Findings of Fact
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Boulder Cove Subdivision #06-10
On August 1,2006, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of a Rezoning of 12.99 acres of property zoned RSF,
Single Family Residential District, to RLM, Residential Low and Medium Density District,
Preliminary Plat with Variances to Subdivide 13.69 Acres into 39 lots and 1 outlot, Boulder
Cove and Site Plan Approval for the construction of 4 Three-Plex Units, Boulder Cove.
The Planning Commission conducted a public hearing on the proposed development 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 RSF, Residential Single Family District.
2. The property is guided in the Land Use Plan for Residential - Low Density (1.2 -
4.0 units per net acre).
3. The legal description of the property is attached as Exhibit A.
4. With respect to the proposed rezoning from RSF, Residential Single Family District, to
Residential Low and Medium Density District, RLM, The City Council finds:
a. The proposed rezoning is consistent with the City's Comprehensive Plan and
furthers its goals and policies.
b. The proposed rezoning is compatible with present and future land uses in the area.
c. The proposal conforms to all performance standards contained in the Zoning
Ordinance.
5. The Subdivision Ordinance directs the Planning Commission to consider seven possible
adverse effects of the proposed subdivision. The seven (7) effects and our findings
regarding them are:
a) The proposed subdivision is consistent with the zoning ordinance;
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b) The proposed subdivision is consistent with all applicable city, county and regional
plans including but not limited to the City's comprehensive plan;
c) 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;
d) The proposed subdivision makes adequate provision for water supply, storm
drainage, sewage disposal, streets, erosion control and all other improvements
required by this chapter;
e) The proposed subdivision will not cause environmental damage;
f) The proposed subdivision will not conflict with easements of record; and
g) The proposed subdivision is not premature. A subdivision is premature if any of the
following exists:
1. Lack of adequate storm water drainage.
2. Lack of adequate roads.
3. Lack of adequate sanitary sewer systems.
4. Lack of adequate off-site public improvements or support systems.
6. Variances. The City Council may grant a variance from the regulations contained in this
chapter as part of the plat approval process following a finding that all of the following
conditions exist:
a) The hardship is not a mere inconvenience.
b) The hardship is caused by the particular physical surroundings, shape or
typographical conditions of the land.
c) The conditions upon which the request is based are unique and not generally
applicable to other property.
d) The granting of the variance will not be substantially detrimental to the public
welfare and is in accord with the purpose and intent of this chapter, the zoning
ordinance and comprehensive plan.
7. 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;
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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 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 those aspects of design not adequately covered by other regulations
which may have substantial effects on neighboring land uses.
8. The Planning Case #06-10, dated August 1,2006, 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 Preliminary Plat with variances.
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ADOPTED by the Chanhassen Planning Commission this 1 sl day of August 2006.
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EXHIBIT A
PROPERTY DESCRIPTION OF RECORD:
All that part of Section Five (5), township One Hundred Sixteen (116) North, Range Twenty
Three (23) West, described as follows:
Beginning at a judicial landmark on the north line of said Section Five (5), a distance of
478.5 feet East of the South Quarter Comer of Section 32, Township 117 North, Range
23 West; thence East along the north line of said Section Five (5), a distance of 491.84
feet to a point which is the point of beginning of the land herein described; thence
deflecting right and forming an interior angle of 102 degrees 42 minutes 40 seconds and
running a distance of 53.17 feet; thence deflecting left and forming an exterior angle of
195 degrees 18 minutes 35 seconds and running a distance of 152.4 feet to a point on the
north line of State Trunk Highway No.7; thence Southwesterly along the north line of
State Trunk Highway No.7, a distance of 150.01 feet; thence Northwesterly, a distance
of 296.70 feet to the north line of said Section Five (5) and which said point is 185.82
West of the place of beginning of this description; thence East along the north line of said
Section Five to the place of beginning containing 1.2 acres of land more or less according
to the government survey thereof.
All that part of Section 5, Township 116 North of Range 23 West described as follows:
Beginning at a judicial landmark on the north line of said Section 5, a distance of 478.5
feet East of the South Quarter Comer of Section 32, Township 117 North of Range 23
West; thence East along the north line of said Section 5 to the Northwesterly line of the
right-of-way of State Trunk Highway No.7 which right-of-way is set forth and described
in Case No. 9902 on file in the office of the Clerk of District Court, Carver County,
Minnesota; thence Southwesterly along said right-of-way to its intersection with a line
drawn through the point of beginning and forming an interior angle of 90 degrees 35
minutes with the north line of said Section 5; thence North to beginning, according to the
United States Government Survey thereof and situate in Carver County, Minnesota.
