Findings of Fact - SignedCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE: Application of Luis Berrospid—Planning Case No. 2019-13, Berrospid Addition.
Request for Subdivision Approval creating three lots and right-of-way for public streets
with a Variance for the use of a flag lot and private street located at 7406 Frontier Trail.
On October 20,2020,the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application of Luis Berrospid for a single-family residential
development. 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
I. The property is currently zoned Single-Family Residential District, RSF.
2. The property is guided in the Land Use Plan for Residential—Low Density uses.
3. The legal description of the property is shown on the attached Exhibit A.
4. SUBDIVISION FINDINGS
a. The proposed subdivision is consistent with the zoning ordinance and meets all of the
requirements of the"RSF"Single-Family Residential District;
b. The proposed subdivision is consistent with all applicable city,county and regional plans
including but not limited to the city's 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 stormwater
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 significant environmental damage subject to
compliance with conditions of approval;
f. The proposed subdivision will not conflict with easements of record,but rather will expand
and provide all necessary easements;
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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.
5. VARIANCE FINDINGS WITH A SUBDIVISION
a. The hardship is not a mere inconvenience by providing reasonable access to three properties
while reducing potential impacts to the natural features on the site;
b. The hardship is caused by the particular physical surroundings, shape or topographical
conditions of the land including trees; a public street is not necessary to provide access to
adjacent properties;
c. The condition or conditions upon which the request is based are unique and not generally
applicable to other property because of the previously stated conditions of the property;
d. The granting of a variance will not be substantially detrimental to the public welfare and is
in accord with the purpose and intent of subdivision regulations,the zoning ordinance and
Comprehensive Plan since it will reduce potentially significant impacts on the site.
6. The planning report#2019-13 dated October 20, 2020, prepared by Robert Generous, et al, is
incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the proposed
Preliminary Plat approval for two lots and public right-of-way with a Variance for the use of a flag
lot and private street for a single-family detached subdivision.
ADOPTED by the Chanhassen Planning Commission this 20th day of October, 2020.
CHANHASSEN/PLANNING COMMISSION
Steven Weick, Chai an
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Exhibit A
Lot 19, Auditor's Subdivision No. 2,Carver County, Minnesota,except that part described as
follows: Commencing at the most Southerly corner of said Lot 19,thence North along the West
line of said lot 340 feet,thence Easterly deflecting at an angle of 90°10' to the right from said last
described course, a distance of 272.8 feet;thence Northeasterly deflecting to the left at an angle of
27°44' from said last described course,a distance of 309.6 feet to a point in the Northeasterly line of
said Lot 19;thence Southeasterly along the Northeasterly line of said Lot 19 a distance of 162.21
feet more or less,to the Southeasterly or most Easterly corner of said lot,thence Westerly and
Southwesterly along the Southerly line of Lot 19 to the point of beginning.
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