2016-04 Findings of Fact and Decision VarianceCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
VARIANCE
Application of Gayle M. & Richard P. Vogel for a 70 -foot shoreland setback variance from a
tributary to construct a driveway on property zoned Agricultural Estate (A2) — Planning Case 2016-
04.
On February 16, 2016, 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 Rural Residential District (RR).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Large Lot.
3. The legal description of the property is: Lot 7, Block 1, Riley Lake Meadows.
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 construction of a 10 -foot wide driveway to access the property is a normal
use of a property in a residential district, which is in harmony with the general purposes
and intent of Chapter 20, Article XI. "RR" Rural Residential District. Providing adequate
driveway access is a standard accessory use for the property.
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 tributary stream, as well as the location of the three
identified wetland basins on the lot, creates practical difficulties in providing access to
the lot. In order to avoid wetland impacts to an additional wetland basin on site, and
provide reasonable access to the lot and future residence, a shoreland setback variance
from the tributary is necessary.
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 would like to construct a single-family home on a lot of record in a
residential zoning district and is trying to provide adequate access.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The location of both the tributary stream and wetland basins creates a unique
circumstance in constructing an adequate driveway to the lot. None of the water
resources were created by, nor was their location altered by, the landowner.
e. The variance, if granted, will not alter the essential character of the locality (similar home
sizes).
Finding: The homes located on either side of the home are single-family residential
homes, and both have a bituminous driveway access, as do all homes in the
neighborhood. Granting the proposed variance request will not alter the essential
character of the locality or Riley Lake Meadows neighborhood, a rural residential district.
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 #2016-04, dated February 16, 2016, prepared by Krista Spreiter, et al, is
incorporated herein.
DECISION
The Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments,
approves a variance to encroach 70 feet into the required 100 -foot shoreland setback from a
tributary stream, as shown in plans dated January 6, 2016 to construct a driveway, subject to the
conditions of the staff report.
ADOPTED by the Chanhassen Planning Commission this 16d' day of February, 2016.
CITY OF CHANHASSEN
BY:
Mark Undestad, Acting Chairman