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Findings of Fact CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION INRE: Application of Enterprise Rent-A-Car for a Conditional Use Permit to rent automobiles on property zoned Highway and Business District (BH) at 225 West 79th Street - Planning Case No. 05-41. On December 6,2005, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Enterprise Rent-A-Car for a Conditional Use Permit to rent automobiles on property zoned Highway and Business District (BH) at 225 West 79th Street. The Planning Commission conducted a public hearing on the proposed conditional use permit that 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 Highway and Business District (BH). 2. The property has a Land Use Designation of Commercial. 3. The legal description of the property is: Lot 3, Block 1, Gateway East. 4. The Planning Commission shall recommend a conditional use permit and the council shall issue such conditional use permit only if it finds that such use at the proposed location: a. Will not be detrimental to or damage the public health, safety, comfort, convenience or general welfare of the neighborhood of the city. b. Will be consistent with the objectives of the city's comprehensive plan and this chapter. c. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. d. Will not be hazardous or disturbing to existing or planned neighboring uses. e. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and 1 services provided by the persons or agencies responsible for the establishment of the proposed use. f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g. Will not involve uses, activities, processes, materials, equipment and condition of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h. Will have vehicular approaches to the property that do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. 1. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. J. Will be aesthetically compatible with the area. k. Will not depreciate surrounding property values. 1. Will meet standards prescribed for certain uses as provided in this article. 5. The planning report #05-41 conditional use permit dated December 6,2005, prepared by Josh Metzer, et aI, is incorporated herein. ACTION The Chanhassen Planning Commission approves Conditional Use Permit #05-41 to rent automobiles on property zoned Highway and Business District (BH). ADOPTED by the Chanhassen Planning Commission on this 6th day of December, 2005. CHANHASSr..::2 ZMMISSION BY: Planning Commission Chairperson g:\plan\2005 planning cases\05-4\ enterprise rent-a-car cup\findings of fact.doc 2