Findings of Fact and Decision - Signed 1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(PARTIAL APPROVAL)
IN RE:
Application of Elise Bruner and Brian Bruner for a fence height variance and water-oriented accessory
structure (WOAS) size and setback variances on a property zoned Single-Family Residential District
(RSF) - Planning Case 2021-07B.
On March 1, 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 variances 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.
3. The legal description of the property is:
Lots 1, Block 1, Alicia Heights
4. 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 intent of the City Code’s prohibition on tall opaque front yard fences is to create an
attractive and consistent neighborhood aesthetic. The City Code allows for the use of open fences
of up to 6.5 feet in height, chain link fences of up to four feet in height, and opaque fences of up
to three feet in height to address security concerns. Granting the requested variances from the
City’s fence height standards would not be consistent with the general purposes and intent of the
City’s Zoning Code.
It is the intention of the City’s driveway access standards to ensure that residents have safe access
to their property. The request for a second driveway access and front yard parking pad are in line
with this purpose.
It is the intention of the City’s WOAS ordinance to provide residents the ability to construct
small storage sheds near the lake. The applicant’s requested variance for a small storage shed is
in line with this purpose.
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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 applicant has not demonstrated that they cannot achieve their goals of increasing
their property’s security within the bounds of the City’s Code of Ordinances without the need for
a variance.
The applicant’s request to utilize a front yard parking pad to provide safe access to the property
during inclement weather is reasonable.
The applicant’s desire to securely store valuable property in a small shed near the lake is
reasonable.
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 stated front yard security concerns can be addressed through mechanisms other
than the proposed gate. The proposed opaque design for the gate appears to be a design choice
rather than a requirement for the gate to serve its intended function.
The front yard’s steep decline results in a driveway with a nearly 20% grade which cannot be
safely navigated during icy or wet conditions. This atypical situation necessitates the requested
front yard parking pad.
The steep slope by the lake combined with the location of existing trees and the pre -existing
WOAS prevent the applicant from constructing a WOAS that would conform to the requirements
of the City Code.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: Pleasant View is an older neighborhood with many atypically shaped lots,
nonconformities, and variances; however, to staff’s knowledge no property in the neighborhood
has a 6.5-foot opaque gate within the front yard. Fences and gates have a large visual impact.
Granting the requested fence variance would negatively impact the neighborhood’s aesthetics,
especially if other residents requested and were granted similar variances.
The requested front yard parking pad is in the location of the property’s original driveway
access. Several other properties in the neighborhood have multiple driveway accesses and
numerous properties have nonconforming driveway widths. As the proposed use of the area
is consistent with its previous use, it’s not expected to negatively impact the neighborhood.
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The applicant’s proposed location for the shed will result in it being largely screened from
view by the presence of mature trees. Additionally, the existing WOAS is an at-grade deck
with a low visual profile which will minimize the impact of the requested WOAS size
variance.
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 #2021-07B, dated March 1, 2022, prepared by MacKenzie Young-Walters,
is incorporated herein.
DECISION
The Chanhassen Board of Appeals and Adjustments denies the requested opaque gate
variance, approves the requested variance for a front yard parking pad, and approves a 107.5-square
foot water-oriented accessory structure (WOAS) size variance, a 5-foot side yard setback variance,
and 2-foot shoreland setback variance for the construction of a water-oriented accessory structure,
subject to the Conditions of Approval, and adopts the attached Findings of Facts and Decision.
1. The applicant shall consult with City staff and apply for required permits, either building or
zoning, for all proposed structures (i.e. shed and deck).
2. No construction can occur until the required permits identified in Condition 1 are issued.
3. The applicant shall file for an Encroachment Agreement with the City for any encroachments
within public drainage and utility easements.
4. The shed and its appurtenances shall be constructed so that it is removable from the public utility
easement, for review and approval by the City prior to issuance of t he required permit.
5. The applicant must apply for and receive any and all applicable permits from the Riley Purgatory
Bluff Creek Watershed District.
ADOPTED by the Chanhassen Planning Commission this 1st day of March, 2022.
CITY OF CHANHASSEN
BY:
Mark von Oven, Chairman
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