Findings of Fact
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of D & G of Chanhassen, LLC, for subdivision approval for a 21-lot and 2-
outlot residential development with a variance for a flag lot and a wetland alteration
permit for the crossing of a wetland with a public street.
On November 16, 2004, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application of D & G of Chanhassen, LLC for
preliminary plat approval 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 Single-Family Residential, RSF, District.
2. The property is guided in the Land Use Plan for Residential- Low Density.
3. The legal description of the property is: see attached Exhibit A
4. The Subdivision Ordinance directs the Planning Commission to consider seven
possible adverse effects of the proposed subdivision. The seven (7) effects and our
findings regarding them are:
a. The proposed subdivision is consistent with the zoning ordinance and meets all the
requirements of the RSF, Residential Single Family District;
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,
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and storm water drainage are suitable for the proposed development subject to the
conditions specified in this report.;
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 significant environmental damage;
f. The proposed subdivision will not conflict with easements of record, but will
provide all necessary and required easements; 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. In order to permit flag lots, the city must find that the following conditions exist:
a. The prevailing development pattern makes it unfeasible or inappropriate to construct
a public street. In making this determination, the city may consider the location of
existing property lines and homes, local or geographic conditions and the existence
of wetlands. Ideally, a roadway would have been extended straight south from
Cartway Lane with half the right-of-way contributed by each property. However,
the property to the east was developed previously with access off Meadow Lane.
b. After reviewing the surrounding area, it is concluded that an extension of the public
street system is not required to serve other parcels in the area, improve access, or to
provide a street system consistent with the comprehensive plan. Additional public
street access is not required for the property to the east which is already developed.
c. The use of the flag lot will permit enhanced protection of the city's natural resources
including wetlands and forested areas since the flag lot is sufficiently sized such that
any proposed structures can comply with all required wetland setbacks.
6. V ARIANCE FINDINGS - Flag Lot
a. The hardship is not a mere inconvenience, but provides a means for preserving
natural features on site.
b. The hardship is caused by the particular physical surroundings, shape or
typographical conditions of the land.
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c. The conditions upon which the request is based are unique and not generally
applicable to other property.
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.
7. The planning report #04-31 dated November 16,2004, revised February 15,2005
prepared by Robert Generous, et aI, is incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the
Preliminary Plat with a variance for the use of a flag lot and wetland alteration permit for
the Hidden Creek Meadows development.
ADOPTED by the Chanhassen Planning Commission this 15th day of February,
2005.
.~----.....
CHANHASSE!>l>PCÁNNINÒ COMMISSION
BY: C~~ct2_l
~
Its Chairman
g:\plan\2004 planning cases\04-31 - hidden creek rneadows\findings of fact revised.doc
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EXHIBIT A
All that portion of the northeast quarter of the northeast quarter of Section 6, Township
116 North, Range 23 West, lying south of the Minneapolis and St. Louis Railroad
Company's right-of-way as now established, Carver County, Minnesota.
Records of Carver County
Abstract Property
Property Address: 4001 Aster Trail, Chanhassen, MN 55331
AND
That part of Lot 8, Schmid's Acre Tracts, lying north of a westerly extension across said
Lot 8 of the south line of Lot 6, Schmid's Acre Tracts; together with an easement for
driveway purposes over and across the east 50 feet of that part of Lot 8, lying northerly of
a line parallel with and distant 16.5 feet southerly of a westerly extension of said south
line of said lot 6 across said Lot 8, Schmid's Acre Tracts.
Property Address: 3921 Aster Trail, Chanhassen, MN 55331
AND
That part of Lot 8, Schmid's Acre Tracts, lying south of a westerly extension across said
Lot 8 of the south line of Lot 6, Schmid's Acre Tracts.
Established Carver County, Minnesota
Records of Carver County
Abstract Property
Property Address: 3931 Aster Trail, Chanhassen, MN 55331
AND
Lot 7, Schmid's Acre Tracts, according to the recorded plat thereof on file and of record
in the Office of the Register of Deeds, Carver County, Minnesota.
Abstract Property
Property Address: 6301 Cartway Lane, Chanhassen, MN 55331
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