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