Findings of Fact and Recommendation - Signed CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES,MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE: Application of Black Cherry Development, LLC —Planning Case No. 2021-12A, Erhart
Farm.
Request for Rezoning from Agricultural Estate District (A2)to Single-Family Residential
District(RSF), Subdivision Approval creating 24 lots and eight outlots with a Variance from the
tree replacement regulations.
On April 19, 2022, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Black Cherry Development, LLC for an amendment to an
approved preliminary single-family residential development. The Planning Commission
conducted a public hearing on the proposed development 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(A2).
2. The property is guided in the Land Use Plan for Residential—Low Density uses.
3. The legal description of the property is:
(See Exhibit A)
4. REZONING FINDINGS
The Zoning Ordinance directs the Planning Commission to consider six(6)possible adverse
affects of the proposed amendment. The six(6) affects and our findings regarding them are:
a. The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the land use and housing goals of
the 2040 Comprehensive Plan;
b. The proposed use is or will be compatible with the present and future single-family
residential and open space land uses of the area;
c. The proposed use conforms with all performance standards contained in the Zoning
Ordinance;
d. The proposed use will not tend to or actually depreciate the area in which it is proposed,
but will enhance the residential character of the area;
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e. The proposed use can be accommodated with existing and proposed public services and
will not overburden the City's service capacity;
f. Traffic generation by the proposed use is within capabilities of streets serving the
property.
5. SUBDIVISION FINDINGS
a. The proposed subdivision is consistent with the Zoning Ordinance and meets all of the
requirements of the"RSF'Single-Family Residential District;
b. The proposed subdivision is consistent with all applicable city, county and regional plans
including but not limited to the City's Comprehensive Plan;
c. The physical characteristics of the site, including but not limited to topography, soils,
vegetation,susceptibility to erosion and siltation, susceptibility to flooding, and stormwater
drainage are suitable for the proposed development;
d. The proposed subdivision makes adequate provision for water supply, storm drainage,
sewage disposal, streets, erosion control and all other improvements required by the
subdivision ordinance;
e. The proposed subdivision will not cause significant environmental damage subject to
compliance with the conditions of approval;
f. The proposed subdivision will not conflict with easements of record,but rather will expand
and provide all necessary easements;
g. The proposed subdivision is not premature. A subdivision is premature if any of the
following exists:
1) Lack of adequate stormwater drainage.
2) Lack of adequate roads.
3) Lack of adequate sanitary sewer systems.
4) Lack of adequate off-site public improvements or support systems.
6. VARIANCE FINDINGS WITH A SUBDIVISION
a. The hardship is not a mere inconvenience;
b. The hardship is caused by the particular physical surroundings, shape or topographical
conditions of the land including trees;
c. The condition or conditions upon which the request is based are unique and not generally
applicable to other property because of the development design and wetland preservation;
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d. The granting of a variance will not be substantially detrimental to the public welfare and is
in accord with the purpose and intent of subdivision regulations,the Zoning Ordinance and
Comprehensive Plan since it will reduce potentially significant impacts on the site and
within the neighborhood.
7. The planning report#2021-1A2 dated April 19, 2022,prepared by Robert Generous, et al, is
incorporated herein.
RECOMMENDATION
The Planning Commission recommends that City Council approve the proposed rezoning
from Agricultural Estate District(A2) to Single-Family Residential District(RSF); and amended
Preliminary Plat approval for 24 lots and eight outlots,and a Variance from the tree replacement
requirements subject to the conditions of the staff report.
ADOPTED by the Chanhassen Planning Commission this 19th day of April, 2022.
CHANHASSEN PLANNING COMMISSION
26.BY: ^'
Mark von Oven. Chairman
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EXHIBIT A
Legal Description
Parcel 1: That part of Outlot A, Butternut Ridge Addition,according to the recorded plat thereof,
Carver County, Minnesota, lying easterly and northeasterly of the following described line:
Beginning at the most southerly northeast corner of said Outlot A, said point also being the
northeast corner of Section 26,Township 116 North, Range 23 West;thence South 00 degrees 28
minutes 49 seconds East,assuming the most southerly north line of said Outlot A has a bearing of
North 89 degrees 58 minutes 27 seconds East,a distance of 566.98 feet;thence South 75 degrees 21
minutes 54 seconds East 655.69 feet to an angle point in the southerly line of said Outlot A, and said
line there terminating.
