13-09 Findings of FactCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Marty Schutrop for Rezoning, Subdivision approval with Variance and
Conditional Use Permit.
On May 21, 2013, the Chanhassen Planning Commission met at its regularly scheduled meeting
to consider the application of Marty Schutrop for preliminary plat approval to create three lots
and one outlot with a variance for the use of a private street and a conditional use permit for
development within the Bluff Creek Overlay District. 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
The property is currently zoned Agricultural Estate District (A -2).
The property is guided in the Land Use Plan for Residential Low Density use.
The legal description of the property is: That part of the NE 1/ of the SW 1/ of Section 9,
Township 116, Range 23 described as follows:
Beginning at the center of section 9 thence west along the north line of said SW '/0 228.05
feet then deflecting left 49 degrees 15 minutes a distance of 514.8 feet along the easterly
right -of -way line of Highway 41 then deflecting left 130 degrees 45 minutes on line
parallel to north line of said SW '/ 571 feet to point on east line of the SW '/ 390 feet
south of center of said section, then north on east line of SW '/ 390 feet to the point of
beginning.
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.
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, stone drainage,
sewage disposal, streets, erosion control and all other improvements required by the
subdivision ordinance;
e. The proposed subdivision will not cause significant 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 stone 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. The city may grant a Variance from the regulations contained in the subdivision
ordinance as part of the plat approval process following a finding that all of the following
conditions exist:
a. The hardship is not a mere inconvenience, but is due to the property being accessed
from Highway 41;
b. The hardship is caused by the particular physical surroundings, shape or topographical
conditions of the land with the Bluff Creek headwaters located to the south and east
of the site and the need to preserve existing site vegetation to screen the site from the
highway;
c. The condition or conditions upon which the request is based are unique and not
generally applicable to other property since it is located adjacent to Highway 41 and
surrounded by the Bluff Creek primary zone;
d. The granting of a 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 the comprehensive plan.
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7. Conditional Use Permit:
a. The proposed development will not be detrimental to or degrade the public health,
safety, comfort, convenience or general welfare of the neighborhood or the city.
b. The proposed development will be consistent with the objectives of the city's
comprehensive plan and this chapter.
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 the Conditional Use article.
The planning report #2013 -09 dated May 21, 2013, prepared by Robert Generous et al is
incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the Rezoning,
Preliminary Plat with Variances and the Conditional Use Permit.
ADOPTED by the Chanhassen Planning Commission this 21st day of May, 2013.
CHANHASSEN PLANNING COMMISSION
BY: (12
Its Chairman