Findings of Fact - SignedCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
IN RE:
Application of Adam Bender on behalf of Stacy and Edward Goff for a 5.2-foot shoreland
setback variance to enclose and expand a deck and an 8-foot shoreland setback variance to
expand a patio on a property zoned Single-Family Residential District (RSF) - Planning Case
2020-18.
On September 15,2020, the Chanhassen Planning Commission, acting as the Board of Appeals
and Adjusunents, 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 FA CT
l. 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 ofthe property is:
Lot 10, Bandimere's Heights.
4. Variance F indinss -Section 20-58 ofthe City Code provides the following criteria for the
granting ofa 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: It is the intent ofthe City's nonconforming use ordinance to allow for the
maintenance and replacement of nonconforming structures, but not their expansion. The
nonconforming use ordinance specifically requires that additions to nonconforming
structures meet City setbacks. At its core, the nonconforming use ordinance exists to
prevent the expansion of existing nonconformities and encourage their eventual removal.
The portions of the requested variance that do not increase the extent ofthe existing
nonconforming shoreland setback, are in harmony with the intent of this ordinance;
however, the request to increase the existing encroachment into the shoreland setback are
not.
b. When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties" as used in connection with the granting ofa variance, means that the property
I
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 proposed remodel and creation ofa dedicated dining area in an
older home is a reasonable use, as is expanding the deck. The home's existing placement
partially within the 75-foot shoreland setback prevents .rny alteration that is considered an
intensification ofuse over the existing deck and screen porch.
The requested increased encroachment into the shoreland setback for the dining room,
deck, and patio do not meet this test as the screen porch's existing encroachment provides
for a reasonable dining room area and the existing patio and deck already provide for
reasonable use ofthe rear property area. Iflarge patio and deck surfaces are needed, there
are areas outside ofthe required shoreland setback where these features could be added.
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 plight ofthe landowner is due to the home being constructed prior to the
adoption of the City's current zoning standards.
The variance, if granted, will not alter the essential character of the locality.
Finding: Bandimere's Heights is an older subdivision where most properties broadly
conform to the City Code. The area has no known variances and a handful of
nonconforming uses, mostly within the shoreland setback. Given the location ofthe
applicant's home and the relatively minor variances that are being requested, $anting the
variances for this property would not be expected to impact the neighborhood.
That being said, another four of the nine homes within Bandimere's Heights were
constructed before 1970, and these homeowners may also be interested in updating their
homes or in demolishing and replacing these homes. Some of these homes and their
amenities also appear to abut or be within the shoreland setback. Establishing the
precedent that remodels, updates, and rebuilds within this neighborhood can encroach
closer to the lake than existing nonconforming setbacks has the potential to lead to other
more impactful variance requests.
f. Variances shall be granted for earth-sheltered constmction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter.
Finding: This does not apply to this request.
5. The planning report #2020-18, dated September 15,2020, prepared by MacKenzie Young-
Walters, is incorporated herein.
2
DECISION
"The Chanhassen Board ofAppeals and Adjustments approves the 3.2-foot shoreland
setback variance to permit enclosing and expanding the existing deck, subject to the Conditions
of Approval listed below, and denies the 5.2-foot shoreland setback variance for a cantilever and
8-foot shoreland setback variance for a patio, and adopts the attached Findings ofFacts and
Decision.
I A building permit must be obtained prior to construction and the building must comply
with the Minnesota State Building Code.
Eaves may encroach an additional one foot beyond the granted variance, as shown in the
plans dated Augusr 3, 2020.
ADOPTED by the Chanhassen Planning Commission this 15s day of September,2020.
CITY OF CHANHASSEN
BY:fuU-,A*//(
Steven Weick, Chairman
M ?^t"e*--
4.,.t
ratrA t-<-,
O4\ttn
g:VlrnUo2o pla$ning cases\20-18 9391 kiowa Eail var\findings offsci and decision 9391 kiowa tsail (approval_recommended).doc
J
2.