Findings of Fact 11-18-08
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of Bruno J. Silikowski for an amendment to the Conditional Use Permit for
development within the Bluff Creek Corridor and the Conditional Use Permit for multiple
buildings (up to 14) on one parcel- Planning Case 06-34.
On November 18,2008, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application of Bruno]. Silikowski for development approval
to build Autobahn Motorplex. The Planning Commission conducted a public hearing on the
proposed development 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 Industrial Office park, lOP.
2. The property is guided in the Land Use Plan for Office/Industrial and Parks and Open Space.
3. The legal description of the property is: See Exhibit A.
4. Conditional Use Permits:
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 ordinance.
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 such facilities and
services provided by the persons or agencies responsible for the establishment of the
proposed use.
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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.
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.
I. The proposed use will meet standards prescribed for certain uses as provided in the
zoning ordinance with the granting of a variance for the storm water pond within the
Bluff Creek primary zone.
6. The planning report #06-34 dated November 18, 2008, prepared by Robert Generous is
incorporated herein.
RECOMMENDA TION
The Planning Commission recommends that the City Council approve the Autobahn
Motorp]ex development amendment to the Conditional Use Permit for development within the
B]uff Creek Corridor with a Variance to locate the storm water pond within the B]uff Creek
primary zone, and the Conditional Use Permit for multiple buildings (up to 14) on one parcel.
ADOPTED by the Chanhassen Planning Commission this 18th day of November, 2008.
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EXHIBIT A
Legal Description
That part of the Southeast Quarter of Section 15, Township 116, Range 23, West of the
5th Principal Meridian described as follows:
Beginning at the Northeast corner of said Southeast Quarter thence on an assumed
bearing of North 89 degrees 00 minutes 25 seconds West along the North line of said
Southeast Quarter a distance of 2614.22 feet to the Northwest corner of said Southeast
Quarter; thence South 00 degrees 59 minutes 45 seconds East along the west line of said
Southeast Quarter a distance of 1766.11 feet; thence North 56 degrees 57 minutes 24
seconds East a distance of 669.01 feet; thence South 33 degrees 02 minutes 36 seconds
East a distance of 39.63 feet; thence Northeasterly along a non-tangential curve concave
to the Northwest having a radius of 1859.86 feet; a chord bearing North 49 degrees 43
minutes 26 seconds East of 394.93 feet; thence North 56 degrees 57 minutes 24 seconds
east, not to last described curve a distance of 323.97 feet; thence South 35 degrees 03
minutes 24 seconds West a distance of 22.98 feet; thence Southwesterly 120.34 feet along
a tangential curve to the right having a radius of 1959.86 feet; thence North 57 degrees 57
minutes 24 seconds East not tangent to the last described curve a distance of 1319.26 feet;
thence North 33 degrees 02 minutes 36 seconds West a distance of 12.50 feet; thence
North 56 degrees 57 minutes 24 seconds East a distance of 495.70 feet to the East line of
said Section 15; thence North 1 degree 15 minutes 22 seconds West a distance of 72.51
feel along the east line of said Section 15 to the point of beginning, according to the
Government Survey thereof,. Subject to easement for County State Aid Highway 17.
EXCEPT which lies Westerly of Bluff Creek, the centerline of said creek described as
follows:
Commencing at the Northwest comer of the Southeast Quarter of Section 15, Township
116, Range 23 West of the 5th principal Meridian; thence on an assumed bearing of South
89 degrees 00 minutes 25 seconds East, along the North line of said Southeast Quarter, a
distance of 718.45 feet to the point of beginning of the centerline to be described: thence
South 03 degrees 14 minutes 54 seconds West, a distance of 12.34 feet; thence South 12
degrees 17 minutes 21 seconds East a distance of 18.26 feet; thence South 86 degrees 42
minutes 32 seconds East, a distance of 66.41 feet; thence South 00 degrees 11 minutes 26
seconds East, a distance of 10.09 feet; thence South 26 degrees 53 minutes 49 seconds
East, a distance of 11.25 feet; thence South 04 degrees 40 minutes 40 seconds East, a
distance of 71.53 feet; thence South 08 degrees 34 minutes 33 seconds West, a distance
of 513.32 feet; thence South 01 degrees 27 minutes 58 seconds East, a distance of 148.78
feet; thence South 08 degrees 14 minutes 13 seconds West, a distance of 114.78 seconds;
thence South 30 degrees 49 minutes 36 seconds West, a distance of 256.50 feet; thence
South 30 degrees 12 minutes 30 seconds West, a distance of 95.70 feet; thence South 22
degrees 09 minutes 40 seconds East, a distance of 29.71 feet; thence South 10 degrees 54
minutes 04 seconds West, a distance of 55.44 feet; thence South 14 degrees 39 minutes
10 seconds East, a distance of 15.14 feet; thence South 22 degrees 30 minutes 14 seconds
West; a distance of 33.54 feet; thence South 08 degrees36 minutes 50 seconds West, a
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distance of 40.11 feet; thence South 10 degrees 58 minutes 44 seconds West, a distance
of 16.30 feet; thence South 33 degrees 58 minutes 55 seconds East, a distance of 3.27 feet
to the point on the Northerly line of the Milwaukee, St. Paul and pacific Railroad, said
point a distance of 586.57 feet Northeasterly of the Southwest comer of the above
described property, as measured along said Northerly Railroad line, and said line there
terminating.
That part of the Southeast Quarter of the Northeast Quarter of Section 15, Township 116
Range 23 West of the 5th Plincipal Meridian described as:
Beginning in the Southeast comer of said Southeast Quarter of the Northeast Quarter;
thence on an assumed bearing of North 89 degrees 00 minutes 25 seconds West along the
south line of said Southeast Quarter of the Northeast Quarter a distance of 747.57 feet;
thence North 35 degrees 03 minutes 24 seconds East, a distance of 1.50 feet; thence
Northeasterly 1042.48 feet along a tangential curve to the right having a radius of 2814.79
feet to the East line of said Southeast Quarter of the Northeast Quarter; thence South 00
degrees 24 minutes 06 seconds East along the East line of said Southeast Quarter of the
Northeast Quarter a distance of 738.57 feet to the point of beginning, according to
Government Survey thereof. Subject to easement for County State Aid Highway No. 17.
Torrens Certificate No 24463
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