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Findings of Fact and Decision - Partial Approval CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES,MINNESOTA FINDINGS OF FACT AND DECISION (PARTIAL APPROVAL) IN RE: Application of Jeff and Deb Papke for variances from the minimum wetland buffer width, wetland principle structure buffer setback, and wetland accessory structure buffer setback to facilitate constructing a single-family home on a property zoned Rural Residential District(RR)—Planning Case 2021-20. On October 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 Rural Residential District (RR). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density. The legal description of the property is: All that part of Government Lot Five(5), Section(8),Township One Hundred Sixteen(116), Range Twenty-Three(23), lying Northerly of the Northerly right-of-way line of Minnesota State Highway Number Five (5),except that portion thereof platted as"Cedar Crest",according to the recorded plat thereof in the Office of the County Recorder, Carver County, Minnesota. Together with an appurtenant 30.00-foot wide perpetual non-exclusive roadway easement for vehicular and pedestrial traffic over that portion of Outlot A,Crimson Bay, Carver County, Minnesota, legally described as follows: Beginning at the southwesterly corner of said Outlot A;thence northerly along the westerly line a distance of 350.00 feet and there terminating. The easterly line of said easement shall be prolonged or shortened to terminate on the southerly line of said Outlot A. 3. 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: The property in question is zoned Rural Residential (RR) and guided in the 2040 Land Use Plan for residential low density development. Single-family dwellings are a permitted use in the RR district. It is in harmony with the intent of the zoning code and 1 consistent with the Comprehensive Plan to allow the owners of a parcel zoned and guided for single-family dwellings to construct a single-family home. The requested variance from the property's wetland accessory structure buffer setback for the expansion of the driveway is necessary to allow for access to the site's buildable area and the construction of a single- family home. The variances requested from the City's minimum buffer width and wetland principle structure buffer setback are not consistent or in harmony with the City's goal of providing the maximum possible protection to the City's sensitive environmental features. 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 construction of a single-family home on the parcel is a reasonable use and is not possible solely due to the fact that the required wetland accessory structure buffer setback prohibits altering or expanding the existing driveway. For this reason a variance from the wetland accessory structure buffer setback should be approved to allow the applicant reasonable use of the parcel. The requested variances from the City's minimum buffer width and wetland principle structure setback are the result of the applicant proposing a home that does not fit within the property's buildable area. Based at the footprints of homes situated on comparably sized and zoned properties to the east, the minimum buildable area required for new lots during subdivision,the City's minimum standards for single-family homes, and the average size of new home reported by the 2020 census, the City has determined that a home providing reasonable use of the property could be constructed within the building pad allowed by the City Code. Since reasonable use of the property can be obtained without these variances, they should not be granted. 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 with regards to their inability to extend the driveway without a wetland accessory structure buffer setback variance is the result of the unique circumstances created by the parcel being a peninsula surrounded by wetland classified as preserve. The variances requested from the City's minimum buffer width standard and principle structure setbacks have their genesis in the size, location, and configuration of the applicant's proposed home. The parcel has a viable building area which could accommodate a home of a different size, location, and/or configuration without the need for these variances. 2 e. The variance, if granted, will not alter the essential character of the locality. Finding: The property is not near any other buildable lots and there are no neighbors in the traditional sense who would be impacted by the construction of a single-family home on the parcel; however, by virtue of being located on a peninsula jutting into a recreational development lake, the proposed structure would be readily visible by individuals enjoying the lake. The construction of a single-family home on a previously undeveloped parcel will necessarily be a change; however, allowing the construction of a single-family home on an appropriately zoned parcel would be consistent with the intended character of the locality. In order to minimize the impact to the sensitive environmental features on the parcel, the degradation of which could impact the essential character of the locality, only the wetland accessory structure buffer setback needed to accommodate the driveway expansion is approved. All other elements of the home will be required to adhere to the requirements of the City Code. 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#2021-20, dated October 19, 2021, prepared by MacKenzie Young-Walters et al. is incorporated herein. DECISION The Chanhassen Board of Appeals and Adjustments approves the wetland accessory structure buffer setback variance for the extension of a driveway, subject to the Conditions of Approval, and denies the requested wetland minimum buffer width and wetland principal structure setback variances. 1. A building permit must be obtained prior to construction. 2. Building plans must provide sufficient information to verify that proposed building/structure meets all requirements of the Minnesota State Building Code; additional comments or requirements may be required after plan review. 3. A recently conducted geotechnical evaluation of the building area shall be provided with the building permit application. 4. The applicant shall provide plans that meet Sec. 20-1122 of the City of Chanhassen Municipal Code for review and approval prior to any site improvements. 5. Any work that affects MnDOT right-of-way must obtain the appropriate permit from MnDOT prior to any site improvements. 6. The installation of a private well on the site shall meet all applicable jurisdictional requirements, including but not limited to the Minnesota Department of Health, and all applicable permits shall be obtained prior to any site improvements. 7. A survey showing proposed tree removal and preservation and an inventory of all trees on site 6-inches dbh and larger shall be submitted to the City. 8. A minimum of one tree (2.5"caliper) is required to be planted. 9. Must apply for and receive all relevant permits and approvals from the Minnehaha Creek Watershed District prior to any site improvements. 3 10. The property owner shall have sole responsibility for assessing the existing noise situation and taking the action deemed necessary to minimize the impact from any highway noise. 11. A survey showing the extent of the floodplain must be provided. If portions of the septic system are within the floodplain, the applicant's septic design must meet the requirements for septic systems within a floodplain, and if fill is to be added within the floodplain the applicant must apply for and receive the required permits from the Minnehaha Creek Watershed District and a Conditional Use Permit from the City of Chanhassen. ADOPTED by the Chanhassen Planning Commission this 19th day of October, 2021. CITY OF CHANHASSEN -) BY: 7>Y4; Mn Oven, Vice Chairman g:lplan12021 planning cases121-20 papke parcel-lake minnewashta peninsula resubmittal\findings of fact and decision papke parcel(partial approval)_vice chair.docx 4