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8. Update on Swings CUP, Senior Planner CITYOF CHANHASSEN . 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Don Ashworth, City Manager FROM: Jo Ann Olsen, Senior Planner a DATE: March 20, 1991 SUBJ: Consider Revocation of Conditional Use Permit #82-5 for Swings Golf Site - John Pryzmus, Applicant In October, 1990, staff noticed grading activity taking place at I . the Swings Golf site on the northwest corner of Galpin Boulevard and Hwy. 5. The applicant, John Pryzmus, was creating a berm along Galpin Boulevard, clearing out an area for potential future parking/drainage area and providing a second area of driving tees for the driving range. The City required the applicant to stop work on the site and to apply for a grading permit (Attachment #1) . After working with the applicant, a grading permit was issued with ' the following conditions (Attachment #2) : 1. The earth berm along Galpin Boulevard (Co. Rd. 117) shall be continuous two-tier, two foot high rock retaining walls, not to exceed an accumulative height of four feet in lieu of the three foot high earth berm previously required. 2 . Provide the city with a financial security in the form of a letter of credit or cash escrow in the amount of $1, 000 to guarantee erosion control measures and site restoration. 3 . All disturbed areas shall be seeded and disc mulched or sodded prior to November 15, 1990. 4 . The grading permit fee shall be calculated according to the 1988 Uniform Building Code Table No. 70-B for grading 400 cubic yards of material. 5. Erosion control measures (hay bales) shall be maintained throughout until vegetation cover has been fully re- established and removal is authorized by the City Engineer. 6. Any future expansion or grading activities will require another permit application and will also require an approved r I Revocation of CUP Swings Golf Site 1 Page 2 site and/or grading plan by the Planning Commission and City Council prior to commencement. ' 7 . The grading activity that has occurred adjacent to the creek located on the northerly portion of the property shall be ' removed back to a point to be determined in the field by city staff. 8 . As agreed, the expansion to the parking lot and driving range is not permitted without receiving an amendment to the conditional use permit to allow expansion of the existing facility. This expansion is not included in the administrative grading permit. Therefore, the driving tee and parking lot must be removed or transformed into berming purposes. 9 . A building permit is required for the installation of the fence proposed around the site. The activities occurring at the site is an expansion of the conditional use permit for the golf driving range and miniature golf course. As part of the grading permit approval, the applicant was required to submit an application for an amendment to the conditional use permit for expansion of the site (Attachment #3) . ' On November 28, 1990, staff sent John Pryzmus a lettering stating that the grading completed on the site was acceptable, but as stated as a condition of the grading permit, an application for an amendment to the conditional use permit must be submitted and approved by the city (Attachment #4) . Staff requested the applicant to submit a complete application by January 7 , 1991. Attached to the letter, staff also enclosed an application form and a list of the required information for a complete application. Staff did not receive the required application by the January 7, 1991, deadline. On January 11, 1991, staff submitted another ' certified letter to Mr. Pryzmus again reminding him of the condition of approval of the grading permit and that the deadline of January 7th had not been met (Attachment #5) . Staff provided 1 the applicant with a second opportunity to make an application by Tuesday, January 22, 1991. The letter further stated that if a complete application was not received by January 22nd, the city would place the conditional use permit on a future City Council agenda for consideration of revocation. As of March 20, 1991, an application has not been submitted by the applicant nor has the applicant made any effort to contact staff. Staff originally had scheduled this item on the agenda as consideration of revocation of the conditional use permit. The 11 problem with revoking a conditional use permit is that any of the conditions regulating the use of the site are then void and the 1 11 Revocation of CUP Swings Golf Site Page 3 activity then becomes a non-conforming use. The city must then 1 either pursue discontinuing the use on the site or having the applicant go