EXCEPTING THEREFROM the following:
That part of Outlot A, Butternut Ridge Addition,Carver County, Minnesota,lying westerly of the
westerly right of way line of Trunk Highway No. 101, MINNESOTA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY PLAT NO. 10-46,AND 10-47,according to the recorded
plats thereof,Carver County, Minnesota,and easterly of the following described line:
Commencing at point B7 of said right of way plat; thence South 89 degrees 34 minutes 41 seconds
West,assumed bearing, along the south line of said Outlot A 32.22 feet to the point of beginning of
a line to be described;thence northerly 200.91 feet along a non-tangential curve, concave to the
west,central angle 20 degrees 11 minutes 41 seconds,radius 570.00 feet, chord bearing North 09
degrees 18 minutes 16 seconds West;thence northwesterly 435.88 feet along a compound curve,
concave to the southwest,radius 703.00 feet, central angle 35 degrees 31 minutes 29 seconds;
thence North 54 degrees 55 minutes 36 seconds West, along tangent,516.07 feet to a point on said
westerly right of way line and said line there terminating.
ALSO EXCEPTING THEREFROM the following:
That part of Outlot A, Butternut Ridge Addition according to the recorded plat thereof, Carver
County, Minnesota lying westerly of a line described as follows:
Commencing at the South corner of Lot 2,Block 4, Foxwood,according to the recorded plat thereof
Carver County, Minnesota;thence on an assumed bearing of North 00 degrees 02 minutes 05
seconds West along the East line of said Lot 2 a distance of 189.51 feet to the Northeast corner of
said Lot 2 and the point of beginning of said line; thence South 48 degrees 05 minutes 58 seconds
East 61.09 feet;thence South 41 degrees 54 minutes 02 seconds West 134.40 feet to the
Southwesterly line of said Lot 2 and said line there terminating.
TOGETHER WITH the following:
That part of Lot 2,Block 4,Foxwood, according to the recorded plat thereof,Carver County,
Minnesota lying easterly of a line described as follows:
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Commencing at the Southerly corner of Lot 2,Block 4, Foxwood, according to the recorded plat
thereof,Carver County, Minnesota; thence on an assumed bearing of North 00 degrees 02 minutes
05 seconds West along the East line of said Lot 2 a distance of 189.51 feet to the Northeast corner
of said Lot 2 and the point of beginning of said line;thence South 48 degrees 05 minutes 58 seconds
East 61.09 feet;thence South 41 degrees 54 minutes 02 seconds West 134.40 feet to the
Southwesterly line of said Lot 2 and said line there terminating.
Parcel 2: That part of Outlot A, Butternut Ridge Addition, according to the recorded plat thereof,
Carver County, Minnesota,lying westerly and southwesterly of the following described line:
Beginning at the most southerly northeast corner of said Outlot A, said point also being the
northeast corner of Section 26,Township 116 North,Range 23 West;thence South 00 degrees 28
minutes 49 seconds East, assuming the most southerly north line of said Outlot A has a bearing of
North 89 degrees 58 minutes 27 seconds East,a distance of 566.98 feet;thence South 75 degrees 21
minutes 54 seconds East 655.69 feet to an angle point in the southerly line of said Outlot A, and said
line there terminating.
EXCEPTING THEREFROM the following:
Tract A: Outlot A, Butternut Ridge Addition,Carver County,Minnesota; which lies westerly and
northwesterly of Line 1 described below:
Line 1: Commencing at the northeast corner of said Section 26; thence westerly on an azimuth of
269 degrees 58 minutes 40 seconds along the north line of said section for 2271.51 feet to the point
of beginning of Line 1 to be described;thence on an azimuth of 238 degrees 14 minutes 10 seconds
for 95.58 feet;thence on an azimuth of 248 degrees 55 minutes 29 seconds for 90.18 feet;thence on
an azimuth of 260 degrees 03 minutes 27 seconds for 191.03 feet; thence on an azimuth of 217
degrees 01 minutes 09 seconds for 126.73 feet to a point hereinafter referred to as Point"A";thence
continue on an azimuth of 217 degrees 01 minutes 09 seconds for 15.12 feet;thence on an azimuth
of 172 degrees 14 minutes 03 seconds for 234.17 feet;thence on an azimuth of 177 degrees 20
minutes 28 seconds for 336.70 feet;thence on an azimuth of 180 degrees 17 minutes 57 seconds for
279.90 feet;thence on an azimuth of 181 degrees 15 minutes 16 seconds for 104.15 feet;thence on
an azimuth of 183 degrees 39 minutes 13 seconds for 116.63 feet to a point on the south line of said
Tract A and there terminating.
Parcel 3: The West 183.00 feet of the S 290.40 feet of the NW 1/4 of Sec. 25,T. 116, R. 23
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