Findings of Fact - SignedCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
IN RE:
The application of Tyler Wortz on behalf of Matt and Amanda Arens for the construction of a
boulder wall, flagstone stepper path, and flagstone patio within the bluffsetback and impact zone
on a property zoned PUDR - Planning Case 2018- 16.
On September 4, 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 rnailed notice. The Board of Appeals and Adjustments makes the following:
FINDINGS OF FACT
l. The property is currently zoned Planned Unit Development-Residential (PUDR).
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 2, South L,otus Lake 2nd Addition
4. Variance Findings - Section 20-58 of the City Code provides the following criteria for the
granting ofa 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 bluff protection ordinance is to ensure that vegetation
and soils located near and on bluffs are not distributed in a manner that has the potential
to create erosive conditions or otherwise negatively impact the bluff. The location of the
house at7644 South Shore Drive predates the bluff protection ordinance and its initial
construction and subsequent rebuild have already disturb most of the vegetation and soils
near the top of the bluff. The applicant has proposed a landscaping plan that works to
manage the stonnwater generated by the property's impervious surface and to minimize
the existing and proposed features' impact on the bluff. Neither the proposed boulder
wall. flagstone stepper path, nor flagstone patio are expected to have any negative impact
on the bluff. Additionally, the bluffprotection ordinance makes provisions for the
creation of paths. stairs, and landings to allow people to safely transverse up and down
bluffs. For these reasons the proposed flagstone stepper path, boulder wall. and patio are
in harmony with the intent of this Chapter.
b. When there are practical difficulties in complying with the zoning ordinance. "Practical
diffrculties," 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: In order to have any use of their rear yard, some improvements are required
within the bluffimpact and setback areas. The installation of a boulder wall to help
prevent the migration of landscaping material down the bluffand the creation of a
flagstone stepper pathway to allow the homeowner to safely transverse their yard are
reasonable uses for the property, and have bean designed to have a minimal impact on the
bluff. The proposed flagstone patio is of a modest size and will allow the applicant
reasonable use of their front yard. The steep and rapid drop-offof the property's rear yard
prevents them from using it for many typical recreational activities. The applicant must
locate these features within the bluff setback and impact zone because the home's
original location predates the city's bluffordinance.
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 was developed before the city enacted the bluff protection
ordinance, and the change in ordinance rendered the house non-conforming and
necessitates a variance for most improvements near the house.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The other larger lots within the neighborhood are also located on steep slopes,
and many other of these properties have landscaping near or in these slopes. Two riparian
properties to the west have received bluffsetback variances for the construction of homes
and accessory sues. The boulder wall and flagstone stepper path are located in the rear of
the house and will not be highly visible. The flagstone patio is modestly sized and the
setback a significant distance from the road. None of the proposed improvements are
atypical for a single-family neighborhood. The variance would not alter the essential
character of the locality.
f. Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in hannony with this Chapter.
Finding: This does not apply to this request.
5. The planning report #2018-16, dated September 4, 2018, prepared by MacKenzie Walters, is
incorporated herein.
DECISION
"The Chanhassen Board ofAppeals and Adjustments approves the variance for the
construction of a boulder wall, flagstone stepper path, and pervious flagstone patio within the
bluff setback and impact, subject to the following conditions:
I . The applicant must apply for and receive a zoning permit.
2. The survey should be updated and provided as part ofthe zoning permit application
showing: a) the top of the bluff; b) 20-foot bluffimpact zone; c) 3O-foot bluffsetback; d)
proposed lot coverage; e) 15" storm pipe and the drainage and utility easement located
over the pipe; f) scenic preservation/conservation easement; and, g) all proposed
improvements.
3. Stairways and flagstone stepper walkways within the bluff setback zone may not exceed
four feet in width.
4. There shall be a minimum of six inches of separation between the flagstones that
comprise the flagstone paths and walkways.
5. The location and dimensions of the boulder wall and flagstone pathways shall
substantially conform to those depicted in Exhibil A.
6. All exposed soil within the gmding limits must either be covered with vegetation or. in
areas where vegetation will not grow, a double-shredded hardwood mulch.
7. Soil infiltration improvements, either adding compost or air spading, shall be conducted
within the project's grading limits.
8. The proposed retaining wall on the east side of the property is within the drainage and
utility easanent. lt should not be constructed over the pipe or infringe on the easernent.
9. The existing retaining wall on the east side of the property is located within a drainage
and utility easernent and an encroachment agreement should be obtained and recorded for
the wall.
10. Zoning permits are required for all proposed retaining walls under four feet in height and
building permits are required for any proposed retaining wall over four feet in height.
I l. The flagstone patio must be ofa pervious design."
ADOPTED by the Chanhassen Planning Commission this 4th day of September, 2018.
CITY OF CHANH
J