Findings of Fact
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of Anderson-Johnson Associates, Inc. and Independent School District 112 for
Rezoning from Agricultural Estate District, A2, and Planned Unit Development, PUD, to Office
and Institutional District, 01; Site Plan approval with Variances for a High School campus
including an approximately 406,000 square-foot, three-story building, athletic fields, concession
building, stadium, storage/maintenance buildings and parking lots; Conditional Use Permit
with Variances for development within the Bluff Creek Overlay District; and Wetland
Alteration Permit for the grading and filling of wetlands on site.
On March 6, 2007, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Anderson-Johnson Associates, Inc. and Independent
School District 112 for a High School Campus including rezoning, site plan review with
variances, conditional use permit with variances and a wetland alteration permit. The Planning
Commission conducted a public hearing on the proposed rezoning preceded by published and
mailed notice. The Planning Commission heard testimony from all interested persons wishing to
speak and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned A2, Agricultural Estate District, and PUD, Planned Unit
Development.
2. The property is guided in the Land Use Plan for Office Institutional and Office/Industrial.
3. The legal description of the property is: see Exhibit A.
4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible
adverse affects of the proposed amendment. The six (6) affects and our findings
regarding them are:
a. The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the official City
Comprehensive Plan.
b. The proposed use is compatible with the present and future land uses of the area.
c. The proposed use conforms with all performance standards contained in the
Zoning Ordinance contingent on approval of the variances.
d. The proposed use will not tend to or actually depreciate the area in which it is
proposed.
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e. The proposed use can be accommodated with existing public services and will not
overburden the city's service capacity.
f. Traffic generation by the proposed use is within capabilities of streets serving the
property.
5. Conditional Use Permit:
a. The proposed project will not be detrimental to or enhance the public health,
safety, comfort, convenience or general welfare of the neighborhood or the city.
b. The proposed project will be consistent with the objectives of the city's
comprehensive plan and this chapter.
c. The proposed project will be designed, constructed, operated and maintained so to
be compatible in appearance with the existing or intended character of the general
vicinity and will not change the essential character of that area.
d. The proposed project will not be hazardous or disturbing to existing or planned
neighboring uses.
e. The proposed project will be served adequately by essential public facilities and
services, including streets, police and fire protection, drainage structures, refuse
disposal, water and sewer systems and schools; or will be served adequately by
such facilities and services provided by the persons or agencies responsible for the
establishment of the proposed use.
f. The proposed project ill not create excessive requirements for public facilities and
services and will not be detrimental to the economic welfare of the community.
g. The proposed project will not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any persons,
property or the general welfare because of excessive production of traffic, noise,
smoke, fumes, glare, odors, rodents, or trash.
h. The proposed project will have vehicular approaches to the property which do not
create traffic congestion or interfere with traffic or surrounding public
thoroughfares.
1. The proposed project will not result in the destruction, loss or damage of solar
access, natural, scenic or historic features of major significance.
J. The proposed project will be aesthetically compatible with the area.
k. The proposed project will not depreciate surrounding property values.
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1. The proposed project will meet standards prescribed for certain uses as provided
in this article.
6. Site Plan Review:
a. The proposed project is consistent with the elements and objectives of the city's
development guides, including the comprehensive plan, official road mapping,
and other plans that may be adopted;
b. The proposed project is consistent with the site plan review requirements;
c. The proposed project preserves the site in its natural state to the extent practicable
by minimizing tree and soil removal and designing grade changes to be in keeping
with the general appearance of the neighboring developed or developing or
developing areas;
d. The proposed project creates a harmonious relationship of building and open
space with natural site features and with existing and future buildings having a
visual relationship to the development;
e. The proposed project creates a functional and harmonious design for structures
and site features, with special attention to the following:
1). An internal sense of order for the buildings and use on the site and
provision of a desirable environment for occupants, visitors and general
community;
2). The amount and location of open space and landscaping;
3). Materials, textures, colors and details of construction as an expression of
the design concept and the compatibility of the same with adjacent and
neighboring structures and uses; and
4). Vehicular and pedestrian circulation, including walkways, interior drives
and parking in terms of location and number of access points to the public
streets, width of interior drives and access points, general interior
circulation, separation of pedestrian and vehicular traffic and arrangement
and amount of parking.
f. The proposed project protects adjacent and neighboring properties through
reasonable provision for surface water drainage, sound and sight buffers,
preservation of views, light and air and those aspects of design not adequately
covered by other regulations which may have substantial effects on neighboring
land uses.
