Findings of Fact PC - SignedCIryOFCHANHASSEN
CARVER AND HENNEPN COLTNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
IN RE:
Application of Pamela Reimer for a 20-foot front yard setback, a 22.1-foot lakeshore setback,
and a 9.5 percent lot coverage variance on a property zoned Single Family Residential District
(RSF) - Planning Case 2019-03
4. Variance Findines - 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 ofthis Chapter and when the variances are consistent with the comprehensive
plan.
Finding: The intent ofthe city's shoreland managanent ordinance is to protect the city's
aquatic resources by requiring structures to be setback 75 feet from lakes and limiting the
maximum lot coverage permitted within 1,000 feet of a lake to 25 percent. The setback
and lot coverage limitation is desigred to minimize the amount of stormwater runoff that
is discharged into the lake. The applicant's proposal calls for maintaining the existing
nonconforming lake setback and slightly reducing the existing lot coverage. Staff
believes that by using pervious pavers, installing a vegetative buffer, and working with
the watershed district to conduct a shoreline restoration project the proposed home's
impact on Lake Minnewashta will be minimized. Given the existing nonconforming
nature of the property and the BMPs being required as conditions of approval for the
variance, the city believes that the applicant's proposal balances protecting the lake and
allowing for reasonable use on a nonconforming property.
On May 21, 2019, 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 Adjustrnents makes the following:
FINDINGS OF FACT
l. 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 ofthe property is:
Iot 9, Block 4, Red Cedar Point Lake Minnewashta
I
SCAI'IttlED
b
The city,s zoning code requires a minimum front yard setback of30 feet in order to
proride for greeispace and a consistent neighborhood aesthetic. The applicant's proposed
ieduction tJthe front yard setback is in conjunction with the removal ofan existing
driveway that occupiei most of the front yard and is similar to the front yard setback
maintained by other homes in the neighborhood.
The front yard setback also exists to ensure properties provide adequate off-street
parking; the proposed driveway length of l5 feet is insufficient to accommodate an
average sized vehicle. In order to provide for adequate o$street parking an average
driveiay length ofat least 16 feet is required. The requested front yard variance does not
provide ior tlis length, but granting an l7-foot front yard setback variance instead of the
iequested 20-foot front yard setback variance would meet the intent of the ordinance.
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
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property owner proposes to use the property in a reasonable manner not permitted by this
^Cf,uptel. Practical difficulties include, but are not limited to, inadequate access to direct
sunlight for solar energy systems.
Fin.ting: The lot's substandard size combined with the required front and lake setbacks
mean aieasonably sized home could not be constructed on the property without a
variance.
That the purpose ofthe variation is not based upon economic considerations alone.
Finding: The variance request is not solely based upon economic considefations.
The plight ofthe landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The property is located in an older subdivision and the existing structure does
not conform to the current zoning code. The parcel is sigrrificantly smaller than the
minimum size required for riparian lots zoned RSF. The substandmd nature of the lot
makes it impossible to construct a single-family home meeting the current zoning code'
The variance, if granted, will not alter the essential character ofthe locality'
Finding: The property is located in one ofthe city's oldest subdivisions. The vast
majorit! of the properties within 500 feet of the parcel either have received variances or
ure .roncorrfor-ing uses. The existing housing stock is a mix between older single level
homes and more recent two-story homes. Due to the unique constraints posed by each lot
and the changes in architectural trends over the decades, the housing in this area is a fairly
eclectic mix.
Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter'
c.
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f.
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Finding: This does not apply to this request.
The planning report #2019-03, dated May 21, 2019, prepard by MacKenzie young-Walters,
is incorporated herein.
DECISION
"The Chanhassen Board ofAppeals and Adjustmants approves an l7-foot front yard
setback, a 22.1-foot lakeshore setback, and an 9.5 percent lot coverage variance, subject to the
following conditions:
l The applicant must apply for and receive a building permit.
2. Driveway slope shall not exceed l0 percent.
3. A title search for the property should be conducted to ensure any/all existing
easernents are documented.
4. The applicant must dedicate the existing portion of the lot covered by street pavement
and curb as public right ofway.
5. A new l":20' scale survey should be provided as part ofthe building permit
application clearly showing the proposed setbacks and lot coverage for the proposed
house and stnrctures. This survey should also correctly note the 100-year FEMA
floodplain and should show the lowest floor not less than three feet above the regional
flood elevation.
6. At least one tree must be planted in front yard, ifone is not present after construction.
7. The applicant must revise the silt fence placanent to exclude the 28,,oak tree from
the grading and construction limits and locate tree protection fencing around it.
8. Tree protection fencing must be properly installed at the edge of the grading limits
across the entire south side ofthe lot encompassing all existing trees. This must be
done prior to any construction activities and rernain installed until all construction is
completed. Any trees lost to construction activities shall be replaced.
9. No equipment may be stored within the tree protection area.
10. Appropriate tree protection measures must be taken to protect the rear yard ash from
EAB.
11.The228 square foot rear patio area is understood to be the property's water oriented
structure.
12. Lot coverage may not exceed 3,170 square feet.
13. A permanent 20' native vegetated buffer must be installed along the shoreline using
native species with permanent buffer monuments. The buffer may work around the
path and stairs. The buffer must be designed and installed by an experienced
professional in native shoreline restoration. Design plan must be approved by the
Water Resources Coordinator.
14. Develop and implement a shoreline restoration plan that is designed and installed by
an experienced professional in native shoreline restoration that will improve
ecosystern health. The plan may incorporate use of the existing riprap. The Design
plan may require additional approvals and must be approved by the Water Resources
Coordinator.
15. The property owner must propose to further reduce hard cover associated with the
driveway and patio through the use ofpervious paver systems reviewed and approved
by the Water Resources Coordinator.
ADOPTED by the Chanhassen Planning Commission this 21" day of May, 2019'
CIT\'OF
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