FOF Meadowlark Lane 03-15-2016CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
VARIANCE
1110421A
Application of Dan Hanson for a shoreland setback variance from a tributary for the construction of
a single-family home, accessory structures, and driveway on property zoned Rural Residential
District (RR) — Planning Case 2016-07.
On March 15, 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 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 a single-family home, accessory structures, and driveway
is a normal use of a property in a residential district and is permitted in the Rural
Residential District. The subject proposal is in harmony with the general purposes and
intent of Chapter 20, Article XI. "RR" Rural Residential District.
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 buildable area of the lot is significantly limited by the required shoreland
setback from the tributary. The property owner proposes to construct a single-family
home, accessory structures, and driveway. The narrow buildable area on the property has
created a practical difficulty for the property owner from using the site in a reasonable
manner, which requires relief from city code.
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, accessory structures, and
driveway on a lot of record in a residential zoning district.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The location of the tributary stream creates a unique circumstance for the
property owner to work around when attempting to construct a single-family home,
accessory structures, and driveway on the lot. The required setback from the stream
creates a narrow buildable area on the lot. The subject tributary was not created by, nor
was its location altered by, the landowner.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The homes located on either side of the property 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, located within the Rural
Residential District.
£ 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 #2016-07, dated March 15, 2016, prepared by Drew Ingvalson, et al, is
incorporated herein.
The Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments,
approves a shoreland setback variance from a tributary for the construction of a single-family
home, accessory structures, and driveway, as shown in Attachment #3 of the memorandum dated
March 15, 2016, subject to the conditions of approval.
ADOPTED by the Chanhassen Planning Commission this 15' day of March, 2016.
CITY OF CHANHASSEN
BY:
Chairman