15-07 Findings of Fact and DecisionCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
IN RE:
Application of Daniel P. and Susan Fagan for a variance to expand the indoor living space to the
deck that encroaches into the shoreline setback on property zoned Single -Family Residential
District (RSF) — Planning Case 2015-07.
On April 7, 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:
Lot 19, Block 4, Red Cedar Point Lk Minnewashta
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 subject site is zoned Single -Family Residential District. The purpose of the
request is to expand the indoor living space to the deck that encroaches into the shoreline
setback. The construction and use of the expanded living space area is a normal use of the
property in a residential district. The applicant's proposal does not further encroach into
the shoreline setback and the applicant has proposed a reduction in hard surface coverage
on the site that will bring the property into compliance with City Code, bringing the
property more in accordance with the general purposes and intent of the RSF district than
it currently stands.
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 applicant's request to expand their indoor living space is reasonable. The
applicant has no other alternatives for indoor expansion on the lake side of their property.
Due to the location of their living room, indoor living expansion over the deck is the only
option without expanding hard surface coverage. The existing structure encroaches into
the 75 -foot shoreline setback, but expanding the porch living space will not cause the
structure to encroach further into this required shoreline setback.
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 increase the indoor living area of the existing home.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The existing structure was approved by the City the same year that the City of
Chanhassen shoreland chapter was first adopted, as authorized by Minnesota Statute
Chapter 103F and Minnesota Rules, Parts 6120.2500 through 612.3900. The applicant
purchased the property in 2014 and thus did not create the nonconformity on the
property.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The granting of the variance will not alter the essential character of the locality.
Multiple structures in the area encroach on the 75 -foot shoreland setback requirement.
Many of the lots in the neighborhood have shoreline setbacks that do not meet the
minimum requirements because the original homes/cabins were constructed in the early
to mid -1900s, several decades before the district standards were adopted (1986). There
are also properties in this area that have constructed homes within the shoreline setback
after the district standards were adopted. The City has granted five shoreline setback
variances within 500 feet of the subject property that range from 4 feet to 31 feet, or
shoreline setbacks of 71 feet to 44 feet.
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 42015-07, dated April 7, 2015, prepared by Drew Ingvalson, et al, is
incorporated herein.
DECISION
"The Chanhassen Board of Appeals and Adjustments approves a 15 -foot setback variance
from the 75 -foot shoreline setback to expand a 13 -foot by 12 -foot section of the existing deck
subject to the following conditions:
1. The applicant shall reduce the hard surface coverage of the property to not exceed 25 percent.
2. The building expansion does not further encroach further than 15 feet into the 75 -foot
shoreline setback.
3. The applicant must apply for and receive a building permit from the City."
ADOPTED by the Chanhassen Planning Commission this 7' day of April, 2015.
CITY OF CHANHASSEN
BY:
Chairman