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2. CUP #88-11 Contractors Yard at 1700 Flying Cloud Dr 1 $ CITYOF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 1 MEMORANDUM ' TO: Board of Adjustments and Appeals and City Council 1 FROM: Sharmin Al -Jaff, Planner I DATE: February 18, 1993 ' SUBJ: Interpretation of Conditional Use Permit Validity, CUP #88 -11 for a Contractor's rP Y Yard on Property Located at 1700 Flying Cloud Drive - Jeff Carson for Harry ' Lindbery. On September 12, 1988, the City Council approved a Conditional Use Permit (88 -11) for contractor's yard activities on property located at 1700 Flying Cloud Drive (Attachment #2). Staff believes that the Conditional Use Permit has expired because substantial construction has not ' taken place within one year of the date on which the Conditional Use Permit was granted (Section 20 -236. Expiration - Attachment #4). On June 8, 1992, staff noticed outdoor storage of seven trailer /containers and ten round concrete pipes at the subject property. On June 11, June 24, and July 11, staff notified Mr. Harry Lindbery, owner of the property, that the outdoor storage taking place on his property is not permitted and requested that it be terminated. Mr. Lindbery did not comply. Staff referred the 1 matter to the City Attorney's Office. The City Attorney's Office filed a complaint against Mr. Lindbery. The complaint outlined the fact that there was illegal storage taking place on the ' property as well as the expiration of the Conditional Use Permit (Attachment #3). On January 13, 1993, the City Attorney sent a formal notification to Mr. Lindbery's attorney, outlining the reasons behind the termination of the Conditional Use Permit (Attachment #1). Mr. Lindbery contested the City Attorney's and staff's interpretation of the ordinance regarding the expiration of the Conditional Use Permit. 1 Section 20- 28(b)(1) of the Zoning Ordinance states that one of the duties of the Board of Adjustments and Appeals is to hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by a city employee in the ' administration of this chapter. The applicant is appearing before you to appeal the determination of city staff. There are several facts pointed out by the applicant (Attachment #5). These facts are as follows: t PRINTED ON RECYCLED PAPER 1 1 Board of Adjustments February 18, 1993 1 Page 2 1. The definition of contractor's yard activities does not require a building; that is Mr. t Lindbery does not need to construct a building on this property to use the property for a contractor's yard. 1 Finding: This statement is not entirely accurate. The contractor's yard was approved by the city as a Conditional Use Permit. Part of the proposal was a building to store ' some of the equipment. This was never constructed. 2. Mr. Lindbery has used his property since receipt of the Conditional Use Permit as 1 a contractor's yard Finding: If the applicant used the property as a contractor's yard, then he did with out ' complying with the conditions of approval of the conditional use permit which was approved by the City Council on September 12, 1988. I 3. Although your zoning code has now been amended to prohibit contractor's yards in A -2 , Mr. Lindbery's use would qualify as a legal non - conforming use of his land. ' Findings: The contractors yard never received a Certificate of Occupancy or was scheduled for inspection by staff to determine if the applicant had met all conditions of approval of the Conditional Use Permit approved by the City Council on ' September 12, 1988. In fact, it cannot be grandfathered -in because a contractor's yard was not completed at that location. Also, staff visited the site on different occasions as part of our conditional use permit review procedure and never 1 noticed any type of activity taking place at the site. 4. Although all terms and conditions of the CUP have not literally been met, ' negotiations between Chanhassen staff and Mr. Lindbery over the years have, in fact, amended the CUP alleviating the necessity for strict compliance with the permit. (Example: the requirement that he remove all buildings from the property; conversations with staff concluded that moving caretakers into the house on the property would be sensible for policing and safety protection both to Mr.l Lindbery and to the City.) ' Finding: This is addressed in condition #14 of the Conditional Use Permit. What this condition refers to is the fact that there were existing buildings that were to be removed but that did not mean eliminate the storage building for the contractors yard. The applicant also states that staff had concluded that moving caretakers into the house on the property would be sensible for policing and safety protection both to Mr. Lindbery and to the City. Staff is not aware of when or if this conversation ever took place. 1 1 1 1 Board of Adjustments February 18, 1993 Page 3 5. City staff is not suggesting violation of the CUP terms but rather has taken a position that the CUP has expired, or in the alternative, the use of the CUP has been discontinued. Finding: Staff agrees with this statement. 1 6. A criminal complaint filed in the summer of 1992 regarding improper storage charged Mr. Lindbery with four misdemeanor complaints are pending in Carver County District Court; Mr. Lindbery has since resolved the alleged problems. The offending units themselves were a part of Mr. Lindbery's use of the property as a contractor's yard. Finding: Outdoor storage in a front yard is a prohibited use in the Agricultural Estate District. Furthermore, those units were placed after the expiration of the conditional use permit. 7. Mr. Lindbery has paid $1,164.33 for a building permit to the City of Chanhassen (10/26/89); $34,752.00 for his building shell (3/15/89); $500.00 to MnDOT for their review, all obviously with the anticipation that the building would go up as planned. (Note: The building permit was issued over one year after the effective date of the Conditional Use Permit and yet staff now alleges a one year expiration violation.) Finding: The Building Permit was received on September 11, 1989, which is one day prior to the deadline for submitting a building permit application. The permit was then reviewed and released on October 26, 1989. This permit was for the shell of the storage building only. It was never completed. 8. City staff continued to deal with Mr. Lindbery and the Conditional Use Permit as recent as October 22, 1990, over two year after issuance of the Conditional Use Permit. (These events all took place over two years after issuance of the Conditional Use Permit indicating both that Mr. Lindbery continued to use the property in accordance with the terms of the Conditional Use Permit and that the one year expiration has nothing to do with the construction of a building itself.) Finding: No records were found to support this statement. 9. Hearings to consider amendment of the code to eliminate contractor's yard from A -2 via Conditional Use Permit suggest (a) that existing contractor's yards would be handled as legal, non - conforming uses and (b) that no landowner with a contractor's , yard was notified or present at the hearing. 1 1 1 I Board of Adjustments February 18, 1993 1 Page 4 Finding: Existing uses only can be grandfathered -in and this is not the case here. Staff did I publish the ordinance in the Villager on January 24, 1991 as required by ordinance. I 10. Mr. Lindbery has a legitimate complaint regarding the deficiency in the City's procedural process to date: (a) the Conditional Use Permit itself says a hearing will be held if violation is alleged; (b) Code Section 20.237 requires a public hearing to 1 consider revocation of a Conditional Use Permit. Finding: The applicant is not in violation of the conditional use permit. The conditional 1 use permit has expired, therefore, a public hearing is not required to revoke the conditional use permit. 1 11. Mr. Lindbery has met with other agencies as required by the City and has met all requirements of said agencies. I Finding: Staff agrees with this statement. 1 Based on the foregoing, staff recommends that the Board of Adjustments and Appeals and City Council find that Conditional Use Permit 88 -11 has expired. 1 ATTACHMENTS I 1. 2. Letter from City Attorney dated January 13, 1993 Conditional Use Permit (88 -11). 3. Letter from City Attorney dated October 29, 1992. I 4. 5. Zoning Ordinance, Section 20 -236. Letter from applicant's attorney dated February 15, 1993. 