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Findings of Fact CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE: Application of Neil Klingelhutz and Gateway Development, LLC for an Interim Use Permit to bring approximately 46,000 cubic yards of fill to the site. On September 18,2007, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Neil Klingelhutz and Gateway Development, LLC for an interim use permit for the property located at 8601 Great Plains Boulevard and 760 Lake Susan Drive. The Planning Commission conducted a public hearing on the proposed interim use 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 Single-Family Residential, RSF, and Planned Unit Development - Residential, PUD-R. 2. The property is guided by the Land Use Plan for Residential - Low and Medium Density and Mixed Use. 3. The legal description of the property is: Lot 1, Block 1, Gateway North, Carver County, Minnesota; And, Part of the NW 1;4 of the NW 1,4 of Section 24, Township 116, Range 23, Carver County, Minnesota described as follows: Commencing at the NW comer of the NW the NW comer of said Section 24; thence on an assumed bearing of South 89 degrees 19 minutes 43 seconds East along the North line of said NW 1,4 338.00 feet; thence South 25 degrees 26 minutes 43 seconds East 128.38 feet to a point on the centerline of State Highway Number 10 1 said point being the point of beginning of the tract to be described; thence westerly along said centerline along a non tangential curve that is concave to the north, said curve having a central angle of 09 degrees 11 minutes 57 seconds, a radius length of 621.15 feet, an arc length of 99.73 feet, a chord bearing of South 74 degrees 12 minutes 13 seconds West and a chord length of 99.62 feet; thence South 79 degrees 38 minutes 53 seconds West along said centerline and tangent to last described curb 163.44 feet; thence southwesterly along said centerline along a tangential curve, that is concave to the southeast, said curve having a central angle of 19 degrees 36 minutes 53 seconds, a radius length of 231.87 feet, an arc length of 79.38 feet; thence continuing southwesterly along 1 said centerline along a compound curve, that is concave to the southeast, said curve have a central angle of 52 degrees 18 minutes 23 seconds, a radius length of 127.6 feet, an arc length of 116.49 feet, a chord bearing of South 33 degrees 34 minutes 37 seconds West, a chord length of 112.49 feet to the West line of said NW 14; thence south 00 degrees 01 minutes 33 seconds East along said centerline and along the West line of said NW 14 362.74 feet to the South line of the North 660 feet of the West ~ of the NW 14 of said Section 24; thence South 89 degrees 19 minutes 49 seconds East along said South line 430.13 feet to the westerly right-of-way line of Trunk Highway Number 312; thence northeasterly along said westerly right-of-way line along a non tangential curve that is concave to the southeast, said curve having a central angle of 11 degrees 42 minutes 56 seconds, a radius length of 350.00 feet, an arc length of 71.57 feet, a chord bearing of North 64 degrees 07 minutes 43 seconds East a chord length of 71.44 feet; thence North 16 degrees 17 minutes 03 seconds East along said westerly right-of-way line and not tangent to last described curve 360.83 feet; thence northerly along said westerly right-of- way line along a non tangential curve that is concave to the east said curve having a central angle of 17 degrees 30 minutes 47 seconds, a radius length of 981.48 feet, an arc length of 300.00 feet, a chord bearing of North 20 degrees 48 minutes 18 seconds East, a chord length of 298.83 feet to the North line of said NW 14; thence North 89 degrees 19 minutes 43 seconds West along said North line and not tangent to last described curve 118.28 feet the centerline of State Highway Number 101; thence southwesterly along said centerline along a non tangential curve that is concave to the northwest, said curve having a central angle of 20 degrees 33 minutes 03 seconds, a radius length of 621.15 feet, an arc length of 222.79 feet, a chord bearing of South 59 degrees 19 minutes 43 seconds West, a chord length of 221.60 feet to the point of beginning. This tract is subject to any and all easements of record. 4. Interim Use Permit Findings: a. The proposed use will not be detrimental to the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. b. The proposed use will be consistent with the objectives of the city's comprehensive plan and the zoning code. c. The proposed use 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 of that area. 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 2 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. 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 of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash subject to compliance with the conditions of approval. h. The proposed use will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. 1. The proposed use will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. J. The proposed use will be aesthetically compatible with the area. k. The proposed use will not depreciate surrounding property values. 1. The proposed use will meet standards prescribed for certain uses as provided in the City Code. 5. The planning report #07-16 dated September 18, 2007, prepared by Robert Generous, et aI, is incorporated herein. RECOMMENDA TION The Planning Commission recommends that the City Council approve the interim use permit to permit the importation of up to 46,000 cubic yards of fill. ADOPTED by the Chanhassen Planning Commission this 18th day of September, 2007. CHANHASSEN PLANNING COMMISSION BY:J7-J ~ /~ Its Acting hairman 3