Findings of Fact
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of Schutrop Building and Development Corporation for a Comprehensive Plan
Amendment to incorporate the property in the current Metropolitan Urban Service Area (MUSA);
Concept and Preliminary Planned Unit Development approval to Rezone from A2, Agricultural
Estate District, to PUD-R, Planned Unit Development - Residential; Subdivision Approval to
create 18 lots, 2 outlots, and public right-of-way with a variance for street width; and a Conditional
Use Permit to permit development within the Bluff Creek Overlay District, on 10.3 acres, Bluff
Creek Twin Homes - Planning Case No. 05-36.
On December 6, 2005, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Schutrop Building and Development Corporation for
comprehensive plan amendment, concept and preliminary Planned Unit Development,
preliminary plat approval with a variance for street width and conditional use permit for
development 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 Agricultural Estate District, A2.
2. The property is guided in the Land Use Plan for Residential- Low Density use.
3. The legal description of the property is:
All that part of the northerly 730.00 feet of the North Half of the Southwest Quarter of
Section 24, Township 116, Range 23, as measured along the West line thereof and lying
westerly of the center line of State Highway No. 101. The centerline of said Highway
No. 101 is described as follows: Beginning at a point on the North line ofthe Southwest
Quarter of Section 24, Township 116, Range 23, a distance of 632.52 feet east of the
Northwest comer of said Southwest Quarter; the bearing of the North line of the
Southwest Quarter is assumed to be South 88 degrees 46 minutes 29 seconds East.
Thence South 4 degrees 24 minutes 47 seconds West a distance of 413.72 feet thence on
a tangential curve, concave to the east having a central angle of 11 degrees 38 minutes 21
seconds and a radius of 1962.29 feet a distance of 398.62 feet. Thence South 7 degrees
13 minutes 34 seconds East tangent to the last described curve, a distance of 217.65 feet
thence on a tangential curve, concave to the west having a central angle of 14 degrees 29
minutes 17 seconds and a radius of 1166.15 feet a distance of 294.88 feet, more or less, to
a point on the South line of the North Half of the Southwest Quarter of Section 24,
Township 116, Range 23 and there terminating said point a distance of 660.44 feet
easterly of the Southwest comer of the North Half of the Southwest Quarter.
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All in Carver County, Minnesota and subject to all easements of record.
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;
e. The proposed subdivision will not cause significant adverse 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. 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 official City
Comprehensive Plan.
b. The proposed use is or will be compatible with the present and future 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.
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e. The proposed use can be accommodated with existing 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.
6. VARIANCE FINDINGS (Street Width)
a. The hardship is not a mere inconvenience.
b. The hardship is caused by the particular physical surroundings, shape or typographical
conditions of the land, specifically the Bluff Creek primary zone and the pipeline
easement.
c. The conditions upon which the request is based are unique and not generally applicable
to other property, due to the constraints of the property.
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.
7. In order to permit private streets, the city must find that the following conditions exist:
a. The use of the private street to access adjacent units is a function of the design of the
project and the desire to reduce the number of garage fronts visible from the public
street. The prevailing development pattern makes it unfeasible or inappropriate to
construct a public street to access these adjacent units. In making this determination,
the city may consider the location of existing property lines and homes, local or
geographic conditions and the existence of wetlands.
b. After reviewing the surrounding area, it is concluded that an extension of the public
street system is not required to serve other parcels in the area, improve access, or to
provide a street system consistent with the comprehensive plan.
c. The use of the private street will permit enhanced protection of the city's natural
resources including wetlands. The use of limited private streets creates a desirable
aesthetic design.
7. VARIANCE FINDINGS (Private Street)
a. The hardship is not a mere inconvenience, but provides a means for creating a unique
development design.
b. The hardship is caused by the particular physical surroundings, shape or typographical
conditions of the land.
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c. The conditions upon which the request is based are unique and not generally
applicable to other property.
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 the subdivision ordinance, the zoning
ordinance and comprehensive plan.
8. The planning report #05-36 dated December 6, 2005, prepared by Robert Generous, et al,
is incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the
Comprehensive Plan Amendment incorporating the property in the 2000 Metropolitan Urban
Service Area; rezone the property from A2 to PUD-R; Preliminary Plat creating 18 lots, 20utlots
and right-of-way for public streets with a variance for the public street right-of-way width and
the use of private streets; and a conditional use permit to develop within the Bluff Creek Overlay
District.
ADOPTED by the Chanhassen Planning Commission this 6th day of December, 2005.
CHANHASSEN PLANNING COMMISSION
BY:
Uli Sacchet, Its Chairman
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