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BZA Findings of FactGBC DESIGN, INC. 565 White Pond Drive • Akron, OH 44320-1123 • Phone 330-836-0228 • Fax 330-836-5782 • www. GBCdesign.com November 2, 2021 City of Chanhassen Community Development Department 7700 Market Boulevard Chanhassen, MN 55317 Attention: Robert Generous, AICP Subject: Chick-fil-A #3840 Chanhassen 445 W. 79th Street, Chanhassen, MN 55317 BZA Findings of Fact GBC Project No. 54089A Dear Robert, To the best of my knowledge, below is a list of variances to the City Code that need to be obtained for the project. We have provided findings of fact for each requested variance for your consideration. Variance: Canopy Setback Required: Minimum 25’ building setback for a free-standing canopy. Proposed: The free-standing canopy will provide a 13.4’ building setback. Findings of Fact 1. 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. a. The variance is for a developed commercial property surrounded by commercial uses and right-of-way. A canopy exists at the Holiday Stationstores to the east of the Chick-fil-A property. 2. 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. a. Chick-fil-A currently does and will continue to utilize the property in a reasonable manner. The practical difficulty for the location of the canopy is the size and shape of the property, along with the location of the existing building. The location of the canopy is determined based on the distance from the food pick up window so it cannot be moved further to the west. 3. That the purpose of the variation is not based upon economic considerations alone. a. The placement of the canopy is based on the distance from the food pick up window. This location is determined by Chick-fil-A to provide adequate time from the order being placed to the food being ready as the customer maneuvers through the drive-thru. 4. The plight of the landowner is due to circumstances unique to the property not created by the landowner. a. The circumstance for the variance request is due to the shape of the property in the area of the existing building and the location of the existing building on the property. The building is sited in the narrow portion of the property with the pick up window on the north side of Chick-fil-A #3840 Chanhassen Page 2 of 3 November 2, 2021 GBC DESIGN, INC. 565 White Pond Drive Akron, OH 44320-1123 Phone 330-836-0228 Fax 330-836-5782 the building. Drive-thru traffic needs to circulate counter-clockwise through the drive- thru, therefore the canopy needs to be on the south side of the building within the setback. 5. The variance, if granted, will not alter the essential character of the locality. a. The canopy will not alter the character of the locality because the canopy is dark bronze in color and will blend into the existing backdrop of the Chick-fil-A site. Also, the canopy structure itself is rather minimal and is not designed to draw attention to itself. 6. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. a. The proposed canopy does not meet the definition of being “earth sheltered”. Variance: Impervious Coverage Required: The minimum open space required is 35%. Proposed: A variance was previously granted to reduce the minimum open space to 22.51%. We are proposing an open space of 19.7%. Findings of Fact 1. 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. a. The variance is for a developed commercial property surrounded by developed commercial properties, commercial uses and right-of-way. 2. 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. a. Chick-fil-A currently does and will continue to utilize the property in a reasonable manner. The practical difficulty for the amount of open space is due to the necessity to install a full second drive-thru lane to increase the efficiency of the drive-thru service. 3. That the purpose of the variation is not based upon economic considerations alone. a. The placement of the canopy is based on the distance from the food pick up window. This location is determined by Chick-fil-A to provide adequate time from the order being placed to the food being ready as the customer maneuvers through the drive-thru. Parking spaces cannot be removed to create open space because than the parking will require a variance. The proposed Site Plan provides 61 parking spaces and there are 61 parking spaces required by the City. 4. The plight of the landowner is due to circumstances unique to the property not created by the landowner. a. Chick-fil-A has a necessity to install a full second drive-thru lane to increase the efficiency of the drive-thru service. Normally, parking spaces would be removed on the site to create more open space in an effort to increase the open space. This site will not allow that opportunity to increase the open space since removing parking will make the site out of compliance with City parking requirements. 5. The variance, if granted, will not alter the essential character of the locality. a. The additional impervious area is an additional 2.3% more than the previously granted variance permitted. Also, the Chick-fil-A is in a fully developed commercial area with a majority of hard surface. 6. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Chick-fil-A #3840 Chanhassen Page 3 of 3 November 2, 2021 GBC DESIGN, INC. 565 White Pond Drive Akron, OH 44320-1123 Phone 330-836-0228 Fax 330-836-5782 a. The proposed canopy does not meet the definition of being “earth sheltered”. If you need any additional information, please contact me. Sincerely, Allan S. Wiley, P.E. c: file