Findings of Fact
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE: Application of John Kosmas and Don Halla requesting a Site Plan Amendment and
conditional use permit amendment with variances for the construction of a golf course: HALLA
GREENS - Planning Case No. 05-39.
On February 7, 2006, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application of John Kosmas and Don Halla for a conditional
use permit with variances and site plan amendment with variances for the property located at the
southeast comer of the intersection of Great Plains Boulevard and Pioneer Trail. The Planning
Commission conducted a public hearing on the proposed conditional 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 Agricultural Estate District, A2.
2. The property is guided by the Land Use Plan for Residential - Large Lot.
3. The legal description of the property is: The NE 1,4 of the SW 1,4 of Section 25, Township
116, Range 23, Carver County, Minnesota.
4. The Planning Commission shall recommend a conditional use permit and the City 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 endanger the public health, safety, comfort, convenience or
general welfare of the neighborhood or city.
Finding: The proposed use will not create any significant or unexpected impacts with the
incorporation of staff's conditions. The use will provide a convenient location for
residents in the area to practice an outdoor activity.
b. Will be consistent with the objectives of the city's comprehensive plan and the zoning
chapter.
Finding: The proposed use is consistent with the City Comprehensive Plan.
c. 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.
Finding: The site is surrounded by highly traveled roads. The proposed use is permitted
within the district as a conditional use. It will be compatible with the area. The applicant
is proposing a landscape buffer around the site to minimize impacts on the residential
neighborhoods to the south, west and east.
d. Will not be hazardous or disturbing to existing or planned neighboring uses.
Finding: The use will provide a convenience for 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 services provided by the
persons or agencies responsible for the establishment of the proposed use.
Finding: Public utilities and infrastructure are not available to the site. The site will be
served by a well and an Individual Septic Treatment System (ISTS).
f. Will not create excessive requirements for public facilities and services and will not be
detrimental to the economic welfare of the community.
Finding: Staff is not aware of any excessive requirements for public facilities.
g. 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.
Finding: This site will not create adverse impacts to persons, property or the general
welfare of the area. The proposed use will comply with city ordinances.
h. Will have vehicular approaches to the property which do not create traffic congestion or
interfere with traffic or surrounding public thoroughfares.
Finding: The site is accessible from Pioneer Trail and lines up with Foxford Road. Both
MnDOT and Carver County Public Works have submitted guidelines and
recommendations to facilitate the access to the property. As a condition of approval of
the original request, the applicant obtained permits from these agencies.
1. Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
Finding: The site originally contained nursery stock. Many of the trees were moved.
They can be seen along the borders of the property.
J. Will be aesthetically compatible with the area.
Finding: The proposed use will be compatible with the area.
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k. Will not depreciate surrounding property values.
Finding: The use will not depreciate surrounding property values.
l. Will meet standards prescribed for certain uses as provided in Chapter 20, Article IV of
the Chanhassen City Code.
Finding: The proposed use will be required to meet the standards specified for golf
courses in the Chanhassen City Code.
5. In evaluating a site plan and building plan, the city shall consider the development's
compliance with the following:
a. Consistency with the elements and objectives of the city's development guides, including
the comprehensive plan, official road mapping, and other plans that may be adopted;
b. Consistency with this division;
c. Preservation of the site in its natural state to the extent practicable by minimizing tree and
soil removal and designing grade changes to be in keeping with the general appearance of
the neighboring developed or developing areas;
d. Creation of a harmonious relationship of building and open space with natural site
features and with existing and future buildings having a visual relationship to the
development;
e. Creation of functional and harmonious design for structures and site features, with special
attention to the following:
1. An internal sense of order for the buildings and use on the site and provision of a
desirable environment for occupants, visitors and general community;
2. The amount and location of open space and landscaping;
3. Materials, textures, colors and details of construction as an expression of the design
concept and the compatibility of the same with adjacent and neighboring structures
and uses; and
4. Vehicular and pedestrian circulation, including walkways, interior drives and parking
in terms of location and number of access points to the public streets, width of interior
drives and access points, general interior circulation, separation of pedestrian and
vehicular traffic and arrangement and amount of parking.
f. Protection of adjacent and neighboring properties through reasonable provision for
surface water drainage, sound and sight buffers, preservation of views, light and air and
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those aspects of design not adequately covered by other regulations which may have
substantial effects on neighboring land uses.
Finding: The proposed development is consistent with the comprehensive plan. There
are areas that are in violation of the zoning ordinance. These areas will be corrected
through the conditions of approval. The site design is compatible with the surrounding
developments. It is functional and harmonious with the approved development for this
area.
6. The Board of Adjustments and Appeals shall not recommend and the City Council shall not
grant a variance unless they find the following facts:
a. That the literal enforcement of this chapter would cause an undue hardship. Undue
hardship means that the property cannot be put to reasonable use because of its size,
physical surroundings, shape or topography. Reasonable use includes a use made by a
majority of comparable property within 500 feet of it. The intent of this provision is not to
allow a proliferation of variances, but to recognize that there are pre-existing standards in
this neighborhood. Variances that blend with these pre-existing standards without departing
downward from them meet these criteria.
Finding: The literal enforcement of this chapter does not cause an undue hardship. The
applicant has reasonable use of the property. The site did receive a conditional use permit
to operate as a golf course. Hours of operation of sunrise to sunset are reasonable. The
exterior material of the maintenance buildings can be changed to meet ordinance
requirements.
b. The conditions upon which a petition for a variance is based are not applicable, generally, to
other property within the same zoning classification.
Finding: The conditions upon which this variance is based are applicable to all properties
that lie within the Agricultural Estate District.
c. The purpose of the variation is not based upon a desire to increase the value or income
potential of the parcel of land.
Finding: Extending the hours of operation will increase the value of the property.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: The applicant can meet the requirements of the ordinance. The fact that a choice
has been made to use exterior materials that are prohibited by ordinance is a self-created
hardship.
e. The granting of the variance will not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel is located.
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Finding: The granting of a variance to allow extended hours of operations may prove to be
an annoyance to other land in the neighborhood in which the parcel is located.
f. The proposed variation will not impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of the public streets or increase the danger
of fire or endanger the public safety or substantially diminish or impair property values
within the neighborhood.
Finding: The proposed variation will not impair an adequate supply of light and air to
adjacent property or substantially increase the congestion of the public streets.
7. The planning report #05-39 dated February 7,2006, prepared by Sharmeen AI-Jaff, et aI, is
incorporated herein.
RECOMMENDA TION
The Planning Commission recommends that the City Council approve the site
plan and conditional use permit amendments, but deny the variance requests.
ADOPTED by the Chanhassen Planning Commission this 7th day of February, 2006.
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