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Findings of Fact Oy,) I ~ CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE: Application of City of Chanhassen Engineering Department for an Interim Use Permit to import approximately 15,000 cubic yards of fill to the site. On September 2,2008, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of the City of Chanhassen Engineering Department for an interim use permit for the property located at 7901 and 7951 Park Place. The Planning Commission conducted a public hearing on the proposed interim use, which 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 Industrial Office Park District, lOP. 2. The property is guided by the Land Use Plan for Office/Industrial Use. 3. The legal description of the property is: Lots 5 and 6, Block 1, Chanhassen Lakes Business Park 5th Addition, Carver County, Minnesota; 4. Interim Use Permit Findings: a. The proposed grading will not be detrimental to the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. b. The proposed grading will be consistent with the objectives of the City's comprehensive plan, the standards for grading and excavation and the zoning code. c. The proposed grading 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 grading will not be hazardous or disturbing to existing or planned neighboring uses. e. The proposed grading 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 1 such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. f. The proposed grading 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 grading 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 grading will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. 1. The proposed grading will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. J. The proposed grading will be aesthetically compatible with the area. k. The proposed grading will not depreciate surrounding property values. 1. The proposed grading will meet standards prescribed for certain uses as provided in the City Code. 5. The planning report #08-18 dated September 2,2008, prepared by Alyson Fauske, 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 15,000 cubic yards of fill. ADOPTED by the Chanhassen Planning Commission this 2nd day of September, 2008. CHANHASSEN PLANNING COMMISSION BY: g:\plan\2008 planning cases\08-18 public works facility iup\findings of fact.doc 2