Signed Findings of Fact and Decision- Lyman Blvd Metes and Bounds subd1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of the City of Chanhassen for Subdivision approval of excess right-of-way with a
related Variance from City Code section 18-4 to permit the subdivision to be recorded with a
metes-and-bounds property description.
On November 24, 2025, the Chanhassen City Council met at its regularly scheduled meeting to
consider the application of the City of Chanhassen for approval of a metes and bounds
subdivision with a variance to create a new parcel from excess right-of-way. The City Council
conducted a public hearing on the proposed subdivision and variance preceded by published and
mailed notice. The City Council heard testimony from all interested persons wishing to speak
and now makes the following:
FINDINGS OF FACT
1. The property has been deemed excess public right of way by Carver County.
2. The property does not currently have an established zoning district.
3. The property is guided in the 2040 Comprehensive Land Use Plan for Mixed Use.
4. The legal description of the property is found in Exhibit B.
5. City Code section 18-4 establishes when a property can be conveyed through metes and
bounds.
6. City Code section 18-22 establishes criteria for the city council to grant a variance from the
regulations contained in the subdivision ordinance.
7. SUBDIVISION FINDINGS
a. The proposed subdivision is consistent with the zoning ordinances;
Finding: No conflicts were found between the zoning ordinance and the proposed
subdivision except for the variance outlined below which is recommended for approval.
b. The proposed subdivision is consistent with all applicable city, county and regional plans
including but not limited to the City's Comprehensive Plan;
Finding: The proposed subdivision is consistent with the property’s guidance under the
City’s 2040 Comprehensive Plan and aligns with following polices and goals:
1) Land Use:
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a. Create a mixture of development capable of providing a high quality of life
and a reliable tax base;
b. Encourage development within the MUSA.
No conflicts were found between the proposed subdivision and applicable city, county, and
regional plans.
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;
Finding: The aforementioned physical characteristics of the site are conducive to mixed-use
development.
d. The proposed subdivision makes adequate provision for water supply, storm drainage,
sewage disposal, streets, erosion control, and all other improvements required by the
subdivision ordinance, Chapter 18, and Water, Sewers and Sewage Disposal, Chapter 19;
Finding: Public water and sewer services, as well as access to a public street, are present,
and any future development will provide erosion control, stormwater, and other
improvements that meet the requirements of the City Code.
e. The proposed subdivision will not cause significant environmental damage;
Finding: The proposed subdivision is not expected to cause significant environmental
damage.
f. The proposed subdivision will not conflict with easements of record; and
Finding: The proposed subdivision will not conflict with existing easements.
g. The proposed subdivision is not premature since adequate infrastructure is available. A
subdivision is premature if any of the following exists:
1). Lack of adequate stormwater drainage.
Finding: The proposed subdivision does not require additional stormwater infrastructure.
The site is adjacent to existing city, county, and private stormwater systems which can aid
future development.
2). Lack of adequate roads.
Finding: The property, if developed, will be combined with adjacent existing privately
owned property which has roadway access.
3). Lack of adequate sanitary sewer systems.
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Finding: The property is adjacent to an existing city sanitary sewer system, which could
serve the lot for future development.
4). Lack of adequate off-site public improvements or support systems.
Finding: The proposed subdivision has access to adequate off-site public improvements and
support system.
8. VARIANCE FINDINGS WITH A SUBDIVISION
The proposed metes and bounds subdivision meets the requirements of the subdivision
ordinance if a variance is granted from section 18-4 of City Code. This section does not
allow conveyances of land to be filed or recorded if the land is described in the conveyance
by metes and bounds unless it falls under the list of written exceptions. This property does
not meet any of the exceptions laid out in City Code and therefore requires a variance.
a. The hardship is not a mere inconvenience;
Finding: The hardship experienced by the applicant is due to the county’s acquisition of
excess right-of-way that has since been deemed unnecessary.
b. The hardship is caused by the particular physical surroundings, shape or topographical
conditions of the land;
Finding: The hardship is caused by the property’s location on a county highway that
necessitated reconstruction and the subsequent acquisition of excess right-of-way.
c. The condition or conditions upon which the request is based are unique and not generally
applicable to other property;
Finding: The condition upon which the request is based is unique to the property as it
consists of excess right-of-way being acquired by the city, which is not generally
applicable to other property.
d. The granting of a 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.
Finding: The granting of this variance will not be substantially detrimental to public
welfare. The property shall remain unchanged if ownership is maintained by the city, or
it will be combined with an adjacent parcel and made to conform with the zoning
ordinance and the comprehensive plan.
DECISION
The City Council approves the resolution approving the metes and bounds subdivision
with a variance to create a new parcel from excess right-of-way subject to the conditions of the
planning report.
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ADOPTED by the Chanhassen City Council this 24th day of November 2025.
CHANHASSEN CITY COUNCIL
BY:___________________________________
Its: Mayor
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Exhibit A:
That part of the following described property lying north of the south 60.00 feet thereof:
Tract A. The Southwest Quarter of the Northwest Quarter of Section 24, Township 116 North,
Range 23 West, Carver County, Minnesota;
Which lies southerly and westerly of Line 2 described below:
Line 2. Beginning at Right of Way Boundary Corner B1729 as shown on Minnesota Department
of Transportation Right of Way Plat No. 10-17 as the same as is on file and of record in the
office of the County Recorder in and for said County; thence easterly on a azimuth of 90 degrees
29 minutes 44 seconds along the boundary of said plat for 550.03 feet of Right of Way Boundary
Corner B30; thence on an azimuth of 179 degrees 35 minutes 22 seconds for 85.22 feet to the
south line of said Southwest Quarter of the Northwest Quarter and there terminating.
Containing ±13,874 sq. ft. or ±0.319 acres.
Exhibit B:
That part of Tract A described below:
Tract A. The Southwest Quarter of the Northwest Quarter of Section 24, Township 116 North,
Range 23 West, Carver County, Minnesota;
Which lies southwesterly of Line 1 described below and southerly and westerly of Line 2
described below:
Line 1. Beginning at a point on a line run parallel with and distant 33 feet east of the west line of
said Section 24, distant 100 feet northerly of its intersection with the northerly boundary of the
public road running on the south line of Tract A hereinbefore described; thence run southeasterly
to a point on said northerly boundary, distant 100 feet easterly of said intersection and there
terminating;
Line 2. Beginning at Right of Way Boundary Corner B1729 as shown on Minnesota Department
of Transportation Right of Way Plat No. 10-17 as the same as is on file and of record in the
office of the County Recorder in and for said County; thence easterly on a azimuth of 90 degrees
29 minutes 44 seconds along the boundary of said plat for 550.03 feet of Right of Way Boundary
Corner B30; thence on an azimuth of 179 degrees 35 minutes 22 seconds for 85.22 feet to the
south line of said Southwest Quarter of the Northwest Quarter and there terminating.
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