Findings of FactCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
11001A
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Staff recommends that the City revoke three (3) Conditional Use Permits (2003 -08, Bakery;
1997 -05, Ham Radio Tower; and 1984 -20, Contractor's Yard). All of these conditional uses have
been discontinued for at least six (6) months and may now be revoked by the city per Section 20-
237 of City Code.
On May 6, 2014, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the revocation of three (3) Conditional Use Permits (2003 -08, 1997 -05 and
1984 -20). The Planning Commission conducted a public hearing on the proposed conditional use
permits 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 properties are currently zoned:
a. Industrial Office Park (IOP) (CUP 2003 -08)
b. Agriculture Estate (A2) (CUP 1997 -05)
c. Agricultural Estate (A2) (CUP 1984 -20)
2. The properties are guided by the Land Use Plan for:
a. Office Industrial (CUP 2003 -08)
b. Residential Large Lot and Agriculture (1997 -05)
c. Residential Low Density (1984 -20)
3. The legal description of the properties are described as:
a. Lot 1, Block 1, Chanhassen Lakes Business Park 8a' Addition (PID: 252210010)
(CUP 2003 -08)
b. P/O NW 1/4 NEl /4 LYING SELY OF A LINE PARALLEL WITH & 33' SELY
OF CENTER OF CO RD 10 LYING NWLY OF A LINE PARALLEL WITH &
350' SELY OF CENTERLINE & LYING NELY OF LINE DESC AS: COMM
AT NW CORN NEl /4 TH E ON N LINE NE1/4 3 10' TH S 328.58' TO
CENTERLINE OF CO (PID: 250030210) (CUP 1997 -05)
c. P/O SWl /4 SECT 10 DESC AS: COMM AT WI/4 CORN OF SECT 10 TH
S 1 *E ON W LINE SW 1/4 1213.4 FT TO PT OF BEG TH CONT S 1 *E ON W
LINE SW1/4 455.48' TH S 79 *E 177.77' TH S86 *E 100.40' TH S78 *E 194.14'
TH S74 *E 150' TH S47 *E 75.43' TH N82 *E 74.98' TH S58 *E 84.58'T (PID:
250101700) (CUP 1984 -20).
4. Conditional Use Findings:
a. Will not be detrimental to or endanger the public health, safety, comfort, convenience or
general welfare of the neighborhood or city.
Finding: These three (3) conditional uses have not been in use on their properties for at
least the past six (6) months, but most likely for much longer. The revocation of these
CUPS will not be detrimental or endanger the public health, safety, comfort, convenience
or general welfare of the neighborhood or city.
b. Will be consistent with the objectives of the City's Comprehensive Plan and this chapter.
Finding: The revocation of these CUPs is consistent with the City's Comprehensive
Plan and complies with Chanhassen City Code.
c. 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 that area.
Finding: There will not be any required alterations to any these properties for the
revocation of their CUPs. Therefore, the appearance and existing or intended character of
the neighborhoods in the general vicinity will not be changed.
d. Will not be hazardous or disturbing to existing or planned neighboring uses.
Finding: There will not be any required work done on these properties for the revocation
of their CUPs. Therefore, there will not be any hazardous or disturbing conditions for
existing or planned neighboring uses.
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.
Finding: There will be no alternation in services required by the revocation of these
CUPs. All of these properties are adequately serviced by the city or through services
provided by the persons or agencies responsible for the property.
f Will not create excessive requirements for public facilities and services and will not be
detrimental to the economic welfare of the community.
Finding: The use of public facilities and services will not be altered by the revocation of
these CUPs.
g. Will not involve uses, activities, processes, materials, equipment and conditions 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.
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Finding: The revocation of these CUPS will not involve uses that have the potential to
create any adverse conditions, as previously stated.
h. Will have vehicular approaches to the property which do not create traffic congestion or
interfere with traffic or surrounding public thoroughfares.
Finding: Access by motorized vehicles to these properties is currently adequate and will
not be altered by the revocation of these CUPs.
i. Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
Finding: The revocation of these CUPs 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.
Finding: These properties are currently aesthetically compatible with their areas and this
compatibility will not be changed by the revocation of their CUPs.
k. Will not depreciate surrounding property values.
Finding: The revocation of these CUPs will not have any effect on the surrounding
property values.
1. Will meet standards prescribed for certain uses as provided in this article.
Finding: The revocation of these CUPs is consistent with City Code regarding
Conditional Use Permits.
5. The planning report, Planning Case #2014 -13, dated May 6, 2014, prepared by Drew
Ingvalson, et al, is incorporated herein.
The Planning Commission recommends that the City Council approve the Revocation of
Conditional Use Permits 2003 -08, 1997 -05 and 1984 -20, Planning Case #2014 -13.
ADOPTED by the Chanhassen Planning Commission this 6a` day of May, 2014.
CHANHASSEN PLANNING COMMISSION
Its Chairman