Findings of Fact Approval - Signed CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
IN RE:
Application of John Jensen II for variance from the bluff setback and encroachment in to the
Bluff Creek primary zone for the construction of a septic system on a property zoned Rural
Residential District(RR) - Planning Case 2019-12.
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 Rural Residential District(RR).
2. The property is guided in the Chanhassen Comprehensive Plan for Large Lot Residential.
3. The legal description of the property is:
Lot 10, Block 3,Pioneer Hills, Carver County, Minnesota
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 installation of a septic system in this location will have a minimal impact
on the bluff and the Bluff Creek primary zone. Once installed,the site can be revegetated
to maintain the environmental benefits of the area.
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: The applicant cannot install a compliant septic system on the property without a
variance.
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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 a large lot residential subdivision. The proposed
construction of a septic system in the Bluff Creek primary zone and within the bluff setback
will not alter the essential character of the locality and will provide a working septic system.
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#2019-12, dated September 17, 2019, prepared by Robert Generous, et
al, is incorporated herein.
DECISION
"The Chanhassen Board of Appeals and Adjustments approves a variance from the bluff
setback and encroachment in to the Bluff Creek primary zone for the construction of a septic
system, subject to the following conditions:
1. The applicant is required to submit detailed construction drawings and/or plat
drawings for the project, as applicable. An engineer-designed plan is required to
divert the existing drainage ravine that would be impacted by the proposed SSTS.
2. The applicant shall apply for a septic permit for the septic system.
3. The applicant shall provide further justification of the impracticability of such a
location for an SSTS (e.g. a geotechnical report or perk test if the concern is
fill/disturbed soil).
4. An erosion control plan shall be submitted for review and approval.
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5. The applicant shall submit a tree survey showing the system located as to minimize
tree removal should be required. All trees 6" and larger in and around the
construction area shall be shown. Replacement planting will be required in areas
cleared outside of the septic fields. Plans and quantities shall be approved by the city.
6. Tree protection fencing shall be installed to protect trees and vegetation outside of the
construction area."
ADOPTED by the Chanhassen Planning Commission this 17th day of September, 2019.
CITY OF CHA HASSEN
BY: /Ai i y
even Weick, Cha.; an
g:\plan\2019 planning cases\19-12 1181 homestead lane var\findings of fact and decision 1181 homestead In(approval).docx
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