1 1 1 1 1 1 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. Attorneys at Law Th an.i, J C,uu�hrll (612) - 152-5 Ro,cr \ Knutson Fax (612) 452-5550 Thomas \1 Scott Gar G Fuchs James R. \ '('alston ' Elliott R. Knetsch Michael A Rrnhack Renae D Steiner January 13, 1993 Attorney Jeff Carson , CARSON & CLELLAND �Brookdale Corporate Center Suite 305 6300 Shinglecreek Parkway Minneapolis, MN 55430 Re: Your Client: Harry Lindbery ' Chanhassen Conditional Use Permit 88 -11 Dear Mr. Carson: ' We represent the City of Chanhassen. We have been instructed to notify Mr. Lindbery that the City Planning Director , Paul Krauss has made a determination regarding the above referenced conditional use permit. The determination is as follows: 1 1. CUP 88 - is void. City Code Section 20 -236 provides as follows: ' "If substantial construction has not taken place within one (1) year of the date on which the conditional use permit was granted, the permit is void except that, on application, the Council, after receiving recommendation from the Planning Commission, may extend the permit for such additional period as it deems appropriate." Mr. Lindbery installed concrete footings in 1989. Since • that date, no further construction has taken place. Mr. Lindbery has not made an application for an extension. Therefore, it is the City's determination that CUP 88 -11 is void. , 2. In the alternative, the conditional use was discontinued for six (6) months so the permit is void. City Code Section 20 - 236 states as follows: RECEIVED "If the conditional use is discontinued for six (6) months, the conditional use permit shall become voidjAIN 1 1993 • h�atN t,:11 x OF (.MAIN Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121 /I r Attorney Jeff Carson January 13, 1993 Page 2 1 This section shall apply to conditional use permits issued prior to February 19, 1987, but the six (6) month period shall not be deemed to commence until February 19, 1987." Mr. Lindbery has not conducted any contractor's yard ' activities on the subject property at any time, other than illegal storage of containers and concrete pipes. Therefore, the conditional use permit is void. City Code Section 20 -236 does apply to any permit issued after the effective date of that section, which was December 15, 1986. The reference to February 19, 1987 allows a grace period for permits issued prior to February 19, 1987. It does not have the effect of limiting section 20 -236 to permits issued prior to February 19, 1987. 3. The time to extend the permit has expired. City Code Section 20 -236 allows a person to file an application to extend a conditional use permit. Mr. Lindbery's permit was issued September 12, 1988. Mr. Lindbery had until September 11, 1989 to ' file for an extension. Mr. Lindbery did not file an extension within the time specified by the ordinance. Therefore, the City Council has no power to grant an extension at this time. If your client is aggrieved by this determination, he may file an appeal with the Board of Adjustments and Appeals pursuant to City Code Section 20- 28(b)(1) (copy enclosed). i Your client also has the option of meeting with City staff prior to the hearing with the Board of Adjustments and Appeals. You may contact Sharmin Al -Jaff or Paul Krauss directly at (612) 937 -1900 to arrange the meeting. You previously indicated to me that you wanted an opportunity to review the City's file on this matter. I do not object to this request provided I am given notice of when you will review the file. Please call if you have any questions or comments. CAMPBELL, KNUTSON, SCOTT & FUCH A. / By: ...... /i. Elliott B. Kn =•■� EBK:mlw 11 Enclosure cc: Don Ashworth Paul Krauss Sharmin Al -Jaff CITY OF CHANHASSEN I/ CARVE. ..AD HENNEPIN COUNTIES, MIN _..,OTA CONDITIONAL USE PERMIT 1 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional II use permit for: Contractor's yard activities li 2. Property. The permit is for the following described property in the City of Chanhassen, Carver County, Minnesota: II That part of the East Half of the Southeast Quarter of Section 34, Township 116 North, Range 23 West of the 5th Principal II Meridian which lies northerly of the center line of U. S. Highway No. 212 and southerly of the southerly line of Chicago North Western Railway Company. Subject to an easement for Highway No. 212 over and across the southerly 50.00 feet thereof. 3. Conditions. The permit is issued subject to the II following conditions: See attached Exhibit A. II 4. Termination of Permit. The City may revoke the permit following a public hearing under any of the following ' circumstances: material change of condition of the neighborhood where the use is located; violation of the terms of the permit. II 5. Criminal Penalty. Violation of the terms of this II conditional use permit is a criminal misdemeanor. - Dated: September 12, 1988 II t'- CITY = •ANHASSEN ', BY: le... / .1. ,• % II :.1 I t� Ma • By: IIP �� I II ts Clerk STATE OF MINNESOTA) ss I/ COUNTY OF CARVER ) The f regoing instrument was acknowledged before me this .2W day of , 1981, by Thomas L. Hamilton, il Mayor, and D n shworth, City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation. 1 ,i. ./ II .i.. _ _� N tary P• ,, lic A t i t i l My ccr ss,_n e . 31 1 EXHIBIT A 1 1. All outdoor storage areas must be completely screened by 100% opaque fencing, berming or landscaping. A proposed screening plan shall be submitted prior to issuance of a building permit. ' 2. Hours of operation shall be from 7:00 a.m. to 6:00 p.m. Monday through Saturday. Work on Sundays and holidays is not permitted. 3. Light sources shall be shielded. 4. No outside speaker systems are allowed. 5. Compliance with the conditions of MnDOT including installation of a right turn lane and a left turn lane if required by MnDOT. 1 6. Installation of bituminous driveways, parking areas and loading areas. 7. Compliance with the conditions of Resource Engineering as written in their memo dated August 9, 1988. 1 8. Protection of the two septic system sites during construction. 9. Installation of a holding tank. 10. The building must be sprinklered. ' 11. Provision of one handicap parking space. 12. Contractor's yard activities only as defined in the zoning ordi- nance, are permitted. There shall be no shipping or other non- 1 contractor's yard activities. 13. The applicant shall obtain and comply with all conditions of the ' permits from the Department of Natural Resources and the Watershed District permits. 14. All the existing buildings shall be trucked off -site and disposed of properly. 15. The erosion control plan shall be revised to include check dams at 100 -foot intervals in all proposed drainage swales. 16. The plans shall be revised to include erosion control measures for the proposed construction within the immediate area of Bluff Creek. 17. The pond outfall shall be revised to include a submerged outlet detail in place of the wooden skimmer. 18. Submission of a vehicle inventory list. r 19. No heavy equipment or machinery shall be operating between 6:00 p.m. through 7:00 a.m. 20. No shipping activities shall originate on site. 1 1 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. Arn,rnevc ,It l h ul:.l I i uu , I•,11 1:, ”.1, I \ knutui It'I 2) a \1 Sur (1,1\ (i FUJ.h. R Walston Elliott E. Knit Ntfth.h I A F)ti Ruth_ D Steiner October 29, 1992 Mr. Scott Harr Chanhassen City Hall 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 Q D Re: Harry Lindberry Dear Scott: Enclosed please find a formal complaint against Harry Lindberry. Please take the complaint to Carver County District Court and sign it in the presence of a judge. After it is signed by the Court, please file it with the Clerk of Court Criminal Division. CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. •f 1 By: 0 1.4.; Elliott B. • 1 EBK:mlw cc: Sharmin Al -Jaff (w /enc. and 10/2/92 letter to Lindberry) Enclosure 1 RECEIVED 1 OCT 3 0 1992 CITY Or t-r AiNrim 1 Suit,' 317 C tice Center • 1'S0 LIIrj IIr,irc Center Cur\ e • Ewan, n, \1N 5:)L1 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. Attorne it Thom.). J CanTI (612) 452-50 Ru:zer N Knut Fas (612) 45_' 555 Thomas Scot Gan G Fuchs Jamcs R Walston Elliott B. Knctsch October 2, 1992 Michael A. Brohack nr\', r� Rcnae D Steiner D M r. Harry Lindbery 6901 Maloney Avenue Minnetonka, MN 55343 Re: City of Chanhassen Conditional Use Permit 88 -11 i Dear Mr. Lindberg: We represent the City of Chanhassen. We have been instructed r by the City Planning Department to notify you that the Conditional Use Permit referenced above has expired because substantial construction has not taken place within one year of the date on ' which the Conditional Use Permit was granted. You are hereby notified that the outdoor storage taking place ' on your property located at 1700 Flying Cloud Drive is not permitted under the City's Zoning Ordinance. The seven land /sea containers and ten round concrete pipes must be removed within ten days of the date of this letter. Enclosed is a copy of Chanhassen City Code Article 4, Conditional Uses. 11 You are hereby notified that violation of the Chanhassen Zoning Ordinance constitutes a criminal misdemeanor. Each day the violation continues to exist constitutes a separate offense. A criminal misdemeanor is punishable by ninety days in jail and a $700.00 fine. Very truly yours, CAMPBELL, KNUTSON, SCOTT ' & FUCHS, P.A. /I By: A. A_A _.. AAA Elliott B. etsch EBK:mlw 11 Enclosure