Loading...
Findings of Fact CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Lotus Woods - Planning Case 07-09 On May 15,2007, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of a Preliminary Plat with variances to Subdivide 7.6 acres into 11 single-family lots and one outlot, Lotus Woods. The Planning Commission conducted a public hearing on the proposed development which 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 1. The property is currently zoned RSF, Single-Family Residential. 2. The property is guided in the Land Use Plan for Residential- Low Density (1.2 - 4.0 units per net acre). 3. The legal description of the property is attached as exhibit A. 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse effects of the proposed subdivision. The seven (7) effects 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; 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; 1 e) The proposed subdivision will not cause environmental damage; t) 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. Variances. The City Council may grant a variance from the regulations contained in the subdivision ordinance as part of the plat approval process following a finding that all of the following conditions exist: 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 Planning Case 07-09, dated May 15,2007, prepared by Sharmeen AI-Jaff, et aI, is incorporated herein. 2 RECOMMENDA TION The Planning Commission recommends that the City Council approve the Preliminary Plat with variances. ADOPTED by the Chanhassen Planning Commission this 15th day of May, 2007. CHANHASSEN PLANNING COMMISSION 3 Exhibit A PROPERTY DESCRIPTION: That part of Government Lot 8, Section 1, Township 116, Range 23, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 221.029 feet Southeasterl y from the point of intersection of the center line of said Lakeview Drive with the Center line of Fern Road; thence North 79 degrees 37 minutes East 611 feet; thence North 75 degrees 07 minutes East 248.5 feet, more or less, to the high water mark of Long Lake (also known as Lotus Lake); thence Southerly along the high water mark of said lake to the South line of said Section 1; thence North 89 degrees 31 minutes 29 seconds West along the South line of said Section 1, a distance of 950 feet more or less to a point in the center line of said Lakeview Drive distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East from the point formed by the intersection of the center line of said Lakeview Drive and Fern Road; thence along the center line of said Lakeview Drive on a bearing North 22 degrees 21 minutes 40 seconds West, a distance of 22.489 feet to the point of beginning. Above mentioned Lakeview Drive and Fern Road being shown on the plat of CARVER BEACH on file and of record in the Office of the Registrar of Titles in and for Carver County, Minnesota. AND That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Sections 1 and 23 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No.6, Section 12, Township 116, Range 23, same being registered land as evidence by Certificate of Title No. 1726, Carver County, State of Minnesota. That lies Westerly of Line A described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence 4 South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said Line A to be described; thence South 03 degrees 01 minutes 32 seconds to a point 100.00 feet at right angles from the South line of said Section 1, and said Line A there terminating. AND Outlot A, BIG WOODS ON LOTUS LAKE, Carver County, Minnesota, according to the record plat thereof. AND AMICK PROPERTY: That part of Government Lot 8 in Section 1, Township 116, Range 23, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 121.029 feet Southeasterly from the point of intersection of the center line of said Lakeview Drive with the center line of Fern Road; thence Southeasterly along the center line of said Lakeview Drive 25 feet; thence North 75 degrees 07 minutes East to the high water mark of Long Lake (also known as Lotus Lake); thence Northerly along the high water mark of said lake 25 feet, more or less, to its intersection with a line bearing North 75 degrees 07 minutes East from the point of beginning; thence South 75 degrees 07 minutes West 866.5 feet, more or less, to point of beginning. Above mentioned Lakeview Drive and Fern Road being shown on the plat of CARVER BEACH on file and of record in the office of the Registrar of Titles in and for Carver County, Minnesota. Subject to an easement granted to the Northern Sates Power Company July 22nd, 1941. Beginning at a point in the center line of Lakeview Drive, distant 20.172 feet on a bearing of South 22 degrees 21 minutes 40 seconds East from the point formed by the intersection of said Lakeview Drive and Fern Road as shown on the map