Findings of Fact CC - Signed CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
IN RE:
Application of Pamela Reimer for an 11.5-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
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 Planning Commission heard testimony from all interested persons wishing to
speak, and voted to approve a 17-foot front yard setback, a 22.1-foot lakeshore setback, and a 9.5
percent lot coverage variance subject to conditions.
On June 10, 2019, the Chanhassen City Council met at its regularly scheduled meeting to
consider an appeal of the variance approved by the Planning Commission and tabled the variance
appeal, requesting that the applicant provide additional information.
On June 24, 2019, the Chanhassen City Council met at its regularly scheduled meeting to
consider an appeal of the variance approved by the Planning Commission and now makes the
following:
FINDINGS OF FACT
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 9, Block 4, Red Cedar Point Lake Minnewashta
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 requiring structures to be setback 75 feet from lakes and limiting the
1
maximum lot coverage permitted within 1,000 feet of a lake to 25 percent. The property
currently has a nonconforming lot coverage of 36.4 percent and a nonconforming
lakeshore setback of 52.9 feet. The ordinance's setback and lot coverage limitation is
designed to minimize the amount of stormwater runoff that is discharged into the lake.
The variance would decrease the property's nonconforming lot cover by 1 percent and
require the use of pervious pavers, which would replace an additional 7 percent of the
property's impervious lot cover with pervious pavement. The variance also requires the
installation of a vegetative buffer and the implementation of a shoreline restoration
project. The City Council finds that because a portion of Red Cedar Point Road was
constructed outside of the public right of way in an area that would otherwise be the
property owner's front yard, it is necessary to permit the house to be constructed closer to
the lake to provide for a deeper front yard and driveway. The City Council finds that by
using pervious pavers, installing a vegetative buffer, and conducting a shoreline
restoration project, the impact of reducing the property's lakeshore setback to 49.9 feet
will be mitigated. 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.
The city's zoning code requires a minimum front yard setback of 30 feet in order to
provide for greenspace and a consistent neighborhood aesthetic. The reduction to the
front yard setback is in conjunction with the removal of an existing driveway that
occupies the entire width of the property and the majority of the 30-foot front yard
setback. The city finds that reducing the front yard setback to 21.5 feet will minimize the
extent to which the lakeshore setback will need to be reduced in order to accommodate a
house, and will provide the property with a front yard comparable to what is present on
the surrounding properties.
The front yard setback also exists to ensure properties provide adequate off-street
parking; due to the presence of Red Cedar Point Road within the front property line, the
initially proposed front yard setback was insufficient to accommodate an average sized
vehicle. The city finds that by increasing the requested front yard setback from 18.5 feet
to 21.5 feet and allowing the home to move a corresponding distance closer to the lake,
an adequate amount of off-street parking is provided between the driveway and three-car
garage.
The city finds that the variances are consistent with the Comprehensive Plan and in
harmony with the general intent and purposes of the zoning code.
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.
2
Finding: The lot's substandard size combined with the required front and lake setbacks
mean a reasonably sized home could not be constructed on the property without a
variance.
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 in an older subdivision and the existing structure does
not conform to the current zoning code. The parcel is significantly smaller than the
minimum size required for riparian lots zoned RSF. The substandard nature of the lot
makes it impossible to construct a single-family home meeting the current zoning code.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The property is located in one of the city's oldest subdivisions. The vast
majority of the properties within 500 feet of the parcel either have received variances or
are nonconforming 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.
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#2019-03, dated May 21, 2019, prepared by MacKenzie Young-Walters,
is incorporated herein.
DECISION
"The Chanhassen City Council approves an 8.5-foot front yard setback variance, a 25.1-
foot lakeshore setback variance, and a 10.4 percent lot coverage variance, subject to the
following conditions:
1. The applicant must apply for and receive a building permit.
2. Driveway slope shall not exceed 10 percent.
3. A title search for the property should be conducted to ensure any/all existing
easements are documented.
4. The applicant must enter into a roadway easement over the existing portion of the lot
covered by street pavement and curb.
3
5. A new 1" = 20' scale survey should be provided as part of the building permit
application clearly showing the proposed setbacks and lot coverage for the proposed
house and structures. 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 the front yard, if one is not present after
construction.
7. The applicant must revise the silt fence placement 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 of the lot encompassing all existing trees. This must be
done prior to any construction activities and remain 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. The 228-square foot rear patio area is understood to be the property's water oriented
structure.
12. Lot coverage may not exceed 3,257 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 and buffer averaging may be used, subject to the approval of the Water
Resources Coordinator. 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
ecosystem 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 further reduce hard cover associated with the driveway and
patio through the use of pervious paver systems reviewed and approved by the Water
Resources Coordinator.
16. The property owner shall configure the garage to provide a section of driveway at
least 9 feet wide that has a minimum depth of 16 feet 6 inches.
ADOPTED by the Chanhassen City Council this 24th day of June, 2019.
CITY OF CHANHASSEN
BY: .4/1,
Elise Ryan, Mayor
g:\plan\2019 planning cases\19-03 3617 red cedar point road\findings of fact and decision 3617 red cedar round2_cc_2.doc
4