Findings of Fact
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of Plowe Engineering, Inc. and Aloysius Klingelhutz for Subdivision approval with a
variance for the use of a private street - APPLE TREE ESTATES.
On March 17,2009, the Chanhassen Planning Commission met at its regularly scheduled meeting to
consider the application of Plowe Engineering, Inc. and Aloysius Klingelhutz for preliminary plat
approval of property creating seven lots with a variance for the use of a private street to access the two
lakeshore lots. The Planning Commission conducted a public hearing on the proposed subdivision
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 Land Use Plan for Residential- Low Density.
3. The legal description of the property is shown in the attached Exhibit A.
4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse
affects of the proposed subdivision. The seven (7) affects and our findings regarding them are:
a. The proposed subdivision is consistent with the zoning ordinance;
b. The proposed subdivision is consistent with all applicable city, county and regional plans including
but not limited to the city's comprehensive plan;
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;
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;
e. The proposed subdivision will not cause environmental damage;
f. The proposed subdivision will not conflict with easements of record; and
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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.
5. Private Street variance findings:
a. The hardship is not a mere inconvenience, but provides enhanced environmental protection.
b. The hardship is caused by the particular physical surroundings, shape or typographical conditions of
the land. The proposed private street will reduce the amount of impervious surface directing water
to the lake. It will also preserve addition trees.
c. The conditions upon which the request is based are unique and not generally applicable to other
property. The site is sloped down to the lake. Any reduction in hard surface will reduce the runoff
directed to the lake.
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.
The use of the private street has the potential for reducing environmental impacts.
6. The planning report #09-01 dated March 17, 2009, prepared by Robert Generous, et aI, is
incorporated herein.
RECOMMENDA TION
The Planning Commission recommends that the City Council approve the Preliminary Plat for
Apple Tree Estates creating seven lots with a variance for the use of a private street.
ADOPTED by the Chanhassen Planning Commission this 17th day of March, 2009.
CHANHASSEN PLANNING COMMISSION
BY:
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EXHIBIT A
TRACT 1 DESCRIPTION
Outlot A, Chanhassen Hills 1 st Addition os recorded in the Registrar of Titles office, Carver County, Minnesota, also inclucing, tnat
part of Government Lot 3 in Section 14, Township 1',6, Range 23, lying westerly of the easterly 245.00 feet of said Government Lot 3
and easterly of thefallaw:ng described line. CommenCing at the Northeast corner of lhe Northeast 1/4 of Section 23, Township 116,
Range 23; Hlence on an assumed bearing of S 88' 11' 38" W. along the north line of the Northeast 1/4 of said Section 23, a
distance of 245.01 feet to the west line of the east 245.00 feet of said Government Lot 3; hence N 2' 57' 46" W. clang said west
line, a distance of 487.30 feet to the point of beginning of the line to be described; thence ~, 25' 46' 46" W, a distance of 116.3
feet to the shore line of Lake Susan; thence easterly along said shore line, to the intersection point with the west line of lhe east
245.00 feet of said Government Lot 3 and there terminating. All in Carver County, Minnesota. Subject to roads and easements of
record; AND the easterly 245.00 feet of Government Lot 3 in Section 14, Township 1i6, range 23.
TRACT 2 DESCRIPTION
The easterly 244.99 feet of the northerly 261.81 feet of the Northeast Quorter of the Northeast Quarter of Section 23, Township 116,
Range 23, subject to the State Highway No. 10'" all in Carver County, Minnesota.
TRACT 3 DESCRIPTION
Parl of the Northwest Quarter of the Northwest Quarter of Section 24, Township 116, Range 23, Carver County, Minnesota, described
os follows: Beginning at the northwest corner of the Northwest Quarter of said Section 24; thence on an assumed bearing of South
89 degrees 19 minutes 43 seconds East along the North line of said Northwest Quarter 338.00 feet; thence South 25 degrees 26
minutes 43 seconds East 128.38 feet to the centerline of State Highway Number 101; thence westerly along said centerline along a
non tangential curve that is concave to the north, said curve having a centeal angle of Og degeees 11 minutes 57 seconds, 0 radius
length of 621.15 feet, an arc length of 99.7.3 feet, 0 chord bearing of South 74 degrees 12 minutes 13 seconds West and 0 chord
length of 99.62 feet; thence South 79 degrees 38 minutes 53 seconds West along said centerline and tangent to last described
curve 163.44 feet; thence southwesterly along .said centerline aiong c tangential curve that is concave to the southeast, said curve
having a central angle of 19 degrees 36 minutes 53 seconds, a radius length of 231.87 feet, on arc length of 79.38 feet; thence
continuing southwesterly along said centerline along a compound curve, that is concave to the southeast, said curve having a central
angle of 52 degrees 18 minutes 23 seconds, a radius length of 127.60 feet, on ore length of 116.49 feet, a chord bearing of South
33 degrees 34 minutes 37 seconds West, a chord length of 112.49 feet to the West line of said Northwest Quarter; thence North 00
degrees 01 minutes 33 seconds West olongsaid West line 297.33 feet to the point of beginning. This tract is subject to any ond all
easemen Is of record.
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