Findings of Fact and Recommendation - Signed CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT AND
RECOMMENDATION
IN RE:
Application of Todd Degler and Gayle Degler for an amendment to Interim Use Permit#2021-13 to
operate an Agritourism business.
On March 1, 2022, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Todd Degler and Gayle Degler for an amendment of the
termination time frame for the Interim Use Permit for the property located at 9111 Audubon Road
(County Road 15). The Planning Commission conducted a public hearing on the proposed
conditional use and 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
1. The property is currently zoned Agricultural Estate District, A-2.
2. The property is guided by the Land Use Plan for Office Industrial use.
3. The legal description of the property is: See Exhibit A.
4. Section 20-232:
a. The proposed use will not be detrimental to but will enhance the public health, safety,
comfort, convenience or general welfare of the neighborhood or the city by providing a
unique experience.
b. The proposed use will be consistent with the objectives of the City's Comprehensive Plan
and the zoning ordinance by meeting the standards of each.
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. The use will be buffered from
adjacent properties and will preserve the Bluff Creek Primary Zone.
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.
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.
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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 Interim Use Permit and the City Council
shall issue interim permits only if it finds, based on the proposed location, that:
a. The use meets the standards of a conditional 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#2021-13A dated March 1, 2022, prepared by Robert Generous, et al, is
incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the amendment to
Interim Use Permit#2021-13 regarding Agritourism at 9111 Audubon Road to extend the
termination date to 50 years subject to the conditions of the staff report.
ADOPTED by the Chanhassen Planning Commission this 1st day of March, 2022.
CHANHASSEN PLANNING COMMISSION
BY: 14(4,6„._.0.,
Mark von Oven, Chairman
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EXHIBIT A
To the following described Real Estate situated in Carver County, Minnesota.
(A) The Northwest Quarter of the Southeast Quarter(NW'/4 of SE'/4 of Section 22, Township
116, Range 23, containing 40 acres of land, more or less.
(B) Also, beginning at the post in South line of Northwest Quarter of Southeast Quarter(NW'/
of SE' ) Section 22, Township 116, Range 23, One (1) chain West from the Southeast(SE) Corner
of said Northwest quarter of Southeast quarter(NW' of SE'/4); thence South 38'/2 dgs. West 2.38
chains; thence South 73 dgs. West 4.35 chains; thence South 36'/2 dgs. West 1.90 chains; thence
South 17'/2 dge. West 3.70 chains; thence North 82 dgs. West 1.50 chains to a point in North and
South middle line of Southwest quarter of Southeast quarter(SW'%of SE'/4); thence North along said
middle line 8.00 chains to a post in South line of Northwest Quarter of Southeast Quarter(NW'/4 of
SE'/4); thence East 10.00 chains to place of beginning, situated in East Half(E'/2)of Southwest
Quarter of Southeast Quarter(SW'/4 of SEA), Section 22, Township 116, Range 23, containing 3.60
acres.
(C) Also, Commencing at a post on center line of Section 22,Township 116, Range 23, which
post bears South 4.20 chains from center post of said Sec. 22; thence South 15.32 chains to Quarter
Quarter post; thence North 44'/2 dgs. West 27.90 chains; thence East 15.32 chains; thence South 4.28
chains; thence East 4.28 chains to place of beginning, situated in Lot 2, Sec. 22, Township 116,
Range 23 and containing 17.37 acres, more or less.
(D) Also, Beginning at the Quarter Section post on South line of Section 22, Township 116,
Range 23, running thence North along center line of said Section 20.00 chains to middle line of
Southeast quarter(SE'/4) of said Section; thence East along said middle line 10.00 chains; thence
South parallel with first mentioned line 15.75 chains to a point in the center of a creek; thence
Southerly along center of said creek to South line of said Section; thence West 7.00 chains to place
of beginning, containing 19 acres of land more or less, situated in West half of Southwest quarter of
Southeast quarter(W'/2 of SW' of SE%) of Section 22, Township 116, Range 23.
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