Findings of Fact
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTŒS, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of Lecy Bros. Homes for Subdivision approval to create five lots with a
variance to the street standards to provide 50-foot right-of-way - Crestview, Planning
Case No. 05-02.
On January 4,2005, the Chanhassen Planning Commission met at it's regularly
scheduled meeting to consider the application of Lecy Bros. Homes for preliminary plat
approval of property with variances. 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 Single-Family Residential District, RSF.
2. The property is guided in the Land Use Plan for Residential- Low Density.
3. The legal description of the property is: Outlot A, Shively Addition.
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 with a setback
variance to improve tree preservation;
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, storm
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, but shall
provide all required easements; and
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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. VARIANCE FINDINGS SUBDNISION
a. The hardship is not a mere inconvenience, but is used to enhance tree preservation.
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. The right-of-way width for the extension of Crestview
Drive is consistent with the existing roadway width.
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 the subdivision ordinance, the
zoning ordinance and comprehensive plan.
6. V ARIANCE FINDINGS - SETBACK
a. The literal enforcement of the ordinance creates a hardship. Undue hardship
means that the property cannot be put to reasonable use because of its size, physical
surroundings, shape or topography. Reasonable use includes a use made by a
majority of comparable property within 500 feet of it. The intent of this provision is
not to allow a proliferation of variances, but to recognize that there are pre-existing
standards in this neighborhood. Variances that blend with these pre-existing
standards without departing downward from them meet this criteria.
b. The conditions upon which a petition for a variance is based are not applicable,
generally, to other property within the same zoning classification. The proposed
setback variance enhances tree preservation.
c. The purpose of the variation is not based upon a desire to increase the value or
income potential of the parcel of land, but to facilitate tree preservation.
d. The hardship is not self-created by the developer, but due to the fact that the
applicant is attempting to preserve contiguous areas of trees at the perimeter of
the development.
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e. The variance if approved will not be detrimental to the public welfare or injurious
to other land or improvements in the neighborhood in which the parcel is located.
f. The proposed variation will not impair an adequate supply of light and air to
adjacent property.
7. The planning report #05-02, dated January 4,2005, prepared by Robert Generous,
et aI, is incorporated herein.
RECOMMENDA TION
The Planning Commission recommends that the City Council approve the
Preliminary Plat with a variance for the street right-of-way width and deny the front yard
,
setback variance.
ADOPTED by the Chanhassen Planning Commission this 4th of January, 2005.
CHANHA¢ÑP~ING COMMISSION
L__...___ /J./
~~~~/
BY:
Its Chairman
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