Findings of Fact - Approved - Signed CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
INRE:
Application of Noreen Hoft for a 6-foot rear setback variance on a property zoned Single-Family
Residential District(RSF) - Planning Case 2019-16.
On October 15, 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 2543 through 2553,inclusive,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 zoning code establishes minimum rear yard setbacks to provide
greenspace and separation between neighboring primary structures. The zoning code also
allows for typical accessory uses such as decks and porches and allows open decks and
patios to encroach up to 5 feet into required rear yard setbacks. The proposed screened
porch would only extend 6 feet into the required rear yard, with the majority of the
structure being located in an area permitted by the zoning code. The presence of
vegetation between the applicant's property and the neighboring structures will minimize
its potential impact on the neighboring properties and will help maintain a sense of
separation. Permitting the construction of a screened porch partially within the rear yard
setback would be 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
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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 proposed size and location of the screened porch are both reasonable, and
screened porches are typical uses within the RSF district. The proposed encroachment
into the required rear yard setback is similar to what an open deck would be entitled to;
however, the zoning code does not extend this encroachment to enclosed decks.
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 has a substandard depth of only 100 feet that prevents the applicant
from having enough buildable area to locate the screened porch outside of the rear
setback.
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. Multiple
properties within 500 feet of the parcel either have received variances or are non-
conforming uses. The addition of a screened porch 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#2019-16, dated October 15, 2019, prepared by MacKenzie Young-
Walters, is incorporated herein.
DECISION
"The Chanhassen Board of Appeals and Adjustments approves a 6-foot rear yard setback
variance for the construction of a screened porch, subject to the following conditions:
1. The applicant must apply for and receive a building permit.
2. Provide an updated survey with permit submittals that illustrates all existing utilities on
site and is in accordance with City Code of Ordinances Sec. 7-19.
3. A 10-foot wide utility easement shall be recorded in perpetuity with the property for the
maintenance and repair of the storm sewer pipe and manhole located on the subject
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property. This easement shall extend to the southern property line in order to access the
storm sewer pipe."
ADOPTED by the Chanhassen Planning Commission this 15th day of October, 2019.
CITY OF CHANHASSEN
BY: iA I IA
.teven eick, ' hairman
g:\plan\2019 planning cases\19-16 832 woodhill drive var\findings of fact and decision 832 woodhill drive(approval).doc
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