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Findings of Fact and DecisionCITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (DENIAL) 1�RE Application of Naomi Carlson for determination of nonconforming uses on property located at 6411 Bretton Way which is zoned Single - Family Residential District, RSF — Planning Case #2012 -13. On October 22, 2012, the Chanhassen City Council met at its regularly scheduled meeting to consider the application. The City Council conducted a hearing on the proposed request. The City Council makes the following: FINDINGS OF FACT 1. The property is currently zoned Single - Family Residential District, RSF. 2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density Uses. 3. The legal description of the property is Tract C, RLS 105 and Outlots C & D, Curry Farms 2nd Addition. 4. Commercial or industrial uses are not permitted, conditional or interim uses in the Single - Family Residential District. 5. The Greenscapes Lawncare business performs landscaping, lawn care and snow removal services. 6. A landscaping, lawn care and snow removal business increases the intensity of the use of the property because the previous commercial uses were confined to the building, did not include the storage of landscaping equipment and supplies, did not have commercial vehicles being parked on the lawn or trailers stored outside overnight, did not have vehicles being driven away in the morning and returning in the evening, and were businesses that operated within the building. 7. The planning report #2012 -13 dated September 18, 2012, prepared by Bob Generous, is incorporated herein. 5. The city council report #2012 -13, dated October 22, 2012, prepared by Bob Generous is incorporated herein. DECISION The Chanhassen City Council determines that Greenscape Lawncare is an intensification of the use of the property and is therefore not in the best interest of the community to permit to occupy the premises and must vacate the property. ADOPTED by the Chanhassen City Council this 13 day of November, 2012. CITY OF CHANHASSEN BY: Mayor g: \plan\2012 planning cases\2012 -13 6411 bretton way zoning appeal- carlson \findings of fact and decision.doc 2