cc: Attorney Jeffrey A. Carson Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121 I/ STATE OF MINNESOTA DISTRICT COURT COUNTY OF CARVER CRIMINAL DIVISION FILE NO. STATE OF MINNESOTA (City of Chanhassen) 11 Plaintiff, COMPLAINT - SUMMONS vs. FOR MISDEMEANOR OR PETTY MISDEMEANOR HARRY LINDBERRY Defendant, DOB: 6901 Maloney Avenue Minnetonka, MN 55343 COMPLAINT Ca; Scott Harr being duly sworn makes complaint to th above- II named Court and says that he /she believes this information and other persons from whom it is obtained to be reliable and that there is probable cause to believe that the above -named Defendant committed the offense described below. The complainant states that the following facts establish probable cause: Your complainant is Scott Harr, Public Safety Director for the 1 City of Chanhassen. In that capacity I have reviewed City records, files and inspection reports and believe the following facts to be true. 1 The defendant, HARRY LINDBERY, is the owner of certain real property located at 1700 Flying Cloud Drive in the City of Chanhassen, County of Carver, State of Minnesota (Subject Property), legally described as follows: That part of the East Half of the Southeast Quarter of ' Section 34, Township 116 North, Range 23 West of the 5th Principal Meridian which lies northerly of the center line of U.S. Highway No. 212 and southerly of the southerly line of Chicago North Western Railway Company. • (continued) THEREFORE, Complainant requests that said Defendant, subject to bail or" conditions of release where applicable, (1) be arrested or that other lawful steps be taken to obtain Defendant's appearance in court; or (2) be detained, if already in custody, pending further proceedings; II and that said Defendant otherwise be dealt with according to law. Charges: Illegal outdoor Complainant storage (4 counts) Scott Harr Being duly authorized to prosecute the offense charge, I hereby approve this plai Ordinance(s) 20 -909 1 Elliott B. Kn ch, #168130 Prosecuting Attorney, City of Chanhassen SEE REVERSE SIDE FOR COURT DATE 1380 Corporate Center Curve, #317 Eagan, MN 55121 (612) 452 -5000 1 1 CITY OF CHANHASSEN V. HARRY LINDBERRY PAGE 2 11 On or about July 8, 1992, the Subject Property was inspected by a City building official. The inspector observed seven sea /land containers stored in the open on the Subject Property. The ' inspector also observed approximately ten round concrete pipes stored openly on the Subject Property. 11 On July 14, 1992, the Subject Property was inspected by a person from the City Planning Department. The City Planner observed the seven sea /land containers and approximately ten round concrete pipes stored openly on the Subject Property. On October 28, 1992, the Subject Property was inspected by a person form the City Planning Department. The City Planner observed the seven sea /land containers and approximately ten round concrete pipes stored openly on the Subject Property. Chanhassen City Code Section 20 -909 - Outdoor Storage, prohibits outdoor storage in the manner that it is being conducted on the Subject Property. OFFENSES COUNT I - ILLEGAL OUTDOOR STORAGE - Chanhassen City Code Section. 20 -909 - 0 - 90 days and /or $700 That on or about July 8, 1992, in the City of Chanhassen, County of Carver, State of Minnesota, the defendant, HARRY LINDBERY, then and there being, did wrongfully and unlawfully permit illegal outdoor storage on the Subject Property. COUNT II - ILLEGAL OUTDOOR STORAGE - Chanhassen City Code Section 20 - 909 - 0 - 90 days and /or $700 That on or about July 14, 1992, in the City of Chanhassen, County of Carver, State of Minnesota, the defendant, HARRY LINDBERY, then and there being, did wrongfully and unlawfully permit illegal outdoor storage on the Subject Property. COUNT III - ILLEGAL OUTDOOR STORAGE - Chanhassen City Code Section 20 -909 - 0 - 90 days and /or $700 That on or about October 28, 1992, in the City of Chanhassen, County of Carver, State of Minnesota, the defendant, HARRY LINDBERY, then and there being, did wrongfully and unlawfully permit illegal outdoor storage on the Subject Property. 1 11 1 CITY OF CHANHASSEN V. HARRY LINDBERRY PAGE 3 COUNT IV - ILLEGAL OUTDOOR STORAGE - Chanhassen City Code Section 20 -909 - 0 - 90 days and /or $700 That on or about July 15, 1992, and each day thereafter, in the City of Chanhassen, County of Carver, State of Minnesota, the defendant, HARRY LINDBERY, then and there being, did wrongfully and unlawfully permit illegal outdoor storage on the Subject Property. 11 I/ t r • 1 r 1 I/ 1 1 I/ 1 1 § 20 -233 CHANHASSEN CITY CODE (b) In determining conditions, special considerations shall be given to protecting nmmedi. ate adjacent properties from objectionable views, noise. traffic and other negative character - istics associated with such uses. (Ord No 80, Art. III, § 2(3 -2 -4), 12-15-86) Sec. 20 -234. Denial for noncompliance. 1 If the council denies a conditional use permit, it shall state findings as to the ways in which the proposed use does not comply with the standards required by this chapter. (Ord No 80, Art. III, § 2(3 -2 -5), 12-15-86) Sec. 20 -235. Permits not personal. A conditional use permit shall be issued for a particular use and not for a particular person (Ord No. 80, Art. III, § 2(3 -2 -6), 12.15 -86) / Sec. 20 -236. Expiration. If substantial construction has not taken place within one (1) year of the date on which the conditional use permit was granted, the permit is void except that, on application, the council. after receiving recommendation from the planning commission, may extend the permit for such additional period as it deems appropriate If the conditional use is discon- tinued for six (6) months, the conditional use permit shall become void. This section shall apply to conditional use permits issued prior to February 19, 1987, but the six -month period shall not be deemed to commence until February 19, 1987. (Ord No 80, Art III, § 2(3 -2 -8), 12- 15 -86) Sec. 20 -237. Revocation and inspection. (a) Failure to comply with any condition set forth in a conditional use permit shall be a misdemeanor and shall also constitute sufficient cause for the revocation of the conditional use permit by the city council following a public hearing. The property owner shall be notified in advance of the city council's review of the permit. (b) Inspections will be conducted at least annually to determine compliance with the terms of a conditional use permit. (Ord. No. 80, Art. III, § 2(3 -2 -7), 12-15-86; Ord. No. 106, § 1, 8- 14 -89) Secs. 20-238-20-250. Reserved. DIVISION 3. STANDARDS FOR AGRICULTURAL AND RESIDENTIAL DISTRICTS 1 Sec. 20-251. Scope. In addition to all other standards required by section 20 -232, the standards in this division shall apply to conditional uses if they are to be located in agricultural or residential districts. (Ord. No. 80, Art. V, § 9(5-9-1), 12- 15 -86) Supp. No. 2 1176 7/ 1 CARSON AND CLELLAND ATTORNEYS AT LAW 6300 SHINGLE CREEK PARKWAY, SUITE 305 JEFFREY A. CARSON MINNEAPOLIS, MINNESOTA 55430-2190 TELEPHONE WILLIAM G CLELLAND (612) 561 -2800 STEVEN C. HEY FAX ELLEN M SCHREDER (612) 561-1943 February 15, 1993 1 Ms. Sharmin Al -Jaff, Planner I HAND DELIVERED CITY OF CHANHASSEN 690 Coulter Drive P.O. Box 147 Chanhassen, Minnesota 55317 RE: Lindbery Application 1 Dear Ms. Al -Jaff: I/ Pursuant to your direction, I enclose a copy of my Memorandum together with Exhibits for my presentation before the Board of Appeals and Adjustments and the Chanhassen City Council. I understand this matter is on for hearing the 22nd of February, 1993, at 6:30 p.m. Thank you for your assistance. Very truly yours, CARSON AND CLELLAND ' 7 / Jeffrey A. Carson JAC:nrz 1 Enclosure cc: Harry Lindbery 1 1 1 1 1 IN RE: THE CONDITIONAL USE PERMIT OF HARRY LINDBERY FOR OPERATION OF A CONTRACTOR'S YARD AT 1700 FLYING CLOUD DRIVE, CHANHASSEN, MINNESOTA M E M O R A N D U M 11 TO: Mayor, Council and Board of Adjustments and Appeals City of Chanhassen In September of 1988, Harry Lindbery, owner of the property located at 1700 Flying Cloud Drive, Chanhassen, Minnesota, and consisting of approximately 40 acres, received a Conditional Use Permit from the City of Chanhassen (CUP 88 -11) for operation of a contractor's yard and contractor's yard activities. The zoning district is A -2. Contractor's yard activities are defined in the Chanhassen Code as follows: Contractor's yard means any area or use of land where vehicles, equipment, and /or construction materials and supplies commonly used by building, excavation, roadway construction, landscaping and similar contractors are stored or serviced. A contractor's yard includes both areas of outdoor storage and areas confined within a completely enclosed building used in conjunction with a contractor's business. Exhibit 1. Mr. Lindbery has, in fact, used and operated the property identified above within the Code definition of a contractor's yard since that date. At the time Mr. Lindbery made his application to Chanhassen, he intended, and still intends, to construct a 7,000 square foot building on the property. Over the past several years, circumstances (mainly outside the control of Mr. Lindbery) have 1 1 I/ caused the construction of the building to be delayed. I will outline the circumstances of the building delay below. 