1g. Agreement to Allow Auto Repair Garage in Property Zoned PUD 10/ 4
MEMORANDUM
TO: Todd Gerhardt, City Manager
CITY OF FROM: Sharmeen Al -Jaff, Senior Planner
CHANHASSEN
DATE: May 24, 2010
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317 SUBJ: Agreement to Allow an Auto Repair Garage in Property Zoned PUD,
Located Northeast of Highway 5 and Southwest of the Intersection of
Kerber Boulevard and Picha Drive (Lot 1, Block 1, West One
Administration Addition )
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections RECOMMENDATION /�
Phone: 952.227.1180 d
Fax: 952.227.1190 • "The City Council approves the attached agreement."
Engineering City Council approval requires a simple majority of City Council present.
Phone: 952.227.1160
Fax: 952.227.1170
Mr. Doug Hansen, the owner of a building located on Lot 1, Block 1, West One
Finance Addition, wishes to lease out a space within the building to an Auto Repair
Phone: 952.227.1140 Garage.
Fax: 952.227.1110
Park & Recreation The subject site is located northeast of Highway 5 and southwest of the
Phone: 952.227.1120 intersection of Kerber Boulevard and Picha Drive. The parcel has an area of 2.2
Fax: 952.227.1110 acres and is occupied by a light industrial building. The building has an area of
36,289 square feet.
Recreation Center,
2310 Coulter Boulevard r
Phone: 952.227.1400
Fax: 952.227.1404 Q -
Planning & y 111 _
Natural Resources �
as7W
Phone: 952.227.1130 —
Fax: 952.227.1110 lit 14 11
Fax:
I .� Public Works � l
1591 Park Road PICNA DR Phone: 952.227.1300 Fax: 952.227.1310
Senior Center Sr9r s V '�r
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
_......... Ai ammo
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Todd Gerhardt, City Manager
May 24, 2010
Page 2 of 2
The site is zoned Planned Unit Development (PUD) and the requested use of Auto Repair
Garage is not permitted on the property.
The owner of the property stated that they had an auto repair Garage as a lessee in the building
which makes it a legal non - conforming use. To resolve this conflict, staff recommends the City
enter into an agreement with Mr. Hanson limiting the use of any Auto Repair Garage to no more
than five years. Such use shall terminate on or before May 23, 2015, with the following
conditions:
• Outdoor storage is prohibited including the storage of parts and material.
• No more than one car awaiting repair may be parked outdoors overnight.
• The standards for Light Manufacturing set forth in the PUD Agreement that
encompasses the Subject Property shall apply.
RECOMMENDATION
Staff recommends the City Council adopt the following motion:
"The City Council approves the attached agreement."
ATTACHMENTS
1. Agreement.
2. West One Addition PUD Agreement.
g: \plan\sj\hansen agreement\hansen agreement.doc
AGREEMENT
AGREEMENT made this day of May, 2010, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation ( "City ") and DOUGLAS M. HANSEN
and BEVERLY J. HANSEN, husband and wife ( "Owner ").
RECITALS
A. Owner is the fee owner of certain property in the City of Chanhassen,
Minnesota with a street address of 7900 Kerber Boulevard, legally described as follows:
Lot 1, Block 1, West One Addition, Carver County, Minnesota
hereinafter the "Subject Property ".
B. The Subject Property is zoned PUD. Repair garages are not an allowed use
of the Subject Property.
C. Owner believes that the Subject Property has been used for the
maintenance, servicing and repair of motor vehicles ( "Repair Garage ") and that the non-
conforming use has the legal right to continue.
D. The City believes that the Repair Garage is not a legal non - conforming use.
E. The Parties desire to amicably resolve and settle their differences and avoid
the cost of litigation.
NOW, THEREFORE, the parties agree as follows:
1. REPAIR GARAGE. The Subject Property may be used as a Repair Garage
subject to the terms of this Agreement.
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2. CONDITIONS FOR CONTINUED USE. The Subject Property may be used
for a Repair Garage subject to the following conditions:
• Outdoor storage is prohibited including the storage of parts and material.
