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Findings of Fact CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE: Application of Mark Leutem, KLMS Group, LLC for the following: Request for Minor PUD Amendment to allow a drive-thru window; a site plan amendment to add a drive-thru window; and a variance to the required number of parking spaces on property zoned Planned Unit Development. On October 21,2008, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Mark Leutem, KLMS Group, LLC for a Planned Unit Development Amendment, Site Plan Amendment, and Variance. The Planning Commission conducted a public hearing on the proposed application 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 Planned Unit Development District. 2. The property is guided by the Land Use Plan for Commercial. 3. The legal description of the property is: Lot 2, Block 1, Arboretum Shopping Center. 4. Planned Unit Development Amendment The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse effects of the proposed amendment to the Arboretum Village PUD design standards to permit a drive-thru window as a permitted use. The six (6) effects and our findings regarding them are: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be inconsistent with the official City Comprehensive Plan as drive-thru in a neighborhood related commercial changes the commercial character of the development to cater to commuter retail user. b. The proposed use is or will be incompatible with and compete with the present and future land uses of the area in that the amendment will permit commuter commercial uses, rather than neighborhood service uses, potentially changing the character of the development. 1 c. The proposed use would not conform to all performance standards contained in the Zoning Ordinance including compatibility with adjacent uses, parking requirements, and traffic circulation requirements. d. The proposed use may depreciate the values of the surrounding area by permitting a use that may negatively impact traffic circulation and access to users. e. The proposed use can be accommodated with existing public services and will not overburden the city's service capacity as the subdivision is provided with adequate infrastructure to accommodate the use. f. Traffic generation by the proposed use may be within capabilities of streets serving the property. However, internal traffic circulation may become a problem. 5. In evaluating a site plan and building plan, the city shall consider the development's compliance with the following: a. Consistency with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted. b. Consistency with this division. c. Preservation of the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing areas. d. Creation of a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development. e. Creation of functional and harmonious design for structures and site features, with special attention to the following: 1) An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community. 2) The amount and location of open space and landscaping. 3) Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses. 4) Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. 2 f. Protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. Findin2: The request for a drive-thru window is inconsistent with the standards in the PUD. 6. Variance a) That the literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that there are pre-existing standards in this neighborhood. Variances that blend with these pre-existing standards without departing downward from them meet these criteria. Findin2: The literal enforcement of this chapter does not cause an undue hardship. The applicant has the ability to provide parking spaces. All the retail facilities within this development have provided the required number of spaces. b) The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Findin2: The conditions upon which this variance is based are applicable to all properties that lie within the Planned Unit Development (PUD) District. c) The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Findin2: The applicant has stated that they do not wish to incur the cost of replacing the parking spaces. However, the variation is not based upon a desire to increase the value or income potential of the parcel of land. d) The alleged difficulty or hardship is not a self-created hardship. Findin2: The variance is a self-created hardship. The applicant is requesting to remove the parking spaces without replacing them. e) The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Findin2: The granting of a variance will cause a parking problem. 3 f) The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Findilll!: The proposed variation could cause traffic/circulation issues. 7. The planning report #08-22, dated October 21,2008, prepared by Sharmeen AI-Jaff, et aI, is incorporated herein. RECOMMENDA TION The Planning Commission recommends that the City Council deny Site Plan Amendment, Planned Unit Development Amendment and Variance 2008-22. ADOPTED by the Chanhassen Planning Commission this 21 st day of October, 2008. BY: 4