1 Before discussing the history of the building itself, I would like to point out several facts that should be considered by the City: 1) The definition of contractor's yard activities does not , require a building; that is Mr. Lindbery does not need to construct a building on this property to use the property for a contractor's yard. Exhibit 1. 2) Mr. Lindbery has used his property since receipt of the Conditional Use Permit as a contractor's yard. 1 3) Although your zoning code has now been amended to prohibit contractor's yards in A -2, Mr. Lindbery's use would qualify as a legal non - conforming use of his land. Exhibit 2. 4) Although all terms and conditions of the CUP have not 1 literally been met, negotiations between Chanhassen staff and Mr. Lindbery over the years have, in fact, amended the CUP alleviating the necessity for strict compliance with the permit. (Example: the requirement that he remove all buildings from the property; conversations with staff concluded that moving caretakers into the house on the property would be sensible for policing and safety protection both to Mr. Lindbery and to the City.) Exhibit 3. 5) City staff is not suggesting violation of the CUP terms but rather has taken a position that the CUP has expired, or in the alternative, the use of the CUP has been 11 discontinued. Exhibit 4. 6) A criminal complaint filed in the summer of 1992 regarding improper storage charged Mr. Lindbery with four misdemeanors, which misdemeanor complaints are pending in Carver County District Court; Mr. Lindbery has since resolved the alleged problems. The offending units 1/ themselves were a part of Mr. Lindbery's use of the property as a contractor's yard. Exhibit 5. 7) Mr. Lindbery has paid $1,164.33 for a building permit to the City of Chanhassen (10/26/89); $34,752.00 for his building shell (3/15/89); $500.00 to MnDOT for their review, all obviously with the anticipation that the building would go up as planned. (Note: The building 2 1 1 11 permit was issue over one year after the effective date of the Conditional Use Permit and yet staff now alleges a one year expiration violation.) Exhibits 6, 7 and 8. 8) City staff continued to deal with Mr. Lindbery and the Conditional Use Permit as recent as October 22, 1990, over two years after issuance of the Conditional Use Permit. See Exhibits 6, 9 and 10. (These events all took place over two years after issuance of the Conditional Use Permit indicating both that Mr. Lindbery continued to use the property in accordance with the terms of the Conditional Use Permit and that the one year expiration has nothing to do with the construction of a building itself.) 9) Hearings to consider amendment of the code to eliminate contractor's yards from A -2 via Conditional Use Permit suggest (a) that existing contractor's yards would be handled as legal, non - conforming uses and (b) that no landowner with a contractor's yard was notified or present at the hearing. Exhibit 11. 10) Mr. Lindbery has a legitimate complaint regarding the deficiency in the City's procedural process to date: (a) the Conditional Use Permit itself says a hearing will be held if violation is alleged; (b) Code Section 20.237 requires a public hearing to consider revocation of a Conditional Use Permit. Exhibit 12. 11) Mr. Lindbery has met with other agencies as required by the City and has met all requirements of said agencies. Exhibit 8. With regard to Mr. Lindbery's attempts to construct the anticipated building on his property per his application, Mr. 11 Lindbery has paid over $36,000.00 for building inspection fees, MnDOT fees and for the building shell itself. He has poured footings and was ready to construct or place the building when a 11 disagreement between Mr. Lindbery and a former Chanhassen Building Inspector stopped progress. This dispute involved the type of heating for the building; Mr. Lindbery wanted to place floor heating in the concrete before pouring and the Building Inspector refused. The Building Inspector refused even though the heating 1 3 1 proposed by Mr. Lindbery met all requirements of the Chanhassen Code (Uniform Building Code). The Building Inspector simply had no right to reject Mr. Lindbery's chosen heating method. Exhibit 13. Additional issues relating to the proper storage for hazardous 1 materials /waste surfaced and took additional time to resolve. Then, unfortunately, Mr. Lindbery crushed his leg in a work related 1 accident and was unable to do any work personally on the building project from June 1, 1991 to approximately June of 1992. I/ But for the dispute between Mr. Lindbery and the former City 1 Building Inspector regarding heating, the building that is under discussion would be up and functional. The fact that there is no building on this property does not detract in any way from the use of the property as a contractor's yard. Mr. Lindbery has now been forced to defend criminal allegations and a jury trial is set in District Court this March; additionally, Mr. Lindbery is required to appear before the City to defend the reasons his building is not constructed and, indeed, defend the continued use of his property for a contractor's yard. In fact, he has continued to use his 1 property as a contractor's yard from the beginning and would like to continue to do so and construct the building that he has purchased. Mr. Lindbery has never ceased using the property as a contractor's yard and mere statements by staff that he has, without any factual basis or support, cannot be the basis of City action. 1 Mr. Lindbery urges es you to consider the above facts and to I/ weigh the relative equities before taking or confirming any adverse 1 4 1 1 Mr. Lindbery urges you to consider the above facts and to weigh the relative equities before taking or confirming any adverse action towards Mr. Lindbery and his contracting yard operation. If you accept staff's recommendation, you are relegating the property to agricultural use, in effect destroying its present usefulness and value. Based on the above history, this would be both unfair and unlawful. Staff has already concluded that Mr. Lindbery's use should end. There was no fact - finding hearing but mere conclusions, statements made regarding the status of the property. Mr. Lindbery continues to use his property for lawful purposes contemplated by the 1988 Conditional Use Permit. We urge you to affirm his position. Respectfully submitted, t CARSON AND CLELLAND DATED: Jeffrey,A'. Carson; ID #1543X Atporney for Harry Lindbery 63,&6 Shingle Creek Parkway Suite 305 Minneapolis, Minnesota 55430 -2190 (612) 561 -2800 1 11 11 1 5 1 I/ EXHIBITS TO MEMORANDUM TO 1 CITY OF CHANHASSEN DATED 2/15/93 Exhibit 1 - Copy of Chanhassen City Code Section 20 -1 relating 1/ to contractor's yards Exhibit 2 - Copy of Chanhassen City Code Sections 20 -71 and 20- 72 relating to the definition of Non- conforming uses Exhibit 3 - Conditional Use Permit dated September 12, 1988 1 Exhibit 4 - Correspondence from City Attorney, Elliott Knetsch dated October 2, 1992 , Exhibit 5 - Criminal Complaint Exhibit 6 - Building Permit Receipt for $1,164.33 paid on 1 10/26/89 Exhibit 7 - Building Purchase Order showing receipt of $34,752.00 Exhibit 8 - Letter from MnDOT dated November 1, 1988 showing payment of $500.00 Exhibit 9 - Inspection Report dated October 22, 1990 Exhibit 10 - Notes attached to Conditional Use Permit dated October 23, 1990 Exhibit 11 - Planning Commission Minutes from April 19, 1989 , meeting Exhibit 12 - Copy of Chanhassen City Code Section 20.237 1 Exhibit 13 - Heating system brochure 1 11 1 1 1 1 1 20 -1 CHANH ASSEN CITY CODE Church means a building r edifice ce consecrated to religious worship, where people join together in some form of public worship under the aegis and direction of a person who is authorized under the laws of the State of Minnesota to solemnize marriages. A church may include living quarters for persons employed on the premises and classroom facilities. The following are not considered as churches. Camp meeting grounds, mikvahs, coffee houses, recreational complexes, retreat houses, sleeping quarters for retreatants during spiritual retreats extending for periods of more than one (1) day. Bible camps with live -in quarters, publishing establishments, ritual slaughter houses, radio or television towers and transmis- sion facilities. theological seminaries, day care centers, hospitals, and drug treatment centers are not churches. Class A wetlands means wetland types 3, 4, 5, 6, 7 and 8. In the case of wetlands adjoining a public waters designated as lake or pond this class shall also include type 2 wetlands. Type 2 wetlands shall also