Findings of Fact
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
AL TERNA TE B
INRE:
Application of Mark and Suzanne Senn for a two-lot subdivision with zoning variances to create a
second building lot and a variance to allow a private street to serve the parcels.
On February 17, 2009, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application. The Planning Commission conducted a public hearing on
the proposed subdivision with variances 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).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential - Low
Density (1.2 - 4.0 units per net acre) uses.
3. The legal description of the property is: Tract A of Registered Land Survey 109.
4. The city council may grant a variance from the regulations contained in this chapter as part of
the plat approval process following a finding that all of the following conditions exist:
The subdivision variance is required to allow a private street to serve the subject development.
a. The hardship is not a mere inconvenience.
Finding: The hardship is not a mere inconvenience. The proposed private street preserves
site features. Reconstruction of the private street will cause environmental impact.
b. The hardship is caused by the particular physical surroundings, shape or typographical
conditions of the land.
Finding: The hardship is caused by the particular physical surroundings, shape and
topographical conditions of the land. The subject parcel is the largest lot within the Kurvers
Point subdivision.
c. The conditions upon which the request is based are unique and not generally applicable to
other property.
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Finding: The conditions upon which the request is based are unique and not generally
applicable to other properties due to the unique site features.
d. The granting of the variance will not be substantially detrimental to the public welfare and is
in accord with the purpose and intent of this chapter, the zoning ordinance and
comprehensive plan.
Finding: The granting of a variance will not be substantially detrimental to the public
welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance,
and comprehensive plan. The applicant is proposing to access the site via a private street.
This option will minimize grading and tree removal.
5. SUBDIVISION - FINDINGS
a. The proposed subdivision is consistent with the zoning ordinance;
Finding: The applicant's proposal is inconsistent with the requirements of the RSF
district. The proposed lot can comply with the minimum zoning requirements
b. The proposed subdivision is consistent with all applicable city, county and regional plans
including but not limited to the city's comprehensive plan;
Finding: The proposed subdivision is consistent with the comprehensive plan and
subdivision ordinance if the private street standards variance is approved.
c. The physical characteristics of the site, including but not limited to topography, soils,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm
water drainage are suitable for the proposed development;
Finding: The proposed site is suitable for development subject to the conditions specified
in this report
d. The proposed subdivision makes adequate provision for water supply, storm drainage,
sewage disposal, streets, erosion control and all other improvements required by this
chapter;
Finding: The proposed subdivision is served by adequate urban infrastructure.
e. The proposed subdivision will not cause environmental damage;
Finding: The proposed subdivision will not cause significant environmental damage
subject to conditions of approval. The proposed subdivision contains adequate open areas
to accommodate a house pad.
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f. The proposed subdivision will not conflict with easements of record.
Finding: The proposed subdivision will not conflict with existing easements, but rather
will expand and provide all necessary easements.
g. The proposed subdivision is not premature. A subdivision is premature if any of the
following exists:
1) Lack of adequate storm water drainage.
2) Lack of adequate roads.
3) Lack of adequate sanitary sewer systems.
4) Lack of adequate off-site public improvements or support systems.
Finding: The proposed subdivision will have access to public utilities and streets.
6. The planning report #09-02, dated February 17, 2009, prepared by Angie Auseth, et aI, is
incorporated herein.
RECOMMENDA TION
"The Planning Commission recommends approval of Planning Case 09-02 with a variance
to allow a private street with a width of less than 20 feet and less than a 7-ton design, and
approval of the subdivision creating two lots based on these findings of fact for Alternate B."
ADOPTED by the Chanhassen Planning Commission this 17th day of February, 2008.
CHANHA7EN PLANNING COMMISSION
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Its Chairman
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