1l. First Supplemental Settlement Agreement, Natural Green I
CITY OF
ij
, ClIANBASSEN
1
'4°` 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
I (612) 937-1900
MEMORANDUM ___.a_..,--
TO: Don Ashworth, City Manager - .4„"!. - - -
IFROM Barbara Dacy, City Planner .�T" `'
DATE: March 24, 1988
1 SUBJ: Approval of First Supplemental Settlement Agreement
3/24 lay _._ -
Natural Green, Inc.
1 BACKGROUND
Natural Green, Inc. applied for a conditional use permit for tem-
I porary office space for their operation at 1660 Arboretum
Boulevard. The matter was scheduled for the February 17 , 1988 ,
Planning Commission meeting; however, upon review of the original
settlement agreement entered into with Natural Green in 1983 , it
I is the position of staff that their request to have temporary
office space is a final step in closing operations at the subject
site. Based upon the City Manager' s comments contained the staff
I report that went to the Planning Commission on February 17 , 1988,
the Planning Commission did not act on the matter. Rather, the
City Attorney' s Office was instructed to prepare a revised
I agreement to allow the construction of the temporary office
space.
The HRA has completed its negotiation with Mr. Luse in regards to
I purchase of the Chanhassen Railroad Depot. Because the HRA will
purchase the building, no action is necessary by the City
Council.
IRECOMMENDATION
It is recommended that the City Council approve the first supple-
Imental settlement agreement as represented in Attachment #1.
ATTACHMENTS
I1 . First Supplemental Settlement Agreement.
2 . Staff report dated February 17, 1988 .
I
I
II
N ' II
STATE OF MINNESOTA DISTRICT COURT II
COUNTY OF CARVER FIRST JUDICIAL DISTRICT II
City of Chanhassen, a Minnesota 1
municipal corporation,
Plaintiff, FIRST SUPPLEMENTAL
II
SETTLEMENT AGREEMENT
vs.
Natural Green, Inc. , a Minnesota I
corporation, and David K. Luse and
Juliann Luse, husband and wife,
Defendants.
1
AGREEMENT made this day of March, 1988, by and between
II
the City of Chanhassen (hereinafter "City") and Natural Green, Inc. ,
David K. Luse, and Juliann Luse (hereinafter collectively "Owner") . 1
RECITALS
1. The Owner owns the following described property
II
(hereinafter "subject property") within the corporate limits of the
City: II
That part of the Southeast Quarter of the Southeast Quarter
II
of Section 10, Township 116, Range 23 , Carver County,
Minnesota, described as follows: Beginning at a point on the
South line of said Southeast Quarter of the Southeast Quarter II distant 195.00 feet West of the Southeast corner thereof;
thence West along said South line a distance of 361.00 feet;
thence Northerly parallel with the East line of said South-
east Quarter of the Southeast Quarter a distance of 593 . 20
feet; thence deflecting to the right at an angle of 62 II
degrees 00 minutes 00 seconds a distance of 150 feet, more or
less, to the center line of a creek; thence Easterly along
said center line of the creek to its intersection with a line
II
of a creek; thence Easterly along said center line of the
creek to its intersection with a line drawn Northerly and
parallel with said East line from the point of beginning; I
thence Southerly along said parallel lines to the point of
beginning.
II
11
r '
1 2 . On or about December 1977, the Owner established a
Ilandscape contracting business on the subject property.
3 . The City commenced suit against the Owner in an action
Ientitled City of Chanhassen, a Minnesota municipal corporation, vs.
Natural Green, Inc. , a Minnesota corporation, and David K. Luse and
IJuliann Luse, husband and wife, to enjoin the Owner from operating the
Ibusiness on the subject property.
4. The Owner contends it has the right to operate the
Ibusiness on the subject property.
5. The parties desire to settle their differences.
I6. On December 5, 1983, the parties did enter into a
I Settlement Agreement which resolved the matter at that time.
Subsequent to entry into that Settlement Agreement, both parties have
Ibecome aware of additional issues which need to be resolved and,
accordingly, the parties do enter into this First Supplemental
ISettlement Agreement.
NOW, THEREFORE, the parties agree as follows:
I1. Subject to compliance with the other terms of this
Iagreement, the Owner may continue the following described business
operations on the subject property until January 1, 1990, or until the
Iproperty is sold, whichever first occurs: landscaping contracting
business which may not be altered, expanded, or enlarged from that
Iexisting on March 1, 1988.
I2. On or before July 1, 1985, all vehicles and equipment,
not including passenger vehicles owned by employees or clients, on the
Isubject property used in the business shall be parked or stored in the
I
II -2-
area north of the existing berm and be fully screened at eye level
from view of public roads and surrounding residences. '
3 . Business identification signs on the subject property may
not exceed a total of twelve (12) square feet in area. ,
4 . The subject property shall be posted "no public sales."
5. Products, landscaping material, nursery stock and the r
like may not be sold on the subject property to the general public. '
6. Exterior storage of all material made by man, products,
equipment, motor vehicles, fuel, or wood is prohibited if such storage
is within 350 feet of a public road or residence unless screened from
public view at eye level by a compact hedge, opaque natural material, r
or fence made of natural material with an earthtone color.
7. Until January 1, 1990, Owner may locate and attach a
twelve (12) foot by forty-six (46) foot temporary office structure to
the existing office facility on the subject property.
8. If, the Owner violates the terms of this agreement and
continues to do so for thirty (30) days following receipt of a written
notice of violation from the City, the City may apply to the District
Court for an injunction to enjoin the continued operation of the '
landscaping contracting business on the subject property.
9. The City's complaint and the Owner's answer, petition for II
writ of mandamus, and counterclaim in the matter entered shall be
dismissed with prejudice and without costs to either party. r
10. Without notice either party may move the court for
judgment in accordance with this stipulation.
r
r
-3-
IL
Dated: CITY OF CHANHASSEN
I BY:
Thomas L. Hamilton, Mayor
BY:
I
Don Ashworth, City Manager
I Dated: GRANNIS, GRANNIS, FARRELL
& KNUTSON, P.A.
I BY:
Roger N. Knutson
Attorneys for Plaintiff
403 Norwest Bank Building
I 161 North Concord Exchange
South St. Paul, MN 55075
(612) 455-1661
IAttorney Reg. No. 57186
IDated: NATURAL GREEN, INC.