be deemed a class A wetland when adjoining a stream designated as public waters to the extent that it encroaches upon the one - hundred -year floodplain of the stream. Class B wetlands means type 2 wetlands not adjoining a public waters designated as lake or pond nor within the one - hundred -year floodplain of a stream designed as public waters. Clear - cutting means the removal of an entire stand of trees. Collector street means a street that carries traffic from minor streets to arterial streets. Conference center means a preplanned. centrally managed development con - taining facilities for business or professional conferences and seminars and containing n- il commodations for overnight lodging, eating and recreation. The development is characterized by architecturally integrated buildings, common use of parking areas, and incorporation of passes recreational amenities into overall site design. Conforming building or structure means any building or structure which complies with all the regulations of this chapter, or any amendment thereto. Contractor's yard means any area or use of land where vehicles, equipment, and/or construction materials and supplies commonly used by building, excavation, roadway con - struction, landscaping and similar contractors are stored or serviced. A contractor's yard includes both areas of outdoor storage and areas confined within a completely enclosed building used in conjunction with a contractor's business. Cul- de-sac means a minor street with only one (1) outlet and having an appropriate turn- around for the safe and convenient reversal of traffic movement. Day care center means any facility or home where tuition, fees or other forms of compen- sation is charged for the care of children and which is licensed by the state as a day care center. Density, gross means the quotient of the total number of dwelling units divided by the gross site area. Density, net means the quotient of the total number of dwelling units divided by the developable acreage of the site. Developable acreage excludes wetlands, lakes, roadways, and other areas not suitable for building purposes. 1144 EXHIBIT 1 r 1 § 20.60 CHANHASSEN CITY CODE 1 Sec. 20-60. Denial. Variances may be deemed by the board of adjustments and appeals and the council, and such denial shall constitute a finding and determination that the conditions required for approval do not exist. (Ord No. 80, Art. III, 4 1(3.1- 4(6)), 12.15 -86) 1 Secs. 20-61-20-70. Reserved. DIVISION 4. NONCONFORMING USES* Sec. 20.71. Purpose. 1 The purpose of this division is: (1) To recognize the existence of uses, lots, and structures which were lawful when 1 established, but which no longer meet all ordinance requirements; (2) To prevent the enlargement, expansion, intensification, or extension of any noncon- forming use, building, or structure; (3) To encourage the elimination of nonconforming uses, lots, and structures or reduce their impact on adjacent properties. (Ord. No. 165, § 2, 2.10 -92) Sec. 20.72. Nonconforming uses and structures. (a) There shall be no expansion, intensification, replacement, structural change, or relo- cation of any nonconforming use or nonconforming structure except to lessen or eliminate the nonconformity . (b) Notwithstanding any other provisions of this chapter, any detached single- family dwelling that is on a nonconforming lot or that is a nonconforming use or structure may be altered, or expanded provided, however, that the nonconformity may not be increased. If a setback of a dwelling is nonconforming, no additions may be added to the nonconforming side of the building unless the addition meets setback requirements. (c) No nonconforming use shall be resumed if normal operation of the use has been discontinued for a period of twelve (12) or more months. Time shall be calculated as beginning on the day following the last day in which the use was in normal operation and shall run continuously thereafter. Following the expiration of twelve (12) months, only land uses which are permitted by this ordinance shall be allowed to be established. 'Editor's note — Section 2 of Ord. No. 165, adopted Feb. 10, 1992, amended Div. 4 in its • entirety to read as set out in §§ 20.71- 20.73. Prior to amendment, Div. 4 contained §§ 20.71- 20.78, which pertained to similar subject matter and derived from Ord. No. 80, Art. III, § 5, adopted Dec. 15, 1986; and Ord. No. 163, § 1, adopted Feb. 24, 1992. Supp. No. 4 1164 EXHIBIT 2 II : CITY OF CHANHASSEN CARVE. —AD HENNEPIN COUNTIES, MIN _.,OTA II CONDITIONAL USE PERMIT 1. Permit. Subject to the terms and conditions set II forth herein, the City of Chanhassen hereby grants a conditional use permit for: Contractor's yard activities 1 2. Property. The permit is for the following described I property in the City of Chanhassen, Carver County, Minnesota: That part of the East Half of the Southeast Quarter of Section 34, Township 116 North, Range 23 West of the 5th Principal II Meridian which lies northerly of the center line of U. S. Highway No. 212 and southerly of the southerly line of Chicago North Western Railway Company. 11 Subject to an easement for Highway No. 212 over and across the southerly 50.00 feet thereof. II 3. Conditions. The permit is issued subject to the following conditions: See attached Exhibit A. II 4. Termination of Permit. The City may revoke the II permit following a public hearing under any of the following circumstances: material change of condition of the neighborhood II where the use is located; violation of the terms of the permit. 5. Criminal Penalty. Violation of the terms of this II conditional use permit is a criminal misdemeanor. II 1.:Y ^ Dated: September 12, 1988 C :;:z TY s SS II . rn _ I" /r_ I ' Ma • By: IF Its Clerk STATE OF MINNESOTA) ) ss 11 COUNTY OF CARVER ) The f regoing instrument was acknowledged before me this Af #' day of 414'4, A✓ , 19', by Thomas L. Hamilton, Mayor, and Don Plshworth, City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation. ! ••. j r• - - Tz 7:ary P lic J _ . il VW/ bey cell iu:c4 e , _ 1 :91 / EXPIBIT 3 (2 pages) EXHIBIT A 11 1. All outdoor storage areas must be completely screened by 100% opaque fencing, berming or landscaping. A proposed screening plan shall be submitted prior to issuance of a building permit. 2. Hours of operation shall be from 7:00 a.m. to 6:00 p.m. Monday 1 through Saturday. Work on Sundays and holidays is not permitted. 3. Light sources shall be shielded. 1 4. No outside speaker systems are allowed. 5. Compliance with the conditions of MnDOT including installation of II a right turn lane and a left turn lane if required by MnDOT. 6. Installation of bituminous driveways, parking areas and loading 1 areas. 7. Compliance with the conditions of Resource Engineering as written II in their memo dated August 9, 1988. 8. Protection of the two septic system sites during construction. 9. Installation of a holding tank. 10. The building must be sprinklered. 1 11. Provision of one handicap parking space. 12. Contractor's yard activities only as defined in the zoning ordi- 1 nance, are permitted. There shall be no shipping or other non - contractor's yard activities. 13. The applicant shall obtain and comply with all conditions of the permits from the Department of Natural Resources and the Watershed District permits. 1 14. All the existing buildings shall be trucked off -site and disposed of properly. 15. The erosion control plan shall be revised to include check dams at 100 -foot intervals in all proposed drainage swales. 16. The plans shall be revised to include erosion control measures for II the proposed construction within the immediate area of Bluff Creek. 1 17. The pond outfall shall be revised to include a submerged outlet detail in place of the wooden skimmer. I/ 18. Submission of a vehicle inventory list. 19. No heavy equipment or machinery shall be operating between 6:00 p.m. through 7 :00 a.m. 20. No shipping activities shall originate on site. I/ 1 CAMPBELL, KNUTSON, SCOTT & FUCHS, PA. Attorne\ at Lax; -` (F,_)4;_ ` Tr. {{ F,\ tr.: 4 F R.r.,, : January 13, 1993 1 Attorney Jeff Carson CARSON & CLELLAND Brookdale Corporate Center Suite 305 6300 Shinglecreek Parkway Minneapolis, MN 55430 Re: Your Client: Harry Lindbery Chanhassen Conditional Use Permit 88 -11 Dear Mr. Carson: We represent the City of Chanhassen. We have been instructed to notify Mr. Lindbery that the City Planning Director Paul Krauss has made a determination regarding the above referenced conditional use permit. 