Findings of Fact - Signed CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Jason Pinski and Brian Burdick for a Conditional Use Permit(CUP)to allow a
drive-through pick-up window facility.
On September 7,2021, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application of Jason Pinski and Brian Burdick for a
conditional use permit for the property located at 530 West 79th Street, Unit 100. The Planning
Commission conducted a public hearing on the proposed conditional use 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 Highway and Business Services District(BH).
2. The property is guided by the Land Use Plan for Commercial use.
3. The legal description of the property is: Lot 4, Block 1, Frontier Development Park.
Carver County, Minnesota.
4. Section 20-232:
a. The proposed use will not be detrimental to or endanger the public health, safety,
comfort,convenience or general welfare of the neighborhood or the city. Traffic
circulation is contained on site and is adequately accommodated through appropriate
signage and the type of service delivery
b. The proposed use will be consistent with the objectives of the City's Comprehensive
Plan and the zoning ordinance. The development complies with City Code
requirements and is consistent with the Commercial land use designation.
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.
d. The proposed use will not be hazardous or disturbing to existing or planned
neighboring uses. It is similar to other uses in the area.
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, but
will promote economic development and be adequately served by existing public
infrastructure.
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. The use is consistent with other uses located along
West 79th Street.
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 will meet standards prescribed for certain uses as provided in
Chapter 20, Article IV of the City Code.
5. The Planning report#2021-18 dated September 7, 2021, prepared by Robert Generous, et
al, is incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the Conditional
Use Permit to permit a drive-through pick-up window facility subject to the following
conditions:
Building
1. Provide the City with a revised building plan showing the pick-up window.
Engineering
1. The applicant shall submit a striping and signage plan that ensures proper site circulation
for review and approval.
2. The applicant shall contact the City to ensure erosion control measures are in place prior
to construction of the drive-through area.
Planning
1. A menu board and ordering kiosk shall not be installed as part of the drive-through
facility.
2. The drive-through facility shall only be permitted for a pick-up window.
3. Landscaping shall be installed along the western property line parallel to the drive-
through. A landscape plan shall be submitted for City review and approval.
ADOPTED by the Chanhassen Planning Commission this 7`h day of September, 2021.
CHANHA EN PLANNING CO MISSION
BY:
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g:\plan\2021 planning cases\21-18 crisp&green cup for drive thru window\findings of fact crisp&green.docx