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E-8. Repeal CUP 1987-09 for Private StableCITY OF CHANHA33Eh 7700 Market Boulevard PC Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.2271170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: October 14, 2013 d� SUBJ: Repeal Conditional Use Permit — Private Stable 3530 and 3670 Highway 7 PROPOSED MOTION "The Chanhassen City Council repeals the Conditional Use Permit for a private stable at 3530 and 3670 Highway 7." City Council approval requires a majority vote of City Council. EXECUTIVE SUMMARY Premier Bank has taken possession of the property located at the northeast comer of Highway 7 and Church Road. They have a pending purchase agreement for the property and wish to extinguish the Conditional Use Permit from the title of the property. The city has never issued an annual stable permit for the property. Additionally, the property, to staff's knowledge, has not been used for a private stable. The Conditional Use Permit standards state that "if a conditional use is discontinued for six months, the conditional use permit shall become void" (Section 20 -236 of the Chanhassen City Code). RECOMMENDATION Staff recommends adoption of the motion repealing the Conditional Use Permit for a private stable on the property. ATTACHMENTS 1. Resolution 2. Conditional Use Permit Dated June 17, 1987 3. Email from Sara Abbas to Kate Aanenson dated September 10, 2013 g: \plan \cup iup wap\repeal cup for private stable hwy Zdoc Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow DATE: MOTION BY: CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA RESOLUTION NO: 2013- SECONDED BY: RESOLUTION TO REPEAL A CONDITIONAL USE PERMIT FOR A PRIVATE STABLE WHEREAS, a conditional use permit for a private stable was approved for the property on June 17, 1987. WHEREAS, the legal description of the property is: (see Exhibit A) WHEREAS, the property owner has requested that the Conditional Use Permit be removed from the property. WHEREAS, the property has not been used for a private stable during the preceding 12 months and, therefore, the Conditional Use Permit shall be deemed void. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby repeals the Conditional Use Permit for a private stable on the subject property. Passed and adopted by the Chanhassen City Council this _ day of , 2013. ATTEST: Todd Gerhardt, City Manager YES gAadminVesohrepeal cup for private stable.doc Thomas A. Furlong, Mayor NO ABSENT EXHIBIT A DESCRIPTION All that part of Section, 5, Township 116 North, Range 23 West, described as follows: Beginning at a judicial landmark on the North line of said Section 5, a distance of 478.3 feet East of the South quarter corner of Section 32, Township 117 North, Range 23' West; thence East along the North Line of said Section 5 to the Northwesterly line of the right- of-way of State Trunk Highway No. '7, which right- of-way is set forth and described in Case No. 9902 on file in the office of the Clerk of District Court; in *and for Carver- County, Minnesota; thence Southwesterly along said right -of -way to its intersection with a line drawn through the Point of beginning and forming an interior angle of 90degrees SS wa"s wA the North Line of said said Section 5; tbence North to beginning according to the United States Government suvery thereof and situated in Carver County, Minnesota; excepting all that part of Section 5, Township 116 North, Range 23 West, described as follows: Beginning at a judicial landlmark on the North line of. Said Section 5, a distance of 478.5 feet East of the South quarter corner of Section 32, Township 117 North, Range 23 West; thence East on said section line a distance of 491.84 feet to a point which is the point of beginning of the land to be hereinafter described; then continuing Fast along said Section line 317.85 feet to a point; theace'-South 76.2 feet, more or lss to the North right -of -way of State Trunk Highway No. 7, which right -of -way is described in Case No. 9902 on file in the office of the Clerk of District Court, in and for Carver County, Minnesota; thence Southwesterly along the -North right- of-way line 260.5 feet; thence at right angles Northwesterly 152.4 feet to a point; thence Northwesterly 51.9 feet to the point of beginning; excepting also all that part of Section 5, Township 116 North, Range. 23 West, described as follows.. Beginning at a judicial landmark on the North line of said Section 5, a distance of 478.5 feet East of the South quarter corner of Section 32, Township 117 North, Range 23 West; thence East along the North line of said Section 5 to the Northwesterly line of the rigbt- of-way of State Trunk Highway No. 7, which right -of -way is set forth and described in Case No. 9902 on file in the office of the Clerk of District Court in and for ",Carver County, Minnesota, which is the. point of beginning for the tract'tc be conveyed hereby; thence Southwesterly .along said right- of-way a distance of 236 feet; thence due 7- North 57 feet, more or lss, to the North.line of said Section 5: thence.,Aast along said section line to the place f -beainnina. . CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA CONDITIONAL USE PERMIT 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for: A Private Stable 2. Property. The permit is for the following described property in the City of Chanhassen, Carver County, Minnesota: See attached Exhibit A. - 3. Conditions. The permit is issued subject to the following conditions: 1. The applicant shall receive a stable permit and meet the requirements of the Horse Ordinance No. 56. 