Findings of Fact and Decision - SignedCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Robert Billiet for Mid MN Septic Services for a variance to utilize a Type IV septic
system.
On October 5, 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 Rural Residential (RR).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density Use.
3. The legal description of the property: See Exhibit A
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: Both the City Code and Comprehensive Plan allow for the use of septic systems to
treat waste in situations where it is not feasible for a property utilize the City's sanitary sewer
system. While it is generally preferable to locate septic systems within undisturbed soils, in
some cases this not feasible and alternative designs must be used. In this case, a Type IV
system is the only viable solution for the site and it is in harmony with purposes and intent of
the City Code to provide a mechanism to safety treat waste.
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 use a septic system to treat waste on a property that
does not have access to the City's sanitary sewer system is a reasonable request. They are
unable to use a system that complies with the City Code due to the presence of disturbed
soils on the site which render other septic system designs non-viable.
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, in fact
Type IV systems are more expensive than many other septic system designs.
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 presence of disturbed soils, steep slopes, and a substandard lot size. All of these
factors limit the potential locations and designs for home's septic system.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The property currently has a septic system and the proposed location for the new
septic system is screened from the road and neighboring properties by a combination of
vegetation and topographic change. There is no reason to believe that granting a variance to
use a Type IV system will impact the neighborhood.
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#2021-23, dated October 5, 2021, prepared by MacKenzie Young-
Walters, et al., is incorporated herein.
DECISION
The Chanhassen Board of Appeals and Adjustments approves the variance request to utilize a
Type IV septic system, subject to the following conditions:
1. An approved septic permit and plan must be obtained before construction can begin on the
replacement septic system.
ADOPTED by the Chanhassen Planning Commission this 5th day of October, 2021.
CITY OF CHANHASSEN
BY:
M k von Oven, Vice Chairman
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