1 The determination is as follows: 1. CUP 88 -11 is void. City Code Section 20 -236 provides as follows: "If substantial construction has not taken place within one (1) year of the date on which the conditional use permit was granted, the permit is void except that, on application, the Council, after receiving recommendation from the Planning Commission, may extend the permit for such additional period as it deems appropriate." Mr. Lindbery installed concrete footings in 1989. Since that date, no further construction has taken place. Mr. Lindbery has not made an application for an extension. Therefore, it is the City's determination that CUP 88 -11 is void. 2. In the alternative, the conditional use was discontinued for six (6) months so the permit is void. City Code Section 20 -236 states as follows: "If the conditional use is discontinued for six (6) months, the conditional use permit shall become void. Suite 317 • Eagandale Office Center • 1360 Corporate Center Curve • Eagan, MN 55121 EXHIBIT 4 (2 pages' 11 Attorney Jeff Carson 11 January 13, 1993 Page 2 1 This section shall apply to conditional use P ermits issued prior to February 19, 1987, but the six (6) month period shall not be deemed to commence until , February 19, 1987." Mr. Lindbery has not conducted any contractor's yard activities on the subject property at any time, other than illegal storage of containers and concrete pipes. Therefore, the conditional use permit is void. City Code Section 20 -236 does apply to any permit issued after the effective date of that section, which was December 15, 1986. The reference to February 19, 1987 allows a grace period for permits issued prior to February 19, 1987. It does not have the effect of limiting section 20 -236 to permits issued prior to February 19, 1987. 3. The time to extend the permit has expired. City Code Section 20 -236 allows a person to file an application to extend a conditional use permit. Mr. Lindbery's permit was issued September 12, 1988. Mr. Lindbery had until September 11, 1989 to file for an extension. Mr. Lindbery did not file an extension within the time specified by the ordinance. Therefore, the City Council has no power to grant an extension at this time. If your client is aggrieved by this determination, he may 1 file an appeal with the Board of Adjustments and Appeals pursuant to City Code Section 20 -28 (b) (1) (copy enclosed) . Your client also has the option of meeting with City staff prior to the hearing with the Board of Adjustments and Appeals. You may contact Sharmin Al -Jaff or Paul Krauss directly at (612) 937 -1900 to arrange the meeting. You previously indicated to me that you wanted an opportunity to review the City's file on this matter. I do not object to this request provided I am given notice of when you will review the file. 1 Please call if you have any questions or comments. CAMPBELL, SON, SCOTT & FUCH A. By: .I... S W . Adibk Elliott B. Kn_l EBK:mlw Enclosure cc: Don Ashworth Paul Krauss Sharmin Al -Jaff 1 STATE OF MINNESOTA DISTRICT COURT COUNTY OF CARVER CRIMINAL DIVISION II FILE NO. STATE OF MINNESOTA (City of Chanhassen) I Plaintiff, COMPLAINT - SUMMONS vs. FOR MISDEMEANOR OR PETTY MISDEMEANOR II HARRY LINDBERRY ` II Defendant, DOB: 6901 Maloney Avenue Minnetonka, MN 55343 II COMPLAINT (C 4) • :I $cott Harr being duly sworn makes complaint to th above - named Court and says that he /she believes this information and other persons from whom it is obtained to be reliable and that there is probable cause to believe that the above -named Defendant committed the offense described : II below. The complainant states that the following facts establish probable cause: . Your complainant is Scott Harr, Public Safety Director for the 1/ City of Chanhassen. In that capacity I have reviewed City records, files and inspection reports and believe the following 4 facts to be true. The defendant, HARRY LINDBERY, is the owner of certain real property located at 1700 Flying Cloud Drive in the City of 4 Chanhassen, County of Carver, State of Minnesota (Subject Property), p y), legally described as follows: That part of the East Half of the Southeast Quarter of II Section 34, Township 116 North, Range 23 West of the 5th Principal Meridian which lies northerly of the center line 1 . of U.S. Highway No. 212 and southerly of the southerly line 1 11 of Chicago North Western Railway Company. • (continued) THEREFORE, Complainant requests that said Defendant, subject to bail or :1 conditions of release where applicable, (1) be arrested or that other lawful steps be taken to obtain • Defendant's appearance in court; or (2) be detained, if already in custody, pending further proceedings; and that said Defendant otherwise be dealt with according to law. :I Charges: Illegal outdoor Complainant storage (4 counts) Scott Harr Being duly authorized to prosecute II the offense charge, I hereby approve this plai Ordinance(s) 20 -909 11 Elliott B. Kn ch, #168130 Prosecuting Attorney, City of Chanhassen II BEE REVERSE SIDE FOR COURT DATE 1380 Corporate Center Curve, 1317 Eagan, MN 55121 (612) 452 -5000 11 EXHIBIT 5 (3 pages) I/ CITY OF CHANHASSEN V. HARRY LINDBERRY PAGE 2 11 On or about July 8, 1992, the Subject Property was inspected by a I/ City building official. The inspector observed seven sea /land containers stored in the open on the Subject Property. The inspector also observed approximately ten round concrete pipes stored openly on the Subject Property. On July 14, 1992, the Subject Property was inspected by a person from the City Planning Department. The City Planner observed the seven sea /land containers and approximately ten round concrete pipes stored openly on the Subject Property. On October 28, 1992, the Subject Property was inspected by a person form the City Planning Department. The City Planner observed the seven sea /land containers and approximately ten round concrete pipes stored openly on the Subject Property. Chanhassen City Code Section 20 -909 - Outdoor Storage, prohibits outdoor storage in the manner that it is being conducted on the Subject Property. _ OFFENSES 1 COUNT I - ILLEGAL OUTDOOR STORAGE - Chanhassen City Code Section 20 -909 - 0 - 90 days and /or S700 That on or about July 8, 1992, in the City of Chanhassen, County of Carver, State of Minnesota, the defendant, HARRY LINDBERY, then and there being, did wrongfully and unlawfully permit illegal outdoor storage on the Subject Property. COUNT II - ILLEGAL OUTDOOR STORAGE - Chanhassen City Code Section 1 20 -909 - 0 - 90 days and /or S700 That on or about July 14, 1992, in the City of Chanhassen, County 1 of Carver, State of Minnesota, the defendant, HARRY LINDBERY, then and there being, did wrongfully and unlawfully permit illegal outdoor storage on the Subject Property. COUNT III - ILLEGAL OUTDOOR STORAGE - Chanhassen City Code Section 20 -909 - 0 - 90 days and /or $700 I/ That on or about October 28, 1992, in the City of Chanhassen, County of Carver, State of Minnesota, the defendant, HARRY LINDBERY, then and there being, did wrongfully and unlawfully permit illegal outdoor storage on the Subject Property. 1 1 II CITY OF CHANHASSEN V. HARRY LINDBERRY __ ___ ___ __ ___ ___ PAGE - 3 - Chanhassen Cit Cod COUNT IV - I LEGAL OUTDOOR STORAGE 20-909 0 90 da s and o each day thereafter, II That on or about July 15, 1992' and eac cae of thereafter, II of Chanhassen, County of Carver` did oti City HARRY LINDBERY, then and there being, th Su. de permit illegal outdoor storag and fe unlawfully , lawfullly ly I 'Property. II 1 • II II . . II I/ 1 1� 1 II i II II i i 1 II i 0 1 PUBLIC SAFETY DEPARTMENT SERIAL NO B 35 A 3 Building and Zoning Division 1 690 Coulter Drive - P. 0. Box 147 ��� 1 ' `1 Chanhassen, Minnesota 55317 P Tr c.^t. 612 - 937.1900 1 APPLICATION FOR BUILDING PERMIT CITY OF DATE 1 .): -c SITE . , Co : Drive CHANHASSEN EST BUILDING VALUE " ^ ' 'J• ADDRESS 7•J J Flying ` ce Name p-- Li ZONING DISTRICT W , 3 Address .r, li,A.- RES. COM. X. IND. PUBLIC 0 City hEyr.i •f 1: Tel I9 -_957J NEWS_ EXISTING P 1 N. 1 C Name S Z0 SUBDIVISION 1St pU Address U Q LOT BLOCK cc City Tel No • H SECTION 34 NORTH HALF SOUTH HALF - 1 hereby acknowledge that I have read this application and state that the information is correct and agree to comply with the •anhassen, Minnesota ^} n ordinances and the S - te of Minnesota la. egulati rr:ing construction. Building S 83 Signature of I ' / Permittee AS' / Ae4 2� Plan Check $ 409 . CALL FO ILL INSPECTIONS LIS /1 Surcharge 7. r Q�.y' Y S 49 `� • 1 0 BUILDING CARD ! 1 PHONE 937.1900 S.A.0 s u/a FIti SPAa Sewer Surcharge S 75 [• DO NOT WRITE IN THIS SPACE ' Park Dedication s E PERMIT ISSUED Trail Dedication S f r 1 � TO i r ragr -"t Water Unit A . • .�- ?UST. M=5 I - On the express condition that al' work shall be done in accordance FIbiAL SIM PL& 7}112 - with the ordinances and building codes of the City of Chanhassen """' 1 and the State of Minnesota This Permit is void if work is not corn- Sewer Unit uir a[+Qlm�+ �► ts ris1l+reAr�. i d menced within 120 days or abandoned for 120 days �]i�ti- t+ar� CK S Buil6 lnspefr on Division Water Meter — / , n c f� / i ' r Public Safety Dedicat' n' +l ; / J7 a S BY----,---- =-t_ A_ : -- --- -- ' Other Fee �; 71,- S ' / TOTAL FEE PAID 1164. 33 i SITE ADDRESS Shrn, PE 'i ( Y Date SERIAL NO B ` 1700 Site' amid xI Dr. ( 10-26-89 Subdivision !Property 1 D No. Contractor Phone No. trIDl.atted I Hs�t - t - y t,;, 1��, -r r 93c..,-9;70 Lot No. 