through the conditional use permit process again with new conditions and to bring the site into compliance. The preferred option is for the city to initiate enforcement action against the applicant. The applicant will be criminally cited and, if found guilty, will be required to bring the site into compliance. Using Lowell Carlson contractor's yard as an example, going through the process to revoke the conditional use permit and then following with a lawsuit is proving to be time consuming. Initiating the enforcement action will start the process immediately instead of being postponed until revocation of the conditional use permit has been processed. Therefore, staff has initiated the enforcement action through the City Attorney's Office instead of pursuing revocation of the conditional use permit. Staff will keep the City Council apprised of the status of the case. I 11 I I I I 1 1 I I i I • STOP pp II401 PROCEED pleas°n Al (C.4 AP � � ' .e,,,o� ‘,./. .„ • , ,. ... - • Inspector ENL` o • Date I I 1141S TAG I p0 NOT REMOVE I City of Chanhassen 937.1900 1 I • • • ■ � CiTY OF 1 :„.yri_P--:,., -.:_,.., „0,-.:4, . :. :A .,,,..r, CHANHASSEN,.. -fir _ ' ate .-, 690 COULTER DRIVE • _ ,, P.O. BOX 147 • CHANHASSEN, MINNESOTA 5 r = (612) 937-1900 • FAX (612) 937-5739 55317 I October 12, 1990 II Mr. John B. Pryzmus II J. P. Links, Inc. 7750 Galpin Boulevard II Chanhassen, MN 55317 Re: Grading Permit Application for Swings Golf Range File No. 90-12 Grading Permit II Dear Mr. Pryzmus: This letter is a follow-up to our meeting on Thursday, I regarding the unauthorized grading activities that have transpired on9your ro- perty at the northwest corner of Galpin Boulevard (County Road 117) at Trunk II Highway 5 (Swings Driving Range). The City's earthwork ordinance (No. 128) requires you to make application and II submit required information, such as a grading plan, to continue operation. The ordinance allows staff to administratively approve permits involving less than 1,000 cubic yards of material. In viewing rthe site tit appeared most of the grading work for berming has been II limited construction season remaining the City is willing completed. your the appli- cation administratively with the following conditions:willing process your appli- 1. Grading permit fees shall be calculated according to the 1988 Uniform Building Code (U.B.C.), Table No. 70-B for grading 400 cubic yards of material. 2. Erosion control measures (hay }gales) shall I vegetative cover has been fully re-established and tremovalhisuauthorizedlby IIthe city engineer. 3. Provide the City with a financial surety in the form of a letter of credit or cash escrow in the amount of $2,600 to guarantee erosion control measures ' and site restoration. 4. All disturbed areas shall be seeded and mulched prior to November 15, 1990. II 5. The grading permit shall expire on November 15 1990. II II i Mr. John B. Pryzmus October 12, 1990 Page 6. Any future expansion or grading activities will require another permit application and will also require an approved site and/or grading plan by the Planning Commission and City Council prior to commencement. 7. All berming shall not exceed 3 to 1 slopes. The berming along the creek (north property line) shall be pulled back, leveled out and restored to the original grade. A uniform earth berm three to four feet high shall be constructed along Galpin Boulevard (County Road 117) in lieu of the isolated piles of dirt. ' 8. Comply with the recommendations and conditions stipulated in Jo Ann Olsen's memo dated October 16, 1990 to Dave Hempel (attached). 9. The owner shall provide a new grading plan prepared by a professional engineer showing a continuous berm along Galpin Boulevard for Planning department approval prior to issuance of the administrative grading permit. 1 If you are in agreement with the aforementioned conditions of approval, the City is prepared to issue and grant you a grading permit for berming purposes, including site restoration. Upon receipt of a check for $84, a revised grading Iplan and security in the form of a letter of credit or cash escrow in.the amount of X960; I will process your application and issue you a grading permit. 1 If a/grading permit is not obtained and complied with, the site must be restored to original grade and condition as soon as possible and no later than November i 15, 1990. Failure to comply with either scenario may result in further action � / by the City. If you have any questions, feel free to contact me. !