Approval Ltr 12-10-18CITY OF CHANHASSEN
CARVER AND HENNEPIN COLINTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
IN RE:
The application of Richard Morris for the construction of a detached garageon a property zoned
Single Family Residential District (RSF) - planning case 20t g-20.
On December 4,2018,the Chanhassen Planning Commission, acting as the Board of Appeals
and Adjustments, met at its regularly scheduled meeting to consider the application. Thi-
Planning Commission conducted a public hearing on the proposed varianci preceded by
published and mailed notice. The Board of Appeals and Adjustments makes the following:
FINDINGS OF FA9T
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.
3. The legal description of the property is:
Lot 1, Block 1, Cedar Crest
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 and wetland ordinances is to minimize the
impact of development upon the city's water resources. The applicant's proposal to
combine the undeveloped lot of record with a parcel that has an existing single-family
home will remove the potential for a new single-family home to be constructed on the
vacant lot. A new single-family home would entail the creation of significantly more
impervious surface and require a larger shoreland setback variance than the proposed use,
as well as a wetland setback variance that the proposed use does not require. Granting the
requested shoreland variance to accommodate the construction of a detached garage that
will result in the less intensive use of a riparian lot is in harmony with the intent oithis
Chapter.
b.
The intent of the city's required front yard setback is to ensure adequate driveway lenglh
to accommodate off street parking, and to create a uniform aesthetic within residential
areas by ensuring the presence of a minimum amount of front yard greenspace. In this
instance, the parcel in question has an existing driveway that provides adequate off-street
parking and is located at the end of a dead-end with no potential to negatively impact the
neighbors' viewscape. Furthermore, the requested reduction in the front yard setback will
reduce the need for a wetland setback variance and will significantly reduce the size of
the requested shoreland setback variance. In this case, increasing the structure's distance
from the lake is more important than increasing its distance from the public right of way.
For the above reasons, the requested front yard setback variance is in harmony with the
intent of this Chapter.
When there are practical diffrculties 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 shoreland, wetland, and front yard setbacks leave the parcel with a very
constrained triangular building area, and relief from one or more setbacks would be
required for most potential uses of the property. The applicant's proposed use of the
parcel to accommodate an accessory structure is reasonable and is significantly less
intensive than other potential reasonable uses for the property, i.e. a single-family home,
and requires significantly smaller variances.
That the purpose of the variation is not based upon economic considerations alone.
Finding: The variance request is not solely based upon economic considerations.
The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The property is a lot of a record and was platted before the city's zoning,
wetland, and shoreland ordinances were adopted. The lot does not meet current standards
and the non-conforming nature of the lot has created the restricted buildable area that
necessitates the requested variances.
The variance, if granted, will not alter the essential character of the locality.
Finding: The size and scale of the proposed detached garage is permiued by the
property's zoning district. Additionally, the location of the parcel at the end of a dead-end
street on the far side of the property from the only neighboring residence means that
granting the requested variance should not have any impact on the essential character of
the neighborhood.
c.
d.
2
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 #2018-20, dated December 4,2}ll,prepared by MacKenzie Walters, is
incorporated herein.
DECISION
"The Chanhassen Board of Appeals and Adjustments approves a l3-foot front yard
setback and a 4-foot shoreland setback variance, subject to the following conditions:
1. The applicant must apply for and receive a building permit.
2. Parcels PID 251700010 and PID 251700020 must be combined.
3. The drainage and utility easement between parcels PID 251700010 and PID
251700020 must be vacated.
4' The applicant shall include all trees 6" dbh and larger within the construction limits
for the accessory building and note trees to be removed. All preserved trees must be
protected during construction.
ADOPTED by the Chanhassen Planning Commission this 4th day of December, 2018.
Chairman
CITY OF CHANHASSEN
h
J
CITYOT CIIAI'IIIASSXN
Chanhassen is a Communig for Life - Providing for Today and Planning for TomorTow
December I l, 201 8
Richard Morris
3790 Lone Cedar Lane
Chaska, MN 55318
Re: Variance - Detached Garage
DearMr. Morris:
This letter is to formally notii/ you that on December 4,2018, the Chanhassen Planning Commission voted to
approve the following motion:
"The Chanhassen Board of Appeals and Adjustments approves a l3-foot front yard setback and a 4-foot
shoreland setback variance, subject to the conditions ofapproval and adopts the attached Findings ofFact and
Decision."
The conditions of the variance are as follows:
1. The applicant must apply for and receive a building permit.
2. Parcels PID 251700010 and PID 251700020 must be combined.
3. The drainage and utility easement between parcels PID 251700010 and PID 251700020 must be
vacated.
4. The applicant shall include all trees 6" dbh and larger within the construction limits for the
accessory building and note trees to be removed. All preserved trees must be protected during
construction.
The variance is valid for one year from the approval date. The conditions placed on the variance must be met
by December 4,2019.
If you have any questions, please contact me at952-227-1132 or mwalters@ci.chanhassen.mn.us.
Sincerely,
?,zs->
MacKenzie Walters
Assistant Planner
Encl.
c: Building File
G:\PLANVOl8 Planning Cases\I8-20 3790 lone Cedar lane Sub Var\Approval Lrtter 18-20.doc
pH 952.227 . L100 . www. Ci. cha nhasse n. m n. us . tx 952.227 .ttlo
77OO MARKET BOULEVARD . PO BOX 1.47 . CHANHASSEN . MINNESOTA 55317
E
CITY OF CIIANHASSEN
cARyER COUNTY, MIIII\TESOTA
VARIANCE 2OI8.2O
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby
grants the following variance:
The Chanhassen Board of Appeals and Adjustments approves a l3-foot front yard
setback and a 4-foot shoreland setback variance.
2. Prooertv. The variance is for aproperty situated in the City of Chanhassen, Caner County,
Minnesota, and legally described as [ot l, Block 1, Cedar Crest.
3. Conditions. The variance approval is subject to the following conditions:
L The applicant must apply for and receive a building permit.
2. Parcels PID 251700010 and PID 251700020 must be combined.
3. The drainage and utility eas€ment between parcels PID 251700010 and PID
251700020 must be vacated.
4. The applicant shall include all trees 6" dbh and larger within the construction limits
for the accessory building and note trees to be removed. All preserved trees must be
protected during construction.
4. Laose. If within one (l) year of the issuance of this variance the allowed construction has not
been substantially completed, this variance shall lapse.
Dated: December 4, 2018 CITY OF CHANHASSEN
(sEAL)
2018 by Denny l.aufenburger, Mayor and Todd Gerhardt, City Manager, of the City of Chanhassen,
a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted
by its City Council.
STATEOFMINNESOTA )
(ss
cotiNTYoFcARvER )
The forcgoing instrumeil was acknowledged uerorc me ttris ld{ay ", $* D-*Uef
DRAFTEDBY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhass€n, MN 55317
(9s2)227-fi00
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