Findings of Fact
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of the City of Chanhassen for Site Plan Review for a Public Works Facility,
Planning Case #08-25, for an 82,500 square-foot, one-story office/warehouse building with a
mezzanine storage area, a conditional use permit for outdoor storage and setback variances from
the creek and wetland for the parking lot area.
On January 6,2009, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of the City of Chanhassen for a site plan review for a public
works facility for the property located at Lots 5 & 6, Block 1, Chanhassen Lakes Business Park
5th Addition (7901 Park Place). The Planning Commission conducted a public hearing on the
proposed site plan 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, lOP, District.
2. The property is guided by the Land Use Plan for Office-Industrial uses.
3. The legal description of the property is: Lots 5 & 6, Block 1, Chanhassen Lakes Business
Park 5th Addition
4. Site Plan Review
a. The proposed project is consistent 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. The proposed project is consistent with this division;
c. The proposed project preserves 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 or developing areas;
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d. The proposed project creates 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. The proposed project creates a 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; and
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.
f. The proposed project protects 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.
5. Variance: The Board of Adjustments and Appeals shall not recommend and the City Council
shall not grant a variance unless they find the following facts:
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 this criterion. The meandering nature of the creek
to the east of the property does not permit a uniform parking lot drive aisle. The wetland
on the south restricts the location of buildings on the site. The tree-covered slope on the
west also constrains the development of the property. Based on the revisions to the plans,
the variance request has been reduced to a minimum.
b. The conditions upon which a petition for a variance is based are not applicable, generally,
to other property within the same zoning classification. This condition is unique to this
property which abuts Riley Creek. In order to avoid setback variances, the building
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would have to be shifted to the west, requiring extensive grading in the tree-covered
slope.
c. The purpose of the variation is not based upon a desire to increase the value or income
potential of the parcel of land, but rather minimize the impacts to the water resources and
to avoid additional impacts on the wooded slope. Because of the nature of the facility,
vehicle size, outdoor storage, etc, need large space, turning radius of tandem axle
vehicles, storage of salt, pea rock, mulch, and trailers
d. The alleged difficulty or hardship is not a self-created hardship, but is due to the unique
site features which include a creek to the east, just east of the public street, a wetland on
the south, a tree-covered slope to the west and converging side property lines.
Additionally, the City has attempted to save a 45 inch oak tree southeast of the building.
e. The granting of the variance for the construction of a public works building will not be
detrimental to the public welfare or injurious to other land or improvements in the
neighborhood in which the parcel is located, but will facilitate the provision of a required
public service. In addition, the City will be implementing several mitigation measures
which should improve the natural environment including
. Currently from the top of bank for Riley creek west is either denuded of
vegetation or dominated by invasive plant species
. Currently the channel and the area immediately adjacent to the channel has a
substantial amount of construction debris
o The plan will involve cleaning all debris away from within the channel and
between the proposed back of curb and top of bank.
o This area will be planted with native trees, shrubs, forbs and grasses - a detailed
vegetation management plan will be created
o Areas of scour which have developed in the channel will be stabilized.
. The buffer will be expanded both northeast and northwest of the wetland so that
total buffer will be far greater than what is required under City code.
. Much of the buffer is dominated by reed canary grass - an invasive species. This
will be replaced by a special BWSR seed mix.
. An engineered wetland will be created northeast of the wetland to treat runoff
from the driveway prior to entering the wetland.
. A bio-filtration swale will be created west of the building to treat roof runoff prior
to entering the wetland.
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.
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6. Conditional Use Permit:
a. The proposed outdoor storage will not be detrimental to the public health, safety, comfort,
convenience or general welfare of the neighborhood or the city.
b. The proposed outdoor storage will be consistent with the objectives of the city's
comprehensive plan and this chapter.
c. The proposed outdoor storage 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 outdoor storage will not be hazardous or disturbing to existing or planned
neighboring uses.
e. The proposed outdoor storage 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.
f. The proposed outdoor storage 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 outdoor storage 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 outdoor storage will have vehicular approaches to the property which do
not create traffic congestion or interfere with traffic or surrounding public thoroughfares.
1. The proposed outdoor storage will not result in the destruction, loss or damage of solar
access, natural, scenic or historic features of major significance.
J. The proposed outdoor storage will be aesthetically compatible with the area.
k. The proposed outdoor storage will not depreciate surrounding property values.
1. The proposed outdoor storage will meet standards prescribed for certain uses as provided
in the City Code.
7. The planning report #08-25 dated January 6,2009, prepared by Robert Generous, et aI, is
incorporated herein.
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RECOMMENDA TION
The Planning Commission recommends that the City Council approve the site plan review
for an 82,500 square-foot, one-story office/warehouse building with a mezzanine storage area, a
conditional use permit for outdoor storage and setback variances from the creek and wetland for
the parking lot area.
ADOPTED by the Chanhassen Planning Commission this 6th day of January, 2009.
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