Findings of Fact - Approval - Signed CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
IN RE:
Application of Adam Loken for a 5-foot front yard setback and a 9 percent lot coverage variance
on a property zoned Single-Family Residential District (RSF) - Planning Case 2019-14.
On October 1, 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:
Lots 3078, 3079, and 3080, Carver Beach
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 15,000 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 enough lot cover to
construct a reasonably sized single family home.
The proposed house has a modest footprint that results in a relatively small absolute
amount of lot cover, approximately 2,000 square feet, compared to the 3,750 square feet
properties meeting the minimum lot size are allowed. The proposal also features a rain
garden to mitigate the impact of increased lot cover percentage. Given that the property is
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zoned for single-family residential use,the proposed modestly sized house featuring a
stormwater best management practice is in line with the intent of 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 15.3 feet to 25 feet and would bring the side yard
setbacks into compliance with City Code. 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: Constructing a single-family home with a two-car garage on a lot zoned for
single-family residential use is a reasonable use of the property. The proposed home is
reasonably sized, and it would not be possible to construct a home meeting the standards
of the City's zoning code 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 lot is substandard with a lot area of only 6,000 square feet. It would not be
possible to construct a house meeting the City's minimum standards on this property
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. Many
properties within 500 feet of the parcel either have received variances or are non-
conforming uses. The applicant's proposal is very similar to a variance granted for a
similarly sized neighboring property. The proposal would replace an unusable deteriorating
home with a new home similar in scale and configuration to other newer homes in the
neighborhood.
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.
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Finding: This does not apply to this request.
5. The planning report#2019-14, dated October 1, 2019, prepared by MacKenzie Young-
Walters, is incorporated herein.
DECISION
"The Chanhassen Board of Appeals and Adjustments approves a 5-foot front yard
setback variance and a 9 percent lot cover variance for the construction of single-family home,
subject to the following conditions:
1. The applicant must apply for and receive a building permit.
2. The applicant must apply for and receive a demolition permit prior to removing the
existing structures.
3. The applicant must apply for and receive all necessary permits from the Watershed
District.
4. Construction traffic and parking cannot block emergency response road access.
5. The applicant must install a rain garden. The rain garden's design and location must
be approved by the city's Engineering Department.
6. Eaves may encroach up to an additional 24 inches into the required front yard
setback, as shown on the submitted plan.
7. The applicant shall resubmit the site plan which indicates the height of the retaining
wall (top of wall and bottom of wall elevations). Retaining walls shall be designed in
accordance with City Code of Ordinances Sec. 20-1025.
ADOPTED by the Chanhassen Planning Commission this 1st day of October, 2019.
CITY OF CHANHASSEN
BY:
MA4 I— i A
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