Findings of Fact and Recommendation - SignedCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES. MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of John Wicka to rezone property located at 1601 Lake Lucy Road.
On December 1, 2020. the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application of John Wicka to rezone property from Rural
Residential to Planned Unit Development —Residential. The Planning Commission conducted a
public hearing on the proposed Planned Unit 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 Rural Residential District. RR.
2. The propert is guided in the Land Use Plan for Residential Low Density.
�. f t ie property is shoEan in the attached Exhibit A.
The legal description o
4. The Zoning Ordinance directs the Planning Cona nission to consider six (6) possible
adverse affects of the proposed amendment. The six (6) affects and our findings
regarding them are:
a) The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the official city Comprehensive
Plan.
Finding: The proposed Planned Unit Development has been considered in relation to the
specific policies and provisions of the land use plan and has been found to be consistent
with the official city Comprehensive Plan. It complies with providing single-family
honties that meet density requirements.
b) The proposed use is or will be compatible e% ith the present and future land uses of the
area.
Finding: The proposed use is compatible with the present and future land uses of the
area. Staff has prepared an ordinance that will regulate the site and ensure specific
regulations are adhered to.
c) The proposed use conforms with all performance standards contained in the Zoning
Ordinance.
Finding: The proposed uses will conform `N ith all performance standards contained in
the Zoning Ordinance such as bluff setbacks. shorcland setbacks, etc. The ordinance
regulating the site will add additional higher standards and establish limitations that
govern the site.
d) The proposed use .N ill not tend to or actually depreciate the area in which it is
proposed.
Finding: The proposed use is consistent with and compatible with all surrounding
parcels that have been guided or have developed as single-family homes.
e) The proposed use can be accommodated with existing public services and will not
overburden the eity's service capacity.
Finding: The site is located within the Municipal Urban Service Area however. due to
the location of the island in relation to utilities and due to the potential impact on the
natural features of the site. the applicant will provide an on -site septic system and well.
The applicant also intends to sprinkle the home. These steps will ensure the proposed use
will not overburden the city's service capacity.
t) Traffic generation by the proposed use is %x ithin capabilities of streets serving the
property -
Finding: The request is for a single-family home and an accessory &elling unit. Traffic
generation by the proposed use is within capabilities of streets serving the property.
;. The planning report #2020-18 dated December 1.2020. prepared by Sharmeen AI-Jaff. et
al, is incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the Planned unit
Development.
ADOPTED by the Chanhassen Planning Commission this I" day of December, 2020.
CHANHAS EN PLANNING CQP
BY:
Its Chairman
LEGAL DESCRIPTION
EXHI BIT A
File No. 18-2840
Parcel 1: The East 33.00 feet of the Northeast Quarter of the Southeast Quarter of Section 3, Township 116
North, Range 23 West of the 5th Principal Meridian. (Torrens property)
Subject to an easement for public right of way purposes over and across the North 33.00 feet of the above
described property for Lake Lucy Road.
Parcel 2: The East 33.00 feet of Government Lot 1, Section 3, Township 116 North, Range 23 West of the5th
Principal Meridian. (Torrens property)
Parcel 3: That part of Government Lot 5, Section 2, Township 116 North, Range 23 West of the 5th Principal
Meridian described as follows:
Beginning at a point on the West line of said Government Lot 5 distant 1685.01 feet Southerly from the
Northwest comer of said Lot: thence Easterly, perpendicular to the West line of said Lot, 375.00 feet; thence
Southerly at a right angle, 50.00 feet: thence Easterly, at a right angle about 80 feet to the shoreline of Lake
Lucy;. thence Southeasterly, Northeasterly, Southeasterly, Southwesterly, Westerly, Northwesterly and
Northerly, along the shoreline of said lake, to the West line of said Government Lot 5: thence Northerly along
said West line, about 48 feet to the point of beginning, (Torrens property)
Parcel 4: That part of Lot Five (5), in Section Two (2), Township One Hundred Sixteen (116), Range
Twenty-three (23), Carver County, Minnesota, described as follows:
That part of the following described property:
Which lies Westerly of a line drawn from a point on the North line of the below described property distant
61.00 feet Easterly from the Northwest comer of said below described property to a point on the West line of
said below described property distant 240.00 feet Southerly from said Northwest corner.
Commencing at the Northwest comer of lot 5; thence East on North line of said Lot 5, 375 feet; thence South
parallel with the West line of said Lot 5, 1,716 feet; thence West parallel to the North line of said Lot 5, 375
feet to the West line of said Lot, thence North along said West side 1,716 feet to the place of beginning,
EXCEPTING THEREFROM the following described property: Commencing at a point on Section line between
sections 2 and 3, Township 116, Range 23, which point is 1427 feet South of the Northwest corner of Lot 5,
Section 2, Township 116, Range 23, thence running South 289 feet; thence East 375 feet; thence North 289
feet; thence West 375 feet to the place of beginning, situated in Lot 5, Section 2, Township 116, Range 23.
(Abstract Property)
Parcel 5: Outlot C, Whitetail Cove, according to the plat there of on file and of record in the office of the
County Recorder, Carver County, Minnesota. (Abstract Property)
Parcel 6: That part of the east 15.00 feet of Lot 4, Block 2, Lake Lucy Highlands, Carver County, Minnesota,
according to the recorded plat thereof which lies northerly of a line drawn perpendicular to the East line of
said Lot 4 from a point on said East line distant 255.00 feet southerly from the Northeast corner of said Lot 4.
That part of the East 15.00 feet of Lot 4, Block 2, Lake Lucy Highlands, Carver County, tnnesota, which lies
between lines erected perpendicular to the East line of said Lot 4 from points on said East line distant 255.00
and 501.00 feet, respectively, Southerly from the Northeast comer of Lot 4 according to the recorded plat
thereof.
That part of the East 25.00 feet of Lot 4, Block 2, Lake Lucy Highlands, Carver County, Minnesota, which lies
between lines erected perpendicular to the East line of said Lot 4 from points on said east line distant 501.00
feet and 968.00 feet, respectively, Southerly from the northeast corner of said Lot 4.
(1 8-284a1.PF Dr18-284Gf41)