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Findings of Fact CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Orchard Green - Planning Case 05-42 On December 6, 2005, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of a Preliminary Plat to subdivide a 2.02 Acre Lot into Four (4) single-family Lots, Orchard Green. 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 RSF, Single-Family 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: 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 the city's comprehensive plan and subdivision ordinance; 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; 1 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 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 planning report Planning Case 05-42, dated December 6, 2005, prepared by Josh Metzer, et aI, and is incorporated herein. RECOMMENDA TION The Planning Commission recommends that the City Council approve the Preliminary Plat. ADOPTED by the Chanhassen Planning Commission this 6th day of December, 2005. CHANHASSEN PLANNING COMMISSION BY: C;:ceLL Vli Sacchet, Chairman 2 EXHIBIT A LEGAL DESCRIPTION: That part of Lots 34 and 35, Minnewashta Park, Carver County, Minnesota, according to the recorded plat thereof, described as follows: Beginning at the southwest comer of Lot 2, Block 1, Huntington Park, according to the recorded plat thereof; thence on an assumed bearing of North 11 degrees 21 minutes 34 seconds West, along the westerly line of said Lot 2, a distance of 336.90 feet, to the northerly line of said Lot 35; thence southwesterly a distance of 137.27 feet, along said northerly line, on a curve, not tangent with the last described line, concave to the southeast having a radius of 1152.62 feet, a central angle of 6 degrees 49 minutes 24 seconds and a chord of 137.18 feet which bears South 70 degrees 50 minutes 01 seconds West; thence South 67 degrees 25 minutes 19 seconds West, along said northerly line, a distance of 53.60 feet; thence South 15 degrees 09 minutes 16 seconds East a distance of 319.67 feet, to the intersection with a line bearing South 74 degrees 50 minutes 06 seconds West from the point of beginning; thence North 74 degrees 50 minutes 06 seconds East a distance of 167.70 feet, to the point of beginning. Together with an easement for ingress and egress purposes to Forest A venue over and across that part of said Lots 34 and 35 which lies northerly of the westerly extension of the southerly line of the above-described parcel and lying southerly of a line 25.00 feet northerly of, measured at a right angle to and parallel with the above-described line, as established by Order Document No. T60786. AND That part of Lots 34 and 35, Minnewashta Park, Carver County, Minnesota, according to the recorded plat thereof; described as follows: Commencing at the southwest comer of Lot 2, Block 1, Huntington Park, according to the recorded plat thereof; thence on an assumed bearing of North 11 degrees 21 minutes 34 seconds West, along the westerly line of said Lot 2, a distance of 336.90 feet, to the northerly line of said Lot 35; thence southwesterly a distance of 137.27 feet, along said northerly line, on a curve, not tangent with the last described line, concave to the southeast having a radius of 1152.62 feet, a central angle of 6 degrees 49 minutes 24 seconds and a chord of 137.18 feet which bears South 70 degrees 50 minutes 01 seconds West; thence South 67 degrees 25 minutes 19 seconds West, along said northerly line, a distance of 141.61 feet to the point of beginning of the land to be described; thence North 67 degrees 25 minutes 19 seconds East, along said Northerly line, a distance of 88.01 feet; thence South 15 degrees 09 minutes 16 seconds East a distance of 319.67 feet, to the intersection with a line bearing South 74 degrees 50 minutes 06 seconds West from the point of beginning; thence North 74 degrees 50 minutes 06 seconds East a distance of 167.70 feet, to the point of beginning. 3