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.
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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.
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