15-15 Findings of FactCITY OF CHAN14ASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Duane R. Skluzacek for a variance to construct a septic system that encroaches into
the wetland setback on property zoned Agricultural Estate (A2) — Planning Case 2015-15.
On August 18, 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 Agricultural Estate District (A2).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density.
3. The legal description of the property is: Lot 2, Block 2, Hillside Oaks.
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 Agricultural Estate District. The purpose of the
request is to replace a failing system with one sized for a four-bedroom home. The
construction of a septic system is a normal use of the property in the Agricultural Estate
District. The applicant's proposal does not encroach further into the required setback
than what is required and maintains all other required setbacks.
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 construct a septic system within the wetland setback
is reasonable. The property is severely constrained with the available siting options of a
septic system due to the location of the wetland, water well, existing house, gravel
driveway, steep slopes, and property lines. The applicant has no other alternatives for the
location of the septic system without negatively affecting the drainage system into the
wetland. This alternative location may also require the re -meandering of the drainage
ditch to the wetland.
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 preserve mature trees and construct a septic system that is built for
the number of bedrooms (4) within the home.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The location of the wetland on the property severely limits the septic system
locations available to the property owner. This unique circumstance was not created by
the landowner (home, property lines, gravel driveway, well, wetland).
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.
The mound septic system will be unseen from the public and neighboring properties and
will help protect the wetland.
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 #2015-15, dated August 18, 2015, prepared by Drew Ingvalson, et al, is
incorporated herein.
"The Chanhassen Board of Appeals and Adjustments approves a 25 -foot setback variance
from the 75 -foot wetland setback to construct a septic system subject to the following conditions:
1. The applicant must apply for and receive a building permit from the City."
ADOPTED by the Chanhassen Planning Commission this 18'x` day of August, 2015.
CITY OF CHANHASSEN
BY:
Chairman
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