Findings of Fact
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND ACTION
INRE:
Application ofT-Mobile USA for a Conditional Use Permit for the construction of a
privacy/security fence 9-foot in height on property zoned Single Family Residential
District (RSF) at 6434 Murray Hill Road - Planning Case No. 06-21.
On May 16,2006, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application of T -Mobile USA for a Conditional Use
Permit for the construction of a privacy/security fence 9-foot in height on property zoned
Single Family Residential District (RSF) at 6434 Murray Hill Road. 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 Single Family Residential District (RSF).
2. The property has a Land Use Designation of Residential - Low Density.
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 of the 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 #06-21 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 #06-21 to for a
9-foot privacy/security fence on property zoned Single Family Residential District (RSF).
ADOPTED by the Chanhassen Planning Commission on this 16th day of May, 2006.
g:\plan\2006 planning cases\06-21 I-mobile fence cup\findings of fact.doc
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EXHIBIT "A"
That part of Outlot A, Pleasant Hill 2nd Addition, according to the recorded plat thereof, Carver
County, Minnesota which lies southerly of the following described line:
Beginning at a point on the west line of said Outlot A, distant 97.43 feet north of the
southwest comer thereof; thence easterly to the northeast comer of said Outlot A and said
line, there terminating.
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