Variance 2025-10a recordedDocument Number: A792043
Filed and/or Recorded on
Oct 10, 2025 12:15 PM
Office of the County Recorder/Registrar of Titles
Carver County, Minnesota
Kaaren Lewis, County Recorder
Deputy NV
Document Recording Fees $ 46.00
Document Total $ 46.00
Requesting Party: City of Chanhassen
Pages: 8
This cover page has been added to this document by Carver County Land Records
and is now an official part of this recorded document
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
VARIANCE 2025-10
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby
grants the following variance:
The Chanhassen Board of Appeals and Adjustments approves the requested decreased
wetland setback, subject to the conditions of approval, and adopts the Findings of Facts
and Decision, attached as Exhibit A.
2. Property. The variance is for a property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described in Exhibit B.
3. Conditions. The variance approval is subject to the following conditions:
1. The applicant shall work with staff to update and enhance the buffer establishment
plan. An approved buffer enhancement plan shall be required before recording the
site plan agreement.
2. The location and configuration of the buildings and associated improvements must
substantially conform to what is shown on the proposed survey by Civil Site Group submitted
on August 13, 2025, to the city as apart of Planning Case No. 2025-10.
4. Lapse. If, within one (1) year of the issuance of this variance, the allowed construction has not
been substantially completed, this variance shall lapse.
CITY OF CHANHASSEN
BY: Fe9ZA4 A4VV3
(SEAL) Elise Ryan, Mayor
AND. `,�`,
Laurie Hokkanen, City Manager
STATE OF MINNESOTA )
(ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this I(C)day of r4?- -,bt,.., ,
2025 by Elise Ryan, Mayor, and Laurie Hokkanen, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by
its City Council.
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55') 17
(952) 227-1100
JENNIFER ANN POTTER
Notary Public-+nnasota NO
)MY
RY PUBLIC
commfasion Expires Jan 31.2027
2
Exhibit A
CITY OF CI IANI IASSEN
CARVER AND 11FNNI PIN COUNTIES.. MINNI;SOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE: Application of Fusion - AI — Planning, Case No. 2025-10, Eden SprinpIm a site plan
revicvv and tariance request.
On Septernher 2. 2025. the Chanhassen Planning.; Commission met at its rel)ularly scheduled
meeting to consider the application ofl"trsion — Al for a Memory Care Facility.
The Planning Commission conducted a public hearing on the proposed development. preceded
by a published and mailed notice.The Planning Commission heard testimony from all interested
persons wishing to spew and now makes the follot4in :
FINDINGS OF FACT
1. The property is currently zoned R-1 fi District,
2. The property is guided in the [..and tIse Plan for Residential -- 1-ligh Density.
,. The lei; al description ofthe property is described in the attached Exhibit A.
SITE PLAN REVIEW FINDINGS
1. The Applicant has requested approval of the site plan dated August 13, 2025, prepared b`
Anders S. 1M &N .
2. The zoning; ordinance directs the City to consider nine possible adverse effects of the
proposed site plan. The nine effects and our lindin42s reUardinu than are:
a) Is consistent kr ith the elements and ohjcctivcs of the city°s development guides,
including the cornprehensi�e plan, official road mapping. and other plans that may he
adopted.
h) Is consistent with the site plan re\ ie\ti requirements.
c) Preserves the site in its natural state to the extent practicable by minimizino tree and
sail removal and desi�n'iw Lrade chan4oes to he in keepin with the general
appearance of the nei,rrhborim, developed or developing or de\elopin4. areas.
(1) Creation of a harmonious relationship ofhuildings and open spaces krith natural site
features and \vith existin4a and future huildin4gs ha\ in;,; a � isual relationship to the
development.
