6251 Teton Variance Staff Report
Project: Solar Variance Request (Planning Case 2024-07)
Planning Commission Review Date: June 18, 2024
60 Day Action Deadline: July 16, 2024
Drafted By: Rachel Arsenault, Associate Planner
Staff Report Date: June 3, 2024
SUMMARY OF REQUEST:
The applicant is requesting a variance from Division 20-XXIII-10 Accessory Solar Energy Systems, they are
proposing a ground mounted accessory solar system located in the rear yard behind the accessory
structures on the property.
STAFF RECOMMENDATION:
Staff recommends approval of the requested variance.
LOCATION: 6251 Teton Lane, Excelsior, MN 55331 (Subject Property)
APPLICANT: TruNorth Solar LLC and
Gary & Karen Dohse
OWNER: Gary & Karen Dohse
CURRENT ZONING: Residential Single-
Family (RSF)
2040 LAND USE PLAN: Residential Low
Density
ACREAGE: 2.13 Acres
PROPOSED MOTIONS:
“The Chanhassen Board of Appeals and Adjustments approves the requested ground
mounted solar energy system variance for the construction of the system at 6251 Teton
Lane subject to the conditions of approval and adopts the attached Findings of Facts
and Decision.”
6251 Teton Lane
June 3, 2024
Page 2 of 5
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The city’s discretion in approving or denying a variance is limited to whether the proposed project meets
the standards in the zoning ordinance for a variance. The city has a moderate level of discretion with a
variance because the applicant is seeking a deviation from established standards. This is a quasi -judicial
decision.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSAL/SUMMARY
The applicant is requesting a variance from Division 20-XXIII-10 Accessory Solar Energy Systems, which
requires that solar energy systems shall be attached to a building or shall demonstrate by credible
evidence that such system cannot feasibly be attached to a building due to structural limitations of
the building. The applicant is proposing a ground mounted accessory solar system located in the
rear yard behind the accessory structures on the property.
APPLICABLE REGULATIONS
• Chapter 20, Division 3, Variances.
• Chapter 20, Article 20-XXIII, Division 20-XXIII-10 Accessory Solar Energy Systems
• Chapter 20, Article 20-XII “RSF” Single-Family Residential District
BACKGROUND
The property is located on the North side within the City of Chanhassen limits. The zoning district is
Residential Single-Family with a minimum lot size of 15,000 square feet, this property is 92,782.8
square feet in size (2.13 acres). The lot is wooded around the property lines which would serve as
natural screening for a ground solar installation. The maximum permitted hard coverage is 30% by
code, the proposed hard coverage after the installation is 12%.
ZONING OVERVIEW
Division 20-XXIII-10 Accessory Solar Energy Systems requires that solar energy systems shall be
attached to a building or shall demonstrate by credible evidence that such system cannot feasibly
6251 Teton Lane
June 3, 2024
Page 3 of 5
be attached to a building due to structural limitations of the building. The City code does not have
measures or alternate regulations for external limitations such as shade from trees or buildings that
would allow for administrative approval of a solar energy system to be located on the ground, if the
structure the solar panels would otherwise be located on was deemed structurally substandard.
The ground mounted solar energy system will be located outside of the required setbacks from the
property lines as established by the Accessory Solar Energy Systems code and the applicable
Residential Single-Family code. The system will be setback 365 feet from the front (West) property
line, 55 feet and 130 feet from the side (North & South) property lines, and 55 feet from the rear
(East) property line. The system will measure 13’ 8” deep and 43’ 7” wide. The system will have a
total height of 10 feet 5 inches, which is within the allowed 20 feet of height for accessory
structures.
6251 Teton Lane
June 3, 2024
Page 4 of 5
ANALYSIS
1. “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.”
The requested variance fulfills the intent of the chapter through its screened design and is
found to be consistent with the comprehensive plan.
2. “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.”
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.
3. “That the purpose of the variation is not based upon economic considerations alone.”
There is no financial gain or economic consideration for the proposed ground mounted solar
array compared to a roof mounted solar array.
4. “The plight of the landowner is due to circumstances unique to the property not created by
the landowner.”
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.
5. “The variance, if granted, will not alter the essential character of the locality.”
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.
6. “Variances shall be granted for earth-sheltered construction as defined in M.S. § 216C.06,
subd. 14, when in harmony with this chapter.”
The proposed ground mounted solar energy system is not an earth-sheltered construction
and therefore not applicable.
6251 Teton Lane
June 3, 2024
Page 5 of 5
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion and the adoption of
the attached findings of fact and action.
“The Chanhassen Board of Appeals and Adjustments approves the requested ground mounted
solar energy system variance for the construction of the system at 6251 Teton Lane subject to the
conditions of approval and adopts the attached Findings of Facts and Decision.”