Loading...
Findings of Fact CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE: Application of Minnetonka School District for an Interim Use Permit to permit the grading of approximately 3,400 cubic yards for the creation of a storm water retention pond - Planning Case No. 06-03. On February 7, 2006, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Minnetonka School District for an interim use permit for the property located at 6421 Hazeltine Boulevard (Highway 41). The Planning Commission conducted a public hearing on the proposed interim use 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 Office & Institutional District, 01. 2. The property is guided by the Land Use Plan for Public/Semi-Public use. 3. The legal description of the property is: Part of the SW 1;4 of the NW 1;4 of Section 3, Township 116, Range 23, Carver County, Minnesota. 4. When approving an interim use permit the City follows the standards for conditional use permits. The City must determine the capability of a proposed development with existing and proposed uses. The city makes the following findings: a. The proposed use will not be detrimental to the public health, safety, comfort, convenience or general welfare of the neighborhood or the city, but will enhance drainage and erosion issues in the area. b. The proposed use will be consistent with the objectives of the city's comprehensive plan and the Chanhassen City Code. 1 c. The proposed use will be designed, constructed, operated and maintained so 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. The proposed use will not be hazardous or disturbing to existing or planned neighboring uses. e. The proposed use 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 services provided by the persons or agencies responsible for the establishment of the proposed use. f. The proposed use will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g. The proposed use will not involve uses, activities, processes, materials, equipment and conditions 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. The proposed use will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. 1. The proposed use will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. J. The proposed use will be aesthetically compatible with the area. k. The proposed use will not depreciate surrounding property values. 1. The proposed use will meet standards prescribed for certain uses as provided in the City Code. 5. The planning report #06-03 dated February 7,2006, prepared by Robert Generous, et aI, is incorporated herein. 2 RECOMMENDA TION The Planning Commission recommends that the City Council approve the interim use permit. ADOPTED by the Chanhassen Planning Commission this ih day of February, 2006. CHANHASSEN PLANNING COMMISSION 3