0 C'reates a functional and haranonious desi4gn. for structures and site features, with
special attention to the fc7llowiny:
i. An internal sense of order for the buildings and use on the site and prevision of a
desirable environment For occupants, visitors and general comnaunity:
ii. The an7ou11t and location of`open space and landscaping:
iii. Materials. textures. colors and details of ConstruCtion as an expression of the
design concept and the cornpatibility of the same with adjacent and nei(diboi-1110
structures and uses: and
iv. Vehicular anti pedestrian circulation, inCluding walkways. interior drives and
parking in terms of location and number of access points to the public streets..
vN idth of interior dri es and access points. general interior circulation. separation
of pedestrian and vehicular traffic and arranwement anti amount of parking.
1) Protects adjacent and neh,,hboring properties throu�0h reasonable provision fOr surf ace
water drainage, sound and si,dit buffers, preservation of views, light and air anti those.
aspects ofdesi,-,n not adequate[\ covered by ether regulations which mas ha\c
substantial effects on neighboring land uses.
g) Within the I Iighway Corridor (1 IC) districts, consistency with the purpose, intent and
standards of'thc I -IC districts.
h) Within the. Bluff'Creek O erla\ tRCO) district.. cons stench with the purpose. intent
and standards of the BCO district.
i) Maintain an acceptable road system level of service.
JFr'm iml,,- The 1�mjyosccl r1cve1Oj 77C17t is consistew with the design rcduii-emews, the
Comj)rehensive Plan. the zoning orclimince. the design vtemehn-cis, and the site plan review
requirements. Stuff is recommending alywovul cif the request with conclilions. The site design is
conilmlihle with the sw-rountlingtic, i7elopmenls. It is funclional and h(n-monious with the area.
ipproval ofthi.s rile plan is contingent upon the c'017clitiorts listed in the ,'hlff rehor'l
dcrlec1r1uWust 6, 202-5, prepurecl hay Rachel Jeske e/ uL
VARIANCES
Variances shall only he permitted r\lien the\ are in harmony vs th the general pu1-110Ses
and intent of this chapter and \ hen the `ari<anccs Lire consistent xs ith the
Comprchcnsis e Plan.
?. When there; are practical difficulties in complying w° th the ronin ordinance.
"Practical difficulties".. as used in connection with the granting of'a variance.. means
that the propert\ owner proposes to use the prollcrt\ in a reasonable manner not
permitted bt this chapter. Practical dif'tic€rlties ir7clnde. but are not limited to..
inadequate access to direst sunl 4,"ht for Snlar cncr4av sr stems.
That the purpose of' the variation is not based upon economic considerations alone.
4. The plight ofthe lando"ner is due to cil-CLIMstances unique Icy the property not created
bN the landowner.
f'}ae variance_ ifgranted. will not alter the essential character of'the locality.
Variances shall be granted ["Or earth -sheltered constr°€rctiora as dei rued in MI S,
216C.06. subd. 14. \\lien in harnionN yyith this chapter.
Finding: The lrrohosed wetlanel setback and parkins; lot seihack variances al-e in hur-morra° with
the Zoning code and the Coral ehensive Plan. Both requested variances are caused by the
wetland site encumbrances, not the hrolaerl'v owner. The alyVicani of. eis the praoical
dif`fcultiec in comj)lvintr with the --oning ordinance hj)rovi(ling reasowthle screening rand
wetland buffer iml)rovemews. tvi ich will maintain the character of the locality. -
Aj)jamv(rl ref these variances is coniin,t em uI)on the con(litioms listecl in the .st(iffrel)ort ;: 5-
10 (luteelAugust 26, 202., lrrcl)crr•ecl hi• R4whel Jeske et ai.
The planning report z;202 -10 dated ALIEust 26.201-5,. prepared Igo Rachel Jeske et al. is
incorporated herein,
RECOMMENDATION AND ACTION
The Plannin`. Commission approves the requested yvetland setback and parking lot setback
variances for constructing, a Memor> Care FacilitN
The Planning Commission recommends approval ol'the proposed Site Plan C« r the proposed
development of a N-lemor} Care Facilit} to the City Council.
