Findings of Fact and Recommendation - SignedCITY OF CHANHASSEN
CARVER AND HENNEPN COI.JNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
N RE: Application of Schutrop Building & Development Corp. and Black Cherry Development -
Planning Case No. 2021-15, Eagle BluffAddition.
Request for rezoning from Agricultural Estate (A-2) to Single-Family Residential (RSF)
and subdivision approval creating two lots and one outlot with a Variance for the use ofa private
street and from the private street width requirement located at 9197 Eagle Ridge Road.
On July 20. 2021, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the apptication of Schutrop Building & Development Corp. and Black Cherry
Development 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
l. The property is currently zoned Agricultural Estate District (A-2).
2. The property is guided in the Land Use Plan for Residential - Low Density uses.
3. The legal description ofthe property is shown on the attached Exhibit A'
4. . REZONING FINDINGS
The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse
affects ofthe 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 ofand has been found to be consistent with the oflicial city comprehensive
Plan.
b. The proposed use is or will be compatible with the present and future land uses of the
area.
c. The proposed use conforms with all performance standards contained in the Zoning
Ordinance.
d. The proposed use will not tend to or actually depreciate the area in which it is proposed'
e. The proposed use can be accommodated with existing public services and will not
overburden the city's service capacity.
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f. Traffic generation by the proposed use is within capabilities ofstreets serving the
property.
5. SUBDI\ISIONFINDINGS
a. The proposed subdivision is consistent with the zoning ordinance and meets all 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 ofthe 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 eas€ments ofrecord, but rather will expand
and provide all necessary easements.
g. The proposed subdivision is not prematune. A suMivision is premature if any of the
following exists:
1 .) tack of adequate stormwater drainage.
2.) Lack of adequate roads.
3.) Lack of adequate sanitary sewer systems.
4.) Lack ofadequate off-site public improvements or support systems.
6. VARJANCE FINDINGS WITH A SUBDIVISION.
a. The hardship is not a mere inconvenience by providing reasonable access to two properties
while reducing potential impacts to trees and the wetland on the site;
b. The hardship is caused by the particular physical surroundings, shape or topographical
conditions ofthe land including wetlands and retaining walls;
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 ofthe 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 this chapter, the zoning ordinance and
comprehensive plan since it will reduce potentially significant impacs on the site.
7. The planning report #2021-15 dated July 20,2021, prepared by Robert Generous, et al, is
incorporated herein.
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RECO ATION
The Planning Commission recommends that the City Council approve the proposed
rezoning from Agricultural Estate (A-2) to Single-Family Residential (RSF) and suMivision
approval creating two lots and one outlot with a Variance for the use ofa private street and from
the private street width for a single-family detached subdivision.
ADOPTED by the Chanhassen Planning Commission this 20n day ofJuly, 2021.
CHANHASSEN PLANN OMMISSION
BY:
[\N-n,.n&c.n , V ,ceO**'Q
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Exhibit A
LEGAL DESCRIPTION
Tract A:
That part ofthe south 732.28 feet ofthe north 762.28 feet ofthe Southwest Quarter ofthe
Southwest Quarter, Section 24, Township I l6 North. Range 23 West, Carver County, Minnesota,
lying east of the west 271 .79 feet thereof and westerly of the centerline of State Highway No. l0l
EXCEPT that part thereof described as follows:
That part ofthe north 180 feet ofthe east 16.00 feet ofthe west 287'79 feet ofthe Southwest
Quarter ofthe Southwes Quarter, Section 24, Township I 16 North, Range 23 West, Carver County,
Minnesota. lying south ofthe north 30.00 feet thereof.
Tract B:
That part ofthe west 271.79 feet on the north 762.28 feet ofthe Southwest Quarter ofthe Southwest
Quarter, Section 24, Township I 16 North, Range 23 West, Carver County, Minnesota and that part
ofthe North 30.00 feet of said Southwest Quarter ofthe Southwest Quarter, lying east ofthe west
271.79 feet thereofand westerly of the centerline ofthe State Highway No. l0l described as:
That part of the north 330.00 feet of the east 16.00 feet of the west27l.79 feet of the Southwest
Quarter ofthe Southwest Quarter Section 24, Township I 16 North, Range 23 West, Carver County.
Minnesota. lying south ofthe north 180 feet thereof.
EXCEPTING from the above Tracts A and B the following:
That part ofthe Southwest Quarter ofthe Southwest Quarter ofSection 24, Township I l6 North,
Range 23 West, shown as Parcel 7lB on Minnesota Departrnent of Transportation Right of Way
Plat Numbered l0- 19 as the same is on file and of record in the office of the County Recorder in
and for Carver County, Minnesota.
And also excepting:
That part ofthe S outh 732.28 feet of the North 762.28 feet ofthe Southwest Quarter ofthe
Southwest Quarter of Section 24, Township I l6 North, Range 23 West, Carver County, Minnesota.
lying westerly of the westerly right of way line of Trunk Highway No. l0l, Minnesota Department
ofTransportation Right of Way Plat no. l0-19, 1046 and l0-47 according to the recorded plats
thereoi Carver County, Minnesota, and easterly ofthe following described line:
Commencing at the intersection of the South line of said North 762.28 feet and said westerly right
ofway line: thence on an assumed bearing ofNorth 89 degrees 53 minutes 00 seconds West for a
distance of 16.48 feet along said south line to the point ofbeginning ofthe line to be described;
thence northerly 360.89 feet along a non-tangential curve, concave to the east, central angle 23
degrees 12 minutes 25 seconds, radius 891.00 feet, chord bearing North 02 degrees 0l minutes 29
seconds West; thence North 09 degrees 34 minutes 44 seconds East 361 .10 feet: thence North l0
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degrees 37 minutes 4l seconds East 18.22 feet to the North line of the South 732.28 feet of the
North 762.28 feet and said line there terminating.
And also excepting:
Parcel 27lB on Minnesota Deparunent of Transportation Right of Way Plat Numbered 1047,
Cawer County, Minnesota.
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