Signed FOF Oak Creek Wholesale Nursery2
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FINDINGS OF FACT AND R.E,COMMENDATION
IN RE:
Application of Tim Erhart for an Interim Use Permit to op€rate Oak Creek Wholesale Nursery.
On March 7,2023, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Tim Erhart for an interim use permit to operate a
wholesile nursery for the property located at 775 W 96s Street. The Planning Commission
conducted a public hearing on the proposed conditional use which was preceded by published
and mailed notice. The Planning Commission heard testimony liom all interested persons
wishing to speak and now makes the following:
FINDINGS OF FACT
The property is currently zoned Agricultural Estate District, A-2.
The property is guided by the Land Use Plan for Residential Low Density use.
The legal description ofthe property is:
Outlots D, E, F, G and H, Erhart Farm, Carver County, Minnesota, and
Lot l, Block l, Buttemut fudge Addition, Carver County, Minnesota
Use Standards:
The proposed use will not be detrimental to or endanger the public health, safety,
comfort, convenience or general welfare ofthe neighborhood or the city since it will
primarily be a tree growing operation with minimal access for tree spading and
removal.
b. The proposed use will be consistent with the objectives of the city's comprehensive
plan and the zoning ordinance. A wholesale nursery is permitted by the zoning
regulations as an interim use until the development ofthe property consistent with the
comprehensive plan.
The proposed use will be designed, construcled, operated and maintained so to be
compatible in appearance with the existing or intended character of the general
viciniry and will not change the essential character ofthat area. The use shall continue
the tree growing operation on the property with minimal access for tree spading and
removal.
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a.
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c
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
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d. The proposed use will not be hazardous or disturbing to existing or planned
neighboring uses.
e. The proposed use 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 of the
proposed use.
f. The proposed use will not create excessive requirements for public facilities and
services and will not be detrimental to the economic welfare of the community.
Public water will not be used for the tree growing operation.
g. The proposed use will not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare because ofexcessive production of traffrc, noise, smoke, fumes,
glare, odors, rodents, or trash.
h. The proposed use will have vehicular approaches to the property which do not create
traffic congestion or interfere with uaffic or surrounding public thoroughfares.
i. The proposed use will not result in the destruction, loss or damage of solar access,
natural, scenic or historic feanfes of major significance.
j. The proposed use will be aesthetically compatible with the area.
k. The proposed use will not depreciate surrounding property values.
l. The proposed use will meet standards prescribed for certain uses as provided in
Chapter 20, Article IV of the City Code.
5. The planning commission shall recommend an interim use permit and the council shall
issue interim permits only if it finds, based on the proposed location, that:
a. The use meets the standards of a conditional use permit use standards set forth in
section 2-232 ofthe CitY Code.
b. The use conforms to the zoning regulations.
c. The use is allowed as an interim use in the zoning district.
d. The date or event that will terminate the use can be identified with certainty.
e. The use will not impose additional costs on the public if it is necessary for the
public to take the property in the future'
f. The user agrees to any conditions that the city council deems appropriate for
permission of the use.
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6.The plaruring report #2023-03 dated March 7 , 2023, prepared by Robert Generous, et al,
is incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the interim use
permit subject to the conditions ofthe staff report.
ADOPTED by the Chanhassen Planning Commission this 76 day of March 2023'
PLANNING COMMISSION
BY:
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