Findings of FactCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
IL- -1 (10
Application of Eureka Construction and Brad Moe for an Interim Use Permit to permit grading,
excavation and slope restoration.
On May 20, 2014, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Eureka Construction and Brad Moe for an interim use
permit for the property located at 1601 & 1701 Bluff Creek Drive. The Planning Commission
conducted a public hearing on the proposed interim 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 RR, Rural Residential District.
2. The property is guided by the Land Use Plan for Residential Large Lot.
3. The legal description of the property is:
Lot 7, Block 1, The Hesse Farm 2nd Addition and Lots 6 and 7, Block 1, The Hesse Farm
2nd Addition
4. When approving 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 result in the stabilization and re- vegetation of the slope and the reduction in site
erosion.
b. The grading operation will be consistent with the objectives of the city's comprehensive
plan and the zoning code by creating a future development area that may be developed
consistently with the land use designation of the property and through the protection and
stabilization of the slopes. The earthwork will be maintaining the site in a form suitable
for residential use which is compatible with the Comprehensive Plan and this chapter.
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 that area because the site will be re-
vegetated and the slopes stabilized reducing site erosion. The aesthetics of the site will be
enhanced with the establishment of berming and site vegetation.
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.
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
available. The use is temporary which does not need to be served by public facilities and
services. The proposed grading will prepare the site for future development.
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
is a temporary use.
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.
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 site will be re- vegetated.
j. The grading operation will be aesthetically compatible with the area since the grading and
re- vegetation of the site will improve the site aesthetics.
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 -16 dated May 20, 2014, prepared by Alyson Fauske, eta], is
incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the interim use
permit to permit grading, excavation and restoration.
ADOPTED by the Chanhassen Planning Commission this 201h day of May, 2014.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman