Findings of fact signed 18-01CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
1N RE: (APPROVAL)
Application of Todd and Kristin Jackson for an 11.5 -foot front yard setback, a 22.1 -foot
lakeshore setback, and an 11 percent lot coverage variance on a property zoned Single Family
Residential District (RSF) - Planning Case 2018-01
On January 2, 2018 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
I. 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 9, Block 4, Red Cedar Point Lake Minnewashta
4. Variance Finding —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 intent of the city's shoreland management ordinance is to protect the city's
aquatic resources by requiring structures to be setback 75 feet from lakes and limiting the
maximum lot coverage permitted within 1,000 feet of a lake to 25 percent. The setback
and lot coverage limitation is designed to minimize the amount of stormwater runoff that
is discharged into the lake. The applicant's proposal calls for maintaining the existing
nonconforming lake setback and slightly reducing the existing lot coverage. Staff
believes that by using pervious pavers, installing a vegetative buffer, and working with
the watershed district to conduct a shoreline restoration project the proposed home's
impact on Lake Minnewashta will be minimized. Given the existing nonconforming
nature of the property and the BMPs being required as conditions of approval for the
variance, staff believes that the applicant's proposal balances protecting the lake and
allowing for reasonable use on a nonconforming property.
The city's zoning code requires a minimum front yard setback of 30 feet in order to
provide for greenspace and a consistent neighborhood aesthetic. The applicant's proposed
reduction the front yard setback is in conjunction with the removal of an existing
driveway that occupies most of the front yard and is similar to the front yard setback
maintained by other homes in the neighborhood. For these reasons, the requested front
yard setback in harmony with the chapter's intent of providing for greenspace and a
consistent neighborhood aesthetic.
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 lot's substandard size combined with the required front and lake setbacks
mean a reasonably sized home could not be constructed on the property without a
variance.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The variance request is not solely based upon economic considerations.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The property is located in an older subdivision and the existing structure does
not conform to the current zoning code. The parcel is significantly smaller than the
minimum size required for riparian lots zoned RSF. The substandard nature of the lot
makes it impossible to construct a single -fancily home meeting the current zoning code.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The property is located in one of the city's oldest subdivisions. The vast
majority of the properties within 500 feet of the parcel either have received variances or
are nonconforming uses. The existing housing stock is a mix between older single level
homes and more recent two-story homes. Due to the unique constraints posed by each lot
and the changes in architectural trends over the decades, the housing in this area is a fairly
eclectic mix.
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 #2018-01, dated January 2, 2018, prepared by MacKenzie Walters, is
incorporated herein.
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DECISION
"The Chanhassen Board of Appeals and Adjustments approves an 11.5 -foot front yard
setback, a 22.1 -foot Lakeshore setback, and an 11 percent lot coverage variance, subject to the
following conditions:
1. The applicant must apply for and receive a building permit.
2. A title search for the property should be conducted to ensure any/all existing
easements are documented
3. A new 1" = 20' scale survey should be provided as part of the building permit
application clearly showing the propose setbacks and lot coverage for the proposed
house and structures.
4. At least one tree must be planted in front yard, if one is not present after construction.
5. Tree protection fencing must be properly installed at the edge of the grading limits
across the entire south side. This must be done prior to any construction activities
and remain installed until all construction is completed. Any trees lost to construction
activities beyond those indicated in the tree removal plan shall be replaced.
6. No equipment may be stored within the tree protection area.
7. Appropriate tree protection measures must be taken to protect the rear yard ash from
EAB.
8. The 162 square foot rear patio area is understood to be the property's water oriented
structure.
9. Lot coverage may not exceed 3,319 square feet.
10. The proposed rear patio and driveway areas must be constructed using pervious paver
systems.
11. A permanent 20' native vegetated buffer must be installed along the shoreline using
species native to the ecotype with permanent buffer monuments. The buffer may
work around the path and stairs. The buffer must be designed and installed by an
experienced professional in native shoreline restoration. Design plan must be
approved by the Water Resources Coordinator.
12. The property owner must work with Minnehaha Creek Watershed District to identify
and implement any shoreline restoration projects that would improve ecosystem
health and function. Replace riprap with bioengineering solutions is one example.
ADOPTED by the Chanhassen Planning Commission this 2nd day of January, 2018.
CITY OF CHANHASSEN
BY:
Andrew Aller - Chairman
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