Findings of Fact and Decision - Signed by Mayor RyanCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
APPROVAL)
IN RE:
Application of Chad Lundeen to construct an 8-foot by 10-foot water-oriented accessory
structure(WOAS) on an outlot zoned Single-Family Residential District (RSF) - Planning Case
2020-08.
On June 16, 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 Planning Commission heard testimony from all interested persons wishing to
speak and tied 3-3 on a motion to approve the requested variance.
On July 13, 2020, the Chanhassen City Council met at its regularly scheduled meeting to
consider the Planning Commission's tied motion to recommend approval of the requested
variances.
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:
Outlot A,White Oak Addition
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: Chapter 20 intends for riparian property owners to be able to construct small,
up to 250 square foot, WOASs within the 75-foot shoreland setback. The ordinance
requires that each parcel be limited to one WOAS and that the structure be located so as
to reduce its visibility from the lake. The applicant's request to construct an 8-foot by 10-
foot storage shed on the outlot providing lake access for this home is consistent with the
intent of the ordinance. The applicant's request to allow the shed to be separate from the
existing patio is also consistent with the intent of the ordinance, as it will allow the shed
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to be placed in a less conspicuous location where it is screened by vegetation. Finally, the
city's intent in platting this parcel as an outlot was not to prevent it from allowing the
activities typically associated with lake access, i.e. dock, swimming, etc.,but rather to
prevent the future construction of a home at this location. The requested variances are in
line with the intended use of the parcel.
The Shoreland Management Ordinance limits the size of WOASs to reduce the amount of
impervious surface installed near lakes and prevents the construction of large visually
obtrusive WOASs. In this case, due the small size of the proposed shed and the visual
profile of the patio, permitting a 90 foot increase in the cumulative WOAS size would not
have a meaningful impact on water quality and would not create a visually obtrusive
WOAS.
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 city's definition of an outlot does not permit the construction of a building
on an outlot; however, the city's Shoreland Management Ordinance allows riparian
property owners to construct a WOAS. The applicant's proposal to construct a small
storage shed is reasonable and would be permitted if not for the fact that the parcel is an
outlot.
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 parcel was platted as an outlot to allow for lake access without the
possibility of a single-family home being constructed. The applicant's inability to
construct a storage shed on the property is the unintended consequence of this made
during the subdivision process and the requests for a second structure and size variance
are the result of a pre-existing patio that pre-dates the city's zoning permit requirements.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The proposed location of the WOAS is separated from single-family homes by
Minnewashta Parkway and the other riparian parcels along that section of the lake are all
lots or outlots that provide associated single-family homes or homeowners associations with
lake access. Since the parcel already has a dock and patio, the addition of a small shed
screened by the outlot's vegetation is not anticipated to impact the intensity of use on the
lake or the visual presentation of the outlot as viewed from the lake.
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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#2020-08, dated June 16, 2020, prepared by MacKenzie Young-Walters,
is incorporated herein.
DECISION
The Chanhassen City Council approves a variance to permit a building to be constructed
on an outlot, approves a variance for a second water-oriented accessory structure, and approves
the variance request to exceed the 250 square foot water-oriented accessory structure size limit
by 90 square feet, subject to the following conditions:
1. No trees, shrubs or native vegetation shall be allowed to be cleared for the grading or
construction of the building.
2. The applicant must apply for and receive a zoning permit.
3. The installation of the shed shall not encroach into any recorded drainage and utility
easement associated with the outlot.
4. The combined area of both water-oriented accessory structures may not exceed 340
square feet.
ADOPTED by the Chanhassen City Council this 13th day of July, 2020.
CITY OF CHANHASSEN
BY:644•?
Elise Ryan, ayor
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approval).docx
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