Findings of Fact and Recommendation - SignedCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES,MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of TPS Holding LLC for Site Plan approval for a 110-unit,three-story apartment
building(Lake Place)with a variance for building height.
On January 5, 2021,the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of TPS Holding LLC for site plan approval with a variance to
permit a 42-foot building height. 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 Planned Unit Development—Residential,PUD-R.
2. The property is guided in the Land Use Plan for Residential High Density use.
3. The legal description of the property is:
Lot 2, Block 1, Powers Ridge Apartment Homes 2nd Addition, 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 contingent on
approval of the height variance.
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 surrounding
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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 buildings having a visual relationship to
the development. The development will complete some internal pedestrian facilities
tying the project together.
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, 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 building will be in harmony with the building
heights in the rest of the Powers Ridge development. Additionally, this building is
located on the north side of the project so it will not impact solar access for the rest of the
site.
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 property owner is proposing a three-story apartment building similar to the
existing development, but updated to be equivalent and competitive with current design,
construction and energy standards. The building uses 10-foot first floor and nine-foot
second and third floor ceiling heights rather than eight-foot ceilings and provides one-
foot six-inch floor trusses for efficient mechanical design. The roof design also adds
approximately four feet to the overall building height.
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. The planning report#2021-04, dated January 5, 2021, 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
a variance for the building height for Lake Place Independent Living apartments subject to the
recommended Conditions of Approval contained within the staff report.
ADOPTED by the Chanhassen Planning Commission this 5th day of January, 2021.
CHANHASSEN PLANNING COMMISSION
BY:
V
Steven Weick, Chairman
g:\plan\2021 planning cases\21-04 1361 lake drive w.lake place(powers ridge apt.bldg c)\findings of fact lake placedoc
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