Findings of Fact
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of Center Companies, LLC and Jay and Peggy Kronick for an amendment to
a Conditional Use Permit and Site Plan Review for an 8,000 square-foot, one-story,
multi-tenant building with a Variance for parking placement in the Highway and
Business Services District (BH).
On February 2,2010, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application of Center Companies, LLC and Jay and
Peggy Kronick for an amendment to Conditional Use Permit 88-13 to eliminate the
Hennepin County parcel for a garden center and to relocate the storage bins to the Carver
County parcel located at 78 West 78th Street; and Site plan review for an 8,000 square
foot, one-story retail building with an 8% parking variance to permit 58% of the parking to
be located between the front fa<;:ade and the primary street, for property located at 19900
West 78th Street. The Planning Commission conducted a public hearing on the
conditional use permit and 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 Highway and Business Services District (BH).
2. The property is guided by the Land Use Plan for Commercial use.
3. The legal description of the property is:
CARVER COUNTY PROPERTY: 78 West 78th Street
That part of Tract C, Registered Land Survey No. 59, files of Registrar of Titles,
which lies South of a line drawn East perpendicular to the West line of said Tract C
from a point thereon distance 103.00 feet South, as measured along said West line
from the Northwest comer of said Tract C: And that part of Tract D lying Easterly of
the Southerly extension of the West line of said Tract C, Registered Land Survey No.
59, flies of Registrar of Titles, all in Carver County, Minnesota.
HENNEPIN COUNTY PROPERTY: 19900 West 78th Street
That part of the West 149 feet of the Southwest Quarter of Section 7, township 116
North, Range 22 West of the 5th Principal Meridian, lying North of State Highway
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No.5 and which lies South of a line drawn East perpendicular to the West line of
Tract C, Registered Land Survey No. 59, files of the Registrar of Titles, Carver
County, from a point thereon distant 103.00 feet South, as measured along said West
line, from the Northwest comer of said Tract, C Hennepin County, Minnesota.
4. Conditional Use Findings
a. Will not be detrimental to or endanger the public health, safety, comfort,
convenience or general welfare of the neighborhood or city.
Finding: Conditional Use Permit 88-13 for a garden center currently encompasses
both the Carver and Hennepin County sites. The applicant is requesting an
amendment to CUP 88-13 to exclude the Hennepin County site from the CUP and to
relocate the storage bins to the Carver County site. The CUP for the nursery will
then solely be for the Carver County site. The conditions of approval for CUP 88-
13 will continue to be in effect. The use of the site for a garden center will not be
detrimental to the public health, safety, comfort, convenience or general welfare
of the neighborhood.
b. Will be consistent with the objectives of the City's Comprehensive Plan and this
chapter.
Finding: The proposed use is consistent with the City's Comprehensive Plan and
complies with the conditions of approval for CUP 88-13.
c. 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.
Finding: The character of the general vicinity will not change. Other than the
relocation of storage bins and materials from the Hennepin County site to the
Carver County site, the appearance and function of the site will not be affected.
The garden center will continue to operate in its current condition.
d. Will not be hazardous or disturbing to existing or planned neighboring uses.
Finding: The surrounding uses are zoned for commercial and industrial use. The
garden center will continue to operate in its current condition. The approval of
the amendment eliminates the Hennepin County site from the legal description for
the CUP and relocates the garden center related structures and materials to the
Carver County site.
e. 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
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services provided by the persons or agencies responsible for the establishment of
the proposed use.
Finding: The site is currently serviced by municipal services, which are adequate
for the development.
f. Will not create excessive requirements for public facilities and services and will
not be detrimental to the economic welfare of the community.
Finding: The site is currently serviced by adequate municipal services. The
function of the garden center on the Carver County site will not change and will
not be detrimental to the economic welfare of the community.
g. 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.
Finding: The garden center has been in operation since 1988 and is consistent
with the standards of the Highway and Business Services District. The
amendment to relocate the storage bins and eliminate the Hennepin County site
from the CUP will not be detrimental to the surrounding area.
h. Will have vehicular approaches to the property which do not create traffic
congestion or interfere with traffic or surrounding public thoroughfares.
Finding: Access to the site and all parking currently exists on the site and will
not interfere with traffic in the surrounding public thoroughfares or create traffic
congestion.
1. Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
Finding: The site is consistent with the conditions of approval for CUP 88-13
and will not result in the destruction, loss or damage of solar access, natural,
scenic or historic features of major significance.
