Signed FOF 7301 Laredo DrCITY OF CHANTIASSEN
CARVER AND FIENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Dennis Flaherty for rear yard setback variances to facilitate the reconstruction of an
existing deck, approved by a previous variance, on a property zoned Single Family Residential
District (RSF) - Planning Case 2023-19.
On October 3rd, the Chanhassen Planning Commission, acting as the Board of Appeals and
Adjustments, met at its regularly scheduled meeting to consider the application. The Planning
Commission conducted a public hearing on the proposed variance preceded by published and mailed
notice. The Board of Appeals and Adjustments makes the following:
FINDINGS OF FACT
t. The property is currently zoned Single Family Residential District (RSF)
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density.
3. The legal description of the property is: Lots 12, Block 1, Sunrise Hills First Addition
4. Variance Findings - Section 20-58 of the City Code provides the following criteria for the
granting of a variance:
a. Variances shall only be permiued when they are in harmony with the general purposes and
intent of this Chapter and when the variances are consistent with the Comprehensive Plan.
Finding: The City Code requires that properties are maintained and in usable condition.
Decks must be maintained structurally sound, in good repair, with proper anchorage and
capable of supporting the imposed loads. The variances to the lake setback is necessary for
the property owner to maintain their property. Repairing features of a property that are
required by City Code is consistent with the intent of the zoning code and Comprehensive
Plan.
b. When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties" as used in connection with the granting of a variance, means that the property
owner proposes to use the property in a reasonable manner not permitted by this Chapter.
Practical diffrculties include, but are not limited to, inadequate access to direct sunlight for
solar energy systems.
Finding: The literal enforcement of this chapter does cause undue hardship. The parcel predates
the shoreland zoning ordinance, as it was platted in 1956. Of the properties within 500 feet of
the parcel, four do not meet the 75-foot structure setback, three of which were granted variance
approval for the encroachment, including the subject property. While the applicant has
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reasonable use of the property, this request is unique, in that the applicant would like to maintain
the usable areathatthey originally had when they purchased the property.
c. That the purpose of the variation is not based upon economic considerations alone
Finding: The variance request is not solely based upon economic considerations. The
property owner's intent is to maintain the aesthetics and usable area of their home.
d. The plight of the landowner is due to circumstances unique to the property not created by the
landowner.
Finding: The plight of the landowner is applicable to all lake shore properties that lie within
the Single-Family Residential District. The subject site predates the adoption of the Zonngand
Shoreland District regulations. Most of the homes meet the required shoreland setback. To
provide reasonable use of the lake shore lot, the applicant was granted a 15-foot lakeshore
variance in 1996 to construct a deck on the lake side of the home and was granted the same
variance in 2008 to convert said deck to a porch. Replacing the current deck will not encroach
farther than the current porch and will not add any additional hardcover.
e. The variance, if granted, will not alter the essential character of the locality
Finding: The character of this neighborhood is based primarily on its proximity to Lotus Lake
The new deck would not negatively impact the neighborhood's character as it will allow future
property owners to benefit from the lake view and will also benefit the neighbors as it will
improve outdoor neighborhood aesthetics.
f. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes
Section 216C.06, subdivision 14, when in harmony with this Chapter.
Finding: This does not apply to this request.
The planning report #2023-19, dated October 3,2023, prepared by Rachel Jeske is
incorporated herein.
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DECISION
The Planning Commission approves the requested 15-foot shoreland setback variance for the
reconstruction of a deck, subject to the following conditions:
1. A building permit must be obtained prior to demolishing any structures on the site and before
beginning any construction on the site.
2. Building plans must provide sufficient information to veriff that the proposed building meets
all requirements of the Minnesota State Building Code, additional comments or requirements
may be required after plan review.
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3. The installation of any improvements on the Site shall meet all applicable jurisdictional
requirements, including but not limited to the Minnesota Department of Natural Resources
and the Riley Purgatory Bluff Creek Watershed District, and all applicable permits shall be
obtained prior to any site improvements.
ADOPTED by the Chanhassen Planning Commission this 3rd day of October 2023.
CITY CHANHASSEN
BY
Its:
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