Signed Findings of Fact 18-04CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
The application of Custom Pools on behalf of Nick and Jessica Hansgen for a 4.9 percent lot
coverage variance on a property zoned PDDR- Planning Case 2018-04.
On January 16, 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
1. The property is currently zoned Planned Unit Development -Residential (PUDR).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Medium
Density.
3. The legal description of the property is:
Lot 4, Block 2, Walnut Grove
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 intent of the city's shoreland management ordinance is to protect the city's
aquatic resources by limit the amount stormwater generated by properties within 300 feet
of streams/rivers. Due to the lot's existing drainage pattern and the proposed stormwater
BMPs, the proposed project will not increase the amount of stromwater discharged into
the stream.
The parcel's zoning district would otherwise allow for the proposed lot coverage without
requiring a variance, and pools are a typical accessory use in single-family
neighborhoods.
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: All but 4 of the subdivision's detached single family homes are allowed up to
30 percent lot coverage and the proposed pool area is a typical use for this neighborhood.
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 within the city's shoreland overlay district due to the
presence of a small creek located on the agricultural land to the east. The creek's location
combined with the fact that the property drains away from the creek creates a unique
circumstance that allows for higher lot coverage without negatively impacting the creek.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: Most other properties within the subdivision are allowed 30 percent lot
coverage and three other homes have pools. The proposed pool is a typical accessory use
for a residential district. The proposed project will not alter the essential 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 #2018-04, dated January 16, 2018, prepared by MacKenzie Walters, is
incorporated herein.
DECISION
"The Chanhassen Board of Appeals and Adjustments approves a 4.9 percent lot coverage
variance, subject to the following conditions:
1. The applicant must apply for and receive a building permit.
2. Lot coverage may not exceed 4,266 square feet.
3. A low berm must be constructed in the southeast corner of the lot as depicted in
"Attachment 6: WRC Required Berm" in the staff report from PC 2018-04 dated
January 16, 2018.
4. The applicant must purchase and install a fourth rain barrel.
5. A rain garden must be installed in the southwest corner of the property. The design of
the rain garden and installation must be verified by the city's Water Resources
Coordinator.
ADOPTED by the Chanhassen Planning Commission this 16th day of January, 2018.
CITY OF CHANHASSEN
BY:
Chairman