Findings of Fact PC - SignedCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES,MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Tim Johnson for a variance to construct a 3-season porch and deck at 6287
Chaska Road.
On August 17,2021,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 as Single-Family Residential District(RSF).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low
Density Use.
3. The legal description of the property: Lot 2, Block 1, Sweiger First 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: It is the intent of the City's Nonconforming Ordinance to reduce the
extent of existing nonconformities and bring properties closer to complying with
City Code. It is also the intent of the City's Nonconforming Ordinance to permit
the continuation,replacement, maintenance and improvement but not expansion
of nonconforming uses as well as requiring that additions to nonconforming
single-family dwellings meet setback requirements.
In this case,the applicant's proposal includes replacing an existing deck with a 3-
season porch with an 8.3-foot rear yard setback. While this replacement is
technically intensifying the nonconformity by enclosing a previously open
structure, the proposed porch will not extend any closer to the rear lot line than
the existing deck. The applicant's proposal also includes replacing an existing
impervious patio with a rear yard setback of six feet,with a brand new pervious
deck with a rear yard setback of 17 feet, resulting in an overall reduction to the
nonconformity. The applicant is also proposing to remove other nonconformities
including the detached rear patio and stone path that crosses the west property line
bringing the lot coverage to 25 percent and eliminating a nonconformity.
Given that it is the intent of the City Code to allow the owners of nonconforming
properties opportunities to make reasonable changes to their property, granting a
variance to permit thoughtfully designed improvements that reduce and 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 construct a 379-square foot 3-season porch
with an attached deck is reasonable given that both are typical amenities for a
single-family home. The existing deck and patio's nonconforming placement
within the property's rear yard prevent any alteration that is considered an
intensification of the existing nonconformity. Due to the home's location partially
within the required rear yard setback, the applicant cannot construct the proposed
improvements without a variance.
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,the existing deck,
stone pathway, and existing patios. All of these conditions were present on the
property prior to the owner purchasing the property.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: Sweiger First Addition is a small, older neighborhood with properties
that seem to conform to the Zoning Code although some homes and outdoor
structures may not meet setback and lot cover requirements likely due to changes
in City Ordinance. The applicant's proposed improvements will not encroach
further into the rear yard than the replaced nonconforming structures. The
proposed 3-season porch and new deck will have no visual impact as the property
is surrounded by a mix of vegetation and fencing. The applicant is proposing
additional landscaping to provide additional screening. Furthermore,the rear
neighbor's residence has a setback of 84 feet from the owner's rear lot line,
creating a separation larger than the 60-foot minimum that would be present
between two regular RSF homes observing the required 30-foot rear yard setback.
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#2021-17, prepared by Joshua Storms, et al. is incorporated herein.
DECISION
The Chanhassen Board of Appeals and Adjustments approves the variance permitting an 8.3-foot
rear yard setback variance to construct a 3-season porch and a 13-foot rear yard setback variance
to construct a deck, subject to the following conditions:
a. A building permit must be obtained prior to construction and the building must
comply with the Minnesota State Building Code.
b. Eaves may encroach an additional one foot beyond the granted variance, as shown
in the plans dated August 21, 2021.
ADOPTED by the Chanhassen Planning Commission this 17th day of August, 2021.
CITY OF C NHASSEN
BY:fEricNoyes, Pro tempore
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