BY:
David K. Luse, Its President
I
Dated:
IDAVID K. LUSE
Dated:
JULIANN LUSE
I
Dated: MELCHERT, HUBERT, SJODIN
I & WILLEMSSEN
BY:
R. Lawrence Harris
IAttorneys for Defendants
First National Bank Building
P.O. Box 7
' Waconia, Minnesota 55387
Phone: (612) 442-5155
Metro: (612) 446-1904
IAttorney Reg. No. 41592
I
I
I -4-
CC I T Y O F P.C. DATE: Feb. 17, 1988
#77 CIA 'HAASSZ ' C.C. DATE: March 14 , 1988 CASE NO: 78-6 CUP '
Prepared by: Dacy/v ,
STAFF REPORT 1
1
PROPOSAL: Conditional Use Permit Request for Temporary Office II
Space
z 1
= LOCATION: 1660 Arboretum Boulevard
J
APPLICANT: Natural Green, Inc. 1
ClE Mr. David Luse
1660 Arboretum Blvd.
Chanhassen, MN 55317 1
1
PRESENT ZONING: RR, Rural Residential District
ACREAGE: 5 .65 acres
DENSITY: N/A
ADJACENT ZONING 1
AND LAND USE: N- RR; rural residential
S- IOP; vacant industrial 1
QE- RR; rural residential
QW- RR; rural residential
W WATER AND SEWER: Municipal services are not available to
site.
PHYSICAL CHARAC. : The site slopes to a lower elevation to
the north to Riley Creek.
2000 LAND USE PLAN: Low Density Residential 1
1
W ')'7 P-1 STREET
111.1....awdRui ix
I ' RR C
,..____ _____,„ .._. k
, 7, V rirVil 3 .1
,.
.\
...,
, \
,) ,
-\
f, tut n In I if 21
1
,... ..
1 I
■ 1 1 --j II: IF WIP 111111111
i.A H 1"
Ct: _
HARRISON . LAKE LUCY . a se ;Tom El :...•
, ..,
•U
:
N II OM
,. Ara ak nil ig te •
ll
. ------
I
v I
, - i alliaiainllVi: 4
•• ‘16
•••
444.1:
• r ,
:1
I 0
co
,-.-- --- - ji- \; cl..
ii
I .
LAKE ANN 1, RSF
if
i'l /''''N
it _ .....ti
•
RD
•
. \
4 4...... -
z .
a: V
IV %-b--- "------" -------
-....4 . ,:_.
R4
1111 PR
*/* ,
Loc.49-icu _
_
116111,1
T,-
-- - T5e. a 42.
_
A- ; •\--- IL ' 1111111 . B
R 1 2. '
OUL E VA R i
,
• - •
. ,
•
.
pitib,
,.., ..
I 4:7— ' , __. --
, 4
i)! 6
71
1 14
- .
t
irA-- -
. a
.. -...---
p • 0/4 -
■
re....... A
eil it.
',.' ■ 14,
:------T
%)e°';°''/°°'°°°°°°°°...°..;;?°°°°4e.e°' k . , ' 411S1 • al
/ " .',41.k.,.; •
o.:--- - ■ NIP
6'
R 12
, . _.:... L-i,t,;„:- .p-- - •
,.. ,
__ _
Natural Green CUP
February 17 , 1988
Page 2
APPLICABLE REGULATIONS '
Landscaping contractor' s yards are not a permitted or conditional
11 ,. ^? C in which the site is located. The City
entered into a settlement agreement with the applicant on
December 5 , 1983 , which permitted continuation of the Natural
Green operation at the subject site until January 1, 1995 , or
until the property is sold whichever occurs first. Prior to and
during litigation, the city' s ordinance did not permit
landscaping contractor' s yards . Given that the applicant is in
transition to another site and only needs office space on a tem-
porary
basis , city staff advised him that a temporary conditional
use permit would be the applicable means by which they could
receive consideration by the city. The applicant was made aware
that the city is currently in the process of repealing this pro-
vision.
REFERRAL AGENCIES
Building Department Attachment #1
Fire Department Attachment #2
DNR If the well house on site utilizes I
more than 10,000 gallons per day, it
must have a DNR permit. The flood
elevation in this area is 943 .7 . No '
structures shall be placed or grading
occur below this elevation.
City Attorney' s Office Attachment #3
PROPOSAL '
The applicant has indicated that Natural Green is relocating to a
site in Chaska. Phase 1 of moving the operation to Chaska is
nearly complete. Phase 2 which includes completing the entire
move will not be completed until March 15, 1989 . During the
intervening year, the applicant indicates the need for temporary
office space at the Chanhassen site. The applicant proposes to
utilize a 12 ' x 46 ' mobile home for the office area. The appli-
cant indicates that the structure was purchased from Sperry
Univac Corporation which had used it for similar purposes. '
The applicant' s site plan indicates location of the proposed
structure directly adjacent to the two story house that is
currently being used as office area by the Natural Green
Natural Green CUP
' February 17 , 1988
Page 3
employees . It is proposed that an access be constructed con-
necting the home and the proposed structure. Currently, there
are approximately 8 employees that use the existing home as the
office. There will oe additional employees using the proposed
' additional office space.
Because the pending ordinance action has not become final to
' delete Article VI, Section 4 , the city accepted Natural Green' s
application. Given the City Attorney' s opinion (Attachment #3)
and given city staff' s recommendation to delete this section of
' the ordinance, it would not be appropriate to recommend approval
of this application. This section of the ordinance encourages
applications where any type of use could be located in any
district. This is contrary to the intent and purpose of zoning.
' The City Attorney also points out that this type of permit is
contrary to state law. (The City Council also acted to deny a
temporary conditional use permit request for a bookstore in the
A-2 District earlier this fall. )
If the Planning Commission or City Council decides to approve the
temporary conditional use permit, it is suggested
' that the installation of the structure meet the Minnesota State
Building Code, Chapter 1350 , regarding manufactured homes . In
essence, this means the structure must have the manufacturer' s
' seal, appropriate ground anchors must be installed, and
appropriate piers must be installed for proper foundation
(Attachment #1) . The Fire Department notes that an office use
' such as this would typically be required to be sprinklered. Upon
further discussion with the Fire Inspector, because the structure
is to be located on the lot on a temporary basis, sprinklering is
not required. However, it is recommended that a heat or smoke
' detection be installed in both buildings . There should be at
least one heat or smoke detector on each floor and two in the
mobile home. The existing two story home has two means of entry
' and exit and there will be one entry/exit from the mobile home.
