24-07 Signed Findings of Fact CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application of TruNorth Solar LLC and the owners Gary & Karen Dohse for a ground mounted solar energy system variance on a property zoned Single Family Residential District (RSF) – Planning Case 2024-07. On June 18th, 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 1. 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 property legal description as described in Exhibit A. 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 permitted 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 requested variance fulfills the intent of the chapter through its screened design that maintains community character while allowing safe, effective, and efficient use of solar energy. The request is consistent with the 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 difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.
Finding: The requested variance is due to practical difficulty of inadequate access to direct sunlight caused by trees not planted by the homeowner that limit the square footage of roof available for solar installation. c. That the purpose of the variation is not based upon economic considerations alone. Finding: There is no financial gain or economic consideration for the proposed ground mounted solar array compared to a roof mounted solar array. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The trees located on the property that hinder the solar installation on the roof are mature trees and their proximity to the home creates a hardship as a result of the shading of the roof not created by the landowner. e. The variance, if granted, will not alter the essential character of the locality. Finding: The applicant has proposed a location that is screened from view of the right-of-way by the structures on the property. Additionally, the proposed location is screened from view of the neighboring properties with vegetation. 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: The proposed ground mounted solar energy system is not an earth-sheltered construction and therefore not applicable. 5. The planning report #2024-07, dated June 3, 2023, prepared by Rachel Arsenault is incorporated herein. DECISION The Planning Commission approves the requested variance to install a ground mounted solar energy system subject to the following conditions: 1. Additional screening shall be added on the southern property line bordering 6281 Teton Lane. The Planning Commission directed that the planting locations, amount, and size at instillation were to be determined by city staff. 2. A building permit must be obtained prior to any construction on the site. 3. Building plans must provide sufficient information to verify that the proposed system meets all requirements of the Minnesota State Building Code, additional comments or requirements may be required after plan review.
ADOPTED by the Chanhassen Planning Commission this l8th day of June 2024.
CHANHASSEN C COMMISSION
BY:
Its Chairman