'Block 'Section No Estimates Completion Dee Building Vaivation 34 ❑ N'% ip $98,000. Survey No New ' Alteration ❑ Repair ❑ Addition ❑ Demolish ❑ Other X Residential ❑ Single Family ❑ , Multiple Dwelling 0 No. of Units Other 0 Commercial 1' Industrial ❑ Specific Use storage of t111St. equipment I nt +& supplies Kind of Construction Type of Construction IFR IIF 111 1 -hr,N Ili 1 -hr,N IV H T V 1 -hr, - SIZE OF WORK - Occupancy A B E H I R M DIMENSIONS AREA ELEVATIONS Group Division 1 2 2.1 3 4 5 x = Sq.Ft. Planning Case No S q. F t. Zoning District x = x = Sq.Ft. Use: Permitted ❑ Sq.Ft. Conditional 0 Setback Front 1 x . Side Non -conforming ❑ x = Sq.Ft. Rear Variance ❑ 1 TOTAL FLOOR AREA Sq.Ft. REMARKS ` ,30 50 plan c1 k $409.83, tax $49.00, sewer stach. $75.00 �ivt� r . 33 QI' / y' / D •L(c '19 i EXHIBIT 6 1 DELIVERY /PICK -UP INVOICE WedgCor, Inc. !Jamestown.ND584O2 DEALER DEMAND TO COLLECT FUNDS 701.252 -7380 P.O.# D5 -9396 I DEALER: REGENCY STEEL SHIP TO: Harry Lindery "CPU" 6901 MaLoney Avenue 1 Hopkins, MN 55343 Prorate /Community Freight = 9 Private Freight t I Per our notification on March 14, 19A9 , your order is scheduled to be delivered Within Ten (10) Days of , or picked up on 8 AM, MARCH 22, 1989 . Est. weight: 55,3R6 1 NOTICE: Actual delivery may vary before or after this date as delivery is dependent on material and carrier I availablity. Construction equipment or additional labors should be arranged after the driver contacts you with a more specific delivery date. I The dealer has ordered WedgCor to collect funds. WedgCor requires Certified Funds in the amount of $ 34,752.00 , made payable only to WedgCor, Inc., to be collected at time of arrival or pickup. This is not an assignment of terms and conditions of the dealer purchase order or the sales contract between the buyer and dealer. Failure to pickup or accept delivery at the prescribed time above, may result in community freight I toss, storage charges, unloading and any other costs incurred by WedgCor. Refer to your dealer and /or dealer manual. Buyer or buyers agent acknowledges the dealer is independent and not an agent or contractor of WedgCor. I Original C.O.D. 534,752.00 REVISIONS AND CHANGES: 1 1 *Certified or cashier's check Current C.O.D. $34,752.00 * NOTICE: Your building freight was calculated to city limit. If delivery drop site is inside or outside the city. additional freight at regular rate round trip will be ad ed (per Schedule C in the dealer manual). Your driver will attempt to call in advance with a more specific time and day of delivery. To avoid downtime charges, please take the time to prepare for delivery* 1. Supply stacking materials for proper storage during unloading to prevent damages: 2. Sufficient help and unloading equipment. Missed pickups — refer to dealer and /or dealer manual You or your dealer are responsible for complete inventory of your building. BE SURE TO COMPLETELY INVENTORY YOUR BUILDING MATERIALS! DATE March 15, 1989 SIGNED 4gi;?2rz:ZE,,,Z 5442•A Two Rivers ?ranting Inc EXHIBIT 7 Planning Commission Meeting April 19, 1989 - Page 32 Erhart moved, E:nmings seconded that the Planning Commission recommend approval of the amendment to the City Code to delete the following sections from the zoning ordinance: 1 Section 20 -255 Section 20 -574, Subd. 6 a Section 20 -773, Subd. 6 All voted in favor and the motion carried. Erhart: My comment is, as time has gone on on this thing, it's become more and more clear that we are recommending the correct thing... 1 APPROVAL OF MINUTES: Batzli moved, Wildermuth seconded to approve the Minutes of the Planning Commission meeting dated April 5, 1989 as presented. All voted in favor and the motion carried. 1 ITEMS FROM THE PLANNING STAFF. 11 Steve Hanson updated the Planning Commission on what work had been done on the following items: convenience stores, wetland articles, zoning code, :se of matrix and letter from Roger Knutson dated April 12, 1989. 1/ Emmings moved, Wildermuth seconded to adjourn the meeting. All voted in favor and the motion carried. The meeting was adjourned at 11:40 p.m.. Submitted by Steve Hanson Planning Director Prepared by Nann Opheim 1 1 1 11 1 § 20 -233 CHANHASSEN CITY CODE _ f , f lam: . - • (b) In determining conditions, special considerations shall be given to protecting �~ � -7 ately adjacent properties from objectionable views, noise, traffic and other negative chars" ' !e' =' I istics associated with such uses.' _:.� 4 (Ord. No 80, Art. III, § 2(3 -2-4), 12.15 -86) �'-��` Sec. 20 -234. Denial for noncompliance. _ '- If the council denies a conditional use permit, it shall state findings as to the ways ; , - which the proposed use does not comply with the standards required by this chapter. ; - (Ord. No 80, Art. III, § 2(3 -2.5), 12- 15 -86) _ n �^' • l 4 -",_;;_27 s Sec. 20-235. Permits not persona ter;: A conditional use permit shall be issued for a particular use and not fora arti 1 person. p w' -,- _. i (Ord. No 80, Art. III, § 2(3 -2 -6), 12.15 -86) -;`- �-' • ' i i Sec. 20 -236. Expiration. - ▪ - 4_ �` If substantial construction has not taken place within one (1) year of the date on whi i - the conditional use permit was granted, the permit is void except that, on application t, - • council, after receiving recommendation from the planning commission, may extend : th -. l permit for such additional period as it deems appropriate. If the conditional use is di_sco,_' - ' tinued for six (6) months, the conditional use permit shall become void. This section sh :T . apply to conditional use permits issued prior to February 19, 1987, but the six -month peri, , E 4 shall not be deemed to commence until February 19, 1987. "" 1 _ __ (Ord. No 80, Art. III, § 2(3 -2 -8), 12- 15 -86) - Sec. 20 -237. Revocation and inspection. .- (a) Failure to comply with any condition set forth in a conditional use permit shall be a = misdemeanor and shall also constitute sufficient cause for the revocation of the conditional _n_- misdemeanor ffi . • permit by the city council following a public hearing. The property owner shall be notified in =-- advance of the city council's review of the permit. _ - (b) Inspections will be conducted at least annually to determine compliance with the: f terms of a conditional use permit. = - - I (Ord. No. 80, Art. III, § 2(3 -2 -7), 12- 15 -86; Ord. No. 106, § 1, 8- 14 -89) -- Secs. 20- 238 -20 -250. Reserved. . DIVISION 3. STANDARDS FOR AGRICULTURAL AND RESIDENTIAL DISTRICTS Sec. 20 -251. Scope. In addition to all other standards required by section 20 -232, the standards in this division shall apply to conditional uses if they are to be located in agricultural or residential ,. _ districts. (Ord. No. 80, Art. V, § 9(5 -9 -1), 12- 15 -86) Supp. No. 2 l 1176 - EXHIBIT 1a Comfort Without Compromise T he human hod ■ is a Farthest aw a∎ from the the height of a normal adult at floor level. the room must h∎dronI heating hean are the feet the body's — meeting and satisfying be o■erheated at the level of s∎ stem It ci rculates heat most sensin∎ e heat sensors. the comfort needs of the feet the heart. If the system is from a central source h■ The last to recei∎ e heat. and the heart. regulated to keep the heart distributing. a heated liquid the ■ are the fiat to comfortable. the feet sense a through a network of piping recognize the discomfort of istribution is the key. colder environment. Either the blood s) stem 1 The first a cold em ironment The D Forced -air systems are way, the body perceives pnont) of the s∎ stem is to goal of a heat distribution unable to match the itself to be uncomfortable maintain the temperature at system as illustrated in the distribution profile of the the core (the heart That Ideal Heating Cures Ideal Heating Cure due to need met heat is sent below i is to provide one of the basic pnnciples 1 toward the e \tremines consistent temperatures of thermodynamics Hot air from the floor to just abo■e nses. To put sufficient heat . i of io. 75 . . , 1. DEGREES FAHRENHEIT I lcii .1' Hf ft' ii q Curl , ■- W'irsho Radiant Floor Heating Curve ©• • 85 • • • 74` • • NORMA. THERMDSTA' HEIGHT , c r t ;' ' Forced Air • Heating Curve 1 s e ti` e t e 75. 80 DEGREES FAHRENHEIT i , 1 Ideal Heating Curve Radiant Floor Heating Forced Air Heating For optimum heor distribution By delivering heat almost Because hot air rises, more hear temperature should he relatively precisely according to the Ideal must be forced into the room to i instant front floor-level to just Heating Curve. a Wirsbo-pePEX maintain a comfortable about the height of a normal adult system assures that all of the hear temperature at floor level The produced contributes to the heat represented by the shaded pp comfort of the room's occupants. area at right is excess—wasted �7, People literally "feel" more energy. i 9 1 comfortable ■■ ,.c e.