Findings of Fact - Signed CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of David and Sharon Gatto for an Interim Use Permit(IUP)to construct a berm on
their property.
On October 19, 2021,the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of David and Sharon Gatto for an IUP for the property
located at 9631 Foxford Road. The Planning Commission conducted a public hearing on the
proposed IUP 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 property is guided by the Land Use Plan for Residential Large Lot use.
3. The legal description of the property is: Lot 14, Block 3, Lake Riley Woods, 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.
b. The proposed use will be consistent with the objectives of the City's Comprehensive
Plan and the zoning ordinance.
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.
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.
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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 will meet standards prescribed for certain uses as provided in
Chapter 20, Article IV of the City Code.
5. The Planning Commission shall recommend an IUP and the City Council shall issue an
IUP only if it finds, based on the proposed location, that:
a. The use meets the standards of an Interim 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.
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 No. 2021-24 dated October 19, 2021, prepared by Robert Generous,
et al, is incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the Interim Use
Permit subject to the conditions of the staff report.
ADOPTED by the Chanhassen Planning Commission this 19th day of October, 2021.
CHANHASSEN PLANNING OMMISSION
BY:
ark von Oven, Vice Chairman
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