Findings of Fact and Decision PC►y_D -7
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Phillip J. Sosnowski and Rosemary F. Kelly for a variance from the shoreland
setback requirements and hard surface coverage to allow for a 551 square -foot patio on property
zoned Single- Family Residential District (RSF) — Planning Case 2014 -27.
On January 6, 2015, 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 legal description of the property is:
P/O GOVT LOT 3 DESC AS: COMM AT NW CORN GOVT LOT 3 TH S ON W LINE
1293.86' TH N89 *E 16' TH S 249.23' TH N89 *E 49.60' TH N 247.87' TH N89 *E 714.51'
TH N20 *E 304.42' TH N14 *E 470.07' TH N13 *E 11.86' TH N44 *E 64.01' TO INTERSECT
WITHLINE BEARING N13 *E FROM N
4. Variance Findines — 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 subject site is zoned Single - Family Residential District. The purpose of the
request is to permit a 39 -foot shoreland setback variance and 5.0 percent hard surface
coverage variance to allow a 551 square -foot patio expansion. While multiple properties
in this area encroach into the shoreland setback, including this property, permitting
additional encroachment into the shoreland setback is unnecessary for the functional use
of the property. The property also has a functioning 13.5 -foot by 13 -foot patio on the
property that currently serves as an outdoor space.
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: Requesting to expand an existing patio is not a practical difficulty in meeting
with City Code. The property has already been granted variances for hardcover and
shoreland setbacks. The site currently has a patio and its expansion is due to a mere
convenience.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The purpose of the variation is not based upon economic considerations alone.
The stated intent is to expand a patio for wheelchair accessible use.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The use of the lot is limited due to its size and depth; however, the property has
already been granted a variance for its construction, allowing them a reasonable use of
the property. Any additional expansions of this non - conformity would be created by the
property owner.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The granting of the variance would not alter the essential character of the
locality. Multiple properties in the area encroach into the shoreland setback. However,
since there already exists surface water runoff issues in the area, expanding hard surface
may increase the runoff problem.
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 #2014 -27, dated January 6, 2014, prepared by Drew Ingvalson, et al, is
incorporated herein.
DECISION
"The Chanhassen Planning Commission, acting as the Board of Appeals and Adjustment,
denies Planning Case #2014 -17 a 39 -foot setback variance from the 75 -foot shoreland setback
requirement and 5.0 percent hard surface coverage variance from the 25 percent requirement to
allow a 551 square -foot patio on a property zoned Single - Family Residential District."
ADOPTED by the Chanhassen Planning Commission this 6h day of January, 2015.
CITY OF CHANHASSEN
BY-
Chairman