12-6-06 Document Submittal
Planning Case No.
".., 1_" ~... ......... . . .. .. . .. ......... _.. .
\,,11 Y ur- l,;HANHA~~I:.N
7700 Market Boulevard - P.O. Box 147
Chanhassen, MN 55317 - (952) 227-1100
DEVELOPMENT REVIEW APPLICATION
PLEASE PRINT
~Rlicant NamMnd Address:
4( I L'D l,-oS.sI7l/ I K
"1>)( 200 (I >'1-0W 19tJ...., st~f-
Lh.()J\.. "-~ l M N !>SJ. J~
Contact: tl- .', ~~
Phone:4<:tg 4- g 4t..r Fax:
Email: (:IRQ. r=E Rl LD. ()~
Owner Name and Address:
f:1. (( I L D ~ OSs.f:!-v I k.
~>tOO ~~ ~W-c(.
c.KCV\.}..~{ f1N SS-~ LX.
Contact: 'tl. (j( ~ oUJ...J...'
Phone4<'a'g 48 <r ~ Fax:
Email: t:+ <<- ~ f:l. nIL D. U So.
NOTE: Consultation with City staff is required prior to submittal, including review of development
plans '
(() 00 Comprehensive Plan Amendment Temporary Sales Permit
Conditional Use Permit (CUP)
Vacation of Right-of-Way/Easements
Interim Use Permit (IUP)
200 Variance (VAR) , ,
Non-conforming Use Permit
Wetland Alteration Permit (WAP)
Planned Unit Development*
Zoning Appeal
SOD Rezoning
Zoning Ordinance Amendment
Sign Permits
Sign Plan Review
'D Notification Sign** - $75 + $100 Damage Deposit
Site Plan Review*
X Escrow for Filing Fees/Attorney Cost***
- $50 CUP/SPRlVACNARlWAP/Metes & Bounds
- $450 Minor SUB
TOTAL FEE $ \ bOO -
.3 OU Subdivision*
An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to
the public hearing.
*Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11"
reduced copy for each plan sheet along with a digital copy in TIFF-Group 4 (*.tif) format.
,**Applicant to obtain notification sign from City of Chanhassen Public Works at 1591 Park Road and
install upon submittal of completed application. $100 damage deposit to be refunded to applicant
when sign is returned following City Council approval.
***Escrow will be required for other applications' through the development contract.
Building material samples must be submitted with site plan reviews.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for
each application.
December 5, 2005
City Council and Planning Commission
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
Re: Sewer and Water Service
Dear Council and Planning Commission Members:
In recent years, I have made application to rezone my property on Powers Boulevard so
as to permit its subdivision into additional building sites. My four
acres would support two additional home sites without adversely impacting the area.
Doing so would not "over develop" the area nor is it premature. The development of
Highway 312 and the planned development of 444 homes immediately to the south
makes rezoning appropriate. The intensity of traffic caused by that development
changes the character of my neighborhood greatly and permanently. Continued zoning
of the property as Estate- large lot is no longer appropriate.
You will soon be receiving, or have received, my application for the rezoning and
platting of my property for three building sites. I hope you recognize that such a
rezoning is not only appropriate, and reasonable, but fits well with the existing and
future use and development of the area along Powers Boulevard.
Ten years ago, the City installed sewer and water service, as well as sewer stubs, to
service my neighborhood along Powers Boulevard. It would seem entirely reasonable
that the City, having invested $260,000.00 ten years ago, would welcome and .
encourage, even mandate, that properties be connected. Re-zoning and the addition of
2 new houses in the neighborhood will at least begin to amortize that cost. There is
some urgency, as I would like to connect my property to the municipal sewer system,
before my 20 year old septic system fails, but so far the City has refused to allow me to
do so. This in direct contrast with the City policy and Chanhassen City Code Section
19-41 B. That section mandates that all buildings and structures constructed within the
City after March 11, 1985 adjacent to sewer, be connected to sewer.
