FINDINGS OF FACT AND DECISION 7701 Frontier Trail (Approval)_As passed- signed by S Weick 1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
IN RE:
Application of Daniel Burke for a 30-foot front setback variance on a property zoned Single-
Family Residential District (RSF) - Planning Case 2020-11.
On July 7, 2020, 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:
Lot 10, Block 4, City Lots of Chanhassen
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 allows variances in order to permit the owners of non-
conforming property and lots to undertake reasonable improvements. The applicant’s
proposal to relocate the existing entrance so that it no longer exits into the public right-of-
way and to construct an architecturally compatible open porch to provide shelter for
individuals utilizing the entrance, represents a clear improvement to the property. While
the city would normally not support a 0-foot front yard setback, the existing home’s
location directly on the property line makes it impractical to maintain a front yard
setback. Taking into consideration the preexisting placement of the house, design of the
porch, and overall architectural characteristics of the project, the requested variance
meets the intent of the zoning code and provides reasonable relief for a non-conforming
property.
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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’s proposal to relocate the home’s entrance so that it does not exit
directly into a street right-of-way is reasonable, as is the request to construct an
architecturally compatible open porch to provide shelter for individuals entering and
exiting the home. The location of the home on the property makes it impossible for the
applicant to construct the proposed porch without the requested front yard setback
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 was created in 1887 and the home was built in 1896. Since the creation
of the lot and construction of the home predates modern survey techniques and permitting
standards, as well as the creation of the city and adoption of a zoning code, the applicant
is forced to work within the constraints created by the non-conforming lot and house
placement.
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 neighborhoods. Many of the
properties in the area do not have the required 30-foot front yard setback, either by virtue
of variances or b y virtue of their status as non-conforming uses. Additionally, four of six
properties located near this parcel along Frontier Trail appear to have structures built on
or across their front lot line. Given this, allowing the application to construct an open
porch maintaining the existing structure’s 0-foot front setback 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 #2020-11, dated July 7, 2020, prepared by MacKenzie Young-Walters,
is incorporated herein.
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DECISION
“The Chanhassen Board of Appeals and Adjustments approves a 30-foot front setback
variance request for the construction of a porch, and adopts the attached Findings of Fact and
Decision, subject to the following condition:
1. The porch must be redesigned so that its eaves do not encroach further than the existing
home’s eaves.
2. The applicant must apply for and receive a building permit.
3. An Encroachment Agreement for any encroachments into the right-of-way such as
landscaping, retaining walls, structures, etc., except for the house, shall be filed for prior
to issuance of building permits.”
ADOPTED by the Chanhassen Planning Commission this 7th day of July, 2020.
CITY OF CHANHASSEN
BY:
Steven Weick, Chairman
g:\plan\2020 planning cases\20-11 7701 frontier trail var\findings of fact and decision 7701 frontier trail (approval)_as passed.doc