Findings of Fact
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTŒS, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of The Pemtom Company and Beatrice Zwiers for a Comprehensive Plan Amendment to
incorporate the property in the current Metropolitan Urban Service Area (MUSA); a Rezoning from A2,
Agricultural Estate District, to RSF, Single Family Residential District; Subdivision Approval to create 58
lots (48 in Chanhassen), 8 outlots (3 in Chanhassen), and public right-of-way with a variance for street
width; and a Wetland Alteration Permit to fill and alter wetlands on site, on 55.6 acres (44.6 acres in
Chanhassen), Settlers West - Planning Case No. 04-05.
On April 20, 2004, the Chanhassen Planning Commission met at its regularly scheduled meeting to
consider the application of The Pemtom Company for comprehensive plan amendment, rezoning,
preliminary plat approval with a variance for street width and wetland alteration permit for development
of property. 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 Agricultural Estate District, A2.
2. The property is guided in the Land Use Plan for Residential - Low Density use.
3. The legal description of the property is: that part of the East Half of the Southeast Quarter of
Section 25, Township 116, Range 23, Carver County, Minnesota, which lies southeasterly of
the southeasterly right-of-way line of the Hennepin County Regional Railroad Authority, in
Carver County, Minnesota, per Property Map No. 15 as recorded in Document No. 189395
(formerly the Chicago and Northwestern Railroad Company).
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:
(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;
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(d) The proposed subdivision makes adequate provision for water supply, storm drainage,
sewage disposal, streets, erosion control and all other improvements required by this
chapter;
(e) The proposed subdivision will not cause 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 storm 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.
5. 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.
6. VARIANCE FINDINGS
(a) The hardship is not a mere inconvenience.
(b) The hardship is caused by the particular physical surroundings, shape or typographical
conditions of the land.
(c) The conditions upon which the request is based are unique and not generally applicable
to other property.
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(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 this chapter, the zoning ordinance and
comprehensive plan.
7. The planning report #04-05 dated April 20, 2004, prepared by Robert Generous, et aI, is
incorporated herein.
RECOMMENDA TION
The Planning Commission recommends that the City Council approve the
Comprehensive Plan Amendment incorporating the property in the 2000 Metropolitan Urban Service
Area, rezone the property from A2 to RSF, Preliminary Plat creating 48 lots, three outlots and right-of-
way for public streets with a variance for the public street and right-of way width and a wetland
alteration permit to alter and fill wetlands on site.
ADOPTED by the Chanhassen Planning Commission this 20th day of April, 2004.
CHANHA~G COMMISSION
~~rcd
BY:
Uli Sacchet, Its Chairman
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