Loading...
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 1 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. 2 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 g:\plan\2020 planning cases\20-08 3920 white oak lane var\findings of fact and decision 3920 white oak lane_var_cc pc approval).docx 3