7. Variance (Bluff Creek Primary Zone Encroachment):
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a. That the literal enforcement of this chapter would cause an undue hardship. Undue
hardship means that the property cannot be put to reasonable use because of its size,
physical surroundings, shape or topography. Reasonable use includes a use made by
a majority of comparable property within 500 feet of it. The intent of this provision
is not to allow a proliferation of variances, but to recognize that there are pre-
existing standards in this neighborhood. Variances that blend with these pre-
existing standards without departing downward from them meet this criteria.
Finding: The granting of the variance to encroach in to the Bluff Creek primary zone is
unavoidable due to the configuration of the Audubon Road (C.S.A.H. 17) and Lyman
Boulevard (C.S.A.H. 18) intersection and the access to the site.
b. The conditions upon which a petition for a variance is based are not applicable,
generally, to other property within the same zoning classification.
Finding: Entrance drives are generally not as proscribed as that for the High School site.
The encroachment in to the primary zone is unavoidable.
c. The purpose of the variation is not based upon a desire to increase the value or income
potential of the parcel of land.
Finding: The location of the entrance drive does not increase the value or income potential
of the high school site.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: The hardship is not self created since the variance is unavoidable due to the
configuration of the Audubon Road (C.S.A.H. 17) and Lyman Boulevard (C.S.A.H. 18)
intersection and the access to the site.
e. The granting of the variance will not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel is located.
Finding: The granting of the variance will not be detrimental to the public welfare or
injurious to other land or improvements in the neighborhood in which the parcel is located.
The project will create additional buffer zones and enhance the bluff creek corridor.
f. The proposed variation will not impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of the public streets or increase the danger
of fire or endanger the public safety or substantially diminish or impair property values
within the neighborhood.
Finding: The variation will not impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of the public streets or increase the danger
of fire or endanger the public safety or substantially diminish or impair property values
within the neighborhood.
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8. Variance (Three Story and uplighting):
a. That the literal enforcement of this chapter would cause an undue hardship. Undue
hardship means that the property cannot be put to reasonable use because of its size,
physical surroundings, shape or topography. Reasonable use includes a use made by a
majority of comparable property within 500 feet of it. The intent of this provision is not to
allow a proliferation of variances, but to recognize that there are pre-existing standards in
this neighborhood. Variances that blend with these pre-existing standards without departing
downward from them meet this criteria.
Finding: The need for a variance is due to the type and function of building as a school and
the direction that the city provided the school to try to reduce site grading. The construction
of a walkout type building is warranted. Normally, the lower, basement, level would not be
included as a story. However because the lower floor elevation is more than 12 feet, it is by
definition a story. Additionally, the intent of the up lighting is to highlight the building and
provide a means to further identify the site.
b. The conditions upon which a petition for a variance is based are not applicable, generally, to
other property within the same zoning classification.
Finding: The conditions upon which the variance is based are unique to the proposed
development of the site for a high school.
c. The purpose of the variation is not based upon a desire to increase the value or income
potential of the parcel of land.
Finding: The purpose of the variation is not based upon a desire to increase the value or
income potential of the parcel, but to the utilization of the site in an efficient manner and to
provide an enhanced identity to the building.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: The alleged difficulty or hardship is due to direction provided by the city.
e. The granting of the variance will not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel is located.
Finding: The granting of the variance will not be detrimental to the public welfare or
injurious to other land or improvements in the neighborhood in which the parcel is located.
The up lightning shall be limited in its duration and only during events or activities at the
school.
f. The proposed variation will not impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of the public streets or increase the danger
of fire or endanger the public safety or substantially diminish or impair property values
within the neighborhood.
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Finding: The proposed variation will not impair an adequate supply of light and air to
adjacent property or substantially increase the congestion of the public streets or increase the danger
of fire or endanger the public safety or substantially diminish or impair property values within the
neighborhood.
9. The planning report #07 -06 dated March 6, 2007, prepared by Robert Generous, et aI, is
incorporated herein.
RECOMMENDA TION
The Planning Commission recommends that the City Council approve the rezoning,
conditional use permit with variance, site plan with variances and a wetland alteration permit for
the Chanhassen High School Campus.
ADOPTED by the Chanhassen Planning Commission this 6th day of March, 2007.
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EXHIBIT A
PROPERTY DESCRIPTION
(Per Warranty Deed Document No. 148445)
That part of the North Half of the Northwest Quarter of Section 22, Township 116 North, Range
23 West of the 5th Principal Meridian described as:
Beginning at the north quarter comer of said Section 22, thence on an assumed bearing of North
89 degrees 05 minutes 35 seconds West, a distance of 969.75 feet along the north line of said
Northwest Quarter, thence South 56 degrees 57 minutes 24 seconds West a distance of 1138.88
feet to the center line of County Road No. 117, thence South 32 degrees 02 minutes East a
distance of 56.45 feet, thence Southeasterly 484.22 feet along a tangential curve to the right
having a radius of 3322.60 feet, thence South 23 degrees 41 minutes East a distance of 241.78
feet to the south line of said North Half of the Northwest Quarter, thence South 89 degrees 06
minutes 46 seconds East a distance of 1570.38 feet along said south line of the North Half of the
Northwest Quarter to the southeast comer thereof, thence North 0 degrees 30 minutes 30 seconds
East a distance of 1326.84 feet along the east line of said Northeast Quarter to the point of
beginning, according to the Government Survey thereof.