- Sincerely, CITY OF CHANHASSEN ' David C. Hempel Sr. Engineering Technician { I DCH:ktm c: Gary Warren, City Engineer (w/attachment) • 1 Charles Folch, Assistant City Engineer (w/attachment) Paul Krauss, Planning Director (w/attachment) • Steve Kirchman, Building Official (w/attachment) Roger Gustafson, Carver County Engineer (w/attachment) Bob Obermeyer, Riley-Purgatory-Bluff Creek Watershed District (w/attache nt) 1 1 11 • I . II • CITYOF .._:t ,, ,.. ... .. 1 cHANHAssEN __ _ -...14 _,_ _ :: , _4 7 �4. 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 .‘w (612) 937-1900 • FAX (612) 937-5739 s October 25, 1990 1 I Mr. John B. Pryzmus J. P. Links, Inc. II 7750 Galpin Boulevard - Chanhassen , MN 55317 Re: Grading Permit Application for Swings Golf Range - Amended 1 Conditions of Approval . Grading Permit File No. 90-72 Dear Mr. Pryzmus: II This letter is a followup to our meeting on Tuesday, October 23, I 1990 with Planning Director, Paul Krauss, regarding the con- - ditions of approval for your grading permit. As agreed,- a permit will be issued contingent upon the following conditions: II1 . The earth berm along Galpin Boulevard (County Road 117) shall be continuous two-tier, two foot high rock retaining walls, not to exceed an accumulative height of four feet in lieu of II the three foot high earth berm previously required. 2 . Provide the City with a financial security in the form of a II letter of credit or cash escrow in the amount of $1,000 to guarantee erosion control measures and site restoration. 3 . All disturbed areas shall be seeded and disc mulched or II sodded prior to November 15, 1990. 4 . The grading permit fee shall be calculated according to the • II 1988 Uniform Building Code Table No. 70-B for grading 400 cubic yards of material. 5. Erosion control measures (hay bales) shall be maintained - 1 throughout until vegetative cover bas been fully re- • established and removal is authorized by the city engineer. 6 . Any future expansion or grading activities will require II another permit application and will also require an approved • site and/or grading plan by the Planning Commission and City II Council prior to commencement. I ► -_• II Mr. John B. Pryzmus - October 25, 1990 Page 2 II• 7. The grading activity that has occured adjacent to the creek located on the northerly portion of the property shall be removed back to a point to be determined in the field'by City staff. • 8. As agreed, the expansion to the parking lot and driving range is not permitted without receiving an amendment to the Con- ditional Use Permit to allow expansion of the existing faci- lity. This expansion is not included in the administrative grading permit. Therefore, the driving tee and parking lot must be removed or transformed into berming purposes. 9. A building permit is required for the installation of the - fence proposed around the site. If you are in agreement with the aforementioned conditions of approval , the City is prepared to issue and grant you a grading permit for berming purposes, including site restoration. Upon receipt of a check for $84 and security in the form of a letter of credit or cash escrow in the amount of $1,000, I will process your application and issue you a grading permit. . If a grading permit is not obtained and complied with, the site must be restored to original grade and condition as soon as II possible and no later than November 15, 1990. Failure to comply with either scenario may result in further action by the City. • If you have any questions, feel free to contact me. • Sincerely, CITY OF CHANHASSEN II /67,Af444--/ • David C. Hempel ISr. Engineering Technician • DCH:jms c: Gary Warren, City Engineer Charles Folch, Assistant City Engineer II . Paul Krauss, Planning Director Steve Kirchman, Building Official Roger Gustafson, Carver County Engineer • Bob Obermeyer, Riley-Purgatory-Bluff Creek Watershed District 1 II - PUBLI ,5�1FETY DEPA '1AENT .r SERIAL NOB 4232 Bu Ding and Zoning Di‘ Jn 16,4 690 Coulter Drive — P.O.Box 147 Chanhassen,Minnesota 55317 612—937-1900 , ' APPLICATION FOR BUILDING PERMIT CITY OF DATE October 26, 199 SITE ADDRESS 7750 Galpin Boulevard CHANHASSSN EST.BUILDING VALUE ¢ NameJohn Pryzrnus > . , , .. - , A-2 I ZONING DISTRICT z Address 7750 Galpin Boulevard '" 0 City Chanhassen, "Tel.No.-934 75600 - R>a. COTJI IND. PUBLIC NEW EXISTING "X P I,N. i gr Name Self Z� SUBDIVISION OQ Address - .- v LOT BLOCK H City Tel.No. I hereby acknowledge that I have read this application and state that the SECTION 10 NORTH HALF SOUTH HALF X ' information is correct and agree to comply-with the Chanhassen, Minnesota ' ordinances and the State of Minnesota laws egulating building construction. Building $ {• Signature of # Plan Check p• $ Permittee \ _V 1`. .,mac Ji!'• - -7..JL-j '__ _ _- CALL FOR ALL INSPET$liNS LISTED Surcharge a' $ ON BUILDING CARD SA.C. � $ '4- PHONE 937-1900 �`� 1 Sewer Surcharge \ } DO NOT WRITE IN THIS SPACE \ ! Park Dedication J �$ ` I PERMIT ISSUED ,, f Trail Dedication = - + F - TO: John P ry zmus - . . --- . - �`/ t �� On the express condition that all work shall be done in accordance Water Unit �o `l\ n/ with the ordinances and building codes of the City of Chanhassen Sewer Unit 1 \ and the State of Minnesota. This Permit is void if work is not corn- menced within 120 days or abandoned for 120 days. Building Inspection Division Water Meter t� / l Public Safety y Dedication ( $ -IF BY • Other Fee Grading Permit $ 84.00 *$1,000 security deposit to be coshed November .15, 1990 .TOTAL FEE PAID $ 84.00k i-f work is not c-ompletedt= - -=. - - -- - - - SITE ADDRESS Date SERIAL NO. B 4232 . 7 750 Galpin Boulevard . ,1.10/12/9.0 . , - . , _ - Subdivision Property I,D No. Contractor Phone No. I Self 934-5600 Lot No. Block Section No. Estimated Completion Date Building Valuation ❑N'% ❑S'% November 15, 1990 Survey No. New 0 Alteration 0 Repair❑ Addition❑ Demolish 0 Other • Residential❑ Single Family 0 Multiple Dwelling❑ No.of Units Other$$ A-2 - I Commercial❑ Industrial For constructing earth berms (400 cu. ❑ Specific Use: sedimentation pond. yds.) and Kind of Construction '' Type of Construction IFR IIFR III 1-hr,N Ill 1-hr,N IV H.T. V 1-h —SIZE OF WORK— - Occupancy A B E H 1 R M DIMENSIONS AREA ELEVATIONS Group Division 1 2 2.1 3 4 5 100 x 350 = 35,000 Sq.Ft. • -• , . . - e ., ‘ Planning Case No. x = Sq.F.t- Zoning District x = Sq.Ft. Use: Permitted ❑ x = Sq.Ft. Conditional ❑ Setback: Front x Sq.Ft. Non-conforming ❑ Side Variance ❑ Rear TOTAL FLOOR AREA Sq.Ft. REMARKS: Permit expires November -15, .-1990. See letter",from Dave Hempel dated,- 10/25/90 for conditions of ".approval. -Grading Permit No. 90-12. i>.)' S7' I F,4.4 qo• Z Gr. P CITY OF _ . CHANHASSEN 111114 , 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937-1900e FAX (612) 937-5739 1 MEMORANDUM TO: Dave Hempel, Sr. Engineering Technician FROM: Jo Ann Olsen, Senior Planner -n41, DATE: October 16, 1990 1 SUBJ: Swings Golf Range On October 11, 1990, it was brought to our attention that unauthorized grading activities were occurring on the Swings Golf Range located at the northwest corner of Galpin Boulevard and Hwy. 5. It was explained by the owner, John Pryzmus, that the grading activities were to expand the existing parking lot, to provide berming along Galpin Boulevard, to direct drainage to the northerly portion of the site and to provide an expansion to the golf driving range. Since the grading is less than 1,000 cubic yards of material, staff is processing an administrative grading permit for the work that has been completed on the site. The following are ' comments the Planning Department has in reference to the grading on the Swings Golf Range: 1. The expansion to the parking lot and driving range is not permitted without the owner first receiving an amendment to the conditional use permit to allow expansion of the existing 1 facility. Therefore, these activities cannot be included in the administrative grading permit and whatever improvements have already occurred on site as far as the expansion to the parking lot and driving range must be removed and returned to ' it's original condition. 2 . Much of the grading activity has occurred adjacent to the 1 creek located on the northerly portion of the property which is protected by the Bluff Creek Riley Purgatory Watershed District. The Watershed District should be contacted in regards to the filling taking place. The fill material near the creek must be removed. 3. The proposed berming along Galpin Boulevard will be permitted ' with the administrative grading permit but the individual mounds of dirt are not acceptable. Instead the owner must provide a continuous berm of 3 to 4 feet in height. 1 1 1 • • Dave Hempel October 16, 1990 Page 2 4. It appears that the owner is preparing to install a chain link fence along the perimeter of the property. The owner must receive a building permit prior to installation of the fence along with a survey showing the location of the fence verifying that it is wholly on the owner's property and not within road right-of-way. In summary, the only grading which should be permitted as part of the administratively approved grading permit would be for the berming along Galpin Boulevard and any grading performed solely for drainage purposes. The grading which has resulted for the parking lot expansion and the driving range expansion should not be permitted as part of the grading permit and should in fact be required to be restored to its original condition. The owner