Findings of Fact and Decisionh-` )
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Tricia and Peter Nowling for a 12 -foot front yard setback from the west property
line and a 21 -foot front yard setback from the east property line for the construction of a single -
family home on a non - conforming lot of record zoned Single - Family Residential (RSF) —
Planning Case #2011 -10.
On October 18, 2011, the Chanhassen Planning Commission, acting as the Board of Appeals and
Adjustments, met at its regularly scheduled meeting to consider the application. The Board
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 (RSF).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density.
3. The legal description of the property is Lots 1899 -1901, 1913 & 1914, Carver Beach.
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 construction of a Single - Family home is in harmony with the general
purpose and intent of this Chapter and is consistent with the comprehensive plan. The
subject site is located within the Carver Beach subdivision, which was platted in 1927.
Carver Beach is zoned Single - Family Residential (RSF) and is comprised of several non-
conforming residential lots which predate the adoption of the zoning ordinance.
Construction of a single - family home is the primary use in the RSF district.
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 site is an 8, 936 square -foot trapezoid. The subject site has street frontage
on three sides of the property: Yuma Drive, Cree Drive and Ringo Drive, thus creating
three "front yards ". The required front yard setback is 30 feet. With a 30- foot setback
from three property lines, the buildable area of the site is a 1,024 square -foot triangle.
Due to the size and shape of the lot and required setbacks, a home, which complies with the
minimum City standards for a single - family home, (Section 20 -905) is virtually impossible
to locate on the site without variances.
In addition to the limited buildable area, there is an existing 12 -inch culvert that
discharges stormwater under the right -of -way for Ringo Drive and across the southern
portion of the subject site toward Yuma Drive. To accommodate this drainage, the
proposed house is located closer to the north end of the property. In doing so, the 30 -foot
front yard setbacks cannot be met and still allow the construction of a single - family
home.
Based upon the above mentioned facts, there are practical difficulties in complying with
setback requirements. The construction of a single - family home with variances from the
required setbacks is a reasonable use of the property.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The purpose of the variance is not based on economic considerations alone; the
applicant is proposing to construct a single - family home on a non - conforming lot of
record in a residential zoning district.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The subject site is a non - conforming lot of record platted in 1927 and predates
the adoption of the zoning ordinance. It does not comply with the minimum lot standards
in the RSF district. The unique location, size and shape of the site and the need to
accommodate stormwater drainage on the southern portion of the property limits the
ability to construct a home on the site without variances.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: Granting the proposed variance request will not alter the essential character of
the locality or neighborhood, as the Carver Beach subdivision is a residential district.
Many parcels in this development are non - conforming lots of record and may require a
variance to update or construct homes.
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.
5. The planning report #11 -10, dated October 18, 2011, prepared by Angie Kairies, et al, is
incorporated herein.
2
DECISION
The Board of Appeals and Adjustments approves planning Case 2011 -10 for a 12 -foot
front yard setback from the west property line (Yuma Drive) and a 21 -foot front yard setback
from the east property line (Ringo Drive) for the construction of a single - family home on a non-
conforming lot of record zoned Single - Family Residential (RSF), subject to the following
conditions:
a. A building permit is required.
b. Any retaining wall greater than four (4) feet in height must receive building permit
approval.
c. Retaining walls greater than four (4) feet in height must be designed by a structural
engineer licensed in the State of Minnesota.
d. The applicant must submit a tree removal plan that clearly shows all trees, 6 inches and
larger, and their designation as removed or saved as part of the Building Permit
application.
e. Tree protection fencing must be installed prior to any work commencing around all saved
trees. Fencing shall remain in place until construction is completed.
f. The application shall plant two overstory, deciduous, 2 -1/2" diameter trees.
g. Site grading plan must be modified to provide three feet of separation between high water
level and the surrounding low building elevations and submitted to the City for approval
prior to issuance of a Building Permit.
h. A drainage and utility easement shall be conveyed to the city over the conveyance system
before a building permit is issued. This easement shall be, at a minimum, 15 feet in
width and shall include the high water elevation within the channel.
i. The grading must also allow for continued drainage from east to west across the
adjoining property t
j. o the south.
ADOPTED by the Chanhassen Board of Appeals and Adjustments this 18 day of
October, 2011.
CITY OF CHANHEN__
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Chairman