Under your Comprehensive Plan, the availability of adequate sanitary sewer system is a
primary consideration to be taken into account in determining the appropriate land use
within the City. The availability of sewer and water is directly related to the intensity of
development that can be permitted. Here sewer and water availability is not an issue.
In fact connecting homes to the system is past due.
Arild Rossavik
8800 Powers Blvd
Chanhassen MN 55317
Ph. 952.4484844
Email: AR(iiJARILD.US
March 8, 2005
Editor Chanhassen Villager
Richard Crawford
Re: Powers Blvd Lift Station
Bye-mail, from Matt Saam., P .E. Asst. City Engineer- Chanhassen, March
7th 2005, the city has acknowledged that City Code Sec. 19-41b controls the
conditions which mandate sewer connection. There is not another ordinance
that controls sewer connections.
To avoid the operation of the law, the City advises that "staff interprets this
code requirements to mean if your building is within 150 feet of the sewer,
then you are required to connect". This interpretation does nothing to
explain away the two reasons the code gives as circumstances mandating
sewer connections. Moreover the interpretation is not justified as necessary
in the public interest is thereby served.
The code speaks of three reasons. All in the alternative, which triggers the
need to connect to sewer.
The other reasons are:
[l]"All buildings... on premises adjacent to a sewer of the City sewer System
or
[2} in a block through or to which the sanitary systems extends, or..."
Clearly, the proximity of the lift station/sewer trunk in the street fronting
Hillside Oaks, Block 1, can not be ignored, nor so easily dismissed.
Arild Rossavik
8800 Powers Blvd
Chanhassen MN 55317
Ph. 952.4484844
Email: AR@ARILD.US
Mayor and Council Members
City of Chanhassen
MN 55317
Feb 2005
Re: The Use of Zoning to Excuse Hillside Oaks from City sewer and water
Connections and Assessments.
Dear Mayor and Council Members
Ten years ago Chanhassen City Project 93-29 improved Powers Blvd and extended sewer
and water, (including a lift station) for seven homes in Hillside Oaks Block 1. This
neighborhood on the west side of Powers Blvd just north of Lyman Blvd (Co. Rd.18) was
at the time zoned RLD - Residential Low Density * On project completion the properties
were scheduled for Trunk sanitary sewer and Trunk water main assessments of
$2425.00 each. * [CSAHI7 (powers Blvd) Improvements City Project 93-29-Assessment
Roll B]. Despite the 1993 plan to assess the properties and the public interest in. and long
term Public Policy of, assessing benefited properties for improvements, no home in this
neighborhood was ever assessed, no monies have ever been collected, and the trunk line
and lift station stands unused.
Why?, because the City Council urged on by then Planning Commission Member,
(now City Council Member), Peterson (who lives in the neighborhood), moved to
change the Zoning of this small area from RLD to A-2 Large Lot (2.5 Acre minimum).
Doing so allowed the City to decline to assess the properties for trunk sanitary sewer and
water main and defer any assessment to when the properties elect to connect to City
sewer and water. [Correspondence ofC.D. Folch, P.E.,.Dir Of Public Works/City
. Engineer 9.9.97]
Arild Rossavik
,"^".,~w.~._~,_~,..~_~...~"_,_",_~_~~_,,,_~,_~_,,~~^__W__~_'__~~N""--.~"..~"~_"~H.,_"",..___~W","',,,,_,~,_~'~~W'~'''''''~~~W_,.,.,_._.".~. W"Y"'_.~"""'."'_'~""".~_W'_=''''''.,,,,~.W'~''''''W^_',_.".W~'~^"_W'''''''''''_~~___'''_.''''''~~___,V^'=~...'.".,,,'''m'_,,,,~,,~,
From: Arild Rossavik [ar@arild.us]
Sent: Wednesday, March 09,20059:16 AM
To: Arild Rossavik
Cc: 'ar@qxcLus'
Subject: FW: Powers Blvd. Lift Station
-----Original Message-----
From: Saam, Matt [mailto:MSaam@ci,chanhassen.mn.us]
Sent: Monday, March 07, 2005 1:21 PM
To: ar@arild.us
Cc: Generous, Bob; Gerhardt, Todd; City Council; Oehme, Paul; editor@chanvillager.com
Subject: Powers Blvd. Lift Station
Mr. Rossavik,
In response to your e-mail, I have checked on the maintenance that City staff performs on the lift station near your
property along the east side of Powers Blvd. City staff does not perform any extra maintenance on this lift station
due to no one being hooked-up to it. Each year our utility staff inspects the pumps, seals, and electrical controls
as they do with all other lift stations in town. The amount of maintenance needed on this lift station is, in fact, less
than what is required for other, more heavily utilized lift stations in town.