• No more than one car awaiting repair may be parked outdoors overnight.
• The standards for Light Manufacturing set forth in the PUD Agreement
that encompasses the Subject Property shall apply.
3. TERMINATION OF NON - CONFORMING USE. The use of the Subject
Property for a Repair Garage must terminate on or before May 23, 2015. If the use of the
Subject Property as a Repair Garage is discontinued for one year prior to that date it shall
not be resumed.
4. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the
Parties, their successors and assigns, and subsequent purchasers of the Subject
Property.
5. RECORDING. This Agreement shall run with the land and may be recorded
against the title to the Subject Property.
6. BINDING AFFECT. This Agreement is binding upon the parties, their
successors, heirs, and assigns.
CITY OF CHANHASSEN
BY:
(CITY SEAL) Thomas A. Furlong, Mayor
AND
Todd Gerhardt, City Manager /Clerk
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
, 2010, by Thomas A. Furlong and by Todd Gerhardt, the Mayor
and City Manager /Clerk of the City of Chanhassen, a Minnesota municipal corporation, on
behalf of the corporation and pursuant to the authority granted by its City Council.
NOTARY PUBLIC
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OWNER:
Douglas M. Hansen
Beverly J. Hansen
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2010, by Douglas M. Hansen and Beverly J. Hansen, husband
and wife.
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve, Suite #317
Eagan, Minnesota 55121
Telephone: (612) 452 -5000
RNK:srn
151871v01 3
RNK:05 /20/2010
ft Not
PLANNED UNIT DEVELOPMENT AGREEMENT
•
AGREEMENT dated this 28th day of June, 1993, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation ( "City ") and WEST ONE PROPERTIES,
a 'Minnesota general partnership ( "Developer ").
1. REQUEST FOR APPROVAL. The Developer has asked the City to rezone the
land encompassed in the WEST ONE ADDITION ( "subject property ") to planned unit
development ( "PUD ").
2. CITY APPROVAL. The City hereby grants PUD approval subject to the terms
of this Agreement.
3. PURPOSE. The purpose of this zone is to create a PUD that will allow the
of an existing office /light manufacturing use. It is intended that this use be
• expansion
operated and maintained to preserve its low intensity character to ensure its compatibility
with surrounding uses and the greater Chanhassen Central Business District.
4. PERMITTED USES. Permitted uses are limited to the following:
• Light Manufacturing
• Retail
• Newspaper and Small Printing Offices
• Veterinary Clinic
• Animal Hospital
• Offices
5. STANDARDS.
A. Light manufacturing is subject to the following limitations:
• no visible emissions of smoke
• no noise emissions exceeding the MPCA standards measured at
the property line
no outdoor, unscreened storage of materials, trash storage,
shipping pallets except for recycling materials
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01/20/94
• • no overnight parking of semi- trailers or inoperable vehicles
♦ all parking must be accommodated on -site in a concealed location
behind the building.
B. Retail uses are subject to the following limitations:
• signage consistent with approved sign package
• retail uses must be consistent with the site's restricted parking.
6. CBD ZONING. Except as specifically provided herein, the subject property is
subject to the requirements of the CBD, Central Business District, zoning
district as may be amended.
7. EFFECT OF PLANNED UNIT. DEVELOPMENT APPROVAL. For two (2) years
from the date of this Agreement, no amendments to the City's Comprehensive Plan or
official controls shall apply to or affect the use, development, .density, lot size, tot layout or
dedications of the development unless required by state or federal law or agreed to in writing
.by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to
the contrary, to the full extent permitted by state law, the City may require compliance with
any amendments to the City's Comprehensive Plan, official controls, platting or dedication
requirements enacted after the date of this Agreement.
8. COMPLIANCE WITH LAWS AND REGULATIONS. The Developer represents to
the City that the proposed development complies with all applicable City, County, .
