Findings of Fact - Signed2
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Chick-fit-A, Inc. and ATT Shops LLC for variances for setbacks and hard cover.
On December 7,2021,the Chanhassen Planning Commission, acting as the Board of
Adjustments and Appeals, met at its regularly scheduled meeting to consider the application of
Chick-fiI-A, Inc. and ATT Shops LLC for a variance for a 13.4 foot setback to construct a
cnnopy over the order stations and a variance to exceed the hard cover by 15.3 percent to expand
the drive-through to two lanes on the property located at 445 W. 79s Street. The Planning
Commission conducted a public hearing on the proposed variances, which 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
The property is currently zoned Highway and Business Services District (BH).
The property is guided by the Land Use Plan for Commercial use.
The legal description of the property is: Lot 2, Block I , Zamor Addition.
Variance Findings - Section 20-58 of the City Code provides the following criteria for the
granting ofa variance:
Variances shall only be permitted when they are in harmony with the general purposes
and intent of this Chapter and when the variances are consistent with the Comprehensive
Plan.
Finding: The granting of a variance will be in harmony with the purpose and intent of
the zoning ordinance. The property is zoned for highway, commercial development,
which is oriented to vehicular use and access. With the inclusion of stormwater
improvements that will improve the surface water discharges from the site, the variance
should be consistent with the Comprehensive Plan goals and policies for water quality
and should improve site circulation and customer satisfaction.
b. When there are practical difficulties in complying with the zoning ordinance. "Practical
difiiculties," as used in connection with the granting ofa variance, means that the
property owner proposes to use the property in a reasonable manner not permitted by this
Chapter.
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c
Finding: The applicant is proposing an enhanced drive-through facility and trying to
improve site circulation and service delivery efficiency. The proposed use is a reasonable
use of the prope(y. The practical difficulty for this developmenl is the size and shape of
the prop€rty as well as the location ofthe drive-through. The use is a vehicular oriented
business, which requires a significant amount ofhard cover, but is not located within the
Central Business District, which does not have a maximum hard cover limitation.
Additionally, the inclusion ofthe drive-through and thejoint driveway with the Panera
Bread to the west does not permit the addition of perimeter landscaping, which is
generally used to meet green space requirements. Thejoint access with the property to
the west reduces green space by approximately 2,800 square feet, representing five
percent ofthe site hard cover.
That the purpose ofthe variation is not based upon economic considerations alone.
Finding: The purpose of the variance is to permit an efficient operation of the site for a
restaurant.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The size and shape of the property as well as the location of the drive-through
constrain the site development. The applicant is trying to develop a site that currently
exceeds the hard cover limitation by 12.5 percent (77.5 percent hard cover). The
proposed development will exceed the hard cover by 15.3 percent (80.3 percent hard
cover).
The variance, if granted, will not alter the essential character ofthe locality.e
Finding: The variance approval will not alter the character ofthe area since it is a
continuation of a commercial use ofthe property, which exceeds the maximum hard
cover permitted in the BH district.
f. Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter.
Finding: This does not apply to this request.
6. The planning report #2021-08 dated December 7,2021, prepared by Robert Generous, et al,
is incorporated herein.
The Planning Commission, acting as the Board of Adj ustments and Appeals, approves
the requested setback and hard cover variances subject to the following conditions:
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DECISION
Buildine
l. A building permit must be obtained before beginning any construction.
2. Building plans must be prepared and signed by design professionals licensed in the State
of Minnesota.
4. Building plans must provide sufficient information to verify that proposed building meets
all requirements of the Minnesota State Building Code; additional comments or
requirements may be required after plan review.
5. Structure proximity to property lines and other buildings will have an impact on the Code
requirements for the proposed buildings, including but not limited to, allowable size,
protected openings and fire-resistive construction. These requirements will be addressed
when complete building and site plans are submitted.
6. Retaining walls (if present) more than four feet high must be designed by a professional
engineer and a building permit must be obtained prior to construction.
2. The applicant shall supply a signage and striping plan for the site for review prior to the
commencemenl of any site improvements.
3. The grading and installation of any improvements shall meet all applicable jurisdictional
requirements including, but not limited to, MnDOT and Riley Purgatory BluffCreek
Watershed District, and all applicable permits and/or approvals shall be obtained prior to
any site improvements.
Environmental Resources
Any existing landscaping not noted for replacement in plans dated November 3,2021 lhat
is damaged or removed will be required to be replaced prior to final completion.
2. The applicant shall provide security for site landscaping.
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3. Engineered plans must be prepared and signed by design professionals licensed in the
State of Minnesota.
Enqineering
l. Any area that encroaches into a public drainage and utility easement shall require an
encroachment agreement be executed and recorded prior to the commencement ofany
site improvements.
Fire
I . If the canopy is not the proper distance from the building and fully non-combustible, a
sprinkler system would be required.
2. Surmountable curbing shall be installed along the northem drive-through aisle and
parking lot to permit emergency egress along the sidewalk to the parking lot.
ADOPTED by the Chanhassen Planning Commission this 7s day of Decembet,2\2l.
CHANHASSEN MMISSION
BY:
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