Findings of Fact
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND ACTION
INRE:
Application of Carver County Parks for an amendment to Conditional Use Permit
(CUP #75-2) to eliminate horsepower restriction at Boat Access #1 in Lake
Minnewashta Regional Park, west of Highway 41, north of Ches-Mar Farm Road and
east of Lake Minnewashta - Planning Case No. 04-37.
On February 1,2005, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application of Carver County Parks for an amendment to
Conditional Use Permit (CUP #75-2) to eliminate horsepower restriction at Boat Access #1
in Lake Minnewashta Regional Park, west of Highway 41, north of Ches- Mar Farm Road
and east of Lake Minnewashta. The Planning Commission conducted a public hearing on the
proposed variance that 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 Rural Residential (RR).
2. The property is guided by the Land Use Plan for Park/Open Space.
3. The legal description of the property is: S Y2 of NW Ij.¡ of Section 4; S Y2 of Section 4;
NE Ij.¡ of SE Ij.¡ of Section 5; N Y2 of NW Ij.¡ of Section 9, Township 116, Range 023.
4. The Planning Commission shall recommend a conditional use permit and the council
shall issue such conditional use permits only if it finds that such use at the proposed
location:
a. Will not be detrimental to or damage the public health, safety, comfort, convenience
or general welfare of the neighborhood of the city.
b. Will be consistent with the objectives of the city's comprehensive plan and this
chapter.
c. Will be designed, constructed, operated and maintained so as 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. Will not be hazardous or disturbing to existing or planned neighboring uses.
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e. 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. Will not create excessive requirements for public facilities and services and will not
be detrimental to the economic welfare of the community.
g. Will not involve uses, activities, processes, materials, equipment and condition 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. Will have vehicular approaches to the property that do not create traffic congestion
or interfere with traffic or surrounding public thoroughfares.
1. Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
J. Will be aesthetically compatible with the area.
k. Will not depreciate surrounding property values.
1. Will meet standards prescribed for certain uses as provided in this article.
5. The planning report #04-37 conditional use permit amendment dated February 1,
2005, prepared by Josh Metzer, et ai, is incorporated herein.
ACTION
The Chanhassen Planning Commission approves the amendment to Conditional Use
Permit (CUP #75-2) to eliminate horsepower restriction at Boat Access #1 in Lake Minnewashta
Regional Park.
ADOPTED by the Chanhassen Planning Commission on this 1st day of February, 2005.
CHANHASrG COMMISSION
'~¿:¿¿.
BY:
Planning Commission Chairperson
g:\plan\2004 planning cases\04-37 - minnewashta regional park 75-2 cup amendment\findings of fact.doc
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