Also, as a point of clarification to your citing of City code sec. 19-41 b. The code states that, "All buildings and
structures constructed within the city after March 11, 1985, on premises adjacent to a sewer of the city
sanitary sewer system, or in a block through or to which the sanitary sewer system extends, or is within
150 feet of said sanitary sewer system, shall be connected to the city sanitary sewer system for the
disposal of sewage or industrial waste." Staff interprets this code requirement to mean if your building is
within 150-feet of the sewer, then you are required to connect. With the sewer being on the east side of the road,
none of the existing homes in your neighborhood meet the 150-foot requirement. That is why they are not
required to connect.
Let me know if you have other questions.
Thanks,
Matt Saam, P.E.
Asst. City Engineer - Chanhassen, MN
10/29/2005
CITY OF CHANHASSEN
SEWER AND WATER INVESTMENT
POWERS BOULEVARD
1993 Improvement Costs:
Income Associated Therefrom to Date:
60/0 Annual Holding Cost Compounded Over 7
Years Current Cost Unrecouped: $390,943.87
Additional Holding Costs; 1 0 Years at 60/0: $309,1 77.05
TOTAL: $700,120.92
$260,000.00
$ -0-
Annual Maintenance Cost:
Estimated at 30/0 of Original Investment: $ 7,800.00
Annual Maintenance Costs to Date Unrecouped: $ 54,600.00
Additional Maintenance Costs Over the Next
Decade: $ 78,000.00
TOTAL COST TO CITY in Failing to Recoup
Sewer and Water Investment Through
2013:
Approximately $832,000.00
. , 8 ~B ~:~j~ I~ ".8 It ~
'., .9 ~~ S u
..j I" B
., . I" i" II
. . ..
.1
'. =
:l iitJ. .... .,Jol '''' .~
". .r...
. ., ~
:,Or f.:'~8 r ~~g I~ r ~")8
'-1
. " i it 'g is . .2 ~. I
'\ 'S
1 W i
~ ~
' '.
'.,
: 1 (IJ .'
" LLI iij
."
-:~ en ~ -
;, ~
:~
i II Ij ~ .1 .8 . ~
.'. ~
J
. :~ I - .:; ~
J ~" ..
. ,
~ .: tt1 m
:';}
I ~.,
:'i ! ..... ,~,:f
.' , tyi.a J.''18 ,.,'s r .tt,! J 8
..~
:.~ ,a ~s ~i ~
......
',,;
'j j .. I, I i
~ !
',1
:7"~ " f~ ~
~ i ~M I "'J 8 ;"''''~8 ~l 8.
,'t'o . Il'~ .
~1~ ~@ 61
~ .Do ~..- ~- ,~
w ..... .~~
I ..... .,. ~ 1 .... :.,. ~..
I- I ~
J a: ~J
, CL.
.1 :f ':,'f .t..,~
...} ....
S'FJ~ f"< · ~,. !~
:] i~l .~
~~:-:
:J at ~~ , ~~
jj~ 'I' ~
I" ~1:1
I ~:t
\i!~ ~- ~. ~.... ,."T~ ~ ..
..... .,,',,',
ld !i':~ 1'.\
~ .... ,...
