Findings of Fact
, (:)-<:)~
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of Ron Clark Construction and Horne Federal Savings for an amendment to the
Lakeside Planned Unit Development to convert two of the condominium buildings into 22 twin-
home units and revisions to the design standards regarding setbacks; subdivision approval for 22
lots and 3 outlots with a variance for a 20-foot wide private street to access Block 3; and site plan
approval for 22 twin-home units.
On March 16,2010, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Ron Clark Construction and Home Federal Savings for an
amendment to the Lakeside Planned Unit Development to convert two of the condominium
buildings into 22 twin-home units and revisions to the design standards regarding setbacks;
subdivision approval for 22 lots and 3 outlots with a variance for a 20-foot wide private street to
access Block 3; and site plan approval for 22 twin-home units The Planning Commission
conducted a public hearing on the proposed Planned Unit Development 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 Planned Unit Development-Residential (PUD-R).
2. The property is guided in the Land Use Plan for Residential-High Density.
3. The legal description of the property is: Outlot B, Lakeside Addition and Outlot E, Lakeside
Third Addition.
4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse
affects of the proposed amendment. The six (6) affects and our findings regarding them are:
a. The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the official City Comprehensive
Plan.
b. The proposed use is or will be compatible with the present and future land uses of the
area.
c. The proposed use conforms with all performance standards contained in the Zoning
Ordinance.
d. The proposed use will not tend to or actually depreciate the area in which it is proposed.
e. The proposed use can be accommodated with existing public services and will not
overburden the city's service capacity.
1
f. Traffic generation by the proposed use is within capabilities of streets serving the
property.
5. 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
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.
6. Private Street width variance findings:
a. The hardship is not a mere inconvenience.
b. The hardship is caused by the particular physical surroundings, shape or typographical
conditions of the land.
c. The conditions upon which the request is based are unique and not generally applicable to
other property.
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.
7. Site Plan Findings:
a. The twin home 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 twin home project is consistent with this division;
c. The twin home 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;
2
d. The twin home 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 twin home 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 twin home 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.
8. The planning report #10-06 dated March 16,2010, prepared by Robert Generous, et aI, is
incorporated herein.
RECOMMENDA TION
The Planning Commission recommends that the City Council approve the Planned Unit
Development amendments, subdivision with variance and site plan.
ADOPTED by the Chanhassen Planning Commission this 16th day of March, 2010.
BY:
3