Signed Findings of Fact 23-08CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Caf6 Zupas and West Village Station, LLC for Subdivision, Site Plan Review with
Conditional Use Permit and Variances.
On June 6,2023,the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Caf6 Zupas and West Village Station, LLC for subdivision
approval for two lots, site plan review for a 3,500 square restaurant with a conditional use permit for
a drive-through and a variance for an additional display message for Caf6 Zupas for the property
located at 800 West 78th Street. The Planning Commission conducted a public hearing on the
proposed site plan was 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
l. The property is currently zoned Central Business District, CBD
2. The property is guided by the Land Use Plan for Commercial use.
3. The legal description of the property is: Lot 4, Block 1, West Village Heights Second Addition
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 including the Central
Business District regulations;
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;
d. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage
disposal, streets, erosion control and all other improvements required by the subdivision
ordinance, Chapter 18, and Water, Sewers and Sewage Disposal, Chapter l9;
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e. The proposed subdivision will not cause significant 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)
2)
3)
4)
Lack of adequate stormwater drainage, which are available and being installed with
the development.
Lack of adequate roads. Access is to an existing, collector public street
Lack of adequate sanitary sewer systems, which is available to the development.
Lack of adequate off-site public improvements or support systems.
5 Site Plan:
a) 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) Is consistent with the requirements of Chapter 20, Article II, Division 6, Site Plan;
c) Preserves the site in keeping with the general appearance of the neighboring developed or
developing areas;
d) 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) Creates a functional and harmonious design for structures and site features, with special
attention to the following:
I ) 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) 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.
6. Conditional Use Permit.
The planning commission shall recommend a conditional use permit and the council shall issue
such conditional use permits only if it finds that such use at the proposed location:
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a) The drivethrough will not be detrimental to or endanger the public health, safety, comfort,
convenience or general welfare of the neighborhood or the city and will comply with all
requirements for drive-throughs.
b) The drive{hrough will be consistent with the objectives of the city's comprehensive plan and
the zoning ordinance.
c) The drive-through 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 ofthat area.
e) The drive-through 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 ofthe proposed use.
f) The drive-through will not create excessive requirements for public facilities and services and
will not be detrimental to the economic welfare of the community.
g) The drive{hrough will not involve uses, activities, processes, materials, equipment and
conditions ofoperation that will be detrimental to any persons, property or the general welfare
due to excessive production of traffic, noise, smoke, fumes, glare, odors, rodents or trash.
h) The drive-through will have vehicular approaches to the property which do not create traffic
congestion or interfere with traffic or surrounding public thoroughfares, based on the stacking
analysis and traffic study.
i) The drive-through will not result in the destruction, loss or damage of solar access, natural,
scenic or historic features ofmajor significance.
j) The drivethrough will be aesthetically compatible with the area.
k) The drive-through will not depreciate surrounding property values.
l) The drive+hrough will meet standards prescribed for certain uses as provided in section 20-
292 of the Chanhassen City Code.
7. Variance
Strict compliance with the requirements of this article would cause a hardship. The
development is trying to introduce a artistic expression to the building for the community
which is precluded by City Ordinance.
b. The variance does not adversely affect the spirit or intent ofthis sign ordinance.
The planning rep ort #2023-08 dated June 6,2023, prepared by Robert Generous, et al, is incorporated
herein.
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a
d) The drive-through will not be hazardous or disturbing to existing or planned neighboring uses.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the subdivision, site
plan review with variance, and the conditional use permit for the drive-through subject to the
conditions of the planning report.
ADOPTED by the Chanhassen Planning Commission this Lday of 5u^t )
2023
CHANHASSEN PLANNING COMMISSION
BY:
Its
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