Finding of fact signedCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
1►1l"
Application of Chanhassen Frontier LLC for Site Plan approval for a 134 unit apartment building
(Venue) and a 19,000 square foot retail building (Aldi) with a variance for existing drive aisle
widths and a Registered Land Survey.
On June 20, 2017, the Chanhassen Planning Commission met at its regularly scheduled meeting
to consider the application of Chanhassen Frontier LLC for site plan approval with a variance and
a Registered Land Survey. The Planning Commission conducted a public hearing on the
proposed development 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 Central Business District, CBD.
2. The property is guided in the Land Use Plan for Commercial.
3. The legal description of the property is:
Parcel A
Lot 2, Block 1, Frontier Cinema Addition, Carver County Minnesota
Parcel B
Outlet A, Frontier Cinema Addition, EXCEPT that part thereof now platted into Chanhassen
Transit Station, described as follows:
Commencing at the southeast comer of said Outlot A, Frontier Cinema Addition, Carver
County, Minnesota; thence North 00 degrees 33 minutes 26 seconds West, an assumed
bearing, along the east line of said Outlot A, a distance of 110.00 feet; thence North 17
degrees 52 minutes 40 seconds East along said east line of Outlet A, a distance of 6.11 feet to
the point of beginning; thence North 11 degrees 09 minutes 45 seconds West a distance of
98.29 feet; thence North 78 degrees 50 minutes 15 seconds East a distance of 31.70 feet to
said east line of Outlet A; thence southerly along said east line of Outlet A to the point of
beginning.
Parcel C
Lot 3, Block 1, Chanhassen Transit Station, EXCEPT that part of said Lot 3 lying southerly
of Lot 2, Block 1, said Chanhassen Transit Station, and easterly of the following described
line:
Beginning at the northeast corner of Outlot A, Frontier Cinema Addition, said Carver
County, Minnesota; thence North 00 degrees 33 minutes 27 seconds West, assumed bearing
along the Northerly extension of the east line of said Outlot A, a distance of 40.00 feet;
thence South 89 degrees 26 minutes 33 seconds West a distance of 54.37 feet to the southerly
extension of the west line of said Lot 2; thence North 00 degrees 01 minutes 05 seconds
West, along said line extended a distance of 78.92 feet to the southernmost corner of said
west line and said line there terminating, Carver County, Minnesota.
4. Site Plan Review:
a. 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;
Finding: The proposed development complies with the elements and objectives of the
city's development guides and the zoning requirements for the site.
b. Is consistent with site plan division;
Finding: The proposed development complies with the Site Plan review requirements of
the Chanhassen City Code.
c. Preserves 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 or developing or developing areas;
Finding: The site has been significantly altered by previous uses on the parcel. The
proposed development design is in keeping with the general appearance of the
neighboring developed areas.
d. 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;
Finding: The proposed development creates a harmonious relationship of building and
open space with site features and with existing and future buildings having a visual
relationship to the development.
e. Creates a 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.
Finding: The proposed development creates a functional and harmonious design for
structures and site features, subject to compliance with the conditions of approval. The
proposed development improves pedestrian access throughout the area. The proposed
building improves the architectural appearance of the area.
e. 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.
Finding: The proposed development protects adjacent and neighboring properties
through reasonable provision for surface water drainage, which is being improved as part
of the development, sound and sight buffers, preservation of views, light and air and
traffic circulation.
5. Variance. 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 proposed variance for the drive aisle width will continue the existing non-
conformity of the existing parking lot areas. All other requirements including quantity
and location are in conformance with city code.
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 existing cross access and cross parking easements would require off-site
improvements to maintain uniformity of the parking lot layout. This area is not be
reconstructed with the construction of the new buildings.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The proposed variance is not due to economic considerations, but due to the
existing configuration of the parking lot for the multiple commercial buildings in this
area.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The existing parking lot configuration is due to the cross parking and cross
access easements in place for this commercial area.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The variance would continue the configuration of the parking lot that is tied in
to the adjacent parking lot.
f. 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 condition is not applicable.
6. Subdivision: The approval of a Registered Land Survey shall follow the process for
subdivision approval. The Subdivision Ordinance directs the Planning Commission to
consider seven possible adverse effects of the proposed subdivision. The seven (7) affects
and our findings regarding them are:
a. The proposed subdivision is consistent with the zoning ordinance and complies with all the
district regulations and requirements;
b. The proposed subdivision is consistent with all applicable city, county and regional plans
including but not limited to the city's comprehensive plan by creating single-family lots
within the density ranges required by the 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; and
g. The proposed subdivision is not premature. A subdivision is premature if any of the
following exists:
1). 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.
7. The planning report #2017-17, dated June 20, 2017 prepared by Robert Generous, et al, is
incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the Site Plan with
a variance for the drive aisle widths and Registered Land Survey for Venue apartments and Aldi
Grocery Store subject to the recommended conditions of approval contained within the staff
report.
ADOPTED by the Chanhassen Planning Commission this 20h day of June 2017.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman