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
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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.
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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.
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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
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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
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