Findings of Fact PC 24-16
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Open Hands Foundation for a Conditional Use Permit approval for a Group Home
for 7 to 16 persons – Planning Case 2024-16.
On September 17, 2024, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Open Hands Foundation for a Conditional Use Permit and
Site Plan approval for the property legally described as follows: Commencing at the southeast
corner of the Northwest Quarter of the Southwest Quarter (NW ¼ of SW ¼) of Section 9, Township
116 North, Range 23 West; thence 225 feet West to a point; thence 90 degrees North for a distance of
300 feet to a point; thence 90 degrees East for a distance of 225 feet to a point; thence 90 degrees
South for a distance of 300 feet to the point of beginning.
The Planning Commission conducted a public hearing on the proposed conditional use and site
plan that 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:
FINDINGS OF FACT
1. Permit. On August 8, 2024, the city received a completed land use application for the
property legally described above (“Property”), requesting a conditional use permit for a
contracting yard on the Property.
2. Property. The Property is currently zoned Rural Residential (RR). The Property is guided by
the 2040 Land Use Plan for Low Density Residential. Group Homes with a capacity up to 16
persons are considered a Conditional Use within the Rural Residential (RR) zoning district.
3. Conditions. The permit is issued subject to the following conditions:
Planning
1. The project shall comply with the requirements in SECTION 20-261. GROUP HOMES
of the Zoning Ordinance.
2. The group home shall be limited to a maximum occupancy of eight persons.
3. The applicant must complete a lot line adjustment so that all improvements associated
with Hope House exist on the same property, located at 3010 W 78th Street, Chanhassen,
MN prior to the conditional use permit being granted.
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4. The applicant must submit a copy of their updated state group home license to the city
once it is received.
5. The Site Development Summary must be updated to show standards for Chanhassen City
Code and the Rural Residential zoning district.
6. Additional lighting locations as well as the proposed lighting styles and a photometric
plan must be provided for the entire site.
Forestry
1. Applicant must update the tree inventory to reflect which trees will be removed and
which trees will be saved.
2. Applicant must install tree protection fencing outside of the dripline of trees that are to be
preserved prior to construction. Silt fencing should not be installed within the dripline of
preserved trees wherever possible.
3. Applicant must include buffer yard calculations in accordance with Chapter 20 Sec 20-
1176 on the landscape plan.
4. Applicant must update the plant schedule to reflect city diversity requirements where no
more than ten percent of the trees may be from any one tree species, no more than 20
percent of the trees may be from any one genus, and no more than 30 percent of trees
from any one family.
5. Applicant must update the landscape legend to indicate which species are being planted
in which location.
6. Applicant must update the landscape summary to include the canopy coverage that is
being preserved and update the number of trees provided to match the number of trees in
the plant schedule.
Engineering
1. The developer shall enter into a site plan agreement with the city and provide necessary
financial security to guarantee compliance with the terms of site plan approval.
2. The developer shall enter into encroachment agreements for all existing and proposed
improvements located in public easements. The encroachment agreements shall be
recorded prior to or concurrently with the site plan agreement.
Water Resources
1. It is the developer’s responsibility to ensure that permits are received from all other
agencies with jurisdiction over the project (i.e. Carver County, MCWD, Board of Water
and Soil Resources, MnDOT, etc.) prior to the commencement of construction activities.
2. The developer and their Engineer shall work with city staff in amending the construction
plans, dated August 29, 2024 prepared by David Bade, PE with Westwood Professional
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Services, Inc., to fully satisfy construction plan comments and concerns. Final
construction plans will be subject to review and approval by staff prior to recording of the
site plan agreement.
3. Water quality modeling shall be provided to confirm the site meets the city’s water
quality requirements of 60% TP and 90% TSS removal. Water quality modeling shall be
approved by staff prior to recording of the site plan agreement
4. The applicant shall update modeling per city and any watershed district comments and
submit updated computations and models in their native forms with the final site plan
submittal and final construction plans. Any future submittals shall receive conditional
approval from the watershed district prior to city staff review.
5. The applicant shall update the design and SWMP to meet city’s freeboard requirement.
Freeboard requirements shall be approved by staff prior to recording of the site plan
agreement.
6. An Operations and Maintenance plan for all proposed BMPs and private stormwater
infrastructure including the inspection frequency, maintenance schedule, and responsible
party shall be submitted for review. A staff-approved stormwater Operations and
Maintenance Agreement shall be recorded concurrently with the site plan agreement.
Building
1. A building permit must be obtained before beginning any construction.
2. Building must comply with State of Minnesota standards for group homes.
Fire
1. The new addition and original home will need to have a full fire sprinkler system
installed.
2. Will also require a full fire alarm system.
3. Driveway will need to be able to support our heaviest fire apparatus.
4. A turnaround will need to be provided for our largest fire apparatus (ladder truck).
5. A turn radius study is to be completed for our largest fire apparatus (ladder truck).
6. Will need to add a fire lock box to building (Knox Box).
4. Termination of Permit. The city may revoke the permit following a public hearing for
violation of the terms of this permit. The city may institute any proper action or proceeding at
law or at equity to prevent violations of the within property, to restrain or abate violations of
the within permit, or to prevent use or occupancy of the Subject Property.
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5. Lapse. If within one year of the issuance of this permit the authorized construction has not
been substantially completed or the use commenced, this permit shall lapse, unless an
extension is granted in accordance with the Chanhassen Zoning Ordinance.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
RECOMMENDATION
The Planning Commission recommends that the City Council approves the proposed
conditional use permit based on the findings of fact included herein, and subject to the conditions
of the staff report.
ADOPTED by the Chanhassen City Council this _____ day of _____________, 202_.
CHANHASSEN PLANNING COMMISSION
BY:___________________________________
Its Chair