ADOPT1:D by the Chanhassen Planning Commission this " dad tat Septemher. 2025.
CIIANIIASSI PLANNING COMMISSION
r
r
11Y:
IICIc ! gives. Chair
EXHIBIT A
DESCRIPTION OF PROPERTY SURVF'YFD
That part ol'Tracts A and B below:
Tract A:
That part of the Southeast Quarter of the Southeast Quarter of Section 10, 'Fownship 1 16 North,
Range 23 West, Carver COL111tV. Minnesota, described as l'ollows:
Beginning at a point on the SOLIth line of* said Southeast Quarter of the Southeast Quarter.
distance 195.0 feet west of the southeast comer thereof-, thence west alow, said south line a
distance of 161.00 feet: thence northerly parallel to the cast line of said Southeast Quarter of the
Southeast Quarter a distance of 591.20 feet: thence deflecti n ri4aht at an anu le of 62 deuecs 00
ffli[IMCS 00 seconds a distance of 150 feet, more or less. to the center line of creek; thence
easterly along said centerline to its intersection with a line drmN n northerly and parallel with said
cast line from point ol'be(ginninO: thence SOLIOM-1% alone said parallel line to the point of
be"inninu
Tract B:
That part of'thc Southeast QLMI-Wr of the: Southeast Quarter of Section 10, Fo\Nnslilp 116 North.
Ran-e 23 West. Carver County,. Minnesota. described as 1611ovks:
Beginning at a point on the south line ol'said Southeast Quarter of the: Southeast Quarter.
distance 195.0 feet west Of the southeast comer thereof: thence northerly parallel with the cast
Inic of'said Southeast Quarter of the SOLIthCaSt Quarter to its intersection ttiith the centerline of
the creek: thence easterlN, alone, said centerline ofthe creek to its intersection with the cast line
said Southeast Quarter of Southeast Quarter: thence SOLIUM-1V along
a said cast line to the
southeast corner of said SOLJtl1caSL Quarter of the Southeast Quarter'. thence west along said SOL1th
line to the Point of beginning, \\hich lies nortlici-IN of the northerly boundary of Minnesota
Department of rransportation Right of Way Plat Numbered 10-09 as the same is on file and of
record in the off ice: of the County Recorder in and for said COUnt\ .
4
Exhibit B
Legal Description:
That part of Tracts A and B below:
Tract A:
That part of the Southeast Quarter of the Southeast Quarter of Section 10, Township 116 North,
Range 23 West, Carver County, Minnesota, described as follows:
Beginning at a point on the south line of said Southeast Quarter of the Southeast Quarter,
distance 195.0 feet west of the southeast corner thereof, thence west along said south line a
distance of 361.00 feet; thence northerly parallel to the east line of said Southeast Quarter of
the Southeast Quarter a distance of 593.20 feet; thence deflecting right at an angle of 62
degrees 00 minutes 00 seconds a distance of 150 feet, more or less, to the center line of
creek; thence easterly along said centerline to its intersection with a line drawn northerly and
parallel with said east line from point of beginning; thence southerly along said parallel line
to the point of beginning.
Tract B:
That part of the Southeast Quarter of the Southeast Quarter of Section 10, Township 116 North,
Range 23 West, Carver County, Minnesota, described as follows:
Beginning at a point on the south line of said Southeast Quarter of the Southeast Quarter,
distance 195.0 feet west of the southeast corner thereof, thence northerly parallel with the east
line of said Southeast Quarter of the Southeast Quarter to its intersection with the centerline of
the creek; thence easterly along said centerline of the creek to its intersection with the east line
said Southeast Quarter of the Southeast Quarter; thence southerly along said east line to the
southeast corner of said Southeast Quarter of the Southeast Quarter; thence west along said
south line to the point of beginning; which lies northerly of the northerly boundary of
Minnesota Department of Transportation Right of Way Plat Numbered 10-09 as the same is
on file and of record in the office of the County Recorder in and for said county.