should provide a new grading plan showing a continuous berm along Galpin Boulevard for Planning Department approval prior to issuance of the administrative grading permit. The slopes on the site shall not exceed a 3 : 1 slope and the Watershed District should be contacted and made aware of the alterations taking place adjacent to the creek. • 1 I 1 1 I I CITY OF 4 11/46, CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 I (612)937-1900• FAX(612)937-5739 1 1 November 28, 1990 • 1 Mr. John Pryzmus J. P. Links, Inc. 7750 Galpin Boulevard Chanhassen, MN 55317 Dear John: On November 16, 1990, Dave Hempel, Paul Krauss and myself' inspected the Swings Golf site at the northwest corner of Hwy. 5 and Galpin Boulevard. The grading you completed is acceptable. We are, 1 therefore, closing the file on this project. Any additional grading you may undertake in the future will require a new permit. The tees that were added to the northeast corner of the site were 1 not constructed as agreed upon with grading permit #90-12 but staff will allow them to remain until you proceed with an amended conditional use permit and site plan. The tees may be permitted to remain in their current location, if approved as part of the 1 amendment to your conditional use permit and site plan. The berming along Galpin Boulevard appears acceptable but again requires final approval by the City for the conditional use permit 1 and site plan approval. Any berming within public right-of-way will not be permitted. As was previously stated in conditions of the grading permit #90- 12, the improvements you made to your site cannot be fully accepted until you apply for, receive and comply with all conditions of an amended conditional use permit and site plan for the expansion to ' the Swings Golf Range establishment. The additional tees constructed on your site and the possible expansion of the parking lot are considered an expansion to the site and requires an 1 amendment to your conditional use permit and site plan. i i 1 • Mr. John Pryzmus November 28, 1990 Page 2 • A complete application must be submitted by Janua ry 7, 1991, for review by the Planning Commission on February 20, 1991. I have enclosed an application form and list of required information for a complete application. Should you have any questions, please feel free to contact me. I Sincerely, Jo Ann Olsen Senior Planner ' JO:v cc: Paul Krauss, Planning Director ' . Dave Hempel, Sr. Engineering Tech Roger Gustafson, Carver County Engineer Bob Obermeyer, Riley Purgatory Bluff Creek Watershed District ' 4 1 1 1 II 1. 1 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 1 January 11, 1991 CERTIFIED 1 Mr. John Pryzmus J. P. Links, Inc. 7750 Galpin Boulevard 1 Chanhassen, MN 55317 Dear Mr. Pryzmus: 1 On November 28, 1990, the City sent you a letter in regards to your grading permit #90-12. The letter stated that a condition of the grading permit was for you to submit a conditional use permit and 1 site plan review application for expansion of the Swings Golf site. The City established a deadline of January 7, 1991, for receipt of the application. As of January 11, 1991, the City has not received 1 the application, nor has any contact been made by you to the City. The City will grant one last extension until Tuesday, January 22, 1991, for the application to be submitted. If the complete ' application is not received by January 22nd, the City will place your conditional use permit on a future City Council agenda for consideration of revocation. Should you have any questions, please feel free to contact me. Sincerely, /04141 1 o Ann Olsen Senior Planner 1 JO:/v 1 1 1 r\fit--1 � • C I TY 0 F E;-5_ HAHAEF ' * CHANHASSEPlikil : 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317 (612) 937-1900• FAX (612) 937-5739 ' November 29 , 1990 1 Mr. John Pryzmus J. P. Links, Inc. 7750 Galpin Boulevard Chanhass.en.,-MN 55317 Re: Release of Security Deposit for Grading Permit No. 90-12 • Dear Mr. Pryzmus: This letter is a follow up to Jo Ann Olsen's letter regarding the g g completion of your grading project on the northwest corner of - Highhay 5 and Galpin Boulevard. Since staff is satisfied with the completed project we are therefore returning your security deposit check of $1 ,000 . This is with the understanding that you will apply for an amended conditional use permit and site plan for the expansion to the Swing ' s Golf Range establishment. Sincerely, CITY OF CHANHASSEN David C. Hempel Sr. Engineering Technician DCH:ktm Attachment: Check No. 1519 dated 11/15/90 from J. P. Links, Inc. ' c: Jo Ann Olsen, Senior Planner Paul Krauss, Planning Director Charles, Assistant City Engineer 1 1