Findings of Fact
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND ACTION
INRE:
Application of Chapel Hill Academy for a Conditional Use Permit for a motion (LED)
display in a monument sign on property zoned Office & Institutional District (01) at
306 West 78th Street - Planning Case No. 06-19.
On May 16,2006, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application of Chapel Hill Academy for a Conditional Use
Permit for a motion (LED) display in a monument sign on property zoned Office &
Institutional District (01) at 306 West 78th 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 Office & Institutional District (01).
2. The property has a Land Use Designation of Public/Semi-Public.
3. The legal description of the property is legally described in Exhibit A.
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 damage the public health, safety, comfort, convenience or
general welfare of the neighborhood of the city.
b. Will be consistent with the objectives ofthe 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 services provided by the persons
or agencies responsible for the establishment of the proposed use.
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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 #06-19 Conditional Use Permit dated May 16, 2006, prepared by Josh
Metzer, et aI, is incorporated herein.
ACTION
The Chanhassen Planning Commission approves Conditional Use Permit #06-19 to for a
motion (LED) display in a monument sign on property zoned Office & Institutional District (01).
ADOPTED by the Chanhassen Planning Commission on this 16th day of May, 2006.
g:\plan\2006 planning cases\06-19 chapel hiII academy sign cup\findings of fact.doc
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EXHIBIT "A"
The undesignated parcel as shown on the recorded plat of ST. HUBERTUS in the
Southwest Quarter of the Southeast Quarter of Section 12, Township 116, Range 23,
Carver County, Minnesota, except the two following described parcels:
Exception No.1:
The west 18.00 feet of said undesignated parcel.
Exception No.2: That part of said undesignated parcel described as commencing at
the southwest comer of Block 1, of said plat as monumented by a 6" x 6" stone (marked
Block Comer); thence westerly, along the westerly extension of the south line of said
block as monumented by 6" x 6" stones, to the intersection with the west right-of-way
line of Frontier Trail (formerly known as St. Francis Street); thence on an assumed
bearing of North 0 degrees 45 minutes 48 seconds East along said west right-of-way line
a distance of 367.00 feet, to the point of beginning of the land to be described; thence
North 89 degrees 14 minutes 12 seconds West a distance of 100.00 feet; thence North 0
degrees 45 minutes 48 seconds East a distance of 99.17 feet, to the north line of said
undesignated parcel; thence South 89 degrees 15 minutes 40 seconds East, along said
north line, a distance of 100.00 feet to the northeast comer of said undesignated parcel;
thence South 0 degrees 45 minutes 48 seconds West, along said east line, a distance of
99.21 feet to the point of beginning.
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