Findings of Fact and Recommendation - Approval - Signed CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
IN RE:
Application of James and Jean Way for a 6-foot side yard setback and a 3 percent lot coverage
variance on a property zoned Single-Family Residential District(RSF) - Planning Case 2019-10.
On September 3, 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 Adjustments 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 Two(2), Block Seven(7), Pleasant Acres,Excepting therefrom: That part of Lot 2, Block
7, Pleasant Acres, Carver County,Minnesota, lying south of a line drawn Easterly and parallel
with the North line of said Lot 2,from a point in the West line of said Lot 2,distant 110 feet
Southerly of the Northwest corner of said Lot 2, said parallel line being extended Easterly to the
shores of 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 establishing a minimum lot size of 20,000 square feet and a
maximum lot coverage of 25 percent. These two requirements are designed to work
together to allow property owners sufficient lot cover to construct a reasonably sized
house and accessory structures while preventing excessive development that could
generate unnecessary runoff capable of degrading the lake. In this case,the city must
balance minimizing the property's lot cover with allowing for reasonable use of the
property. The applicant's proposal to increase the width of their substandard two-car
garage is in line with the City ordinance's requirement that all single-family homes have
a two-car garage.
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Additionally, the home has a non-conforming lot cover of 29.95 percent and under the
city's Non-Conforming Use Ordinance the applicant would be entitled to continue the
existing non-conformity and the ordinance allows non-conforming uses to be modified or
improved so long as the non-conformity is not expanded. Since the applicant is proposing
to reduce the property's lot cover to 28 percent,the variance is consistent with the intent
of the Chapter.
The city's zoning code requires minimum side yard setbacks of 10 feet to maintain a
neighborhood aesthetic, to prevent structures from directing runoff onto neighboring
properties, and to accommodate the presence of landings, eaves, and other common
features present on the sides of structures. In this case, the structure on the adjacent parcel
is located over 27 feet from proposed garage and conditions are being imposed on the
variance to minimize the potential for runoff to be directed onto the neighboring property.
Additionally,the variance still provides for the minimum structure setback deemed
acceptable to prevent negative impacts on adjoining parcels in other zoning districts. Due
to the large distance between the existing structure and placement of the foundation 5 feet
from the side lot line, the variance is consistent with the intent of the Chapter.
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: Expanding a 19-foot wide two-car garage to a 24-foot wide two-car garage is a
reasonable use for a single-family home, and the existing placement of the 1962 home
does not permit the applicant to expand the garage without encroaching into the side yard
setback.
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 smaller than the minimum size
required for riparian lots zoned RSF. The lot's substandard size and pre-existing house
placement means that the garage width cannot be increased without a variance.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The prevailing character of the houses along the east side of Minnewashta
Parkway is that or relatively wide homes situated on shallower lots. Increasing the width of
6641 Minnewashta by approximately 5 feet will not alter the aesthetics of the neighborhood,
especially given that there is a large gap between the applicant's home and their neighbor's
garage. The largest visual impact of the proposed project would be adding the second-level
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bonus room above the garage; however,at 19 feet high it is still significantly below the
district's maximum height of 35 feet.Additionally,there are also other homes with second
story living areas along Minnewashta Parkway. The proposal is consistent with the general
character of the neighborhood and it will 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 harmony with this Chapter.
Finding: This does not apply to this request.
5. The planning report#2019-10, dated September 3, 2019, prepared by MacKenzie Young-
Walters, is incorporated herein.
DECISION
"The Chanhassen Board of Appeals and Adjustments approves a variance request to
allow a 6-foot side yard setback variance and a 3 percent lot coverage variance, subject to the
following conditions:
1. The applicant must apply for and receive a building permit.
2. Eaves that are between 2 feet from the property line and less than 5 feet from the
property line require a 1-hour fire-resistance-rating on the underside of the projection.
3. The applicant must apply for and receive all necessary permits from the Watershed
District.
4. Submit a grading plan that illustrates existing and proposed grades (if any), include
drainage arrows that show the direction of stormwater runoff, and include an erosion
control plan.
5. Abandon one of the two driveway accesses off of Minnewashta Parkway serving the
property and submit removal plans that are in accordance with City Standards.
6. Edge of the garage foundation must be 5 feet from the south lot line, eaves may
project an additional 1 foot.
7. Garage gutter downspouts may not be oriented to the south.
ADOPTED by the Chanhassen Planning Commission this 3rd day of September, 2019.
CITY OF CHANHASSEN
BY:
Steven WeicALf- ,fri;?
Chairman
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