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
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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
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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