.l<l, ".:I~
~~~ ':tII~ I I.' . ,'.,J.o
I I . :; .
. ..... .,
~, a,~: ,
"~ " ~ ~ :t1 ..,., ;."l,l~
i I J ';.. '.
J ..;~i . f;.. fIS ,:ON . .. ~. ~
.-c. ., ~~
~.. ;t:. ()I
.' ..
. ;,.o(l!o . . ..... ~:~\
Of" . "
f!) I'" ~'I~ ....
..:.... "/~
"9 .;~ .-".~
. .' "
,. . '.~ c:
~ : ,... . .
111':'1 ,,~~ 'l" .,'... I
.
. ~. r '1 ~, I
f:'~f ~ l'~J g '~I '0 ~
j ! ~:1 J
'., r.i ..~,' ~
.~. i!;f ....',
. ~~"': ~\i-.~ '/t"of ~. ~
. ~fN M..: ~ . aI
.:-: ~ ~.'I". :rt.'l i
- ~~ iii ;1~ .' ~~.. ~ II
."",,, ~... ~
http://206.10.76.6/weblink7/ImageDisplay.aspx?cache=yes&sessionkeY=WLImageDispla... 11/112005
CITY OF
CHANHASSEN
690 COULTER DRIVE. P,O: BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
September 9, 1997
Arild Rosavik
, , ~8UO Powers Boulevard
Chanhassen, MN 55317-9030
R:E: CSAH 17 (Powers Boulevard) Improvements
City ofChanhassenProject No. 93-29
Dear Mr. Rossavik:
1'-._
.';"'1'
~ : ',~ . ~i'
The City Council will hold a public hearing to consider proposed assessrueIlt~~forth;~.<:::SAH 17 ,
(Powers Boulevard) Reconstruction Project, Improvement Project No, 93~29; On Mon.day:
September 22, 1997, at 6:30 p.m., in the Council Chambers at 690 Coulter D~'Ye,Chanhassen,
Minnesota. The area to be assessed includes parts of Sections 19,27 and 56 Ttl,6 R 25:
Your property was originally proposed to be assessed trunk sanitary sewer and\Waier mam>:',,>,!
charges as a part of the project. After further review, the City has'electednotto.assess thei:ituPk.:":
charges to your property at this time. Assessments to your property will, therefore, not be<?,.;::,
considered at the Council Meeting on September 22, 1997. ' ,~ '
-,.", .
The trunk sanitary sewer and water main charges wiIi instead be billed 10 your propertiifarid
when y<?u ~onnect to these facilities in the future. The charges will be billed based up~nth~
, rates at the year'of connection. , , ,,'. ~ " .' ,', ~;,
'Plea's~ feei 'fre~ to ~~ll me at' (6'12) 937~1968' i{y~~ ha~~ a~y'questions or nee'd additIonal' "
, information.
Sincerely,
. . ~ ".. .
Charles D.Foich, PE
Director of Public Works/City Engineer
'CITY OF
CHANHASSEN
,7
690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
December 13, 1995 ."
Arild Rossavik
8800 'PowersBotilevard
Chanhassen, MN 55317
Re: Notice of Public Hearing for Powers Boulevard (CSAH 17) Improvement project from Trunk
Highway 5 South tdLyman Boulevard..: Project No. 93-29'
Parcel No. 25-3530020, Lot 2, Block 1, Hillside Oaks
Dear Property Owner:
Notice is hereby given that a public hearing has been" scheduled for public discussion on the Powers
Boulevard (CSAH 17) from Trunk Highway5 south to Lyman Boulevard, Project No. 93-29
feasibility study at the City Council's regular meeting on Monday, January 8, 1996 at 7:30 p.m in the
City Hall Council Chambers located at City Hall, 690 Coulter Drive. Powers Boulevard (CSAH 17) is
proposed to be reconstructed to a four-lane, divided urban roadway with concrete curb and gutter,
storm sewer, trails, street lighting and landscaping. The total project cost of said improvements is
estimated to be approxiinately $4,400,000. Said improvements are proposed tQ be financed by a
combination of special assessments to benefiting properties, local funds, and County funds. YOUR
PROPERTY IS PROPOSED FOR SPECIAL ASSESSMENTS.
