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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 1 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. 5 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. 2 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: "G:\pLANV023 Planning Casesu3-19 7301 Laredo Drive- VAR\Approval Documents\Findings of Facts.docx" J