Findings of Fact Variance - Signed 8-7-18CITY OF CHANHASSEN
CARVER AND HENNEPIN COLINTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Bauer Design Build andZion Investments, LLC for a Bluff Creek primary zone
setback variance to construct retaining walls in conjunction with a site plan for a 54,600 square-
foot, two-story, office, warehouse and manufacturing building on property zoned Planned Unit
Development - Planning Case #2018-11.
On August 7,2018, the Chanhassen Planning Commission 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 Planning Commission makes
the following:
FINDINGS OF FACT
1. The property is currently zoned Planned Unit Development, PUD.
2. The property is guided in the Chanhassen Comprehensive Plan for Office Industrial uses.
3. The legal description of the property is Lot 2, Block 1, Arboretum Business Park 7th
Addition.
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 granting of the variance will provide an enhanced opportunity for the
pedestrian experience on the required wetland trail. The use of the variance provides
reduced impacts to the natural areas.
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: While the developer could have constructed a 17-foot tall retaining wall for the
parking lot outside of the required Bluff Creek primary zone setback, the trail experience
would have been greatly reduced for trail users.
That the purpose of the variation is not based upon economic considerations alone.
Finding: The purpose of the variance is to enhance the trail experience. Economic
considerations are not a factor in the decision.
The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The developer could have built a retaining wall that complied with the required
setback, but the trail experience would have been greatly impacted.
The variance, if granted, will not alter the essential character of the locality.
Finding: The granting of the variance will permit an enhanced wetland trail experience
for the trail users.
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 condition does not apply.
5. The planning report #2018-l l, dated August 7 ,2018, prepared by Robert Generous, et al, is
incorporated herein.
RECOMMENDATION
The Planning Commission recommends approval of a BluffCreek primary zone setback
variance to construct retaining walls in the required setback subject to the conditions of approval in
the staffreport.
ADOPTED by the Chanhassen Planning Commission this 7h day of August, 2018.
CITY OF CHANHASSEN
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d.
Chairman
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