Metropolitan, State, and Federal laws and regulations, including but not limited to planned
unit development ordinance, subdivision ordinances, zoning ordinances, and environmental
regulations. The Developer agrees to comply with such laws and regulations.
9. ENFORCEMENT. The Developer shall reimburse the City for costs incurred in
the enforcement of this Agreement, including reasonable engineering and attorney's fees.
• The Developer shall pay in full all bills submitted to it by the City within sixty (60) days after ,
11628
07/20/94 CHAN:WEST ONE ADD.
o eceipt. If the bills are not paid on time, the City may halt all development work until the .bills
are paid in full. Bills not paid within sixty (60) days shall be subject to an eight percent (8 %)
per annum interest charge.
10. MISCELLANEOUS.
A. Breach of any material term of this Agreement by the Developer shall be
grounds for denial of building permits.
B. If any portion, section, subsection, sentence, clause, paragraph, or phrase
of this Planned Unit Development Agreement is for any reason held invalid as a result of a
challenge brought by the Developer, its agents or assigns, the City may, at its option, declare
the entire Agreement null and void and approval of the final planned unit development shall
thereby be revoked.
• C . The action o r i nact i on of any party shall not constitute a waiver or
amendment to the provisions of this Agreement. To be binding, amendments or waivers shall
be in writing, signed by the parties, and approved by written resolution of the City Council.
Any party's failure to promptly take legal action to enforce this Agreement after expiration
of time in which the work is to be completed shall not be a waiver or release.
D. This Agreement shall run with the land and shall be recorded in the
Carver County Recorder's office.
E. This Agreement shall be liberally construed to protect the public's
interest.
F. This Agreement shall be binding upon the parties, their heirs, successors,
or assigns, as the case may be.
•
11628 CHAN:WEST ONE ADD.
01 /20 /94 3
G. The Developer represents to the City that the Planned Unit Development
•
is not of "metropolitan significance" and that a state environmental impact statement is not
required: However, if the City or another governmental entity or. agency determines that a
federal or state impact statement or any other review, permit, or approval is required, the
Developer shall prepare or - obtain it at its own expense. The Developer shall reimburse the .
City for all expenses, including staff time and reasonable attorney's fees, that the City incurs .
in assisting in preparation.
CITY OF CHANHASSEN
BY• ��-��
on nald C am - • i - Mayor.
(SEAL) W
' AND . • _ __
Don Ashwort , City Manager
WEST ONE PROPERTIES
BY: . , G&c ,� 44 /'T 4Lvt-v-e,-z---
Douglas/M. ansen, general partner
AND - ,.,. k.. f�--
R Bert b. Nyn, general partner
STATE OF MINNESOTA .) •
(ss.
COUNTY OF CARVER . ) . • The foregoing instrument was acknowledged before me this . I7' day of
• . 1:994, by Donald J. Chrniet and by Don Ashworth, the Mayor and City
Manager co the City of Chanhassen, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
• r .7 taT4 .. E gi iARDT
FAQ : f k NOT P
.. " U3UC— :: : : ? d ESGTA ` NO ARY P i : IC
its" ` ) C\ r'\'tR CU N i i
E st: ` "' e. OCT 16. 1997
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11628 • CHAN:WEST ONE ADD.
01/20/94 4
•
STATE OF MINNESOTA )
(ss.
COUNTY OF C , )
The foregoing instrument was acknowledged before me this A7- day of
.cam , 1994, by Douglas M. Hansen and by Robert 0. Nyen, general partners of West
ne Propies, a Minnesota general partnership, on behalf of the :partnership.
N''TAR 'UB ■
� r.''-=:-.: KAREN J. ENGELHARDT
l NOTARY PUBLIC—MINNESOTA 1
Z CAR COUNTY l
DRAFTED • BY: + 4 n y Co—n; ,:on ben 07 16: 3997 t
Campbell, Knutson, Scott & Fuchs, P.A. .`��
317 Eagandale Office Center
1380 Corporate Center Curve
Fagan, Minnesota 55121
(612) 452.5000
•RNK :srn
•
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01/20/94 5