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Findings of Fact - Approved - SignedCITY OF CHANHASSEN CARVER AND HENNEPIN COTINTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION (APPROVAL) IN RE: The application of Francisco and Heather Lynn Silva for the installation of a septic system within the required bluff setback, impact zone, and front setback on a property zoned A2 - Planning Case 2020-07 . On June 2,2020, the Chanhassen Planning Commission, acting as the Board ofAppeals 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 Agricultural Estate District (A2). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. 3. The legal description ofthe property is: Lot l, Bluftiew Addition 4. Variance Findines - Section 20-58 of the Ci ty 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 bluffprotection ordinance is to ensure that vegetation and soils located near and on bluffs are not distribuled in a manner that has the potential to create erosive conditions or otherwise negatively impact the bluff. The configuration ofthe property and location of the existing home make it impossible to place a septic system on the property outside ofthe required bluff setback. The applicant has proposed a placement as far as possible from the top of the bluffin order to minimize the impact on the bluff impact zone. Staff believes that the proposed location will have a minimal impact on the integrity of the bluff. The city also requires septic systems to be setback from property lines and road right of ways in order to minimize the potential for these systems to negatively impact adjacent property owners or interfere with the installation ofutilities or other features commonly found in right ofways. In this case, the Engineering Department believes that the rockbed I can be located within the right-of-way without interfering with the function of the right- of-way. Additionally, by granting a variance to the property line setbacks, the required bluff setback variance is minimized and the septic system can be placed further away from the top ofthe bluff. Granting a variance to allow a single-family home with no ability to hook up to municipal utilities to install a septic system is consistent with the comprehensive plan, and the proposed variance is in harmony with the intent ofthe zoning code. 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 diffrculties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: Due to the existence ofbluffs on the property, the dimensions ofthe property, the placement of the house, nature ofthe contours, and characteristics ofthe soil, the septic system must be placed in the northwest comer of the property. This placement requires variances from the bluff setbacks, impact zone, and property line setbacks. City sewer and water will not be available for the property in the near future and a functioning septic system is required to have reasonable use ofthe property c. That the purpose ofthe 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 a non-conforming lot of record that was created before the existing district standards, bluffprotection, and septic system ordinances were created. e. The variance, if granted, will not alter the essential character of the locality. Finding: Many components of the septic system would be located below grade and would not be expected to have any visual impact on the neighborhood. While the proposal will likely require the removal of several trees within the city's right-of-way, almost half of the other homes along lakota lane are easily visible from the road and this would not represent a departure from neighborhood standards. The surrounding residential properties are also located on large lots and are served by septic systems. 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 rcWft #2020-07, dated June 2,2020, prepared by MacKenzie Young-Walters, is incorporated herein. 2 RECOMMENDATION "The Chanhassen Board ofAppeals and Adjustments recommends that the City Council approves the placement of the pump line within the 50-foot bluff setback area and the 20-foot bluff impact zone, a 30-foot bluff setback variance for the tanks and a 20-foot bluff and 9-foot property line setback variance for the mound and dispersal area, subject to the conditions of approval: l. The applicant must apply for and receive all necessary permits from the relevant agencies. 2. The applicant must show proposed erosion control on survey and install erosion control as needed to prevent off-site erosion. 3. The septic system must be located as proposed in the survey and design received by the city on May 1,2020 as part of the variance request. 4. The property owner shall enter into an Encroachment Agreement with the city for the area ofthe individual sewage treatment system (septic system) that encroaches into the public easement. The final area of encroachment shall be determined by an as-built survey ofthe septic system, and the Encroachment Agreement shall be recorded prior to issuance of the Certificate of Compliance. 5. All underground components encroaching into the public easement and identified in the Encroachment Agreement shall be detectable by customary locating equipment (i.e. the installation oftracer wire). The tracer wire shall be tested and approved prior to issuance of the Certificate of ComPliance. ADOPTED by the Chanhassen Planning Commission this 2nd day of June,2020. CITY OF CHANHASSEN BY: teve Weick J