Outlot B, CHANHASSEN BUSINESS CENTER, according to the recorded plat thereof.
That part of the South Half of the Northwest Quarter of Section 22, Township 116, Range 23,
lying easterly of the centerline of County Road 117 (Excelsior and Shakopee Road) and that part
of the Southwest Quarter of the Northeast Quarter of said Section 22 lying westerly of a line
running from a point on the south line of said Southwest Quarter of the Northeast Quarter distant
660.00 feet east of the southwest comer thereof to a point on the north line of said Southwest
Quarter of the Northeast Quarter distant 330.00 feet east of the northwest comer thereof. Less
and except the following described tract:
That part of the Southeast Quarter of the Northwest Quarter of Section 22, Township 116, Range
23, Carver County, Minnesota, described as follows: Commencing at the southeast comer of the
Northeast Quarter of said Section 22, thence South 89 degrees 57 minutes 53 seconds West,
assumed bearing, 2649.54 feet along the south line of said Northeast Quarter to the southeast
comer of said Southeast Quarter of the Northwest Quarter of Section 22, said point also being the
point of beginning of the tract to be described, thence continuing South 89 degrees 57 minutes 53
seconds West 499.83 feet along said south line, thence northwesterly 247.29 feet along the center
of a public roadway on a non-tangential curve concave to the northeast with a radius of 954.93
feet through a central angle of 14 degrees 50 minutes 14 seconds, chord bearing North 72 degrees
54 minutes 36 seconds West 246.59 feet, thence North 00 degrees 24 minutes 57 seconds West
592.50; thence North 89 degrees 35 minutes 03 seconds East 377.00 feet; thence South 71
degrees 53 minutes 06 seconds East 377.58 feet to a point on the east line of said Southeast
Quarter of the Northwest Quarter, thence South 00 degrees 24 minutes 57 seconds East
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550.00feet along said east line to the point of beginning.
Subject to a public roadway easement on the south side thereof and a power line easement on the
east side thereof. Subject to other easements, reservations or restrictions, if any. Subject to a
public roadway easement along the south side thereof and other easements, reservations or
restrictions of record. Subject to an easement for utilities and ingress and egress, being 40 feet in
width, lying 20 feet on each side of the following described centerline:
Commencing at the southwest comer of the above-described tract; thence North 00 degrees 24
minutes 57 seconds West 321.50 feet along the west line thereof to the point of beginning of the
centerline to be described; thence North 76 degrees 30 minutes 00 seconds West 45.00 feet;
thence southwesterly 46.69 feet along a tangential curve concave to the southeast with radius of
50.00 feet through a central angle of 53 degrees 30 minutes 00 seconds; thence South 50 degrees
00 minutes 00 seconds West 224.89 feet tangent to said curve to a point on the center of a public
roadway and said centerline there tenninating. It is intended to extend or shorten the side lines of
said easement so as to tenninate at said centerline of the public roadway and at the west line of
land described as follows:
That part of the Southeast Quarter of the Northwest Quarter of Section 22, Township 116, Range
23, Carver County, Minnesota, described as follows: Commencing at the southeast comer of the
Northeast Quarter of said Section 22, thence South 89 degrees 57 minutes 53 seconds West,
assumed bearing, 2649.54 feet along the south line of said Northeast Quarter to the southeast
comer of said Southeast Quarter of the Northwest Quarter of Section 22, said point also being the
point of beginning of the tract to be described; thence continuing South 89 degrees 57 minutes 53
seconds West 499.83 feet along said south line; thence northwesterly 247.29 feet along the center
of a public roadway on a non-tangential curve concave to the northeast with a radius of 954.93
feet through a central angle of 14 degrees 50 minutes 14 seconds, chord bearing North 72 degrees
54 minutes 36 seconds West 246.59 feet; thence North 00 degrees 24 minutes 57 seconds West
592.50 feet; thence North 89 degrees 35 minutes 03 seconds East 377.00 feet; thence South 71
degrees 53 minutes 06 seconds East 377.58 feet to a point on the east line of said Southeast
Quarter of the Northwest Quarter; thence South 00 degrees 24 minutes 57 seconds East 550.00
feet along said east line to the point of beginning.
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