Findings of Fact and RecommendationCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Galpin Blvd. Partners, LLC and Charles Song for subdivision approval to subdivide
9.37 acres into 4 lots with a variance for a private street.
On October 16, 2012, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Galpin Blvd. Partners, LLC and Charles Song for
subdivision approval to subdivide 9.37 acres into 4 lots with a variance for a private street. 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 Planned Unit Development — Residential (PUD -R).
2. The property is guided in the Land Use Plan for Residential Low Density use.
3. The legal description of the property is Lot 1, Block 1, Song Addition.
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:
1) The proposed subdivision is consistent with the zoning ordinance;
2) The proposed subdivision is consistent with all applicable city, county and regional
plans including but not limited to the city's comprehensive plan;
3) 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;
4) The proposed subdivision makes adequate provision for water supply, storm
drainage, sewage disposal, streets, erosion control and all other improvements
required by this chapter;
5) The proposed subdivision will not cause environmental damage;
6) The proposed subdivision will not conflict with easements of record; and
7) The proposed subdivision is not premature. A subdivision is premature if any of the
following exists:
a. Lack of adequate storm water drainage.
b. Lack of adequate roads.
C. Lack of adequate sanitary sewer systems.
d. Lack of adequate off -site public improvements or support systems.
5. Variance Findings — Private Street
a. The hardship is not a mere inconvenience, but provides a means for preserving
natural features on site, specifically the wetland to the north of the entrance to the
property. Construction of a public street would significantly impact the wetland and
lead to additional tree removal.
b. The hardship is caused by the particular physical surroundings, shape or
typographical conditions of the land. The wetland and site topography limit the
location of the street.
C. The conditions upon which the request is based are unique and not generally
applicable to other property due to natural features on the property including wetlands
and topography.
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 the subdivision ordinance, the
zoning ordinance and comprehensive plan. Access to adjacent properties is both
unnecessary and infeasible due to wetlands.
6. The planning report #2012 -16, dated October 16, 2012, prepared by Robert Generous, et al,
is incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the Preliminary
Plat creating four lots with a variance for a private street.
ADOPTED by the Chanhassen Planning Commission this 16 day of October 2012.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
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