Findings of Fact - SignedCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES. MINNESOTA
FINDINGS OF FACT
AND DECISION
APPROVAL)
IN RE:
Application of Brain T. Bruner, Esq. on behalf of Elise R. Bruner, Esq. for a variance to
replace/rebuilt retaining walls, add a walk-out terrace. and reconfigure a lakeside deck/patio on a
property zoned Single-Family Residential District(RSF)- Planning Case 2021-07.
On January 19, 2021,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:
Lots 1. Block 1. Alicia Heights
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: It is the intent of the city's Zoning Code to protect the city's environmental
resources by preventing the construction of structures near the top, side, and toe of bluffs as
well as limiting the size and nature of structures near lakes; however, property owners have
the right to repair and replace nonconforming structures. It is also the intent of the
nonconforming use ordinance to encourage property owners with nonconforming structures
to reduce the extent of existing nonconformities and bring their properties closer to
complying with City Code by allowing them to replace an existing nonconforming structure
with a less intensive nonconformity.
In this case, the applicant's proposal reduces the size and impact of a nonconforming. water-
oriented accessory structure (WOAS), replaces a failing boulder retaining wall with a more
environmentally sensitive living wall, and replaces another boulder retaining wall with a
smaller concrete wall located further from the top of the bluff. While the footprints of the two
walls in places exceed the footprints of the walls they are replacing.they are less impactful
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than the walls that they are replacing and represent an environmentally responsible solution
for a complicated parcel with numerous nonconformities.
The proposed deck is replacing a deck, patio, and bump out that was removed from the bluff
impact zone in 2018. While the nonconforming use ordinance does stipulate that
nonconformities discontinued for more than a year cannot be replaced,the proposed deck has
been designed to have minimal impact on the bluff and is much less impactful than what was
previously present on the property.
Given that it is the intent of the City Code to allow the owners of nonconforming properties
opportunities to make reasonable improvements their property, granting a variance to permit
thoughtfully designed and environmentally sensitive improvements that remove numerous
nonconforming elements is in line with the intent of the City Code and consistent with the
Comprehensive Plan.
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 add a deck to the property is reasonable given the
improvements(deck,patio, and bump out)that were previously present on the property and
the presence of broadly similar rear-facing decks and patios present on neighboring
properties. Additionally,the presence of steep slopes throughout the rear yard means there is
not place where a rear-facing deck could be placed without receiving a variance from the
city's bluff ordinance.
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 of the landowner is due to pre-existing conditions on the property,
including the nonconforming location of the house,retaining walls, and water-oriented
structure. All of these conditions were present on the property,prior to the applicant
purchasing the property and commencing their remodeling and landscaping projects.
e. The variance, if granted,will not alter the essential character of the locality.
Finding: Pleasant View/Alicia Heights is an older neighborhood with many atypically
shaped lots, nonconformities, and variances. The applicant's proposal will result a smaller
nonconforming WOAS, a stabilized slope, and the creation of an at-grade deck
approximately 92 feet from the lake's Ordinary High Water Level (OHWL). The proposed
deck will have less of a visual impact than the deck and patio that were present on the
property before the 2018 remodel, and both the proposed retaining wall and WOAS are
smaller and less visually obtrusive than what is currently present on the property. The
applicant has also worked to create a proposal that is minimally impactful to the property's
environmental features. The use of a living wall system instead of a traditional retaining wall
will help stabilize the bluff and should prevent further erosion.None of the applicant's
proposed improvements will negatively impact the neighboring properties or recreational
users of Lotus Lake.
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#2021-07,dated January 19, 2021, prepared by MacKenzie Young-Walters,
is incorporated herein.
DECISION
The Chanhassen Board of Appeals and Adjustments approves a 19-foot bluff impact zone
and 29-foot bluff setback variance for the construction of a deck, a bluff impact zone and bluff
setback variance for the construction of retaining walls within the bluff, and a 25-foot bluff, 5-foot
side yard, and 3-foot shoreland setback variance for a water-oriented structure, subject to the
following conditions of approval:
1. A building permit must be obtained before beginning any construction.
2. Building plans must provide sufficient information to verify that proposed building meets all
requirements of the Minnesota State Building Code; additional comments or requirements
may be required after plan review
3. Retaining walls more than four feet high must be designed by a professional engineer and a
building permit must be obtained prior to construction.
4. The applicant shall install tree protection fencing at the furthest point from the trunk as
possible around all trees within the grading limits.
5. The applicant shall file for an Encroachment Agreement with the city for any encroachments
within public drainage and utility easements.
6. The water-oriented structure shall be constructed of modular, removable decking for review
and approval by the city prior to issuance of a building permit.
7. The improvements must substantially conform to the plans dated December 18, 2020."
ADOPTED by the Chanhassen Planning Commission this 19t day of January,2021.
CITY OF CHANHASSEN
BY:
Steven Weick, Ch rman
g\plan12021 planning cases\21-07 6609 horseshoe curve\findings of tact and decision 6609 horseshoe curve(approval)doc
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