Findings of Fact and Decision - SignedCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
IN RE:
Application of Elise Bruner on behalfofBrian Bruner for variances to replace/rebuild retaining
walls and construct an at-grade deck on a property zoned Single-Family Residential District (RSF) -
Planning Case 2021-07 A.
On July 6, 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
l. The property is currently zoned Single-Family Residential District @SF).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential tow Density.
3. The legal description of the property is:
Lots 1, Block l, Alicia Heights
4. Variance Findinss - Section 20-58 of the City Code provides the following criteria for the
granting ofa variance:
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 Zoning Code to protect the city's environmental
resources by preventing the construction of structures near the top, side, and toe ofbluffs as
well as limiting the size and nature of structues 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 ofexisting 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.
a
In this case, the applicant's proposal reduces the size and impact ofa pre-existing boulder
retaining wall and previously approved concrete retaining wall and pad, with a more
environmentally sensitive living wall. While the footprint of the wall in places exceed the
footprint of the wall it is replacing, it is less impactful than either the boulder wall or concrete
wall that it is replacing and it represents an environmentally responsible solution for a
complicated parcel with numerous nonconformities.
I
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 bluffand 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 to their propeny. ganting 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 ofbroadly similar rear-facing decks and patios present on neighboring
properties. Additionally, the presence ofsteep slopes throughout the rear yard means there is
no place where a rear-facing deck could be placed without receiving a vmiance fiom the
city's bluff ordinance.
It is also reasonable for the applicant to request a variance to replace failing nonconforming
retaining walls with new, more environmentally sensitive, retaining walls in order to
maintain the integrity of the slope.
That the purpose of the variation is not based upon economic considerations alone.c
Finding: The variance request is not solely based upon economic considerations.
d. The plight ofthe landowner is due to circumstances unique to the property not created by the
landowner.
The variance, if granted, will not alter the essential character ofthe locality.
Finding: Pleasant ViedAlicia Heights is an older neighborhood with many atypically
shaped lots, nonconformities, and variances. The applicant's proposal will result in a more
environmentally sensitive retaining wall along the westem top of the bluff and the creation of
an at-gade deck approximately 90 feet from the lake's Ordinary High Water Level (OHWL).
)
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
accessory structure. All ofthese conditions were present on the property, prior to the
applicant purchasing the property and commencing their remodeling and landscaping
projects.
The proposed deck will have less ofa visual impact than the deck and patio that were present
on the property before the 2018 remodel, and proposed western living wall system will not be
visually obtrusive. None ofthe 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 A, dated July 6 , 2021 , prepared by MacKenzie Young-Walters, is
incorporated herein.
DECISION
"The Chanhassen Board ofAppeals and Adjustments approves a 20-foot bluffimpact zone
and 30-foot bluff setback variance for the construction ofa deck and a bluff impact zone and bluff
setback variance for the construction of retaining walls within the bluff, subject to the following
conditions of approval :
1. A building permit must be obtained before beginning any construction.
2. Building plans must provide suffrcient information to verifu 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 at-$ade deck may not cross the top of the bluffas show on the plans dated June 4,2021.
7. The improvements must substantially conform to the plans dated Jwrc 4,2021 , save that the
depicted equipment pad and associated retaining wall may not encroach into the bluff setback
and impact zone beyond the encroachment ofthe existing equipment pad and retaining wall.
8. All conditions and provisions of variance 2021-07 referring to the property's water-oriented
accessory structure shall be met."
ADOPTED by the Chanhassen Planning Commission this 6t day of July, 2021.
CITY OF CHANHASSEN
BY:/
Steven ck, Chairman
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