J. Will be aesthetically compatible with the area.
Finding: The garden center is consistent with the plans and conditions outlined
in CUP 88-13 and are compatible with the surrounding area.
k. Will not depreciate surrounding property values.
Finding: The use will not depreciate surrounding property values.
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1. Will meet standards prescribed for certain uses as provided in this article.
Finding: The use is consistent with the Highway and Business Services District
and other zoning requirements.
5. Site Plan Findings:
a. The proposed development 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;
Finding: The development of the Hennepin County site is consistent with the
City's development guides and comprehensive plan.
b. The proposed development is consistent with the site plan review requirements;
Finding: The site is consistent with the site plan review requirements.
c. The proposed development 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;
Finding: One wetland exists adjacent to the property. This wetland will not be
impacted as a result of this project. However, grading will occur adjacent to the
wetland and steps will be taken to assure that the wetland is not impacted during
development of the site. The development of the site maintains required setbacks
from the wetland. The applicant will also incorporate a bio-retention pond to
filter water runoff prior to entering the wetland.
d. The proposed development 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;
Finding: The development will be harmonious with the existing buildings and
features. The development also lends an architectural design standard for future
development of the Carver County site.
e. The proposed development 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;
Finding: The main entrances into the building are located on the south elevation
with employee and services entrances on the north elevation. The parking is
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located on the north, south and west side of the building and will be shared
between the Carver and Hennepin County sites.
2) The amount and location of open space and landscaping;
Finding: The site will be landscaped, including the landscaping islands in the
parking lot. The applicant will also incorporate a bio-retention pond on the north
end of the site to filter runoff prior to entering the wetland.
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
Finding: This is the first parcel to redevelop in this area. The architecture of the
building will serve as the design standards for future redevelopment of the Carver
County site.
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.
Finding: The site includes sidewalks which connect with the existing public
sidewalk along West 78th Street. Both the Carver and Hennepin County sites will
share the existing access off West 78th Street. The parking is distributed around
the building and will be shared between the sites.
5) 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.
Finding: Sanitary sewer and water service are installed on the site and are
consistent with all design standards.
6. 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 criteria.
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Finding: The main entrances to the building are located on the south side of the
building with the employee and service entrances on the north side of the
building. The additional parking in the south lot will provide better customer
access to the main entrances of the building. Therefore, it is reasonable to have
the majority of the parking located adjacent to the store entrances. The buildings
on either side of the project have the majority of their parking located between the
building and West 78th Street.
b. The conditions upon which a petition for a variance is based are not applicable,
generally, to other property within the same zoning classification.
Finding: The location of the parking on site is limited by the City's desire to have a
bio-retention water system adjacent to the wetland. Additionally, the City prefers
that the trash enclosure be located to the rear of the structure. To accommodate
these directives, more than 50 percent of the parking must be located to the south of
the building.
c. The purpose of the variation is not based upon a desire to increase the value or
income potential of the parcel of land.
Finding: The variance request is not based on the desire to increase the income
potential of the site. The request is to provide the majority of the parking adjacent
to the store entrances, where the customers want to park.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: The hardship is not self-created since the City directs the developer to
have a bio-retention water system adjacent to the wetland. Additionally, the City
prefers that the trash enclosure be located to the rear of the structure. To
accommodate these directives, more than 50 percent of the parking must be located
to the south of the building.
e. The granting of the variance will not be detrimental to the public welfare or injurious
to other land or improvements in the neighborhood in which the parcel is located.
Finding: The granting of the variance will not be detrimental to the public welfare
or other land improvements in the neighborhood. The customer entrances are
adjacent to the south parking lot, while the employee and service entrances are
located on the north side of the building. It is reasonable to provide the majority of
the parking stalls adjacent to the customer entrances.
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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Finding: The variance will not impair the supply of light and air to the 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.
7. The planning report, Planning Case #10-04 dated February 2,2010, prepared by Bob
Generous and Angie Kairies, et aI, is incorporated herein.
RECOMMENDA TION
The Planning Commission recommends that the City Council approve Planning Case
#10-04 for an amendment to Conditional Use Permit 88-13 to eliminate the Hennepin
County parcel for a garden center and to relocate the storage bins to the Carver County
parcel located at 78 West 78th Street; and Site Plan approval for an 8,000 square foot, one-
story retail building with an 8% parking Variance to permit 58% of the parking to be
located between the front fa<;ade and the primary street for property located at 19900 West
78th Street.
ADOPTED by the Chanhassen Planning Commission this 2nd day of February,
2010.
BY:
OMMISSION
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