Findings of Fact6 4- s-�
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Mathiowetz Construction Company and Gayle Degler for an Interim Use Permit
to permit grading in excess of 1,000 cubic yards.
On June 17, 2014 the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Mathiowetz Construction Company and Gayle Degler for
an interim use permit for the property located at 9111 Audubon Road. The Planning
Commission conducted a public hearing on the proposed interim use and conditional use which
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 A -2, Agricultural Estate District.
2. The property is guided by the Land Use Plan for Office Industrial use.
3. The legal description of the property is:
P/O GOVT LOT 2 & P/O W1/2 SEI /4 DESC AS: COMM AT NE CORN NWl /4 SEI /4
22 -116- 23 TH S 1320' TH W 66' TH S38 *W 157.08' TH S73 *W 287.1' TH S36 *W
125.4' THS17 *W 244.2 FR TH N82 *W 99' TH N 528' TO N LINE SW1/4 SEI /4 TH S
1029.5' TH SWTO A PT BEARING E 462'F
4. When approving an interim use permit, approvals follow the requirements of a conditional use
permit, the City must determine the capability of a proposed development with existing and
proposed uses. The general issuance standards of the conditional use Section 20 -232, include
the following 12 items:
a. The grading operation will not be detrimental to or endanger the public health, safety,
comfort, convenience or general welfare of the neighborhood or the city. The site work
will maintain water quality.
b. The grading operation will be consistent with the objectives of the city's comprehensive
plan and the zoning code. The earthwork will be maintaining the site in a form suitable
for office industrial use which is compatible with the Comprehensive Plan and this
chapter. Additionally, the grading plan will be revised to preserve the Bluff Creek
primary zone.
c. The grading operation will be designed, constructed, operated and maintained so to be
compatible in appearance with the existing or intended character of the general vicinity
and will not change the essential character of the site.
d. The grading operation will not be hazardous or disturbing to existing or planned
neighboring uses because the grading and drainage will be contained within the site
perimeters. Additionally, hours of operation are limited and specific conditions of
approval will be in place and enforced by the city.
e. The grading operation 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 since development of the site will be delayed until urban services are
extended through the property. The grading is temporary which does not need to be
served by public facilities and services except for roads.
f The grading operation will not create excessive requirements for public facilities and
services and will not be detrimental to the economic welfare of the community since this
site already contains a farm.
g. The grading operation will not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare due to excessive production of traffic, noise, smoke, fumes, glare, odors,
rodents, or trash. The conditions of the approval will provide standards by which the
activities should be minimized.
h. The grading operation will have vehicular approaches to the property which do not create
traffic congestion or interfere with traffic or surrounding public thoroughfares. Through
the use of signage, limits on the hours of operation, and the limited nature of the
operation, traffic impacts will be minimized.
i. The grading operation will not result in the destruction, loss or damage of solar access,
natural, scenic or historic features of major significance. The grading operation is
limited. The grading plans shall be revised to preserve the Bluff Creek corridor.
j. The grading operation will be aesthetically compatible with the area since the grading and
re- vegetation of the site will improve the site storm water management.
k. The grading operation will not depreciate surrounding property values since the plan will
improve the site and its impacts on the surrounding properties.
1. The grading operation will meet standards prescribed for certain uses as provided in
Chapter 7, Article III of the Chanhassen City Code.
5. The planning report #2014 -18 dated June 17, 2014, prepared by Alyson Fauske, et al, is
incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the interim use
permit to permit grading in excess of 1,000 cubic yards within the Bluff Creek corridor.
ADOPTED by the Chanhassen Planning Commission this 17a' day of June, 2014.
CHANHASSEN PLA ING COMMISSION
BY:
Its Chairman