Findings of Fact - Signed CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES,MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
IN RE:
Application of Greg Dattilo for variances from the lot cover limit and front yard, side yard, and
shoreland setbacks to facilitate constructing a single-family home on a property zoned Single-Family
Residential District (RSF)—Planning Case 2021-25.
On February 15, 2022, 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 Single-Family Residential District (RSF).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density.
Lot 21, Block 4, Red Cedar Point Lake Minnewashta
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 lot cover variance is a reduction to the property's nonconforming lot cover and
BMPs are being required to further mitigate the impact of the proposed lot cover. The
shoreland setback variance maintains the property's existing nonconforming shoreland
setback and removes nonconforming patios from the shoreland area. The front yard setback
variance replaces a nonconforming shed located six feet from the front property line and
entirely within the required front yard setback with a 1.3 foot encroachment of the principle
structure. The side yard setback variances are new or expanded encroachments into the
required side yards; however,the proposed setbacks maintain adequate separation between
the home and neighboring structures. The net result of all of these variances is a reduction of
the property's existing nonconformities. It is consistent with the intent of the Zoning Code to
allow for nonconforming structures to be replaced in a manner that brings the property closer
to compliance with the City Code.
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.
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Practical difficulties include,but are not limited to, inadequate access to direct sunlight for
solar energy systems.
Finding: The proposed footprint of the home is reasonable and comparable to what is present
on nearby similarly sized lots. The applicant does not have the ability to construct a
reasonably sized home on the parcel without setback and lot cover variances.
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 is due to the property's substandard 40-foot lot width
and substandard 5,899-square foot lot size. This substandard nature of the parcel is the result
of it having been plated in 1913, before the creation of the City and the adoption of a
municipal Zoning Code.
e. The variance, if granted will not alter the essential character of the locality.
Finding: The houses along the lakeside of South Cedar Drive are a mix of older homes and
newer rebuilds with the applicant's house being one of two remaining structures from the
early 1900s. The applicant's proposed replacement of the existing home would be in keeping
with size and scale of the new construction along South Cedar Drive. The proposed tuck
under configuration is consistent with what is currently present within the neighborhood as
the existing homes are roughly evenly split between side loading garages and tuck under
garages. The proposed home is very similar to the neighbor's in size, scale, and
configuration, and maintains approximately the same front yard, side yard, and shoreland
setbacks as the neighboring structure. There is no reason to believe that the proposed home
would be out of character with or negatively impact the surrounding 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 reports regarding case#2021-25, dated November 16, 2021 and February 15, 2022,
prepared by MacKenzie Young-Walters is incorporated herein.
DECISION
The Chanhassen Board of Appeals and Adjustments approves 34.2-foot shoreland setback, 3-foot
east and west side yard setback, 1.3-foot front yard setback, and 19 percent lot cover variances,
subject to the Conditions of Approval.
1. Demolition permits must be obtained prior to demolishing any structures on the site.
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2. Building plans must provide sufficient information to verify that proposed building meets all
requirements of the Minnesota State Building Code; additional comments or requirements
may be required after plan review.
3. A building permit must be obtained before beginning any construction.
4. Retaining walls (if present)more than four feet high must be designed by a professional
engineer and a building permit must be obtained prior to construction.
5. The applicant shall supply updated construction plans that utilize to the maximum extent
possible pervious paver systems in accordance with Sec. 20-921 of City Ordinances. Areas
such as the driveway, sidewalk, and patios must be considered in the design of these systems,
and the use of impervious surfaces in these areas must be approved by the City.
6. A 400 square foot permanent native vegetated buffer using species native to the ecotype with
permanent buffer monuments shall be installed. The buffer configuration shall substantially
align with what is shown in survey dated December 23, 2022. A French drain shall be
installed to convey drainage from the east roof to the western section of the buffer. The
buffer and rain garden must be designed and installed by an experienced shoreline restoration
specialist. Design plans must be approved by the Water Resources Administrator/Engineer.
7. An updated survey showing the location of the French drain, final configuration of the buffer
and rain garden, and the location of any proposed pervious pavers must be submitted to the
City as part of the building permit application.
8. The installation of any improvements on the site shall meet all applicable jurisdictional
requirements, including but not limited to the Minnesota Department of Natural Resources
and the Minnehaha Creek Watershed District, and all applicable permits shall be obtained
prior to any site improvements.
9. Total lot cover shall not exceed 2,600 square feet.
10. The principle structure's eaves may encroach up to 2.5 feet into the required front, side, and
shoreland setbacks.
11. The applicant shall plant two overstory shade trees, minimum size 2.5" diameter. One of the
trees is required in the front yard.
12. Tree protection fencing shall be installed around existing trees to be preserved prior to
demolition and maintained throughout construction.
ADOPTED by the Chanhassen Planning Commission this 15th day of February, 2022.
CITY OF CHANHASS
BY: 1/
Mark von Oven, Chairman
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