Findings of fact 2CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE: Application of Chanhassen Gateway Place, LLC for a Preliminary Plat to subdivide property into three lots and two outlots (GATEWAY NORTH) and a Site Plan request with variances
for the construction of a multifamily building (GATEWAY PLACE) – Planning Case No. 06-05
On February 7, 2006, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Chanhassen Gateway Place, LLC for Preliminary Plat to subdivide
property into three lots and two outlots and a Site Plan request with variances for the construction of a multi-family building for the property located at the northwest intersection
of the future alignment of Highways 101 and 212. The Planning Commission conducted a public hearing on the proposed subdivision 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
The property is currently zoned PUD, Planned Unit Development – Mixed Use.
The property is guided in the Land Use Plan Mixed Use development.
The legal description of the property is attached as exhibit A.
The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse affects of the proposed subdivision. The seven (7) affects and our findings regarding them
are:
The proposed subdivision is consistent with the zoning ordinance;
The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan;
The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water
drainage are suitable for the proposed development;
The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter;
The proposed subdivision will not cause environmental damage;
The proposed subdivision will not conflict with easements of record, but shall provide all new required easements.
The proposed subdivision is not premature. A subdivision is premature if any of the following exists:
Lack of adequate storm water drainage.
Lack of adequate roads.
Lack of adequate sanitary sewer systems.
Lack of adequate off-site public improvements or support systems.
In evaluating a site plan and building plan, the city shall consider the development's compliance with the following:
a. Consistency with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted;
b. Consistency with this division;
c. Preservation of the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance
of the neighboring developed or developing or developing areas;
d. Creation of a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development;
e. Creation of functional and harmonious design for structures and site features, with special attention to the following:
1. An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community;
2. The amount and location of open space and landscaping;
3. Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses;
and
4. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives
and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking.
f. Protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those
aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses.
The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts:
a. That the literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings,
shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of
variances, but to recognize that there are pre-existing standards in this neighborhood. Variances that blend with these pre-existing standards without departing downward from them
meet these criteria.
b. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification.
c. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land.
d. The alleged difficulty or hardship is not a self-created hardship.
e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located.
f. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger
of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood.
The planning report #06-05, dated February 7, 2006, prepared by Sharmeen Al-Jaff, et al, is incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the Preliminary Plat and Site Plan with a variance for reduction in the number of enclosed parking spaces.
ADOPTED by the Chanhassen Planning Commission this 7th day of February, 2006.
CHANHASSEN PLANNING COMMISSION
BY:___________________________________
Its Chairman