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Findings of Fact and Recommendation - SignedCITY OF CHANHASSEN CARVER AND HENNEPIN COLTNTIES, MINNESOTA IN RE: Application ofPaul Eidsness for Subdivision approval. On May 21,2019, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Lotus Woods for preliminary plat approval of property into two lots with a right-of-way variance. The Planning Commission conducted a public hearing on the proposed subdivision preceded by published and mailed notice. The Planning Commission ireard testimony fiom all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Single-Family Residential District (RSF)' 2. The property is guided in the Land Use Plan for Low Density Residential. 3. The legal description ofthe property is: See Attached Exhibit A 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse affects of the proposed subdivision. The seven affects and our findings regarding them are: SUBDI VISION FINDINGS a. The proposed suMivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the Single-Family Residential District (RSF), and the zoning ordinance ifthe conditions of approval are met. b. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limiled to the city's comprehensive plan; Finding: The proposed subdivision is consistent with the comprehensive plan and subdivision ordinance ifthe conditions of approval are met' The physical characteristics ofthe site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and stormwater drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to the conditions specified in this report. The proposed suMivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision will provide adequate urban infrastructure subject to the conditions specified in this report. c d TINDINGS OF FACT AND RECOMMENDATION e. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause significant environmental damage subject to conditions of approval. The proposed subdivision contains adequate op€n areas to accommodate house pads. f. The proposed subdivision will not conflict with easements of record; and Finding: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. g. The proposed subdivision is not premature. A subdivision is premature ifany ofthe following exists: l) Lack of adequate stormwater drainage. 2) Lack of adequate roads. 3) Lack of adequate sanitary sewer systems. 4) Lack of adequate off-site public improvements or support systems. Finding: The proposed subdivision will have access to public utilities and streets ifthe specified conditions of approval are met. 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 ofthe following conditions exist: I ) The hardship is not a mere inconvenience. Finding: The hardship is not a mere inconvenience. The 50-foot right-of-way will allow the street width to be consistent with streets in the surrounding area. 2) The hardship is caused by the particular physical surroundings, shape or topographical conditions ofthe land; Finding: The hardship is caused by the particular physical surroundings, shape and topographical conditions of the land. 3) The conditions upon which the request is based are unique and not generally applicable to other property. Finding: The conditions upon which the request is based are unique to this site and not generally applicable to other properties due to the fact that all streets in the immediate surrounding area have a width of40 - 50 feet. 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. Finding: The granting ofa 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. The request, if granted, will allow the right-of-way to be consistent with the sr,urounding area. VARIANCE FINDINGS )The planning repo rt #2017 -06, dated May 21,2019, prepared by Sharmeen Al-Jaff, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Preliminary ADOPTED by the Chanhassen Planning Commission this 21" day of May 2019. CHANHASSEN PLANNING COMMISSION BY: Plat. Steve Weick, g:\rlanUo l7 planning caset\I746 lot$ woods (formerly eidsness) subdivision\findings of fact-docx