Findings of Fact to -tt=1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN
Application of Carl "Duff' Hanson and Larry Hopfenspirger for approval of amended and
restated Conditional Use Permit 97 -04, Planning Case #10 -10, to expand a used car dealership by
adding a contiguous property located west of 615 Flying Cloud Drive, zoned Fringe Business (BF)
District, to permit parking and display of used vehicles.
On August 17, 2010, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Carl "Duff' Hanson and Larry Hopfenspirger for an
amendment to a conditional use permit to expand an automobile dealership for the property
located at 615 Flying Cloud Drive, by adding a contiguous property located west of 615 Flying
Cloud Drive. The Planning Commission conducted a public hearing on the proposed Conditional
Use Permit 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: Parcel A: Fringe Business District (BF)
Parcel B: Fringe Business District (BF)
2. The property is guided by the 2030 Land Use Plan: Parcel A: Office
Parcel B: Agriculture
3. The legal description of the property is described as: Parcel A: Exhibit A
Parcel B: Exhibit B
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: The amended and restated CUP will not be detrimental or endanger the public
health, safety, comfort, convenience or general welfare of the neighborhood or city.
b. Will be consistent with the objectives of the City's Comprehensive Plan and this chapter.
Finding: While the 2030 Comprehensive Plan guides Parcel B as Agriculture, the city
must provide a reasonable use of the property based on the existing zoning of the
property, Fringe Business (BF) District, which permits an automobile dealership. Based
on the existing conditions of the site, which is paved, the expansion of the automobile
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dealership to include vehicle display and parking Parcel B is a reasonable use of the
parcel.
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 proposed expansion to include the existing parking lot for parking and
display of vehicles on Parcel B is compatible with the character of the area. There is an
automobile dealership located to the north across Flying Cloud Drive.
d. Will not be hazardous or disturbing to existing or planned neighboring uses.
Finding: The expansion of the automobile dealership meets the requirements for an
automobile dealership in the BF district as outlined in the City Code, and will not be
hazardous or disturb existing or planned neighboring uses.
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 services provided by the
persons or agencies responsible for the establishment of the proposed use.
Finding: The site is not serviced by municipal services and utilizes a well and septic
system.
f. Will not create excessive requirements for public facilities and services and will not be
detrimental to the economic welfare of the community.
Finding: Expansion of the automobile dealership will not create excessive requirements
for public facilities and services 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: Expansion of the automobile dealership will not negatively impact nor be
detrimental to surrounding uses or persons.
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 properties will be reduced from four accesses to three accesses
on Flying Cloud Drive. The additional parking should not create increased traffic
congestions as an automobile dealership is a destination and not a daily need.
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i. Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
Finding: The proposed expansion of the automobile dealership will not result in the
destruction, loss or damage of the solar access, natural, scenic or historic features of
major significance.
j. Will be aesthetically compatible with the area.
Finding: The expansion of the automobile dealership is aesthetically compatible with
the area. An automobile dealership is located north of the subject site across Flying
Cloud Drive.
k. Will not depreciate surrounding property values.
Finding: The use will not depreciate surrounding property values; rather it will utilize
the existing parking lot on the abutting vacant lot.
1. Will meet standards prescribed for certain uses as provided in this article.
Finding: The use is consistent with the City Code with regard to automobile dealerships
(Section 20 -283) and the BF zoning district.
5. The planning report, Planning Case #10 -10, dated August 17, 2010, prepared by Angie
Kairies, et al, is incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the Amended and
Restated Conditional Use Permit 97 -04, Planning Case #10 -10, to expand a used car dealership by
adding a contiguous property located west of 615 Flying Cloud Drive, zoned Fringe Business (BF)
District, to permit parking and display of vehicles.
ADOPTED by the Chanhassen Planning Commission this 17 day of August, 2010.
CHANHA . PLANNING ' v)MMISSION
BY: /1 r .d iki_/ /l■
'rhaiOr
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EXHIBIT A
PARCEL A LEGAL DESCRIPTION
The property described in the Certificate of Title appears therein as follows:
That part of Government Lot 3, Section 36, Township 116 North, Range 23 West of the 5
Principal Meridian described as follows: Commencing at the West quarter corner of said Section
36; thence Southerly along the West line of said Section 36 a distance of 14.65 feet; thence
Northeasterly, deflecting to the left 105 degrees 36 minutes 15 seconds, a distance of 1443.80
feet to the point of beginning of the land to be described; thence continuing Northeasterly, along
the last described course, a distance of 215.00 feet; thence Southeasterly at a right angle a
distance 148.00 feet; thence Southwesterly at a right angle a distance of 215.00 feet; thence
Northwesterly at a right angle a distance of 148.00 feet to the point of beginning.
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EXHIBIT B
PARCEL B LEGAL DESCRIPTION
A tract of land in the Northwest Quarter of Section 36, Township 116 North, Range 23
West described as follows:
Commencing at a point 1433.8 feet North 73 degrees 20 minutes East from the Southwest corner
of said Northwest Quarter, and said point lying in the center line of Trunk Highway 169; thence
South and at -right angle to said Trunk Highway a distance of 33 feet to the actual point of
beginning; thence continuing South at right angles from Trunk Highway 169 to the intersection
with the South line of the Northwest Quarter; thence West along said South line to the
intersection with the Southeasterly boundary of said Trunk Highway; thence Northeasterly along
said Southeasterly boundary to the actual point of beginning, Carver County, Minnesota.
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