Findings of Fact and Recommendation - Signed CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
IN RE:
Application of Susan and Larry Nowlin for a 5-foot front yard setback and a 1.83 percent lot
coverage variance on a property zoned Single-Family Residential District (RSF) - Planning Case
2019-11.
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 26, 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 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 applicant's
small lot size means the 25 percent lot cover standard does not allow for a reasonable
minimum amount of lot cover. Allowing a modest 1.83 percent lot cover variance to
facilitate the construction of a two-car garage on a property that is not overbuilt is
constant with the intent of the shoreland management ordinance.
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Additionally,the home has a non-conforming lot cover of 29.43 percent. 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 26.83 percent, the variance is consistent with the
intent of the Chapter.
The city's zoning code requires a minimum front yard setback of 30 feet in order to
prevent neighborhoods from feeling crowded due to structures being located excessively
close to the road,to ensure the presence of greenspace, and to provide sufficient driveway
length to accommodate off street parking. The applicant's proposal would increase the
property's front yard setback from 8.2 feet to 25 feet,would replace the largely paved front
yard with a lawn, and would increase the amount of off street parking on the property. The
proposed front yard setback represents a significant reduction to the existing non-conformity
and 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: A two-car garage is a reasonable use for a single-family home. In this case,the
lots substandard size and pre-existing home placement means that it is not possible for a
two-car garage to be placed 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 lot's substandard size and pre-
existing house placement means that a two-car garage cannot be situated on the lot
without a variance.
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 non-conforming uses. The proposed addition and two-car garage will not alter the
essential character of the locality,and will increase the visual appeal of the property.
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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#2019-11, 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 5-foot front yard setback variance and a 1.83 percent lot coverage variance, subject to the
following conditions:
1. The applicant must apply for and receive a building permit.
2. The applicant must apply for and receive all necessary permits from the Watershed
District.
3. The applicant shall submit a removal plan for the driveway abutting South Cedar
Drive right-of-way upon submittal of building permits. The applicant shall also
provide an erosion control plan with the grading plans upon submittal of building
permits (adhere to city detail #5302B).
4. The applicant shall include all trees 6" dbh and larger within the construction limits
on the building permit survey and note tree(s)to be removed. All preserved trees
must be protected during construction.
5. One tree will be required to be planted in the front yard if no tree is present at the end
of construction.
ADOPTED by the Chanhassen Planning Commission this 3rd day of September, 2019.
CITY OF CH NHASSEN
BY:
Steven Weick, Ch an
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