A copy of the feasibility stlldyshowing the project scope, costs\apd proposed assessment is available
for review in the EngjneerIng Department, Mondays through Fridays f.'om 8:00 a.m to 4:30 p.m.
Sincerely,
Chaiies" b. Folch,' F.E.' .
Director of Public Works
CbF:ldm .
." . .....
.... . .
KELLY LAW OFFICES
Established /948
351 SECOND STREET
EXCELSIOR, MINNESOTA 55331
MARK W. KELLY
WILLIAM F. KELLY (1922-1995)
(952) 474-5977
FAX 474-9575
December 2, 2005
Mr. George Bizek
8750 Powers Boulevard
Chanhassen, MN 55317
Re: Proposed Subdivision/Rossavik Property
Dear Mr. Bizek:
Recently, you were contacted by Epic Development looking for your participation in
a joint effort to rezone both my clients' property and your property. Doing so could
allow future development. Apparently, an agreement was not able to be reached
thereon. My client understands the issue to have been one of price as well as the
impact of a potential cal-de-sac which is necessary for such development.
As you know, Mr. Rossavik remains interested in developing his property, especially
in light of the changing circumstances of the neighborhood through additional
development to the south.
Mr. Rossavik wishes to advise you that he will soon make application for the
rezoning of his property so as to permit the platting of the Rossavik property with
three lots. If three lots are approved, there will not be need for a cal-de-sac and no
cal-de-sac will be built.
It remains that you may. wish t<? join in the rezoning application so that you may
position your property for future redevelopment. Rezoning does not necessitate the
sale or development of your property.
If you wish to discuss this matter, please feel free to call.
Sincerely,
Mark W. Kelly
MWKJtas
cc: Arild Rossavik
,"0 f.l
ili~;j~~~~6
,. ~ ! ~l/
~ ~ ~;;;~
~n;
~i ~.
f!l ~
I
!ll5l
~~
OZ -c
Z$l :0
00 f:!
~;.o ir:
;;j~ Z
p~ ~
,.., -<
-c
~~
"U
o
~
::0
UJ
(")
;0
(")
r
f'T1
~
60
;.o~
~l;l
:s:
'"
~~
~
/,,^,
'/' "
. '
,
" >
v...., ,.'
.... ,...,."",/)
,,' "",/
~
.
.
.. 1'1
a
.
-------
-~ -~
I ! :O.~i
I :;0 ." ."
~ff~~~~
~fij88~~
~ !il ~ "" ~ ~
2Sl2!~;f:
~ ~ '" g ~
.... z c: ~
" g:;;
'" g
;:j '"
'" ;:j
'" '"
'"
I~ 'i "l 'PI
...j;llll P .. ..
lQ~ ~ '" ~ ~
~~ ... i ~ ~
E~ ! ~ ~ ~
l!! ..
i!~~~
~ ~
~ ~
~ i
~2 ~r'i
rr1 i~ "OIf.l
~ 2~ ~
(/) iliii
o "ilI ~
Z ~lQ i2
(") ~~ R
g ~~ ~
:a ~~ "
~ n ~
2~
~ ~Il
Z c:'"
gt
~
E
rn
d aF E ~
'i! ;-
I! i
~I ~
;11
J;
.
I
I"
~lIi
Ill;!"
;!~~
~~%
r'"
.,~cl
:!:glll
ill"';:!
1l8~
cl~8
~~~
~~~
2 !
