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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.