Loading...
24-18 Signed Findings of FactCITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES. MINNESOTA FINDINGS OF FACT AND DECISION IN RE: Application by Owner Chris Campbell for a bluffand bluff setback variance on a property zoned Single Family Residential District (RSF) - Planning Case 2024- I 8. On November 4, the Chanhassen Planning Commission, acting as the Board ofAppeals 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: FINDIN(;S OF FACT l. The property is cunently 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 F - Section 20-58 ofthe 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 this chapter and 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 ofa variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practicil difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The property owner proposes to build an addition to an existing ptincipal ,tru"tuie. Thi existing principal struclure was built in 1986 and built partially into the bluff. The proposed addition is a reasonable request and the location of the existing principal slruclure in lhe bluffcreotes a practical difrculty in the proposed addition complyingwith the city code. Additionally, the property has significant wetlands present on site further restricling the buildable area on the property which restricts the opportunity for a detached struclure lo serve lhe same purpose as the proposed oddition to the principol struclure. The construclion o.f the home in 1986 into the bluff and the presence of wetlands on the property creote o proctical dfficulty in using the property in o reasonable manner in a'way lhal would comply with city code thus a variance is necessary. c. That the purpose ofthe variation is not based upon economic considerations alone. Finding: The purpose of the variance is nol based upon economic considerations alone. d. The plight ofthe landowner is due to circumstances unique to the property not created by the landowner. Finding: The home was built in 1986 by a previous owner of the property. The dwelling is restricted by the bluff and wetland on the property. The variance, ifgranted, will not alter the essential character ofthe locality. Finding: The applicont is proposing an addition in charocler wilh the current primary struclure. 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 is not applicable to the requesl 5 The planning repoft #2024-18, dated October 28 ,2024, prepared by Rachel Arsenault is incorporated herein. The Planning Commission approves the requested variance to build an addition to the single- family home within the bluffand require bluff setbacks subject to the following conditions. Proposed building improvements shall be built consistent with the plans submitted with the variance application. Building plans must provide sufficient information to verify that proposed building meets all requirements of the Minnesota State Building Code, additional comments or requirements may be required after plan review. 6261 Calpin Blvd November 4. 2024 Page 2 of I DECISION t. 2. 6261 Galpin Blvd November 4. 2024 Page 3 of4 I 3. A building permit must be obtained before beginning any construction. Retaining walls (ifpresent) more than four feet high, measured from the bottom of the footing to the top ofthe wall, must be designed by a professional engineer and a building permit must be obtained prior to construction. Retaining walls (if present) under lour leet in height require a zoning permit. Shall obtain all other required permits and adhere to regulations from outside agencies, such as Minnehaha Creek Watershed District. Provide a grading sheet to show how grading from the new structure will tie into the bluff. Install silt fence around the improvements and other BMPs as necessary. No construction staging on the bluff or the wetland. Add the edge ofthe tree canopy line to the building plans. Tree protection fencing should be placed outside ofthe dripline oftrees that are intended to be preserved. ADOPTED by the Chanhassen Planning Commission this 4th day of mber 2024. CHANHA ENP G MMISSION BY: Its Chairman 5 6 7 8 9 10. 6261 Calpin Blvd Novernber 4. 2024 Page 4 of4 Exhibit A LEGAL DESCRIPTION: That part of the Northeast ] of Section 3, Township I 16, Rangc 23: Bcginning at a point in thc North linc of said Norlhcast { dirtant 1,80f, feet West of the Northeast conler thereof; thence West (assumed bearing) along the North line of said Northeast * to a poinr 212 feet East ol the Northwest comer thereofi thence South 09 degrces 48 minutes East,535 feet; thence South l2 degrees 08 minutes West,47.7 feet; thence North 84 degrees 34 minutes East, 293.1 feetl thence North 36 dcgrees 09 minutes East, 261 .52 feetl thence South 53 degrees 04 minutcs llast to intersection with a line drawn South frorn the point of beginning and at a right angle.