entitled: "Map of Carver Beach", according to the plat thereof, on file and of record in the office of the Registrar of Titles for said County of Carver and State of Minnesota; and running from thence along the Southerly line of Fern Road on a bearing of North 75 degrees 07 minutes 00 seconds East, a distance of 880 plus or minus foot to the high water mark of Long Lake; thence in a Southerly direction along the high water mark of said Long Lake 100 plus or minus feet to a point 100 feet at right angles to the first course, when said course is projected; thence on a course of South 75 degrees 07 minutes 00 seconds West, a distance of 873 feet plus or minus, to a point in the center line of Lakeview Drive, distant 121.029 feet in a Northwesterly direction from the intersection of Lakeview Drive and Fern Road; thence along the center line of Lakeview Drive on a course of North 22 degrees 21 minutes 40 seconds West, a distance of 100.857 feet to the point of beginning. Containing 2.03 acres plus or minus. AND CER VILLA PROPERTY: Beginning at a point in the center line of Lakeview Drive, distant 121.029 feet in a Southeasterly direction from the intersection of Lakeview Drive and Fern Road, and running from thence on a 5 bearing of North 75 degrees 07 minutes 00 seconds East, a distance of 873 feet plus or minus to the high water mark of Long Lake; thence in a Southerly direction along the high water mark of Long Lake to a point distant 375 feet at right angles to the first course when said course is projected; thence on a course of North 89 degrees 31 minutes 29 seconds West, which is also the division line between Sections 1 and 12 of Carver County, a distance of 950 feet plus or minus to a point in the center line of Lakeview Drive Distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East from the point formed by the intersection of the center line of Lakeview Drive and Fern Road; thence along the center line of Lakeview Drive on a bearing of North 22 degrees 11 minutes 40 seconds West, a distance of 122 feet plus or minus to the point or place of beginning containing 5.17 acres plus or minus, as shown on a map entitled CARVER BEACH, according to the plat thereof on file and of record in the office of the Registrar of Titles for said County of Carver and State of Minnesota. Subject to an easement granted to the Northern States Power Company July 22, 1941. Excepting therefrom: That part of Government Lot 8 in Section 1, Township 116, Range 23, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 121.029 feet Southeasterly from the point of intersection of the center line of said Lakeview Drive with the center line of Fern Road; thence Southeasterly along the center line of said Lakeview Drive 25 feet; thence North 75 degrees 07 minutes East to the high water mark of Long lake (also known as Lotus Lake); thence Northerly along the high water mark of said lake 25 feet more or less, to its intersection with a line bearing North 75 degrees 07 minutes East from the point of beginning; thence South 75 degrees 07 minutes West 866.5 feet, more or less, to point of beginning. Above mentioned Lakeview Drive and Fern Road being shown on the plat of CARVER BEACH on file and of record in the office of the Registrar of Titles in and for Carver County, Minnesota. Subject to an easement granted to the Northern States Power Company July 22, 1941. Also Excepting Therefrom: That part of Government Lot 8 in Section 1, Township 116, Range 23, described as follows: Beginning at a point in the center line of Lakeview Drive distant 221.029 feet Southeasterly from the point of intersection of the center line of said Lakeview Drive with the center line of Fern Road; thence North 79 degrees 37 minutes East 611 feet, thence North 75 degrees 07 minutes East 248.5 feet, more or less, to the high water mark of Long Lake (also known as Lotus Lake); thence Southerly along the high water mark of said Lake to the South line of said Section 1, thence North 89 degrees 31 minutes 29 seconds West along the South line of said Section 1, a distance of 950 feet, more or less, to a point in the center line of said Lakeview Drive distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East from the point formed by the intersection of the center line of said Lakeview Drive and Fern Road; thence along the center line of said Lakeview Drive on a bearing North 22 degrees 21 minutes 40 seconds West, a distance of 22.489 feet to the point of beginning. Above mentioned Lakeview Drive and Fern Road being shown on the plat of CARVER BEACH on file and of record in the Office of the Registrar of Titles in and for Carver County, Minnesota. Subject to an easement granted to the Northern States Power Company July 22, 1941. G:\PLAN\2007 Planning Cases\07-09 Lotus Woods\Lotus Woods Property Desc.doc 6