Findings of Fact - SignedCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Black Cherry Development LLC for an Interim Use Permit for excavation of
existing wetland along with excavated borrow being placed on a location within the parcel.
On January 5, 2021, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Black Cherry Development LLC for an Interim Use
Permit for the property located at Outlot A, Butternut Ridge Addition, (PID 25.1550022)and
Outlot E, Foxwood(PID 25.2990510, city-owned) and 9197 Eagle Ridge Road PID 250240811.
The Planning Commission conducted a public hearing on the proposed conditional use and 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 Agricultural Estate District, A-2.
2.The property is guided by the Land Use Plan for Residential Low Density use.
3.The legal description of the property is: Outlot A, Butternut Ridge Addition and Outlot
E, Foxwood Addition.
4.Section 20-232:
a. The proposed use will not be detrimental to or enhance the public health, safety,
comfort, convenience or general welfare of the neighborhood or the city. The
proposed grading will enhance the aesthetics of the area.
b. The proposed use will be consistent with the objectives of the city's Comprehensive
Plan and the zoning ordinance by preserving and enhancing the wetland function and
value.
c. The proposed use will be designed, constructed, operated and maintained so to be
compatible in appearance with the existing or intended character of the general
vicinity and will not change the essential character of that area. The proposed pond
will enhance the appearance of the area.
d. The proposed use will not be hazardous or disturbing to existing or planned
neighboring uses. The proposed use will enhance the planned neighboring uses.
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e. The proposed use will be served adequately by essential public facilities and services,
including streets,police and fire protection, drainage structures, refuse disposal,water
and sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of the
proposed use.
f. The proposed use will not create excessive requirements for public facilities and
services and will not be detrimental to the economic welfare of the community. The
storage capacity of the wetland will improve stormwater management for the area.
g. The proposed use will not involve uses, activities,processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare because of excessive production of traffic, noise, smoke, fumes,
glare, odors, rodents, or trash.
h. The proposed use will have vehicular approaches to the property which do not create
traffic congestion or interfere with traffic or surrounding public thoroughfares.
i. The proposed use will not result in the destruction, loss or damage of solar access,
natural, scenic or historic features of major significance.
j. The proposed use will be aesthetically compatible with the area.
k. The proposed use will not depreciate surrounding property values.
1. The proposed use meets standards prescribed for certain uses as provided in Chapter
20,Article IV of the City Code.
5.The Planning Commission shall recommend an Interim Use Permit and the City Council
shall issue an Interim Use Permit only if it finds, based on the proposed location, that:
a. The use meets the standards of a Conditional Use Permit set forth in Section 20-
232 of the City Code.
b. The use conforms to the zoning regulations.
c. The use is allowed as an interim use in the zoning district.
d. The date or event that will terminate the use can be identified with certainty upon
completion of the grading and restoration.
e. The use will not impose additional costs on the public if it is necessary for the
public to take the property in the future.
f. The user agrees to any conditions that the City Council deems appropriate for
permission of the use.
6.The planning report#2021-03 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 Interim Use
Permit to permit the excavation of the wetland and storage of soil on the property in anticipation
of the eventual development of the site subject to the conditions of the staff report.
ADOPTED by the Chanhassen Planning Commission this 5th day of January, 2021.
CHANHASSEN PLANNING COMMISSION
BY: ' 1; I
Steven Weick, 6hairman
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