FOF Chick-fil-A 04-19-2016CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Chick-fil-A Inc. and Chanhassen Shoppes, LLC. for Site Plan review with a
variance for hard cover.
On April 19, 2016, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Chick-fil-A Inc. and Chanhassen Shoppes, LLC. for Site
Plan Review with a variance to exceed the hard cover to construct a 4,775 square foot, one-story
restaurant buildings on the property located at 445 W. 79ffi Street. The Planning Commission
conducted a public hearing on the proposed conditional use and site plan, 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 Highway and Business Services District (BH).
2. The property is guided by the Land Use Plan for Commercial uses.
The legal description of the property is: Lot 2, Block 1, Zamor Addition
4. Site Plan. In evaluating a site plan and building plan, the city shall consider the
development's compliance with the following:
a. The proposed development, a commercial redevelopment of the property, is consistent
with the elements and objectives of the city's development guides, including the
comprehensive plan, official road mapping, and other plans that may be adopted;
b. The proposed development is consistent with the site plan review requirements and meets
all the specifications of city code subject to compliance with the conditions of approval
and approval of the hard cover variance;
c. The proposed development will preserve portions of the site in its natural state to the
extent practicable by minimizing tree and soil removal and designing grade changes to be
in keeping with the general appearance of the neighboring developed areas;
d. The proposed development creates a harmonious relationship of building and open space
with natural site features and with existing and future buildings having a visual
relationship to the development;
e. The proposed development creates functional and harmonious design for structures and
site features, with special attention to the following:
1. An internal sense of order for the buildings and use on the site and provision of a
desirable environment for occupants, visitors and general community;
2. The amount and location of open space and landscaping;
3. Materials, textures, colors and details of construction as an expression of the design
concept and the compatibility of the same with adjacent and neighboring structures
and uses; and
4. Vehicular and pedestrian circulation, including walkways, interior drives and parking
in terms of location and number of access points to the public streets, width of interior
drives and access points, general interior circulation, separation of pedestrian and
vehicular traffic and arrangement and amount of parking.
f The proposed development protects adjacent and neighboring properties through
reasonable provision for surface water drainage, sound and sight buffers, preservation of
views, light and air and those aspects of design not adequately covered by other
regulations which may have substantial effects on neighboring land uses.
5. Variance Findings — Section 20-58 of the City Code provides the following criteria for the
granting of a variance:
a. Variances shall only be permitted when they are in harmony with the general purposes
and intent of this Chapter and when the variances are consistent with the comprehensive
plan.
Finding: The granting of a variance will generally be in harmony with the purpose and
intent of the zoning ordinance. The property is zoned for commercial development,
which from a planning standpoint has an anticipated hard cover of 70 percent. With the
inclusion of storm water improvements that will improve the surface water discharges
from the site, the variance should be consistent with the comprehensive plan goals and
policies for water quality.
b. When there are practical difficulties in complying with the zoning ordinance. 'Practical
difficulties," as used in connection with the granting of a variance, means that the
property owner proposes to use the property in a reasonable manner not permitted by this
Chapter. Practical difficulties include, but are not limited to, inadequate access to direct
sunlight for solar energy systems.
Finding: The practical difficulty for this development is that it is not located within the
Central Business District which does not have a maximum hard cover limitation.
Additionally, the inclusion of the drive -thio and the joint driveway with the Chanhassen
Inn to the west does not permit the addition of perimeter landscaping, which is generally
used to meet green space requirements. The joint access with the property to the west
reduces green space by approximately 2,800 square feet.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The purpose of the variance is to permit an efficient operation of the site for a
restaurant.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The applicant is trying to redevelop a site that currently exceeds the hard cover
limitation by 17 percent (81.9 percent hard cover). Even with the addition of 0.26 acres
of land, the proposed development will exceed the hard cover by 11.5 percent.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The variance approval will not alter the character of the area since it is a
continuation of a commercial use of the property which exceeds the maximum hard cover
permitted in the BH district.
Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter.
Finding: This does not apply to this request.
6. The planning report #2016-08 dated April, 19, 2016, prepared by Robert Generous, et al, is
incorporated herein.
The Planning Commission recommends that the City Council approve the Site Plan with
variance subject to the conditions of the staff report.
ADOPTED by the Chanhassen Planning Commission this 19"' day of April, 2016.
CHANHASSEN PLANNING COMMISSION
BYa
Andrew er, airman