Findings of Fact-2
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of Life Time Fitness Corporation for a variance to permit lighting directed
skyward to architecturally highlight the buildings.
On September 7,2004, the Chanhassen Planning Commission met at its regularly
schedule meeting to consider the application of Alliant Engineering, Inc. and Life Time
Fitness Corporation for a variance for the property located at the southeast corner of TH 5
and TH 41, Lot 1, Block 1, Life Time Fitness to permit up-lighting of the buildings. The
Planning Commission conducted a public hearing on the proposed amendment and site
plan with variance 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 Planned Unit Development, PUD.
2. The property is guided by the Land Use Plan for officelindustrial uses.
3. The legal description of the property is: Lot 1, Block 1, Life Time Fitness.
4. The Board of Adjustments and Appeals shall not recommend and the City Council
shall not grant a variance to lighting standards unless they find the following facts:
a. The literal enforcement of this chapter would cause an undue hardship. Undue
hardship means that the property cannot be put to reasonable use because of its size,
physical surroundings, shape or topography.
Finding: The site is sufficiently illuminated to highlight the building. The architect
is using down-lighting to highlight the building in addition to the up-lighting. There
is no undue hardship in lighting the exterior of the buildings.
b. The conditions upon which a petition for a variance is based are not applicable,
generally, to other property within the same zoning classification.
Fnding: The city lighting standards require that lighting be directed downward to
reduce glare and limit the amount of night sky illumination. This standard applies to
all commercial, industrial and institutional developments.
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c. The purpose of the variation is not based upon a desire to increase the value or
income potential of the parcel of land.
Findings: The variation is not based on a desire to increase the value or income
potential of the parcel, but rather to highlight the building.
d. The alleged difficulty or hardship is a not self-created hardship.
Finding: The alleged difficulty or hardship is a self-created hardship The proposed
development can be illuminated following the city's lighting standards.
e. The granting of the variance will not be detrimental to the public welfare or injurious
to other land or improvements in the neighborhood in which the parcel is located.
Finding: The granting of the variance may be detrimental to the public welfare or
injurious to other land or improvements in the neighborhood in which the parcel is
located. Lighting of the site, directed skyward, could create additional night sky
illumination that may negatively impact the neighborhood and community.
f. The proposed variation will not impair an adequate supply of light and air to
adjacent property or substantially increase the congestion of the public streets or
increase the danger of fire or endanger the public safety or substantially diminish or
impair property values within the neighborhood.
Finding: The proposed variation will not impair an adequate supply of light and air
to adjacent property or substantially increase the congestion of the public streets or
increase the danger of fire or endanger the public safety or substantially diminish or
impair property values within the neighborhood.
7. The planning report #04-22 dated September 9,2004, prepared by Robert
Generous is incorporated herein.
RECOMMENDA TION
The Planning Commission recommends that the City Council deny the
variance to permit up-lighting of the Life Time Fitness buildings.
ADOPTED by the Chanhassen Planning Commission this 7th day of September,
2004.
CHANHASSEr COMMISSION
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Its Chairman
BY:
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