Findings of Fact and Recommendation - Signed CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Chanhassen Butcher, LLC and Chanhassen West 79th Street, LLC for Site Plan
review with a variance for hardcover.
On September 3, 2019,the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application of Chanhassen Butcher, LLC and Chanhassen
West 79th Street, LLC for Site Plan Review to add exterior patio decks of 677 square feet and
900 square feet to a one-story restaurant building with a variance to the site hardcover on the
property located at 590 W. 79th 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.
3. The legal description of the property is: Lot 4, Block 1, Crossroads Plaza 3`' Addition,
Carver County, Minnesota
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, an expansion on the existing restaurant development
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;
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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 the
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—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 zoning of the property limits hard cover to 65 percent. As originally
approved,the site was given a variance to permit a restaurant with a liquor license, which
requires a significant amount of parking, relative to other commercial uses. Had the
property been located north of the railroad tracks, there would not be a hardcover
limitation and no variance would be required. The use is a permitted use in the zoning
district.
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
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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 proposed patio area is consistent with other restaurant uses in the
community. By adding the roof over the southerly patio, they created additional
hardcover. In addition, the city is requiring that they install more sidewalks on the site,
further increasing the hardcover.
c. That the purpose of the variation is not based upon economic considerations
alone.
Finding: The variance request is not solely based upon economic considerations, but
allows for a restaurant operation consistent with their business model.
d. The plight of the landowner is due to circumstances unique to the property not
created by the landowner.
Finding: The property is located in a zoning district that has severe limitations on
hardcover, but permits uses that require significant parking standards. The proposed
development has a floor area ratio (F.A.R.) of only 0.14. Normally, commercial uses
have a F.A.R. of 0.2 or higher.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The proposed patios are very similar to the patios on the restaurants directly to
the east of the site.
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 does not apply to this request.
6. The planning report#2019-10 dated September 3, 2019, prepared by Robert Generous, et
al, is incorporated herein.
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RECOMMENDATION
The Planning Commission recommends that the City Council approve the Site Plan with
variance for hardcover subject to the conditions of the staff report.
ADOPTED by the Chanhassen Planning Commission this 3rd day of September, 2019.
CHANHASSEN PLANNING COMMISSION
BY:
v:teven Weick, i.irman
g:Aplan\2019 planning cases\19-08 tequila butcher-applebees site 590 w.79th street\findings of fact tequila butcher.docx
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