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Findings of fact denial - signedCITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (DENIAL) IN RE: Application of Barb Hegenes for a variance to allow hardcover to exceed 25 percent by 8.14 percent, allow a detached accessory structure to exceed the rear lot coverage limit of 30 percent by 4.5 percent, and allow a 15 -foot reduction in the wetland buffer setback on property zoned Single - Family Residential District (RSF)-Planning Case 2016-22. On September 20, 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 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 2, Block 2, Lake Harrison 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 provide an area for family recreation in the rear yard. While this type of use is in harmony with the intent of the RSF District, permitting a pool area of this size is not in harmony with the intent of the district's coverage requirements, both as they pertain to stormwater management and the aesthetics of the neighborhood. No other property in the neighborhood has been allowed to exceed the RSF District's hard cover limit or the restrictions on the amount of the rear yard which may be covered by an accessory structure. The property currently has decks which allow for the use and enjoyment of the rear yard, and does not require the proposed pool area to allow the utilization of the rear yard. The property is also located within Lake Harrison's shoreland management district. Permitting properties within the shoreland management district to have impervious surface in excess of 25 percent is not in harmony with shoreland management district's goal of protecting and preserving water quality. Allowing an accessory structure within the required wetland setback is not in harmony with the ordinance's goal of protecting wetland buffers by ensuring a minimum distance between yard features and the start of the buffer. 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 property currently complies with the City Code. The owner has options within the code for creating a rear yard family area including expanding the existing decks, constructing a detached deck in the rear yard, building a pergola, and other similar structures that would not increase the lot's hardcover. Historically, a permit to build a pool was issued for this property without any variance being requested or granted. Requesting an additional 1,459.25 sq. ft. of impervious surface to construct a pool area is not a practical difficulty in meeting the City Code. Requesting to encroach into the required wetland setback is also not the result of a practical difficultly in meeting the City Code. The rear yard is large enough that a functional family area could be created while maintaining the required wetland buffer setback. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The stated intent is to create a family oriented pool area in the rear yard. Although the proposed pool area would increase the property's value, the request does not appear to based upon economic considerations. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: When the house was built all of the existing regulations regarding impervious surfaces and lot coverage were in place. The lot is larger than the minimum lot size required in the RSF district. The inability to increase the amount of impervious surface is due to the fact that the house and driveway were designed and built to cover 24.77 percent of the lot, not due to any unique feature of the lot. The inability to construct the proposed accessory structure is the result of its proposed design. The wetland buffer setback does limit the amount of developable rear yard; however, the Block 2 of the subdivision was granted a 5 -foot front yard setback variance which mitigates its impact. The house was situated on the property in order to allow for a viable rear yard given the wetland setbacks that were in place at the time of construction. Section 20-411(e) allows for an increase in the usable rear yard in exchange for improved wetland buffers. Accessory structures can be built in the rear yard that conform to the required setback or the setback which could be achieved through Section 20-411(e). e. The variance, if granted, will not alter the essential character of the locality. Finding: Currently no property in the neighborhood has been allowed to exceed the RSF district's impervious surface, lot coverage, and wetland setbacks. Allowing a property to cover a large portion of their rear yard with paver patios would significantly alter the visual impact and character of the neighborhood. 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 #2016-22, dated September 20, 2016, prepared by MacKenzie Walters, is incorporated herein. DECISION "The Chanhassen Board of Appeals and Adjustments denies the variance request to allow hardcover to exceed 25 percent by 8.14 percent, allow a detached accessory structure to exceed the rear lot coverage limit of 30 percent by 4.5 percent, and allow a 15 -foot reduction in the wetland setback." ADOPTED by the Chanhassen Planning Commission this 20' day of September, 2016. CITY OF CHANHASSEN BY: Chairman