Findings of Fact
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Minnewashta Creek Hill Subdivision #05-25
On August 2, 2005, the Chanhassen Planning Commission met at its regularly scheduled meeting
to consider the application of a Preliminary Plat to Subdivide a 1.4 Acre Lot into Three (3)
single-family Lots with Variances, Minnewashta Creek Hill.
The Planning Commission conducted a public hearing on the proposed development 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
1. The property is currently zoned PUD-R, Planned Unit Development-Residential.
2. The property is guided in the Land Use Plan for Residential- Low Density (1.2-
4.0 units per net acre).
3. The legal description of the property is Lots 1, Block 1, Minnewashta Creek First
Addition.
4. The Subdivision Ordinance directs the Planning Commission to consider seven
possible adverse effects of the proposed subdivision. The seven (7) effects and
our findings regarding them are:
a) The proposed subdivision is consistent with the zoning ordinance;
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 storm water 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 this chapter;
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e) The proposed subdivision will not cause environmental damage;
f) The proposed subdivision will not conflict with easements of record; and
g) The proposed subdivision is not premature. A subdivision is premature if
any of the following exists:
1. Lack of adequate storm water drainage.
2. Lack of adequate roads.
3. Lack of adequate sanitary sewer systems.
4. Lack of adequate off-site public improvements or support systems.
5. Variances. The City Council may grant a variance from the regulations
contained in this chapter as part of the plat approval process following a finding
that all of the following conditions exist:
a) The hardship is not a mere inconvenience.
Finding: The hardship is not a mere inconvenience. The proposed private
street preserves significant site features.
b) The hardship is caused by the particular physical surroundings, shape or
typographical conditions of the land.
Finding: The hardship is caused by the particular physical surroundings,
shape and topographical conditions of the land.
c) The conditions upon which the request is based are unique and not generally
applicable to other property.
Finding: The conditions upon which the request is based are unique and not
generally applicable to other properties due to the unique site features.
d) The granting of the variance will not be substantially detrimental to the
public welfare and is in accord with the purpose and intent of this chapter,
the zoning ordinance and comprehensive plan.
Finding: The granting of a variance will not be substantially detrimental to
the public welfare and is in accord with the purpose and intent of this
chapter, the zoning ordinance, and comprehensive plan. The applicant is
proposing to access the site via a private street. This option will minimize
grading and tree removal as well as provide less potential conflict with
vehicles on Minnewashta Parkway.
6. The planning report #05-25 SUB/Planning Case 05-25, dated August 2, 2005,
prepared by Sharmeen AI-Jaff, et aI, is incorporated herein.
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RECOMMENDA TION
The Planning Commission recommends that the City Council approve the
Preliminary Plat with variances.
ADOPTED by the Chanhassen Planning Commission this 2nd day of August, 2005.
CHANHASSEN PJ.A.NNl~"G COMMISSION
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Vli Sacchet, Chairman
BY:
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