RECOMMENDATION
' Planning staff recommends the Planning Commission adopt the
following motion:
' "The Planning Commission recommends denial of Conditional Use
Permit Request #78-6 for a temporary conditional use permit to
locate additional office area at 1660 Arboretum Boulevard for
Natural Green, Inc. "
Should the Planning Commission decide to recommend approval of
the conditional use permit, the following conditions are
' recommended:
1 . Installation must conform to Minnesota State Building Code,
' Chapter 1350 .
C
Natural Green CUP
February 17 , 1988
Page 4
2 . Inspection is required after the mobile home is established. '
3 . Submission of a building permit application including two
sets of drawings verifying that the structure contains the
manufacturer' s seal, and the anchor and pier designs meet the
Minnesota State Building Code.
4 . Heat or smoke detection shall be installed in both buildings,
specifically two in the mobile home and one on each floor of
the existing structure.
5 . No structure shall be placed or grading occur below the 943 .7
contour.
ATTACHMENTS
1 . Memo from Building Department dated February 2 , 1988. ,
2 . Memo from Fire Inspector dated February 1, 1988.
3 . Letter from Roger Knutson dated September 11, 1987 .
4 . Settlement agreement dated December 5 , 1983 .
5 . Letter from David Luse dated January 20 , 1988 .
6 . Application.
7 . Site plan stamped "Received January 28 , 1988" .
8 . Copy of pictures submitted by applicant in conjunction with
the application.
Managers Comment: From the date of initial controversy over
whether Mr. Luse was operating a "tree growing range" through
final settlement, the City and Mr. Luse have maintained an ami-
cable rapport. During initial operation, Mr. Luse purchased the
old railroad station and moved it from its location on Great
Plains Boulevard to the Natural Green site. The structure again
has been moved to Chaska as a part of Mr. Luse' s change of busi-
ness locations . Operations in that area required that he move
the building. In conversations between Mr. Luse and the Mayor,
Mr. Luse stated that he would be willing to allow the city to
move the structure back to Chanhassen after he has completed his
move, i .e. after one year Mr. Luse will be able to cease opera-
tions
in the trailer and will have sufficient building areas to
meet his needs in Chaska without necessitating usage of the old
railroad station building. In light of the various concessions
agreed to by Mr. Luse and the City during the past ten years , it
seems appropriate that we formally recognize Mr. Luse' s offer as
a part of the current conditions in the settlement agreement
( assumes approval) . '
I am not aware of any instances in the past where this office has
recommended approval of a temporary facility such as currently
proposed. I agree with the general comments of both the Planner
Natural Green CUP
February 17, 1988
Page 5
and the City Attorney. However, the issue before the Council is
quite distinct from any general type of temporary use application
and could not readily reoccur. The application before the City
represents final resolution of a court settlement reached in
1983 . In essence, that settlement stated that both the City and
the applicant recognized that the existing use was not permitted
and should not continue to exist. The question posed in the
' settlement agreement was how to effectuate ceasing operations
recognizing the significant investment in place by the owner. The
action before the City Council at this point in time is solely a
' final step in that settlement agreement where both parties are
attempting to reach agreement as to how the use can cease without
imposing undue financial burden on either side. Although the per-
' mit would be shown as a conditional use, this office would recom-
mend that the actual instrument to be used in binding both parties
to the one year period would be an addendum to the 1983 settlement.
We would restate the purpose and intent of the 1983 agreement and
conclude that the approval being given is "temporary" solely to
effectuate that court settlement. I see no reason why that adden-
dum agreement could not include the agreement of the owner to
allow the movement of the railroad station back to Chanhassen as a
part of the settlement agreement.
Approval is recommended as outlined above.
1
//i / f
1
I
CITY OF
}
I
\ --A ,-
\1 ‘ i
N CHANHASSEN I
I , 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
,, ‘
..
� '' 1 (612) 937-1900
I
MEMORANDUM I
TO: Planning Department
I
FROM: Building Department , 1c^
DATE: February 2 , 1988
I
SUBJ: Planning Case 88-1, Conditional Use Permit
I
I would like to make the following comments in response to your
memo.
I
1 . Installation must conform to Minnesota State Building Code,
Chapter 1350 .
2 . Inspection is required after mobile home is set up. i
I
I
I
I
I
I
I
I
/9 7mi%skl -w I
1350.0100 MANUFACTURED HOMES
Subp. 57. Tie. "Tie" means a strap, cable, or securing device used to
connect the manufactured home to ground anchors.
Subp. 58. Utility connections. "Utility connections" means the connection
of the manufactured home to existing utilities including, but not limited to,
electricity, water, sewer, gas, or fuel oil.
Subp. 59. Vertical tie. "Vertical tie" means a tie intended primarily to
' resist the uplifting and overturning forces.
Subp. 60. Width of a manufactured home. "Width of a manufactured
home" means its largest overall width in the traveling mode, including cabinets
and other projections which contain interior space. Width does not include bay
' windows, roof projections, overhangs, or eaves under which there is no interior
space.
Statutory Authority: MS s 327.33
' 1350.0200 AUTHORIZATION.
Parts 1350.0100 to 1350.6900 are authorized by Minnesota Statutes, sections
327.31 to 327.36 and 327.55 and established through the rulemaking procedures
set forth in Minnesota Statutes, sections 14.02, 14.04 to 14.36, 14.38, and 14.44 to
14.45, to implement, interpret, and carry out the provisions of Minnesota
Statutes, sections 327.31 to 327.36 and 327.55 relating to manufactured homes.
If these parts differ from the code promulgated by the American National
' Standards Institute as ANSI A119.1, or the provisions of the National Fire
Protection Association identified as NFPA 501B, these parts shall govern in all
cases.
Statutory Authority: MS s 327.33
1350.0300 ENFORCEMENT.
The commissioner shall administer and enforce all the provisions of parts
1350.0100 to 1350.6900 and the code. Any authorized representative of the
' Department of Administration may enter any premises where manufactured
homes are manufactured, sold, offered for sale, parked in any manufactured
home park in the state, or installed in the state if the installation was made after
' September 1, 1974. The authorized representative may examine any records and
may inspect any manufactured home, equipment, or installations to ensure
compliance with the provisions of parts 1350.0100 to 1350.6900 and the code.
