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Findings of Fact114-69 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Lennar Corporation — Planning Case No. 2014 -09, Boulder Cove Development Request for Preliminary Plat creating 31 lots, 3 outlots and right -of -way for public street (13.38 acres); and a Variance to allow a 1,200 foot -long cul -de -sac on property zoned to RLM, Residential Low and Medium Density District located north of Highway 7, East of Church Road and South of West 62 "d Street. On April 1, 2014, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Lennar Corporation for a single - family residential development. The Planning Commission conducted a public hearing on the proposed development 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 RLM, Residential Low and Medium Density District. 2. The property is guided in the Land Use Plan for Residential — Low Density 3. The legal description of the property is described on the attached Exhibit A. 4. Subdivision Findings: SUBDIVISION - FINDINGS The proposed subdivision is consistent with the zoning ordinance; Findine: The subdivision meets all the requirements of the RLM District and the zoning ordinance if the length of cul -de -sac variance is approved. 2. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with the comprehensive plan. The site is guided for a density ranging between 1.2 — 4 units per acre. The subject site is proposed to have a gross density of 2.32 and a net density of 3.99 units per acre. 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; Finding: The proposed site is suitable for development subject to the conditions specified in this report. 4. The proposed subdivision makes adequate provision for water supply, stone drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision is served by adequate urban infrastructure. 5. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause excessive environmental damage subject to conditions of approval. The proposed subdivision contains adequate open areas to accommodate house pads. 6. The proposed subdivision will not conflict with easements of record. Finding: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. 7. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. C. Lack of adequate sanitary sewer systems. d. Lack of adequate off -site public improvements or support systems. Finding: The proposed subdivision will have access to public utilities and streets. VARIANCE FINDINGS See. 18-22. Variances. The city council may grant a variance from the regulations contained in this chapter as part of the plat approval process following a finding that all of the following conditions exist: VARIANCE FINDINGS WITHIN SUBDIVISONS The city may grant a variance from the regulations of the subdivision ordinance as part of the plat approval process following a finding that all of the following conditions exist: 1) The hardship is not a mere inconvenience. Finding: The hardship is not a mere inconvenience. The proposed cul -de -sac length promotes public safety. 2 2) The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land; Finding: The hardship is due to the removal of access to Highway 7. 3) The conditions upon which the request is based are unique and not generally applicable to other property. Finding: The conditions upon which the request is based are unique to this site and not generally applicable to other properties due to its location next to Highway 7 and the fact that all properties north of the subject site are developed making a second access unfeasible. 4) 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. Finding: The granting of a 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. The applicant is providing local access to properties that currently access via Highway 7. 5. The planning report #2014 -09 dated April 1, 2014, prepared by Sharmeen Al -Jaff et.al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the proposed development including a Preliminary Plat creating 31 lots, 3 outlots and right -of -way for public streets (13.38 acres); and Variance to allow a 1,200 foot -long cul -de -sac on property zoned RLM, Residential Low and Medium Density District. ADOPTED by the Chanhassen Planning Commission this l' day of April, 2014. CHANHASSEN PLANNING COMMISSION BY: / lZit Its n Chairman aC.L'I Exhibit A PROPERTY DESCRIPTION; That part of the following described parcel lying Easterly of R.L.S. No. 15, according to the Registrar of Titles, Carver County, Minnesota All that part of Section 5, Township 116 North, Range 23 West described as follows, to wit; Commencing at the Southwest corner of the Southeast Quarter of Section 32, Township 117 North, Range 23 West; thence Easterly along the North line of said Section 5, Township 116, Range 23, a distance of 478.50 feet; thence South 585.20 feet; thence South 62 degrees 00 minutes 00 seconds West 687.50 feet; thence North 16 degrees 30 minutes 00 seconds West 196.60 feet; thence South 73 degrees 18 minutes 00 seconds West 198.50 feet: thence North 16 degrees 20 minutes 00 seconds West 795.80 feet to the North line of said Section 5; thence Easterly along said North line of said Section 5, a distance of 598.20 feet to point of beginning, the East line of said property above described runs in a North and South direction. AND That part of the following described parcel lying Westerly of Line A; All that part of Section 5, Township 116 North, Range 23 West, described as follows; Beginning at a judicial landmark on the North line of said Section 5, a distance of 478.50 feet East of the South Quarter Corner of Section 32, Township 117 North of Range 23 West; thence East along the North line of said Section 5 to the Northwesterly line of the right —of —way of State Trunk Highway No. 7 which right - of —way is set forth and described in Case No. 9902 on file in the office of the Clerk of District Court, Carver County. Minnesota; thence Southwesterly along said right —ef —way to its intersection with a line drawn through the point of beginning and forming an interior angle of 90 degrees 35 minutes 00 seconds with the North line of said Section 5; thence North to beginning, according to the United States Government Survey thereof and situated in Carver County, Minnesota. Line A is described as follows: Commencing at the Southwest corner of the Southeast Quarter of Section 32, Township 117, Range 23, Hennepin County. Minnesota; thence on an assumed bearing of North 69 degrees 17 minutes 04 seconds East, along the south line of said Southeast Quarter, a distance of 885,18 feet to the point of beginning of said Line A; thence South 05 degrees 25 minutes 46 seconds West, a distance of 154.44 feet; thence 165.71 feet Southerly on a non — tangential curve. concave Westerly, having a central angle of 158 degrees 14 minutes 39 seconds a radius of 60.00 feet, a chord bearing of South 03 degrees 48 minutes 07 seconds West and a chord distance of 117.84 feet; thence South 30 degrees 22 minutes 28 seconds East to the Northwesterly right— of—way line of State Trunk Highway No. 7 and said Line A there terminating. 0