06-32 Findings of Fact
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE: The application of Mr. Tim Erhart
Planning Case No. 06-32
On October 3, 2006, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Mr. Tim Erhart for a wetland alteration permit for the
construction of access to the western portion of the applicant's property and stormwater ponding.
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. The Planning Commission has made recommendations to
the City Council. The Chanhassen City Council now makes the following:
FINDINGS OF FACT
1) The property is currently zoned A2 (Agricultural Estate District).
2) The property is guided by the Land Use Plan for Residential Low Density.
3) The legal description of the property is Outlot A, Butternut Ridge Addition, Carver
County, Minnesota.
4) Two aglurban wetlands are proposed to be affected by the proposed project and wetland
mitigation plan.
5) The total amount of wetland impact proposed is 0.58 acres (25,382 square feet).
6) Section 20-404 of the City Code stipulates that there should be no net loss of wetlands.
Finding: The project proposes wetland replacement at a greater than 2: 1 ratio through
the creation of wetlands on-site and stormwater ponding and buffer dedication for public
value credits. Therefore, there will be no net loss of wetlands.
7) Section 20-407 of the City Code requires an applicant for a wetland alteration permit must
demonstrate compliance with the sequencing requirements set forth therein.
Finding: The proposed project has demonstrated sufficient sequencing.
8) Section 20-408 of the City Code stipulates that no person shall drain, excavate in the
permanent of semi-permanent flooded areas of type 3, 4, or 5 wetlands, or fill a wetland,
wholly or partially, or otherwise impact wetlands without first having a wetland
replacement plan or other determination approved by the city.
Finding: Upon approval of the wetland alteration permit, the proposed project will be
compliant with this requirement.
9) Section 20-409 of the City Code stipulates that wetland fill must be consistent with the
Chanhassen Surface Water Management Plan and the Minnesota Wetland Conservation
Act.
Finding: The proposed project is consistent with the City's Surface Water Management
Plan and the Minnesota Wetland Conservation Act.
10) Section 20-412 of the City Code stipulates that wetland mitigation must comply with
Chanhassen City Code and the Minnesota Wetland Conservation Act.
Finding: The proposed project is consistent with City Code and the Minnesota Wetland
Conservation Act.
11) The planning report for Planning Case #06-32, dated October 3, 2006, prepared by Lori
Haak is incorporated herein.
DECISION
The Planning Commission recommends the City Council approve the Wetland Alteration Permit for
Planning Case #06-32 for the alteration of wetlands for the construction of an access road and
stormwater ponding.
ADOPTED by the Chanhassen Planning Commission this 3rd day of October, 2006.
CHANHASSEN PLANNING COMMISSION
BY:
G:\PLAN\2006 Planning Cases\06-32 Tim Erhart W AP\Erhart Findings of act.doc