~
1I
;!
l!i
~
"
!ll
~
i
~
j!i
~~:
. ~
8 -
8
g
!~
all
~~
PLOT DATE-J
_ un 01, 2004 9:12am
i
!~H~
;;,11
i~Hf
c: "tl
::l :u
C E
::;! ;!:
"tl Z
s;: >
z ~
~
60
~~
l:!~
~
"
DISK FlLE NAME:
(15.06) R' \
. J79S1019\PL
. . AN-SHT\PWR-UTY.dw,
'\
~
~(~
~
/ /.z; I ,.
I~/
/
-------/
-------
----
./"
,/ "
,
'\
,,", /;:
.../ /
~v/
0_
~i
N"":
:~~ r;;i'ii~r l'pOI:
~o~@ ~~:g@ fg~@
0IQ:1 0;--.1.... '""~
.... g:<>>~
83
.;;;l
"~ "\~
( ~z
~a
~d
\;~
~~
I
\
\
Fi;:O;::Oln
~~~~
",,,,-
~~~~
~N
.;;;l~
r;;:l'JVI
"',.
ffil.O:Z:
....0
g~~
;:0; r;;:::o (.01
~~:~
~~g"
01 01 a:I:
~....
.;;;l~
fiiiTi::OV)
~~;~
Oi:-o~
",- '"
83 w
.;;;l
--
~
0'"
''''
",,"
.e'"
,. ,
m~
"n
~
z
-------
"i
I
I
I
I
I
I
I
(/
it
~~:
.. g
6 -
8
.
1
~
f
l\J",,'t
l')gg~~;~
gM gC\Jl\J"O:ilf1::R
~~g:2l\J"..oC\J....-.~
~Q)~~~~~~~~~
~~(\J=t[2~~~~
-5'~~i~~~~~~~
,<:[<t ~'!)"tt"o1)"E
~~]]].~~~.~.~~
"i ~ ~~~~J&&&&
&Cl::0::~Q::......
'"
"
:: ~ ~ ~
a 2!: "" If)
on ~ ~ <:)
~ ~~ ~
'R ~ ~ ~
I ~.!. I
-H CJ
~I~ ~~ ~
L...i..J...... ..J
~;; 1;::; ~
.......... e
C>
~ {
~ ~
ci c 0
~ 0 ~~~o
~] :;
~ 0
'" C <J
c>. .
C . -"
~1 ~
~ii III
Q; 0 ~
~~ :
\0 c ~
~p
~
d
\f).
~.
~
~
cO~
cO
o
.......
~
.. k
... el t
ii~~, S,
i: ~ ~ lti l~:;
C> ~.... LJ.!:~ .... j~
~ f'; ~ ".~i.~ -".Ii
t:it}-oo!l~"f~>-~~t~
~"iiQi!H~'H
-J ~ l.J Q:ll...c... ~ Llil >,~
"1~<Ii <"g~~ ~~gli:
Q ~~ ~~g:<:J", ~
d
\f).
\0
o
c'l~
c'l
<:.0
.......
----
---...
------
0"6
------
--------
------
----
/
/
/
/ .
\.-~
~"'> \.-~<.....
. ...
/ >
~~v
<'
/ V
/:/:'<~-;n /
t- ~l) ,<:/() ~
/), '" '> ~j!
/~, "~'----"''''"8 _
) / -
,,) I _
-/~'-,
>
/
:z:
-=
~i~
B If)
"
.
fi ..
(;
u
Vl
"-
"''''
':''''
~
E~~
"-",..
~ ~~
. . .
~~~
g~~
..
C>.
~~
~rt ~
.
~
<%
C>
-"
5
"
.
~
c
1~ $!
~.2
~ ~r
~ ~;l
~ ~~E
.Q toe"
~ ~: 5
~ ~~~
z ~;t
~ c;;
:l:: I.oJ c:I 0
r, ~~]
.., ~:;: 0
l\J ::J.....c
VI .., ~ t::
~ ~~~
~ ~ SV
~ q-a
~
~
~
CI)
o
~
~
~
~
@i
..
~
~
~
~
~
Ioo.j
~
~.
