Findings of Fact - Signed CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of Laketown Builders for Subdivision approval.
On December 3, 2019, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Boylan Shores for preliminary plat approval of property
into three lots and four outlots. 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 Single-Family Residential - RSF.
2. The property is guided in the Land Use Plan for Low Density Residential.
3. The legal description of the 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:
SUBDIVISION FINDINGS
a. The proposed subdivision is consistent with the zoning ordinance;
Finding: The subdivision meets all the requirements of the RSF, Residential Single-
Family District and the zoning ordinance if the conditions of approval are met.
b. The proposed subdivision is consistent with all applicable city, county and regional plans
including but not limited to the city's comprehensive plan;
Finding: The proposed subdivision is consistent with the Comprehensive Plan and
subdivision ordinance if the conditions of approval are met.
c. The physical characteristics of the 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.
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;
Finding: The proposed subdivision will provide adequate urban infrastructure subject to
the conditions specified in this report.
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 open 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 if any of the
following exists:
1) 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 if the
specified conditions of approval are met.
VARIANCE FINDINGS
VARIANCE
Section 18-57. Streets. (r)Private streets serving up to four(4) lots may be permitted in the A2,
RR, RSF and R4 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 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
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 private street will permit enhanced protection of the city's natural
resources, including wetlands and protected areas.
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:
VARIANCE FINDINGS WITHIN SUBDIVISONS
The city may grant a variance from the regulations of the subdivision ordinance 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.
Finding: The hardship is not a mere inconvenience. The proposed private street preserves
significant site features.
2) The hardship is caused by the particular physical surroundings, shape or typographical
conditions of the 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 and not generally
applicable to other properties due to the unique site features.
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 of a 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 applicant is proposing to access the site via a private street.
This option will minimize grading and tree removal as well as provide less potential conflict
with vehicles on Minnewashta Parkway.
The applicant's request is reasonable. Staff is recommending approval of this request.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the Preliminary
Plat.
ADOPTED by the Chanhassen Planning Commission this 3rd day of December 2019.
CHANHAS EN PLANNING COM ISSION
BY: % 'AY
Steven Weick jr
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