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