~
~
~
rJj
o
~
I-
<t
iC
>-
'"
~
~
d
3:
I. . ~
.~j ~',:
,
'. 0"1'
Powers Circle
May 5, 2003
Page 19
. CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
~
I
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of Arild Rossavik for rezoning, land Use amendment and subdivision.
On May 6, 2003, the Chanbassen Planning Commission met at its regularly scheduled
meeting to COnsider the application of Arild Rossavik for rezoning properly from Agricultural
Estate District, A-2, to Single Family Residential District, RSF, a land use amendment from
Residential Large Lot to Residential Low Density and preliminary plat with a variance for the Use
of a private street approval for a five lot subdivision. The Planning Commission conducted a
public hearing.on the proposed rezoning, land use amendment and subdivision 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 properly is currently zoned Agricultural Estate District, A-2.
2. The properly is guided in the Land Use Plan for Residential Large Lot.
3. The legal description of the Property is: Lot 2, Block 1, Hillside Oaks.
4. The Zoning Ordinance directs the Planning Commission to consider six (6) Possible
adVerse affects of the proposed ameudmeut. The six (6) affects and OUr findings
regarding them are:
a) The proposed action has been considered in relation to the specific POlicies and
Provisions of and has been found to be consistent with the official City Comprehensive
Plan.
b) The proposed use is compatible with the present and future land USes of the area.
c) The proposed Use does confonn to all perfonnance standards contained in the
Zoning Ordinance subject to the revisions of the plat recommended by staff.
Powers Circle
May 5, 2003
Page 20
d) The proposed use will not tend to or actually depreciate the area in which it is
proposed.
If
e) The proposed use can be accommodated with existing public services and will not
overburden the city's service capacity.
f) Traffic generation by the proposed use is within capabilities of streets serving the
property.
5. The Subdivision Ordinance directs the Planning Commission to consider seven possible
adverse affects of the proposed subdivision. The seven (7) affects and our findings regarding
them are:
1) The proposed subdivision is consistent with the zoning ordinance;
Finding: The proposed subdivision meets all minimum ordinance requirements for RSF
zoned properties.
2) The proposed subdivision is consistent with all applicable city, county and regional plans
including but not limited to the city's comprehensive plan;
Finding: The proposed development is consistent with the intent of the comprehensive plan,
subject to approval of the land use amendment from Residential- Large Lot to ResidentiaL
- Low Density.
3) 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;
Finding: The proposed site is suitable for development subject to revisions to the
development plan specified in this report. The applicant is proposing conservation
easements over tpe western portion of the development to preserve the trees and steep
slopes.
4) The proposed subdivision makes adequate provision for water supply, storm drainage,
sewage disposal, streets, erosion control and all other improvements required by this
chapter;
Finding: The proposed subdivision will be served by adequate urban infrastructure with a
variance for the use of a private street.
5) The proposed subdivision will not cause environmental damage;
Finding: The proposed subdivision will not cause significant environmental damage to site
topography through grading and removal of vegetation. Restrictions on the housing types
Powers Circle
May 5,2003
Page 21
and limitation ofthe grading area will reduce the developments impacts on natural features
and abutting property.
I
6) The proposed subdivision will not conflict with easements of record.
Finding: The proposed subdivision will not conflict with existing easements, but rather will
expand and provide all necessary easements.
7) The proposed subdivision is not premature. A subdivision is premature if any of the
following exists:
a. Lack of adequate storm water drainage.
b. Lack of adequate roads.
c. Lack of adequate sanitary sewer systems.
d. Lack of adequate off-site public improvements or support systems.
Finding: The proposed subdivision is provided with adequate urban infrastructure
6. The planning report #97-12 Sub. dated May 6,2003, prepared by Robert Generous, et aI,
is incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the
rezoning, land use amendment and subdivision creating five lots.
ADOPTED by the Chanhassen Planning Commission this 6th day of May, 2003.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
ATTEST:
Secretary
g:\plan\bg\developmenl review\powers circle 2003 revised.doc