Findings of Fact
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of Scott and Laurie Gauer for Subdivision of their property in to two lots with a
variance for the use of a private street - Planning Case 07-07.
On March 20, 2007, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Scott and Laurie Gauer for preliminary plat approval of
property. The Planning Commission conducted a public hearing on the proposed subdivision
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 Single-Family Residential, RSF.
2. The property is guided in the Land Use Plan for Residential - Low Density.
3. The legal description of the property is: Lot 4, Block 1, Cedar Crest, Carver County,
Minnesota, and that part of Cedar Crest Court in Cedar Crest, according to the recorded plat
thereof, Carver County, Minnesota, lying east of the following described line: Commencing
at the southwest comer of Lot 4, Block 1, Cedar Crest; thence South 32 degrees 34 minutes
32 seconds West,. Assumed bearing, along the southerly extension of the west line of said
Lot 4, a distance of 5.86 feet; thence South 16 degrees 17 minutes 55 seconds East, a distance
of 78.76 feet to the northerly right of way line of State Highway No.5 and said described line
thereon terminating.
4. The Subdivision Ordinance directs the Planning Commission to consider seven possible
adverse affects of the proposed subdivision. The seven (7) affects and our findings regarding
them are:
a. The proposed subdivision is consistent with the zoning ordinance;
b. The proposed subdivision is consistent with all applicable city, county and regional plans
including but not limited to the city's comprehensive plan;
c. The physical characteristics of the site, including but not limited to topography, soils,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water
drainage are suitable for the proposed development;
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d. The proposed subdivision makes adequate provision for water supply, storm drainage,
sewage disposal, streets, erosion control and all other improvements required by this
chapter;
e. The proposed subdivision will not cause environmental damage;
f. The proposed subdivision will not conflict with easements of record; and
g. The proposed subdivision is not premature. A subdivision is premature if any of the
following exists:
1). Lack of adequate storm water drainage.
2). Lack of adequate roads.
3). Lack of adequate sanitary sewer systems.
4). Lack of adequate off-site public improvements or support systems.
5. Private Street variance findings:
a. The hardship is not a mere inconvenience.
b. The hardship is caused by the particular physical surroundings, shape or typographical
conditions of the land.
c. The conditions upon which the request is based are unique and not generally applicable to
other property.
d. The granting of the variance will not be substantially detrimental to the public welfare and
is in accord with the purpose and intent of this chapter, the zoning ordinance and
comprehensive plan.
6. The planning report #07-07 dated March 20, 2007, prepared by Robert Generous, et aI, is
incorporated herein.
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RECOMMENDA TION
The Planning Commission recommends that the City Council approve the Subdivision
with a variance for the use of a private street.
ADOPTED by the Chanhassen Planning Commission this 20th day of March, 2007.
CHANHASSEN PLANNING COMMISSION
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