The authorized representative may require that a portion or portions of a
' manufactured home be removed or exposed in order that an inspection may be
made to determine compliance, or require that all portions of an installation be
removed or exposed to make this determination.
Statutory Authority: MS s 327.33
CONSTRUCTION SEALS AND LABELS
1350.0400 REQUIREMENT FOR SEALS, CODE COMPLIANCE,
CONS"I'RUCTION COMPLIANCE CERTIFICATES, OR LABELS.
Subpart 1. Construction seals; code compliance; construction compliance
certificates or labels. After July 1, 1972, no person shall sell or offer for sale in
this state any manufactured home manufactured after July I. 1972; manufacture
' any manufactured home in this state; or park any manufactured home
manufactured after July I. 1972, in any manufactured home park in this state,
unless the manufactured home complies with the code and the commissioner's
revisions to it, bears a construction seal issued by the commissioner, and is
' accompanied by a construction compliance certificate by the manufacturer or
dealer, on a form issued by the commissioner, both evidencing that it complies
with the code, or if manufactured after June 14, 1976, hears a label as required
by the secretary.
6
I
i .,: _
1350.2800 '
00 MANUI:ACTURED HOMES
conforming with Federal Specification QQ-S-781G, is capable of meeting the '
working load and 50 percent overload specified herein.
Subp. 7. Tie connections. Ties shall connect the ground anchor and the
main structural steel frame (I-beam or other shape) which runs lengthwise under
the mobile home. Ties shall not connect to steel outrigger beams which fasten
to and intersect the main structural frame unless specifically stated in the
manufacturer's installation instructions.
Connection of the cable frame tie to the mobile home I-beam or equivalent
main structural frame member shall be by a 5/8-inch drop forged closed eye bolt
through a hole drilled in the center of the 1-beam web or other approved
methods. The web shall be reinforced if necessary to maintain the I-beam
strength.
Cable ends shall be secured with at least three U-bolt type cable clamps
with the U portion of the clamp installed on the short (dead) end of the cable to
assure strength at least equal to that required by subpart 6.
Statutory Authority: MS s 327.33
1350.2900 GROUND ANCHORS.
Subpart 1. Placement and purpose. Ground anchors, including means for '
attaching ties, shall be located to effectively match the anchoring system
instructions provided by the manufactured home manufacturer, or, if there are
no instructions, in accordance with the requirements of part 1350.2600, and shall
be designed and installed to transfer the anchoring loads to the ground.
Subp. 2. Capacity of anchors. Each ground anchor, when installed, shall
be capable of resisting an allowable working load at least equal to 3,150 pounds
in the direction of the tte plus a 50 percent overload (4,725 pounds total) without
failure. Failure shall be considered to have occurred when the point of
connection between the tie and anchor moves more than two inches at 4,725
pounds in the direction of the vertical tie when the anchoring equipment is
installed in accordance with the manufacturer's instructions. Those ground
anchors which are designed to be installed so that the loads on the anchor are
other than direct withdrawal shall be designed and installed to resist an applied
design load of 3,150 pounds at 45 degrees from horizontal without displacing the
anchor more than four inches horizontally at the point where the tie attaches to
the anchor. Anchors designed for connection of multiple ties shall be capable of
resisting the combined working load and overload consistent with the intent
expressed herein.
Subp. 3. Anchor design and installation. Each manufactured ground
anchor shall be approved pursuant to part 1350.1500 and installed in accordance
with the anchor manufacturer's instructions and shall include means of
attachment of ties meeting the requirements of part 1350.2800, subpart 5.
Ground anchor manufacturer's installation instructions shall include the amount
of preload required, the methods of adjustment after installation, and the load
capacity in various types of soils. These instructions shall include tensioning
adjustments which may be needed to prevent damage to the manufactured home,
particularly damage that can be caused by frost heave.
Subp. 4 Information on ground anchor. Each ground anchor shall have
the manufacturer's identification and listed model identification number marked
thereon so that the number is visible after installation. instructions shall
accompany each listed ground anchor specifying the types of soil for «hich the
anchor is suitable under the requirements of subpart 2.
Subp. 5. Table of soil types. NOTE: The following data gives
information relative to soil types with blow counts and torque values:
16 i
Maar) L:=11111r
i ..
I1350.3200 MANUFACTURED HOMES
• 1350.3200 NUMBER OF TIES REQUIRED.
Number of Ties Required Per Side of Single Wide' Mobile Homes2.
I This table is based on a minimum working load per anchor of 3,150 pounds
with a 50 percent overload (4,725 pounds total).
1 2 3 4 5
' Alternate Method4
Length of3 No. of No. of No. of No. of ,
Mobile Home Vertical Diagonal Baling Diagonal
I (Feet) Ties Ties5 Straps Ties6 W
up to 40 2 3 2 3
40-46 2 3 2 3
I 46-49 2 3 2 3
49-54 2 3 2 3
54-58 2 4 2 4
58-64 2 4 2 4
I 64-70 2 4 2 5
70-73 2 4 2 5
73-84 2 5 2 5
Double-wide mobile homes require only the diagonal ties specified in
column 3, and these shall be placed along the outer side walls.
2 Except when the anchoring system is designed and approved by a
registered professional engineer or architect.
I 3 Length of mobile home (as used in this table) means length excluding draw
bar.
4 Alternate method. When this method is used, an approved reinforcement
means shall be provided. If baling is used to accomplish this reinforcement, the
I provisions of part 1350.2600, subpart 2, item F shall apply.
5 Diagonal ties in this method shall deviate at least 40 degrees from vertical.
6 Diagonal ties in this method shall be 45 degrees + 5 degrees from vertical
and shall be attached to the nearest main frame member.
Statutory Authority: MS s 327.33
I
1
I
I
I
I
18
I 1MM:1r . —
nr
(h '
O
I-beam frame „ c
Gap between top of pier and main frame may be a wood plate (not ' .-z t
exceeding 2" in thickness)and shims (not exceeding 1" in thickness).
Shims shall be at least 4"wide and 6" long, fitted and driven tight $
between wood plate or pier and main frame.Two inch or 4" solid b '
concrete block may fill remainder of any gap. -I ,-,
n
Cap —wood or concrete,2"x 8"x 16" r �'
= D
Less than ':' " '' .,, Open or closed cell concrete blocks 8"x 8"x 16" (open cells placed o O
40" in :-xi::.i.::; il`' • vertically upon footing)g) installed with 16"dimension perpendicular =• ri)
height to the I-beam frame.
Footing— 16" x 16"x 4"solid concrete or other product approved !'7--c4
Y
pproved 2
for the purpose or,alternately,two 8"x 16" x 4"solid concrete
blocks with joint between blocks parallel to the steel I-beam frame. `�
_ Y
"..... "."•'► -''.,"'►.""" . Ground level C1
C
XI
Footing placed on firm undisturbed soil or on controlled fill free of O ��
grass and organic materials compacted to a minimum load-bearing =
capacity of 2000 PSF.
3 QW..
rli
For piers less than 40 inches in height (except corner piers over 3 blocks high). Piers shall be securely attached to the
g Cl)
frame of the mobile home or shall extend at least 6 inches from the centerline of the frame member.
w
0
.o C Y i
MI MI i • MO — — all I MI OM NM MI I MI I MI
1
CITY OF
CHANHASSEN
1 \ r ,
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
1t `
(612) 937-1900
1 MEMORANDUM
TO: Jo Ann Olson, Asst. City Planner
1 FROM: Steve Madden, Fire Inspector 4f
DATE: February 1, 1988
1 SUBJ: 1660 Arboretum Boulevard
Upon review of the site plan at Natural Green, I recommend
the following:
1
I . If the trailer home is parked next to the existing
building, both buildings should be sprinklered.
Chanhassen Ordinance 62-A, Section 10 . 301.
1 2 . Heat or smoke detection should be installed in both
buildings .
If you should have any questions, please see me.
1
1
1
1
1
1
1
1 - 144
LAW OFFICES
GRANNIS, GRANNIS, FARRELL & KNUTSON
111
DAVID L. GRANNIS- 1874-1961 PROFESSIONAL ASSOCIATION TELECOPIER.
DAVID L. GRANNIS,JR. - 1910-1980 POST OFFICE Box 57 (612)455-2359
VANCE B. GRANNIS 403 NOR WEST BANK BUILDING DAVID L. HARMEYER ,
VANCE B GRANNIS,JR. 161 NORTH CONCORD EXCHANGE M. CECILIA RAY
PATRICK A. FARRELL ELLIOTT B. KNETSCH
DAVID L. GRANNIS,III SOUTH ST. PAUL, MINNESOTA 55075 MICHAEL J. MAYER
ROGER N. KNUTSON TELEPHONE: (612)455-1661 '
September 11 , 1987
Ms. Jo Ann Olsen
City of Chanhassen
690 Coulter Drive, Box 147
Chanhassen, Minnesota 55317
RE: Temporary Conditional Use Permits
Dear Jo Ann: '
You asked me to review and comment on Article VI, Section 4
of the City' s Zoning Ordinance concerning temporary conditional
use permits. Minnesota Statutes § 462.3595 provides in part:
Duration. A conditional use permit shall remain in effect
as long as the conditions agreed upon are observed, but
nothing in this section shall prevent the municipality from
enacting or amending official controls to change the status
of conditional uses. '
* * *
Conditional uses may be approved by the governing body or '
other designated authority by a showing by the applicant
that the standards and criteria stated in the ordinance will
be satisfied. The standards and criteria shall include both
general requirements for all conditional uses, and insofar
as practicable, requirements specific to each designated
conditional use.
The City' s temporary use permit does not comply with either
requirement. Having been granted a "temporary permit" an
applicant could argue that the time limitation was prohibited by
state statute and that they have the right to continue
indefinitely. Our response would be that if he or she is correct,
then the entire permit was void from its inception. A court would 1
have to sort out who is correct. This concern can be eliminated
in advance by repealing the provision.
RECC:7;2:D
SEP 14 1987
CITY OF CHANHASSEN I
II
II Ms. Jo Ann Olsen
September 11 , 1987
Page Two
' I am also concerned with the open-endedness of the
provision. Under it, virtually anything can go in, subject of
course to the criteria for issuing any conditional use permit.
ry truly .urs,
GRANNIS RANNIS, ' AR'ELL
�TSON, P.A
�
BY '`inu `
' 'oger
RNK:srn
r
I
I
I
I
I
I
I
I
I
y ' `' 1
STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF CARVER
FIRST JUDICIAL DISTRICT II
City of Chanhassen, a Minnesota I
municipal corporation,
Plaintiff,
II
vs.
SETTLEMENT AGREEMENT
IINatural Green, Inc. , a Minnesota
corporation , and David K. Luse and
Juliann Luse, husband and wife,
Defendants. - II
II
Agreement made this 5th day of December
1983
IIby and between the City of Chanhassen (hereinafter "the City" )
and Natural Green, Inc. , David K. Luse, and Juliann Luse (hereinafter
IIcollectively "the Owner" ) .
RECITALS I
1 . The Owner owns the following described property (here-
inafter "the subject property" ) within the corporate limits of
the city:
•
That part of the Southeast Quarter of the Southea I
ter of Section 10 , Township 116 , Range 23, CarverCouunty,
Minnesota described as follows : Beginning at a II
on the South line of said Southeast point
South-
east Quarter distant 195 . 00 feet West of LtheoSoutheastth-
corner thereof; °.:.enc` West along said South line a dis-
tance of 361 . 00 feet ; thence Northerly parallel with • II
the East line of said Southeast Quarter of the Southeast -
Quarter a distance of 593.20 feet ; thence deflecting
to the Right at an angle of 62 degrees , 00 minutes , 00
II
seconds a distance of 150 feet more or less to the center
line of a creek; thence Easterly along said center line
of the creek to its intersection with a line of a creek ;
thence Easterly along said center line of the creek to II.
its intersection with a line drawn-Northerly and parallel
with said East line from the point of beginning; thence
SouLherly along said parallel lines to the point of begin-
ning.
NECElw D
7,667;4665W7U/." K
, i
1
2. Labout December, 1977, the
''�ti.ner established
a landscape contracting business on the subject property.
3. The City commenced suit against the Owner in an action
entitled City of Chanhassen, a Minnesota municipal corporation,
vs . Natural Green, Inc. , a Minnesota corporation, and David K.
ILuse and Juliann Luse, husband and wife, to enjoin the Owner from
Ioperating the business on the subject property.
4. The Owner contends it has the right to operate the
Ibusiness on the subject property.
5. The parties desire to settle their differences.
INOW THEREFORE, the parties agree as follows :
1 . Subject to compliance with the other terms of this
I agreement , the Owner may continue the following described cribed business
Ioperations on the subject property until January 1 , 1995 or until
the property is sold, whichever first occurs : landscape contract-
' ing business which_._may not be altered, expanded or enlarged from
that existing on September 1 , 1983.,
I2. On or before July 1 , 1984 , the Owner shall comp
• ly
with the requirements of Exhibit "A" .
I3 . On or before July 1 , 1985
all vehicles and equipment ,
Inot including passenger vehicles owned by employees or clients ,
on the subject property used in the business shall be parked or
Istored in the area north of the existing berm and be fully screened
at eye level from view of public roads and surrounding residences ,
I 4 . Business identification signs on
the subject property
Imay not exceed a Lotal of 12 square feet in area.
5. The subject property shall be posted "no public sales" .
i6 . Products , landscaping material , nursery stock and
the like may not be sold on the subject property to the general
II
y
7 . Exterior storage of all material made by man , pro-
ducts , equipment, motor vehicles , fuel or wood is rohib �
p ited if
such storage is within 350 feet of a public road or residence unless
screened from public view at eye level by a compact hedge, opaque
natural material or fence made of natural material with an earthtone
color.
8 . If the Owner violates the terms of this agreement
and continues to do so for 30 days following receipt of a written '
notice of violation from the City, the City may apply to the District
Court for an injunction to enjoin the continued operation of the
landscape contracting business on the subject property.
9. The City's complaint and the Owner ' s answer, petition
for writ of mandamus and counterclaim in the matter entered shall
be dismissed with '
prejudice and without costs to either party.
10 . Without notice either party may move the court for
judgment in accordance with this stipulation.
Dated: December 5, 1983 CITY • CHANHASSEN
TL--■By i‘/
Tom Ham on, M. o,r
ByD _� (—u:-42 '
on Ashworth, Crty Manager
Dated: December 5 , 1983 GRANNIS GRANNIS 1
C MPBELL •
& -ARRELL
47*
1
By r
ROG
A orneys for Qintiff
4 3 Norwe.st Bank Bldg.
South St. Paul , MN 55075 I
-3-
i
C-40- A,Q4F
i Dated : / �3
NATURAL GREEN, INC.
Its ►� �S.
1 Dated: /---„2
David K. Luse '
1 Dated:
Ju13.'ann Luse
1 Dated: E / 7? / j 4 MELCHERT, HUBERT, YOUNG & SJODIN
1
BY - ?
Attorney for Defendants
400 Chestnut St. P. O. Box 67
Chaska, MN 5E318
1
1
1
1
1
1
i
1
1
i
i,- t- , - ,,
- n ...,
, - 1660 ARBORETUM BOULEVARD �'
CHANHASSEN, MINNESOTA 55317
612/474-1145
II
reen, inc.
1
January 20, 1988 II J
IIan y , 19
City of Chanhassen I
Attn: Joann Olsen
690 Coulter Street
Chanhassen, Minnesota 55317 I
Re: Conditional Use for Temporary Office Space
Dear Joann: '
Natural Green has purchased a high quality office storage structure II previously used by Sperry Univac Corporation for similar purposes.
The structure is 12' x 46' . Please refer to the attached photos.
Natural Green is relocating to Chaska. Our new 25 acre site is
II
located near County Road 17 and Highway 212. Phase I of our move
is nearly complete which includes the relocation of our entire nursery
operation and moving the train depot from our present location to the II new site. Phase II, completing our entire move including the con-
tracting firm, will be completed by March 15, 1989. During the interim
period (one year) we need temporary office space. We do not view this II as an expansion of our existing operation but rather the opposite due
to the Phase I move being complete.
We hope the Planning Commission and City Council will look favorably
II
upon the request. Attached please find our application including site
plan. You agreed to allow us a few extra days to provide you with a
list of property owners.
II
Respectfully submitted,
NATURAL GREEN, INC. I
David K. Luse I
President
DKL/la I
Enclosures: 4
II
L
11771/ 4 44-511
LAND DEVELOPMENT APPLICATION
' CITY OF CHANHASSEN
690 Coulter Drive
Chanhassen, MN 55317
' • (612) 937-1900
APPLICANT: N,9--v,e , to,C.�/ /rife- OWNER: D,,.k//rj A.,L458
' ADDRESS /440 Step a/f i-V, 1 4'l✓4 ADDRESS /413S$ 6-o*thx.c/AaiV/
d#14,14.4.5.57../1 011/V 3/7 F�pF✓ Pt!c.�„u Gall/ s's3sty
Zip Code - Zip Code
TELEPHONE (Daytime ) '744--//'?r TELEPHONE 935/-S797
REQUEST:
Zoning District Change Planned Unit Development
Zoning Appeal
Zoning Variance Sketch Plan
Preliminary Plan
Final Plan
' Zoning Text Amendment Subdivision
Land Use Plan Amendment Platting
' ✓ Conditional Use Permit Metes and Bounds
Street/Easement Vacation
' Site Plan Review
Wetlands Permit
PROJECT NAME /✓• V 4C-4..v ;
PRESENT LAND USE PLAN DESIGNATION ReS/dr-►,fim LOLA] DEN
REQUESTED LAND USE PLAN DESIGNATION
• PRESENT ZONING /QiQ
REQUESTED ZONING
USES PROPOSED
' SIZE OF PROPERTY s:-6s- A
' LOCATION J6&" /¢/2 O4 7v/t4 Q Jv
REASONS FOR THIS REQUEST S Ar&
is
' LEGAL DESCRIPTION (Attach legal if necessary)
1 '
77f/LS'�
•
City of Chanhassen
( (
,
Land Development Application
Page 2 11
FILING INSTRUCTIONS :
I
This application must be completed in full and be typewritten or
clearly printed and must be accompanied by all information and
plans required by applicable City Ordinance provisions . Before ir
filing this application , you should confer with the City Planner
to determine the specific ordinance and procedural requirements f
applicable to your application . '
FILING CERTIFICATION:
The undersigned representat' I
v
that he is familiar with theproceduralprequirementsboall
ifif ces
applicable City Ordinances . I
Signed By W. •�,..1 I
Applicant _ Date /�/eg
. 1
The undersigned hereby certifies that the applicant has been -
authorized to make this application for the property herein II
described .
.
I
Signed By GO- -__La.Fee Owner Date _ eZgS
I
I
$4. OV A- xt5 G d1
Date Application Received / � Fr- isv II`
Application Fee Paid A-71-7 ` 5Cj '1
• City Receipt No. a.
CITY OF CHANHASSEN . I
* This Application
pplication will be considered by ` m
Board of Adjustments and Appeals at theire Planning Commission/ II
meeting .
. ,4
CHANHASSEN PLANNING DEPT.
I
•
•
I
•
_ _, 4..1 4. x.A w. 4, (I> _ _r...f....._.v. G.• . ___ _
.. - •
I
. •
I 1 1
.6 D.
I '
i E
I
I 11 ( iii
i 1
E-; 1
4'
'
1
1 i I-- '
1
i . ...., .......
P- r-%L.
- _-_ .,
/ 40,
. ______ _ __ /1 r
4,.. . .
.....i. r , 4
I
1111111P. -
V44i'1..."E '0 U Tim.-i" 74. C't..‘Ar -- -_—
.....tiz.o-
:-____ 4itarupts Ad.ork. Aslirl.-0, 4-0,(---i-oi;
---:
1 !
I
111 _
. ._
1
: of c"Ntl"P'ssE14
c" :15....„L- „.... ., .......,
, r .
,\M\: - 8
NSSENPLN14 .
till4GDE? ••
1 "-
. ,
, .
.
111----- . GI
... .,.. .
I c -- . '2. T si 1°1-4 n id
I. ItVit) S-VIN. M Aft L k rA L. A. , X.Fritzffie/(61217:,,-47 '
I -- 4-,.:s..... a k•;1",'"
. ---...--......._
■ __..„..------ ._.__-- --7—..—_... ___---------- •
A
.r
b t '
, � �- ,'I 1
y Y a
s.
- tai R Shur-.e•
1
� _.,.,,.e! ,$
_^ 1 t ',. .�•
.ti• , , phi ,- •
■
•i r,
;. it ,
__
1
I
- _-,-:
•'^3 s'£ -'�"�'i:fit - _ �"'c,F ,t
r .3 - a.1=v--;:'-‘4-1.4.---5'. i y
I
1
•
I
pct 1v�
,1'`',',.-'.''; _,:c-x; F l -,e:vwy-"--mss :1,� ,
-7,"'' t'..i1 YV 7''0, ' _ "y'..t at .,. 3e
1 -.?:e: _iy J, '3R' -'" .�,__• iz:y�z,..-�.t�M in-,�y�ze.- :-1 . trR..._ i 1..
„,,--.-f4:4-r.-.:;_-...-,.. ,.. i,;,_i-4.-,,,,:;144,tvrt-iii!':41,:*-4,z--,--Fir:::,,,,,p.:7-iori.fv,.="7-.1,7- . „,,,. ... Itte4
,_
:f ,_ ,I_ ; 1
I -i .: -
. 1
-„ 2c=ctgr �
raer. .4:',:- ,.- • t• 4
"Y
_.,F.
_ .
. . .,...,,..
_ .• • . ..•.... •. , _._•,_ _
_.
• ,___..,,;,,„:..„ ,....,...:„7,.. . ,.._ ...,__ : , „.„..,....,_,...___ ___•., ,:_._ • ,: . ._ . ..._...... .., . ,. .,_,_.„.„.,_____,. ,.::•,..„,....„. ,....,..___‘,-;:•" -7i:- ....,r--. t /
S 4 J
,� -R_n.w ,yam •mac\ - i. •. -4" '.te.,
E:3:12.11 .J.r%ti_. SWU�Y LR°`nTY Ste{ llii?� Xel2 -cJ•; �f•r•'..
' k
N
• • .
I,
1. - -:-:= ^4, ,,;i"44,.;- *.Z:.':,,, -- ",:,..':::•-i..-:„;,':,-1,--.
,,..4.0.-, ,.r:-- - • - - -- 7-,, .r"-:..•. .,....-:-_,:: -",:!'-.-4;.17.,;'--9'".4-0'„C.:1"2,-2.
I -Art.:::',,,=4,-.i-„,:t--...ff . ._ . : ,. --: -2. - ,..,: - -. - ,-. :-.--....'-.,.:•; :,-7,y--,r;L.:7:,.,c, -,-:',,.•:.„u.0.--.7:_.
..
,.
.-- ,
-1-'
I -• •-
-.'-' ,..' .- .
r.r.', ...,-,...._- -1 . -
I --'i;--;.'•'- '1.- -_- - •'
,,',..,---;-,T,A ,!", -. . — ,
. ...... .
I ...
-.!.: Z . .;.:-::' :..... .-.',ZF,.:„..;_.....'-z- ''--- ..:-.".---- ;'>-4.-i''''''''''.. :-
---"•:77-,tl."&.1....: :-- ..
,,,,:-.w‘...,, ,L-.,, - -- - --.___:---, .--._ ---• .z".. -, ,-.---. .------,,,,-,4,:.----- ..-,43. -----Ii....
---r- g,',..., -,.4 c.'"1/4.".,-''.-,:•'.*--:.r...,:f„.1.." :-'-....- '-2,-T.
, . .
I . -., m'''''''''4," •,',„'r -•.,..'. '-, ,.:::-,. ,"'± , _,. -,,,'.i. ' 1.'-'!,' ..„,, ‘..",,,-;•_,,,--2%,. ' ' • , 1ji--', ;r, 11.::::.■4 _.•,, _,.. .
•..--,-.4-.:---...--:-----,' ' .:4 '''''t '''.,.'.',:' .: .':;,4*,..*':.■,,k1.1,:r: '.: ', -1*:. '"Att_ ;-f-k17--.. _...
I - . • -• , - ,- - - - .:,r.--...,......f.,: .:..„t.„,:,, '4.1-.,,,_.,4,,:1-,1-erietyr...,-1 ki.. -,?.:*-7.'.! _
--_:;r_,-.- K,Ate--,' .:I:::::-2-.--.:'':.--i..-ij..z ..-:;....,,.." f'!,r.:-.:....-7'Af•.7:-''. ';se.: :.:-.='':2..7:---',;.:-gf.ikV4P--
''''-'1,:".1-''''.t.,.:,'!..•.‘::.1:-:,...‘,'•.-.L:'.,----,.j`....,:,,,:'-:":','=1 ,-'_'.-',-. ---,,,:-..::=-1-,'.:'-.'i:"-7..i:...,..:::,,,...,,,I.,-.. -"----
—.''''''k'''''''''.11-:'.' .-'--:::' :''-.;`',...::::::;...:::-.k."'S..:•,,;si- 4-,. ..'Y'f'..;:"...:,::4,:
I '-i-q-4',...-
--•'-.s.''e'•..;••:',:„. ...:•^,,.•;- i,--1.46,-;1%.4"-=:.4. -;--'`,:,-- "-.• .-1-'••-'-4,'.■'Y.,' fl.. • -"7- '-'''."-• -: '.'"::'-',•'•
- . -'' ' "‘".,•._:.":- L.: ,,c:.. • .,--.-1-.. .;-•-. ..:,5-2,1•:47,;••,442.-',.T,.,..,:_.•',;•:::-.7 i':-%-,,,,,,-:.r1,i-:.•_4,4*-FA:7,.•' . •12'.-:,•-•'.-,-.':'-t-:-...:-.:."'s'-.,-.. .-:.',-,,'':.,„.:- --' i'.4--",-; ' it't.f.':':'-''',.''- ,i t'--'.Y; .';'''-'_-•*. ii.vpk.',..7.:-_,-Z-
,, .--.-,..-.-...- .-,-- -,''''-.'...'.- '.:. . . ,.._-:.:i.#*'`.:,---...-5jzit-',....g:.::'
I - ,-4: .4'-,,k,,_-,, , _-, - ,- :,...„- -,..',.-- -----".Y.i '-:----,-:-'; . ..----- 7-P1-. .. ."
---'-'4i.-2"'' '.:4:4**''''''''It., -,_ ":,s.• . . ''..'.
•.-Z1.'"i-,?:.*_4;'',',,,--,--.-..--:',--..•:-_.,`,'-•,:-.-.. .:.,.:r.l'i_:•-••.,,•.:-f_--;,?,-....=--.--',',,2-''-''':•,_.-.k..-„..- __-,,;-..c:'.:;,.•,,:Y.-,:f"4"„;-.:4-;. -7-:.‘
-,-:.,- .-•4---..'iti7.,-_:-!"'1,•-.,-_:•.-,--_,',,,-'i.,.7.`;.:...,'..!,..*:-..-:,.i„.2,-,,:.--:-. .-..•__„.._,--:'.',::,-:-,:----•_-•' --• ..- '',-,''-,..:", .--,,._:_=-42:-.._f----"-•'
,••. : _.-- - --'`,':-- '.• 4„, - :4—-,--..i-• .0i.- ' ''' ?''''" -----"" -;,-,---,-.-'‘,.4.--r-•II --,,,_.5-,i 4 .'r .,..:Z" -1.' .. .-".:;; ?..:'- :.•: •
... ,....-. .. ' •t:',,.:.--.-2.•:;‘-,:"..--',..-,. ...-tr-7."'! '' -'''•
',:t7,-V.i,.',.1*.„1:7:.:=;',=,.".._. .-,., r ,f..i.7,-.'1,,"7_4_,-..k.:;:?..-",:-,,;-,-4.-•-•'- ,e---"`---.!••--•4,-_it =--- _ -
..,..t ,,,- -- , ., 4,..., ..--- - . ' 7
-,--,ft447.4...$0' w • . 4.4. .
ITT i
7.1 1 5-i-s
I
...
.
:
.1,1111gillail-
....*„., .......T-
,._
I . . _ ....'7211■•■.....-,. . , ---
- -- --_
I .,,.. .__ .,...., ._
..........____
-
_ . .. ..,,_,-,i,,,;,,,.-., -,,L---..,-,...'-' -,i.----, - -•- --. . ..
I - -- -' •--'- :-. :--"-:,::::..-•-.7,-'4„;.,,:7J='::::,,----f,_..,- ' - - --•-:---s. -:::‘,:-.-7.--.: %.:-,-'`.f:,-,--±-'-',-:7,',;-,711=Z-~
I f---..:1--f-4:',41,.. ..1•,--.:.--=-‘. ....- .-: .-.4..--.•6.,=4.,7A'.:,.,5.-g-r+V,f,9- 7's.t.-4`-tik =' . . •
41. = • e 'N41
-,,,,-.....`i!-- ,_ , . . .-.... .-.-.,)•-•,, :;,,,.,i. ,;-7-:.:....' !t,,f,- -.t- ,',e- .' )-,.....; ,I I,,i.
•.,.!. -:,-_-.,- ----=-,- --=!..'- ...,- -.2.....-.-..<-_,04._-,.-:± .41 4:w 1 .
- ':_:;.:'0=P4-,,,r,%.-•p,...4;01442:kt.4..,,,t;1.04,44t#,Riat.4.44,0,,,,_'/_ VI,Ar W it ' 1 ,
a.., e,.....,,.. `'as .., • ' . JAL/L. • -
- ',W14'.''-4'115' ''';'r'''' -,-.4...- _ ; - 1 • -j,'
,..,,;.: I 0-,-.. -
•
:. ' - • 'rf '
I .116.1.111101.11•00. -I..
f - _
v.•r TS'' : . '
, 0 . •
, -
11 1
, •
[1 ..
11 . • ..
IV- "' -"":----- . _ - 4:-.....;,..47W;:"
•
,
_....
opiPall - .' .:-..: • ....144k. ---, ft...7.. 77-
, _
11111110..4/
- •
I . • ' , ,
- _. , . .
, .,. - •--,---.•--"'.-: 7-4'4.'.'4"."'--' '''''''....*:-.t
:....7:-------_ --..,-....., ,, --,---:..- ---,--._-.._--...--
..,. _
I - . .