Findings of Fact - signedCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE: Application of Civil Site Group — Planning Case No. 2022-03, Morin Addition.
Request for Rezoning of 4.75 acres of property zoned RR, Rural Residential District, to RSF,
Single Family Residential and Subdivision of 4.75 acres in two lots, Morin Addition.
On July 19, 2022, the Chanhassen Planning Commission met at its regularly scheduled meeting
to consider the application of Civil Site Group for rezoning of 4.75 acres from RR to RSF and
subdividing the property into two lots. The Planning Commission conducted a public hearing on
the proposed development 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 RR, Rural Residential District.
2. The property is guided in the Land Use Plan for Residential — Low Density.
3. The legal description of the property is described in the attached Exhibit A.
4. Rezoning Findings:
The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse
effects of the proposed amendment. The six (6) effects and our findings regarding them are:
a. The proposed zoning has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the official city's Comprehensive
Plan.
b. The proposed zoning is or will be compatible with the present and future land uses of the
area.
c. The proposed zoning conforms with all performance standards contained in the Zoning
Ordinance.
d. The proposed zoning will not tend to or actually depreciate the area in which it is
proposed.
e. The proposed zoning can be accommodated with existing public services and will not
overburden the city's service capacity.
f. Traffic generation by the proposed use within the zoning district is within capabilities of
streets serving the property.
SUBDIVISION FINDINGS
a. The proposed subdivision is consistent with the zoning ordinance;
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 stormwater
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 stormwater drainage.
2) Lack of adequate roads.
3) Lack of adequate sanitary sewer systems.
4) Lack of adequate off -site public improvements or support systems.
Finding: The proposed development is consistent with the city's Comprehensive Plan
and zoning ordinance. Staff is recommending approval of the request with conditions.
The Planning Commission regards the request as a reasonable use of the land. The
overall design is sensitive to the city's image.
7. The planning report #2022-03 dated July 19, 2022, prepared by Sharmeen Al-Jaff et al, is
incorporated herein.
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RECOMMENDATION
The Planning Commission recommends that the City Council approve the proposed development
including a Rezoning of 4.75 acres of property zoned RR, Rural Residential District to RSF, Single
Family Residential District, and Subdivision of 4.75 acres into two lots.
ADOPTED by the Chanhassen Planning Commission this 19th day of July, 2022.
CHANHASSEN PLANNI COMMISSION
BY:
Mark von Oven, Chairman
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EXHIBIT A
DESCRIPTION OF PROPERTY SURVEYED
That part of Government Lot 5, Section 2, Township 116, Range 23, Carver County, Minnesota,
described as
follows:
Commencing at the northeast corner of said Government Lot 5; thence westerly along the north
line of said Government Lot 5 a distance of 308.34 feet to the point of beginning; thence
continue westerly along the north line of said Government Lot 5 a distance of 180.08 feet; thence
southerly, parallel with the west line of said Section 2 to the shore line of Lake Lucy; thence
easterly along said shore line to the intersection with a line parallel with the west line of said
Section 2 and passing through the point of beginning; thence northerly, parallel with the west
line of said Section 2, to the point of beginning.
Subject to a street easement over and across the north 33 feet thereof.
AND TOGETHER WITH a 15 foot easement for walkway purposes over and across that part of
the following described property:
That part of Government Lot 5, Section 2, Township 116, Range 23, Carver County, Minnesota,
described as follows : Beginning at the northeast corner of said Government Lot 5; thence
westerly along the north line of said Government Lot 5 a distance of 308.34 feet; thence
southerly, parallel with the west line of said Section 2 to the shore line of Lake Lucy; thence
easterly along said shoreline to the intersection with the east line of said Government Lot 5;
thence northerly along the east line of said Government Lot 5, to the point of beginning. ALSO
The West Quarter of the Northeast Quarter of the Southwest Quarter of Section 2, Township
116, Range 23, Carver County, Minnesota. Subject to a road easement over and across the south
33.00 feet thereof.
Which lies 7.50 feet on each side of the following described line:
Commencing at the northeast corner of said Government Lot 5; thence westerly along the north
line of said Government Lot 5 a distance of 308.34 feet; thence southerly, parallel with the west
line of said Section 2 a distance of 810.0 feet to the point of beginning of the line to be
described; thence deflect 30 degrees to the left 75.00 feet; thence deflect 60 degrees to the right,
75.00 feet to the west line of the above described parcel of land and said line there terminating.
*Please note that the 15 foot easement for walkway purposes described above benefits the
subject property and lies over a part of Lot 7, Block 1, POINTE LAKE LUCY, as shown hereon.
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