Loading...
Findings of Fact CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Stonefield Subdivision #05-37 On December 6, 2005, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of a Preliminary Plat to Subdivide 17.63 acres into 30 single- family lots and 1 outlot with Variances, Stonefield. 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 A-2, Agricultural Estate District. 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 attached as Exhibit A. 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; 1 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. b) The hardship is caused by the particular physical surroundings, shape or typographical conditions of the land. 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 this chapter, the zoning ordinance and comprehensive plan. 6. The planning report #05-35 SUB/Planning Case 05-35, dated December 6, 2005, prepared by Sharmeen AI-Jaff, et aI, is incorporated herein. RECOMMENDA TION The Planning Commission recommends that the City Council approve the Preliminary Plat with variances. ADOPTED by the Chanhassen Planning Commission this 6th day of December, 2005. CHANHASSEN PLANNING COMMISSION CrC~L C BY: VIi Sacchet, Chairman 2 EXHIBIT A That part of the Northwest Quarter of the Northwest Quarter of Section 23, Township 116 North, Range 23 West, Carver County, Minnesota, lying westerly of the following described line and its northerly and southerly extensions; Commencing at the Southeast comer of said Northwest Quarter of the Northwest Quarter; thence South 89 degrees 04 minutes 49 seconds West, bearing assumed, along the South line of said Northwest Quarter of the Northwest Quarter, a distance of 790.00 feet to the point of beginning of the line to be described; thence North 1 degree 57 minutes 27 seconds West, a distance of 460.00 feet; thence North 18 degrees 32 minutes 33 seconds East, a distance of 330.00 feet; thence North 52 degrees 00 minutes 00 seconds West, a distance of 638.57 feet; thence North 1 degree 57 minutes 27 seconds West, a distance of 150.59 feet to a point on the North line of said Northwest Quarter of the Northwest Quarter distant 156.07 feet Easterly of the Northwest comer of said Northwest Quarter of the Northwest Quarter as measured along said North line and there terminating. AND That part of the Southwest Quarter of the Northwest Quarter of Section 23, Township 116, Range 23, described as follows, to-wit: The north 375.00 feet lying Westerly of the following described line, to-wit: Beginning at a point in the North line of said Southwest Quarter of Northwest Quarter (SW 1/4 of NW 1/4) distant 849.31 feet West of the Northeast comer thereof; thence Southwesterly deflecting 64 degrees 42 minutes 04 seconds from West to South from said North line, a distance of 163.19 feet; thence Southerly deflecting to the left 32 degrees 35 minutes 37 seconds a distance of 125.62 feet; thence Southwesterly deflecting to the right 22 degrees 58 minutes 52 seconds a distance of 302.23 feet; thence Southerly to the northwest comer of the East 290.75 feet of the West 484.2 feet of the South 539.7 feet of said Southwest Quarter of the Northwest Quarter (SW 1/4 of NW 1/4) as measured along the West and East lines of said Southwest Quarter of the Northwest Quarter (SW 1/4 of NW 1/4); thence South parallel with the West line of said Southwest Quarter of the Northwest Quarter to the South line of said Southwest Quarter of the Northwest Quarter (SW 1/4 of NW 1/4) and there terminating, according to the plat thereof on file or of record in the office of the County Recorder, Carver County, Minnesota. AND Outlot A, Shenandoah Ridge, according to the plat thereof on file or of record in the office of the County Recorder, Carver County, Minnesota. g:lplan\200S planning caseslOS-37 stonefield (goers property)\findings of fact.doc 3