Findings of Fact
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of Ron Harvieux for the Subdivision of one lot in to three lots with a variance for the
use of flag lots - Planning Case 05-26.
On September 6,2005, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Ron Harvieux for preliminary plat approval of property.
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
1. The property is currently zoned Single-Family Residential District, RSF.
2. The property is guided in the Land Use Plan for Residential- Low Density uses.
3. The legal description of the property is: Lot 2, Block 1, Sathre Addition; and that part of
Horseshoe Curve, originally dedicated in the record plat of Sathre Addition and now vacated
which lies easterly of a line described as follows: Commencing at the northwest comer of
Lot 2, Block 1, in said Sathre Addition; thence southerly, a distance of 84.82 feet, along the
westerly line of said Lot 2, to the point of beginning of the line to be described; thence
southerly, tangent to the curve on said westerly line, a distance of 53.28 feet; thence
southerly, on a tangential curve concave to the west having a radius of 150.04 feet, to the
west line of said Horseshoe Curve
4. 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:
(1) The proposed subdivision is consistent with the zoning ordinance;
(2) The proposed subdivision is consistent with all applicable city, county and regional plans
including but not limited to the city's comprehensive plan;
(3) 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;
(4) 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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(5) The proposed subdivision will not cause significant environmental damage;
(6) The proposed subdivision will not conflict with easements of record; and
(7) The proposed subdivision is not premature. A subdivision is premature if any of the
following exists:
a. Lack of adequate storm water drainage.
b. Lack of adequate roads.
c. Lack of adequate sanitary sewer systems.
d. Lack of adequate off-site public improvements or support systems.
5. VARIANCE FINDINGS (Fla2 Lots)
(1) The hardship is not a mere inconvenience, but permits enhanced protection of the wooded
areas.
(2) The hardship is caused.by the particular physical surroundings, shape or typographical
conditions of the land.
(3) The conditions upon which the request is based are unique and not generally applicable to
other property and a result of the unique history of the property and adjacent right-of-way
and development.
(4) The granting of the variance will not be substantially detrimental to the public welfare and
is in accord with the purpose and intent of the subdivision ordinance, the zoning ordinance
and comprehensive plan.
6. The planning report #05-26 dated September 6, 2005, prepared by Robert Generous, et aI, is
incorporated herein.
RECOMMENDA TION
The Planning Commission recommends that the City Council approve the
Preliminary Plat with variances for the use of flag lots.
ADOPTED by the Chanhassen Planning Commission this 6th day of September, 2005.
CHANHASSE~NING COMMISSION
BY: -::::>~
Vli Sacchet, Its Chairman
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