2. The stabling of more than two horses shall require another conditional use permit. 3. The westerly access onto Hwy. 7 cannot be used. 4. Barbed wire fence will not be permitted. 5. The site is not to be used as a contractor's yard. 6. The Planning Commission and City Council shall review the conditional use permit six months after issuance of the stable permit to determine the impact to the neighborhood. 7. Any manure on site shall be removed every two weeks. B. The caretaker of the horses shall live on the premises. 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. page I of —IL— P.,. t 5. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: June 17, 1987 CITY 0 SEN BY I yor I s By: P F- Its Clerk STATE OF MINNESOTA) ) ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of hJ 199?, by Thomas L. Hamilton, Mayor, and Don Ashworth, City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation. w noKr mEr Pne of Pages EXHIBIT A All that part of Section 5, Township 116 North, Range 23 West, described as follows: Beginning at a judicial landmark on the North line of said Section 5, a distance of 478.5 feet East of the South quarter corner of Section 32, Township 117 North, Range 23' West; thence East along the North Line of said Section 5 to the Northwesterly line of the right -of -way of'State Trunk Highway No. -7, which right -o£ -way is set forth and described in Case No. 9902 on file in the office of the Clerk of District Court; inand for Carver County, Minnesota; thence Southwesterly along said right -of -way to its intersection with a line drawn through the point of beginning and forming an interior angle of 90degrees as nimu�es wino the North Line of said said Section 5; thence North to beginning according to the United States Government suvery thereof and situated in Carver County, Minnesota; excepting all that part of Section 5, Township 116 North, Range 23 West, described as follows: Beginning at a judicial landlmark on the North line of.Said Section 5, a distance of '478.5 feet East of the South quarter corner of - Section 32, Township 117 North, Range 23 West; thence East on said section line a distance of 491.84 feet to a point which is the point of beginning of the land to be t hereinafter described; then continuing East along said Section line 317.85 feet to a point; thence. "South 76.2 feet, more or lss to the North right -of -way of State Trunk Highway No. 7, which right -of -way is described in Case No. 9902 on file in the office of the Clerk of District Court, in and for Carver County, Minnesota; thence Southwesterly along the -North right -of -way line 260.5 feet; thence at right angles Northwesterly 152.4 feet to a point; thence Northwesterly 51.9 feet to the point of beginning; excepting also all that part of Section 5, Township 116 North, Range.23 West, described as follows: Beginning at a judicial landmark on the North line of said Section 5, a distance of 478.5 feet East of the South quarter corner of Section 32, Township 117 North, Range 23 West: thence East along the North line of said Section 5 to the Northwesterly line of the right- of-way of State Trunk Highway No. 7, which right -of -way is set forth and described in Case No. 9902 on _ file in the office of the Clerk of District Court in and for _',.Carver County, Minnesota, which is the, point of beginning for the tract�to be conveyed hereby; thence Southwesterly along said right- of-way a distance of 236 feet; thence due North 57 feet, more or lss, to the North.line of said Section 51 then;WAast along said section line to the place '`. t'beginning. _ -' i)a 4 T 51�- ?s s 4 , Certificate Number qq6 e OK 3 PAGE roc 2 4 STATIC OF county of CAN,, t S a� OFFICE F THE REGISTRAR OF TITLES `o This le m osnity That this documenl was filed In into uiflce an the�dny Olpp�� A.O. 1B� ¢' o'slaok M. i /REGIST/RAR 0P TLES BY \ 1 .�.f ..p 1iiA� Generous, Bob From: Aanenson, Kate Sent: Tuesday, September 10, 2013 9:58 AM To: Generous, Bob Subject: Fwd: Conditional Use Permit Termination Attachments: 00115741.PDF; ATT00001.htm Follow Up Flag: Follow up Flag Status: Flagged Sent from my iPad Begin forwarded message: From: Sara Abbas <SAbbas@losgs.com> Date: September 10, 2013, 9:53:13 AM CDT To: "' kaanensonCo )ci.chanhassen.mn.us ," < kaanensonC@ci.chanhassen.mn.us> Subject: Conditional Use Permit Termination Good morning, our office represents Premier Bank, a lender which acquired title to certain real property in Chanhassen through foreclosure action. The real property is located at 3530 and 3670 Highway 7. PID Nos. 25- 0050600 and 25- 0050510. The title commitment reveals a Conditional Use Permit issued on June 17, 1987 for this property to be used as a private stable. Attached please find a copy of the recorded CUP. Premier has entered into a purchase agreement to sell this property, and we'd like to have the CUP removed. Please review and let me know what can be done to have a termination of this CUP filed in Carver County real estate records. Thank you, Sara Abbas Paralegal Leonard, O'Brien, Spencer, Gale & Sayre, Ltd. 100 South Fifth Street, Suite 2500 Minneapolis, MN 55402 sabbas()loses.com 612.332.1030 612.332.2740 (FAX) Notice: This communication may contain legally privileged or other confidential information. If you are not the intended recipient, or believe you have received this communication in error, please do not print, retransmit, disseminate, or otherwise use the information. In addition, please inform the sender that you have received this email in error, and delete the copy that you received. You are welcome to call me collect at (612) 332 -1030. Thank you.