-: - 'ci Ea'C• L. T d' Bed'd' The Wa'•tn Facto' 'r Comfort a' Worn') FA Chem ('Tne Effects of the Floor Temperatures or Floor Surface and the 4 _ Se. se- -- a• c - e 5' - Tempe•awre of the Feet') and P O Nov I'Tne•ma Comfort') 4 1 II H,.: A Design For Any Type Of Installation Wirsbo -pePEX underfloor I heat distribution systems can be Installed in an type of floor and in am kind of structure III S` i II RE- 7 '3_ - . -— j N i p. f Wood With Aluminum Plates Rood With Poured Floors I 1. 'a ^ ---= -:' I, ;'sfri:na, and o1hcrfo?n?. of L sing M n - shos PEA eridplasru constru, »nn using suspended track system or construction x and f)(10, ; runs! ucnnr: 11 irsho- staples ii n stn -pePEA is fa'srened I S_ - - - pePEA 1141711i!, rs run within the to the surface of the ooden suh- suhfloorrny , nisi , To ntasimce flooring before the addition of a heal disc - ;bur ,r; unifornur\ thr poured -f)oor underlayment ruhire re.tr.e In Qroo ed aluminum a 5..., :.•:_,- tea cmrscr plates that absorb and radiate hear from the vvsrem into thr floor ohm(' Hcs • I P• -_ -- I 1 Gyrrras ,J- - e may Colise, s - - . i ii ` - ClubhO se Concrete Slab Floors Concrete With Poured Floors I For basements. factories. For the upper floors of buildings warehouses and other slab -on- using pre - stressed floor systems Kennels grade tnstallanons, W'irsbo -pePEX Wirsbo -pePEX tubing is placed I tubing is tied to the reinforcing above the concrete, after which a mesh before the slab is poured lacer of lightweight concrete is Park' ^c Ra cps Once in place and pressurised, poured. To maximize the speed I W irsbo -pePEX is virtually immune and efficiencv of the installation, to damage from construction the tubing can be held in place by equipment Wirsbo's unique PEXgrid track f Parkrg Lots system. II 5 1 Make Wirsbo Your Design Partner I 1 r- • W irsbo is one of A Design For Any Technical Design Europe s largest and Type Of Heating Plant Assistance most experienced manufac- Wirsbo- pePEX's oxygen No organization in the turine and technolog■ diffusion barrier is one- world has more experience companies. Founded in thousand to fifteen - thousand with hydronic heating 0 Sweden in 1620 it has times more resistant to technology than Wirsbo No pioneered hydronic oxygen penetration than any matter how large or unique Il i underfloor radiant heat other unprotected synthetic the installation being distribution in more than tubing used in underfloor planned. Wirsbo has the 600.000 installations heating toda■ Conse- design experience and throughout Europe Our quentl>. boilers, fittings and resources to support it. exclusixe patented Wirsbo- other components are not pePEX tubing technolog■ is limited to high -cost stainless Technical design support proving its reliabilit■ in steel and other non - ferrous also is available through l applications from homes materials Boiler loop Wirsbo's network of trained and apartments to offices isolation heat exchangers sales representatnes coast and stores industrial shops are not needed. Neither are to coast. From the heat loss and manufacturing plant to expensive and questionable Individual :one controls ailoi and structural specifications hospitals and schools corrosion inhibitors. temperatures to be controlled of your project. we will room -hi -room. provide a complete system diagram and matenals list Tuhtne run assure r, rri C (including the tubing layout drsrrihun. o% hear in , e , Pa" and full installation of du room _ .. instructions} We'll also — 11 ` consult with you on heat Ar CI plant sizing and other \ �N ,\ design decisions. 4 7 / 7 (---- `"— \ s___ , . — . — — __1) il i Lam" in Manifolds on (0(47 provide I quiet reliable distribution of heat I. • _ 4 Mechanical t where it s needed. ! 1 Room i 71 7/7 ' e c____ I; / ( _______i i •) \ \ > \, ,,,I 6 I Wirsbo Tubing Manifold Specification Furnts' ano Inca' " acco'cance Comr,k r dev:•r ark TO( tic)! Jun, tiny; Box witr the recommendations 0' the phi, enu - w in ■:J'' manatactare' a h'o'On,0 neat (10%, t' SIJMt: r "s 1,1 dist',DUtIor system System sna. II do / v'I c = ne :e' use a no Wino 5/6 .r de c,a • Thrrrnr ctJ; SerhJ Cl■ed a '•vp,,- Lice. R, n„ • _• _ meelnc ASTM s :a "care c6'6 " °' t j - = - - TJoes sn&t Pe 'ate:. - 30: :- . ; PS 1 •-- Thernh,stat ano shall nave an Integra cxcoe dtlusio' bar :o recJCe 'ne r . Sirr2i' �.- �... i DOrenha 0' system CO '35 0' End tap Irttl „ hov 1 t adapter and au l ent System na• De complete a nc s "a, Pre, I■i, niam'., -u i IaCIJOe Sy'Ste'"+ des r .JDES i ✓DE de_In . ,.. .a tt. .r_i, �_ •� , ,ae benOS Wbe _ :IE-wires neat- ., bra.'' 1111:I"- ■ WI( - I em;sslon Sneers (%r re0.'red, dnuhi, Jnc /n''P,; Jr "J1' 1 ` Bend Support valves fittings 'rani'0'CS ma " all mmnh hill r tip ,,• II supoorts. tetes ;a:s (va 1 indn n„ r. i , - actJato's( room the'mosla s and 115/24V AC (UL aporoyec 61111111111.11- /thrall u' »;,■ t,•, . 6 transforms' Tube shall De ronu Lira,. Warranted for 20 years assoc.atec I accesso'y ;te-ns ii» -s-.e0 Dr manufactJ'e' Sha DE war'an'e0 for 16 montns fro case 3 Complete Pre- Typical Data For Various Applications Engineered Package Notes AR:I RESIDEV1A_ COMMERCIAL INDJSTRIAL SNPWM`T A WI'SDG radian' 'lea: 0.S";G.,: A P■ lrsho- pePE�. underfloor heating �∎ stem R `' - e e e 5__5 25 syser. car be ns :a lac ncs I come comple;, v, ith all the Ware- "P t. 5. 5 . o_ 9 1103 S WC' extreme , ta,0'a0'= manifold � a l � e coupling S ✓''a_e Tern; = 74 = r . 4, reSJ!tS TUD nO SnOJ'0 no: Dc - - - - --- -- - - -- -- - - - -- - -- -- Instahe3 Jnoe'nea'- ■4'a c !r- and acces\orle - — induding Hea• Ch.,ro_' :- -=-._ _= 1: 30E1, s ' 10.22E -- ` B: _ c p installation to ll. — needed 12 22 — — ccse : : J o.. stall JV o.a :c -s In addition N irsho -pePE\ ' 2c where lure con' ' Care must be take - o „ s■ stem are supponed v, ith P.,.. Loot' _ -- 1 y- - ,- r ^. =2g:_ a full line of thereto rats and Press...1 0:0: .1 5 2l J 1 40 't:: N 2C 501' rt:, ^S'.al!at'Or :C avOJ DJnC J'ES - ___ ' .____— tnE taping OJE to ",a :' slap telestat' l � alp e actuator.; to Loa: Lenot' ;s: 25,- 402'• 34: -455'' 15: 240'' holes or co- StrJ.;i0' 02 meter and regulate each heat zone ac,ordin to \\ irsho ' a ; il computerized de'len NOTE Above examples are not a complete list of applications. Above factors So' Jse ' a (ow- tempe'a:..'e program are dependent on each other Do not base a system design on these average system Ope-at'ng water values The lengths shown are averages and not compatible for at mstallaUons ternperatures depend or a ra' e) iz) within 158 apphcauon The heat outputs are averages only Heat loss analysis Is 4 ttih of facto's. and mar need :. DE required for an actual system. rncreasec m installations w'is'e there Is an unusually IO" Weal TOSS ; n- pePE.\ � \Si,'n :r an, reoU!'eme. ^•t. in susoe ^de0 43.3c nPr I ate /' E 11 /1, „ h g ill i rn f100' construction ano in water hex; r1,,,,, installations Where thick carpet _ will be ins :ailed ove' the !ioc' nc_ � \ "� Where a combination of ac else factors makes it Impossib e 'ne 'J underfloor hydron�c sy's:en — --- -> provide adequate heal DJ;D 2' an \ accebtable water tempe.'at e :rte \ InS:a'e' Is CaJ110 t'0 to re0 :c resistance to upys'at tio, (a, decreasing the tnlcKness c` colas' - --- or pad). use an alternate type 0' floc' construction, or provide a supplemental heat source sJoh as 7 radiant baseboard 1 W irsho PEX technolog■ Wirsbo - pePEX • is bringing the pro\en Patented PEX tubing 1 potential of crosslinked w nth its fi■ e -la■er ol,y gen poi■eth■ lene tubing to the diffusion barrier is being 1_ nited States No matter used in h■dronic underfloor f what kind of appli,anon is heat distribution s\ stems of i under consideration. — all types and sizes as well as underfloor heating. small -scale snowrnelt and snow melting de -icing groundfrost control sy stems. refrigeration cherni al transfer potable v.ater Wirsbo Meltaway • supply. agricultural tubing For larger snow melting and - 1 — a Wirsbo product can .: ground frost control. ?delta meet the need - tuhmg's one -inch dram- - . • ~-. Made In America eter is pro\ in its usefulness Our new manufa tuning in streets and sidewalks. 1 parking ramp s. athletic distribution and training fields and racetracks. and center in Minnesota allows other outdoor locations. Wirsho to support Europe's leading h■dronic heat distribution technology with Wirsbo R - PEX • s ss' \\sss�' \W"" close -to- the - customer sales Wirsho's pre-insulated \ \ \ \\ 1 and yen ice R-PEX tubing P is idea] for \ \\ , \\ �\ \\ large -scale district heating Wirsbo Distributor and heat distribution �� Is Near You systems - f III, i To finds our nearb■ \\ irsho representati\e simply call i 1 the Sweets Bu\ h r\ ne Se ice 1- 800 -521 At the - prompt. enter the Wirsho Wirsbo•hePEX • 1Dt: 3792 A suppl■ tubing with an ox\gen diffusion barrier that has the abilit■ to replace copper pipes in distribution j 1 applications. j II • Wirsbo - inPEX • Designed for industrial and other processes from food ..4; plants to dialysis machines; I available in diameters from 1/8" to 4 ". 1 F e e/ T h e H e a t i 5925 148th Street West • Apple Valley, Minnesota 55124 1 WIRSBO CANADA 580 Park Street • Regina. Saskatchewan S4N 5A9 1