Excepting all that part of Section 5, Township 116 North of Range 23 West, described as
follows:
Beginning at judicial landmark on the north line of said Section 5, a distance of 478.5 feet
East of the South Quarter Comer of Section 32, Township 117 North of Range 23 West;
thence East on said Section line, a distance of 491.84 feet to a point which is the point of
beginning of the land to be hereinafter described; thence continuing East along said
Section line 317.85 feet to a point; thence South 76.2 feet, more or less to the North right-
of-way line of State Trunk Highway No.7 which right-of-way is described in Case No.
9902 on file in the office of the Clerk of District Court, in and for Carver County,
Minnesota; thence Southwesterly along the North right-of-way line 260.5 feet; thence at
right angles Northwesterly 152.4 feet to a point; thence Northwesterly 51.9 feet to the
point of beginning.
Excepting also all that part of Section 5, Township 116, Range 23 described as follows:
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Beginning at a judicial landmark on the north line of said Section 5, a distance of 478.5
feet East of the South Quarter Comer of Section 32, Township 117, Range 23; thence
East along the north line of said Section 5 to the Northwesterly line of the right-of-way of
State Trunk Highway No.7 which right-of-way is set forth and described in Case No.
9902 on file in the office of the Clerk of District Court in and for Carver County,
Minnesota, which is the point of beginning for the tract to be conveyed hereby; thence
Southwesterly along said right-of-way a distance of 236 feet; thence due North 57 feet;
more or less, to the north line of said Section 5; thence East along said section line for the
place of beginning.
All that part of Section 5, Township 116 North, Range 23 West described as follows, to wit:
Commencing at the Southwest Comer of the Southeast Quarter of Section 32, Township
117 North, Range 23 West; thence Easterly along the north line of said Section 5,
Township 116, Range 23, a distance of 478.5 feet; thence South 585.2 feet; thence South
62 degrees West 687.5 feet; thence North 16 degrees 30 minutes West 196.6 feet; thence
South 73 degrees 18 minutes West 198.5 feet; thence North 16 degrees 20 minutes West
795.8 feet to the north line of said Section 5; thence Easterly along said north line of said
Section 5, a distance of 598.2 feet to point of beginning, the East line of said property
above described runs in a North and South direction.
Excepting from above the following described parcel of land: That part of Section 5,
Township 116, Range 23, Carver County, Minnesota, described as follows:
Commencing at the Southwest Comer of the Southeast Quarter of Section 32, Township
117, Range 23, Hennepin County, Minnesota; thence Easterly along the north line of said
Section 5, a distance of 478.5 feet; thence south, a distance of 585.2 feet; thence South 62
degrees West, a distance of 445.5 feet to the point of beginning of the land to be
described; thence continuing South 62 degrees West, a distance of 242.0 feet; thence
North 16 degrees 30 minutes West, a distance of 196.6 feet; thence South 73 degrees 18
minutes West 198.5 feet; thence North 16 degrees 20 minutes West, a distance of795.8
feet to the north line of said section; thence East along the said north line of said section a
distance of 313.7 feet to a point 284.5 feet West of the Southwest comer of the Southeast
Quarter of Section 32, Township 117, Range 23, Hennepin County, Minnesota; thence
South 25 degrees 12 minutes East 868.1 feet to the point of beginning.
Excepting from above the following described parcel of land: All that part of Section 5,
Township 116 North of Range 23 West described as follows, to wit:
Commencing at a point which is determined as follows:
Commencing at the Southwest comer of the Southeast Quarter of Section 32, Township
117, Range 23 West, thence Easterly along the north line of said Section 5, Township
116, Range 23, a distance of 478.5 feet; thence South 585.2 feet; thence South 62 degrees
West, 687.5 feet; thence North 16 degrees 30 minutes West 196.6 feet, to a point of
beginning of land to be described; thence South 73 degrees 18 minutes West 198.5 feet;
thence North 16 degrees 20 minutes West 219.45 feet; thence Northeasterly 198.5 feet
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along a line parallel with the Southerly line of the tract conveyed herein; thence
Southeasterly 219.45 feet along a line parallel to the Westerly line of the tract conveyed
herein to point of beginning, according to the plat thereof on file or of record in the office
of the Registrar of Titles, Carver County, Minnesota.
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