13-25 Findings of FactI3 -as
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Mark Undestad for an Interim Use Permit to permit grading in excess of 1,000
cubic yards.
On November 19, 2013 the Chanhassen Planning Commission met. at its regularly
scheduled meeting to consider the application of Mark Undestad for an interim use permit for the
property located at 8821 Sunset Trail. The Planning Commission conducted a public hearing on
the proposed interim use 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 A -2, Agricultural Estate District.
2. The property is guided by the Land Use Plan for Residential Low Density.
3. The legal description of the property is:
That part of the Southwest Quarter of the Northwest Quarter of Section 23, Township 116,
Range 23, Carver County, Minnesota described as follows:
Commencing at the Northeast corner of the Southwest Quarter of the Northwest Quarter of
said Section 23, Township 116, Range 23, thence south along the East line of said Southwest
Quarter of the Northwest Quarter 272.25 feet to the point of beginning, thence continuing
south along said East line 272.25 feet; thence west and parallel with the North line of said
Southwest Quarter of the Northwest Quarter 410.00 feet; thence north and parallel with the
East line of said Southwest Quarter of the Northwest Quarter 272.25 feet; thence east 410.00
feet to the point of beginning.
Subject to Sunset Trail
4. When approving a conditional 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 grading operation will not be detrimental to or endanger the public health, safety,
comfort, convenience or general welfare of the neighborhood or the city. The site work
will result in the creation of a storm water pond which will improve water quality.
b. The grading operation will be consistent with the objectives of the city's comprehensive
plan and the zoning code by creating a storm water pond and site berming. The
earthwork will be maintaining the site in a form suitable for residential use which is
compatible with the Comprehensive Plan and this chapter.
c. The grading operation 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 because the site will remain a
residential property.
d. The grading operation will not be hazardous or disturbing to existing or planned
neighboring uses because the grading and drainage will be contained within the site
perimeters. Additionally, hours of operation are limited and specific conditions of
approval will be in place and enforced by the city.
e. The grading operation 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 since development of the site will be delayed until urban services are
available. The grading is temporary which does not need to be served by public facilities
and services. The proposed grading will improve storm water management in this area.
f. The grading operation will not create excessive requirements for public facilities and
services and will not be detrimental to the economic welfare of the community since this
site already contains a single - family home. .
g. The grading operation will not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare due to excessive production of traffic, noise, smoke, fumes, glare, odors,
rodents, or trash. The conditions of the approval will provide standards by which the
activities should be minimized.
h. The grading operation will have vehicular approaches to the property which do not create
traffic congestion or interfere with traffic or surrounding public thoroughfares. Through
the use of signage, limits on the hours of operation, and the limited nature of the
operation, traffic impacts will be limited.
i. The grading operation will not result in the destruction, loss or damage of solar access,
natural, scenic or historic features of major significance. The grading operation is
limited.
j. The grading operation will be aesthetically compatible with the area since the grading and
re- vegetation of the site will improve the site storm water management.
k. The grading operation will not depreciate surrounding property values since the plan will
improve the site and its impacts on the surrounding properties.
1. The grading operation will meet standards prescribed for certain uses as provided in
Chapter 7, Article III of the Chanhassen City Code.
5. The planning report #2013 -25 dated November 19, 2013, prepared by Stephanie Bartels, et
al, is incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the interim use
permit to permit grading in excess of 1,000 cubic yards.
ADOPTED by the Chanhassen Planning Commission this 19th day of November, 2013.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman