Findings of FactII -�k
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE: Application of Inspec and Minnetonka School District 276 — Planning Case No. 2011 -01,
Minnetonka Middle School West.
Request for an Interim Use Permit for grading for tennis court construction located at
Minnetonka Middle School West.
On January 4, 2011, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Inspec and Minnetonka School District 276 for an Interim
Use Permit for grading for tennis court construction. The Planning Commission conducted a
public hearing on the proposed development 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
The property is currently zoned OI, Office and Institutional District.
2. The property is guided in the Land Use Plan for Public /Semi - Public uses.
3. The legal description of the property is shown on the attached Exhibit A.
4. When approving an interim use permit the City must determine the capability of a proposed
development with existing and proposed uses. The general issuance standards of the
conditional use Section 20 -232, include the following 12 items:
a) The proposed development will not be detrimental to or endanger the public health,
safety, comfort, convenience or general welfare of the neighborhood or the city. All
reasonable and appropriate erosion control measures shall be used to protect the
public.
b) The proposed development will be consistent with the objectives of the city's
comprehensive plan and the zoning chapter and shall comply with the grading
requirements of Chapter 7 of the City Code.
C) The proposed development 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.
d) The proposed development will not be hazardous or disturbing to existing or
planned neighboring uses.
e) The proposed development 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.
f) The proposed development will not create excessive requirements for public
facilities and services and will not be detrimental to the economic welfare of the
community.
g) The proposed development 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.
h) The proposed development will have vehicular approaches to the property which do
not create traffic congestion or interfere with traffic or surrounding public
thoroughfares.
i) The proposed development will not result in the destruction, loss or damage of solar
access, natural, scenic or historic features of major significance.
j) The proposed development will be aesthetically compatible with the area.
k) The proposed development will not depreciate surrounding property values.
1) The proposed development will meet standards prescribed for certain uses as
provided in Chapter 7, Articles III, of the Chanhassen City Code.
5. The planning report #2011 -01 dated January 4, 2011, prepared by Robert Generous, et al,
is incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the proposed
development including an Interim Use Permit to allow site grading for the construction of tennis
courts.
ADOPTED by the Chanhassen Planning Commission this 4' day of January, 2011.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
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LEGAL DESCRIPTrON
The Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of Section
Three (3), Township One Hundred Sixteen (116), mange Twenty Three (23) West,
according to the U. S. Government Survey thereof, excepting therefrom the
35 f100ths acres conveyed by deed recorded in the office of the Register of
Deeds of Carver County, Minnesota, in Book 8 of Deeds, page 400, and that part
thereof conveyed by deed recorded in the office of the RegWer of Deeds of
Carver County, Minnesota, in Book 41 of needs, page 322, and subject to the
right, title and interest of the State of Minnesota in that strip of land conveyed
by deed recorded In the office of the Register of Deeds of Carver County,
Minnesota, in Book 33 of Deeds, page 25.
Also that part of Lot E. Bordwell Acres, not conveyed by said deed recorded in
the office of the Register of Deeds of Carver County, Minnesota, in Book 41 of
Deeds, page 322.
Subject to a permanent easement for roadway purposes as recorded in the office
of the Register of Deeds of Carver County, Minnesotc, in Book 64 of Deeds, page
32.
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