Findings of fact signed 17-19CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
Ilei 7 �1
Application of Nathan Kirt for a wetland buffer and wetland buffer setback variance for the
construction of a single-family home on property zoned Single -Family Residential District—
Planning Case #2017-19.
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 for a 20 -foot
wetland buffer and 18.2 -foot wetland buffer setback. City Code requires 50 -foot wetland buffers
and 50 -foot wetland buffer setbacks. 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
uses.
3. The legal description of the property is:
Beginning at the Northwest corner of Section 8, Township 116, Range 23, and running
thence East on the North Section line of said Section, a distance of 199 feet to a point
thereon, which said point is the point of beginning of the land to be herein described; thence
continuing East on said North section line, a distance of 471 feet to a point in the center of
County Road #3; thence turning and running South 6 degrees 14 minutes West, along the
center line of said road, a distance of 516.3 feet to a point; thence south 13 degrees 35
minutes West, a distance of 197.8 feet to a point, which is opposite the Red Cedar Point road;
thence turning and running Northwesterly to a point which is 580 feet due south from the
point of beginning; thence turning and running North a distance of 580 feet to the place of
beginning. Lying and being in Government Lot 1, Section 8, Township 116, Range 23,
Carver County, Minnesota.
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 proposed variance, as submitted, would encroach excessively on the
wetland resource and not provide sufficient permanent buffer to adequately protect the
resource. A variance to permit a reasonable development of the property with a single
family home is appropriate and therefore an alternative variance is recommended.
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: Due to the one hundred foot setback requirement and the 50 foot by 50 foot
easement for the sanitary lift station, the building envelop for the parcel is reduced to a 10
foot deep by 30 foot wide area, which would not permit the construction of a single-
family home and two car garage. Relief from the setback requirements is appropriate.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The purpose of the variance is to allow the construction of a single-family
home on property zoned for such use.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The required setbacks as well as the existing drainage and utility easements
constrain the property development parameters unless relief is provided.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The proposed variance as amended will permit a reasonable use of the property
while still sufficiently protecting the wetland resource.
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 criteria does not apply.
5. The planning report #2017-19, dated January 2, 2018, prepared by Robert Generous, et al, is
incorporated herein.
DECISION
The Board of Appeals and Adjustments determines that the requested 30 foot wetland
buffer variance and 31.8 foot wetland buffer setback variance is unreasonable and not in the best
interest of the city and the property owner, nor does it provide sufficient protection to the
wetland and therefore approves a 10 foot wetland buffer variance allowing a 40 foot wetland buffer
and a 30 foot wetland buffer setback variance allowing a 20 foot wetland buffer setback with a 10
foot accessory structure setback subject to the following conditions:
1. A complete grading, drainage and erosion control plan shall be submitted as part of the
building permit application process.
2. Erosion control shall be installed outside the wetland buffer area prior to any on site
construction activity.
3. The delineated wetland edge required wetland buffer and structure setbacks shall be
shown on the building permit survey.
4. Wetland buffer signs shall be installed at the front building setbacks and at each turn in
the wetland buffer for a total of five signs prior to any construction.
5. Any impact to the wetland buffer shall be restored to the satisfaction of the City of
Chanhassen prior to the issuance of a certificate of occupancy.
6. The applicant shall obtain all required permits from review agencies with jurisdictional
authority.
ADOPTED by the Chanhassen Board of Appeals and Adjustments this 2nd day of
January, 2018.
CITY OF CHANHASSEN
��---�
BY:
Andrew Aller, Chairman
g1p1an\2017 planning cases\17-19 7052 minnewmhta parkway variance - kid findings of fact and decision - vmiance.doc