Findings of FactCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of The City of Chanhassen on behalf of Wilson Nursery for a variance to permit
installation of sewage holding tanks on property zoned Agricultural Estate (A2) — Planning Case
#2013 -14.
On July 16, 2013, 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 Agricultural Estate.
2. The property is guided in the Chanhassen Comprehensive Plan for residential low density
use.
3. The legal description of the property is described as follows:
E14SASE% &SEKOFNEI4 SEY. &ALSOP /ONISSW%
SECTION 24 LYING SLY OF N 730' AS MEAS ALONG WLY
LINE THEROF & LYING WLY OF CENTERLINE OF HWY 101 AS
SURVEYED EXQ P71 -D MNDOT R-O-W PLAT 10-14, Carver
County, Minnesota
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 the holding tank(s) may be allowed for structures or pre-
existing dwellings where an SSTS, as described in Minn. Rules, or site conditions, cannot
reasonably be installed as determined by the Department.
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 location of the house adjacent to the street and the right -of -way does not
allow for an alternative septic site. Based on the operation of the nursery and the site
topography, there is not an acceptable alternative site for the septic system. The holding
tank is intended to be temporary until sewer and water are available.
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. There is
no viable alternative septic site so the holding tanks will be a temporary solution until
such time as the site develops and municipal services are brought in to the property.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The alleged difficulty or hardship is not a self - created hardship. The septic
system is very old and no record of the system is on file at the City. The contractor
working on the roadway damaged the existing system when installing the new utilities.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The site is currently being used as a nursery business. The temporary use of
the holding tanks should not alter the essential character of the area.
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 #2013 -15, dated July 16, 2013, prepared by Kate Aanenson, et al, is
incorporated herein.
The Board of Appeals and Adjustments approves a variance for the installation of sewage
holding tanks subject to the conditions in the staff report.
2013.
ADOPTED by the Chanhassen Board of Appeals and Adjustments this 16th day of July,
CITY OF CHANHASSEN
BY: 19 / --- �
Chairman
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