15-08 Findings of FactCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Chris May for the following:
1. Preliminary Plat to replat of 2.74 acres into four lots with a variance to allow a neck lot —
Redstone Ridge.
On April 7, 2015, the Chanhassen Planning Commission met at its regularly scheduled meeting
to consider the application of Chris May for a Preliminary Plat with a variance — Redstone Ridge
(Planning Case 2015-08). The Planning Commission conducted a public hearing on the
proposed subdivision 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 RSF, Single Family Residential District.
2. The property is guided in the Land Use Plan for Residential Low Density (Net Density 1.2 —
4.0 units per acre).
3. The legal description of the property is shown on the attached Exhibit A.
4. The Subdivision Ordinance directs the Planning Commission to consider seven possible
adverse affects of proposed subdivision. The seven (7) affects and our findings regarding
them are:
a) The proposed subdivision is consistent with the zoning ordinance.
b) The proposed subdivision is consistent with all applicable city, county and regional plans
including but not limited to the city's comprehensive plan;
c) 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;
d) The proposed subdivision makes adequate provision for water supply, storm drainage,
sewage disposal, streets, erosion control and all other improvements required by this
chapter;
e) The proposed subdivision will not cause environmental damage;
f) The proposed subdivision will not conflict with easements of record.
g) The proposed subdivision is not premature. A subdivision is premature if any of the
following exists:
I . Lack of adequate storm water drainage.
2. Lack of adequate roads.
3. Lack of adequate sanitary sewer systems.
4. Lack of adequate off-site public improvements or support systems.
5. In evaluating a variance, the city shall consider the development's compliance with the
following:
Section 18-57. Streets. (r) Flag lots may be permitted in residential districts with a density of less
than four units per acre, if the criteria in variance section 18-22 are met and upon consideration
of the following:
(1) The prevailing development pattern makes it unfeasible or inappropriate to construct a
public/private street. In making this determination, the city may consider the location of
existing property lines and homes, local or geographic conditions and the existence of
wetlands.
(2) After reviewing the surrounding area, it is concluded that an extension of the public or
a private street system is not required to serve other parcels in the area, improve
access, or to provide a street system consistent with the comprehensive plan.
(3) The use of a flag lot will permit enhanced protection of the city's natural resources,
including wetlands and protected areas.
6. Sec. 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:
1) The hardship is not a mere inconvenience.
2) The hardship is caused by the particular physical surroundings, shape or typographical
conditions of the land.
3) The conditions upon which the request is based are unique and not generally applicable
to other property.
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.
7. The planning report #2015-08, dated April 7, 2015, prepared by Sharmeen Al-Jaff, et al, is
incorporated herein.
2
The Planning Commission recommends that the City Council approve the Preliminary
Plat with a Variance for the use of a neck lot, to replat of 2.74 acres into four lots, Redstone Ridge,
as shown in plans dated received February 14, 2015.
ADOPTED by the Chanhassen Planning Commission this 7' day of April, 2015.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman