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.
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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