3 Amend Agreement for Halla Nursery 10000 Great Plains Blvd.
3~
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CITY OF
CHANHASSEN
MEMORANDUM
TO:
Don Ashworth, City Manager
90 City Center Driz'e, PO Box 147 FROM:
Chanhassen, Minnesota 55317
Phone 612.937.1900 DATE:
Gmeml Fax 612.937.5739
Engineering ftzx 612.937.9152 SUBJ:
Public S4e~y Fax 612.934,2524
\f'cb ll'll'll',ci,c!'ilnhassen,IIIn,us
Kate Aanenson, AICP, Planning Director
September 8, 1998
Request to Amend the Stipulation Agreement for Halla Nursery
Background
Mark Halla is requesting an amendment to the stipulation agreement between
Halla Nursery and the City of Chanhassen. This agreement was approved in the
spring of 1997. The agreement outlines the terms under which Halla Nursery can
operate and further states that any changes must be approved by the City Council.
Halla Nursery is a retail nursery garden center arid contractors yard. The Halla's
are requesting to expand the peacock barn as well as move it to another location.
Analvsis
The zoning on the property is A-2. An agricultural use is a permitted use in this
district and would not normally require a building permit, but in this situation the
stipulation agreement supersedes the zoning ordinance.
The current peacock bam is located on the rear of the subject site (adjacent to the
golf course). Currently, the barn is 20 feet x 50 feet. They are proposing to
increase the barn to 54 feet by 100 feet and would like to locate it on the south
side of the property. This area will be adjacent to new homes off of Daylily Place.
The applicant has stated that the bam will be used to house 75 peacocks that need
to be indoors for the winter. They have also stated that 3,000 square feet of the
barn will be used for storage.
Recommendation
If the City Council wishes to approve this request, staff would recommend that the
stipulation agreement be amended specifying the size of the barn and the number
of peacocks allowed.
Attachments
1. Stipulation Agreement.
2. Letter from Elliott Knetsch dated August 25, 1998.
g:\plan\ka\halla slipulalion.amd.doc
[he City afGal/basseII. A growing community with clfillllakes, qUiz/ity schools, a channing downtown, thrilling businesses, Ilnd bellutifu! parks. A great p!{/ct to lire, work, Ilnd play.
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CAMPBELL ~l~SON
@002
STATE OF MINNESOTA
"f'flctA[ COpY
o lY ':'~H-' nDUt:WT DEPt..
f"{\~~~NI ~~~~-/
,,1\11'il crrL9~ UI1N'l~.~. . .
DISTRICT COURT
...
~
COUNTY OF CARVER
FIRST JUDICIAL DISTRICT
CASE TYPE: to/Other Civil
Court File No. C8-94-851
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City of Chanhassen,
Plaintiff,
STIPULATION FOR ENTRY
OF .nmGMENT
vs.
Halla Nursery, Inc., a
Minne.c;ota coq)OrariOll,
Defendant.
STIPULATION, made tIns 10th day of February. 1997. by, between, and among the
CITY OIl' CHANHASSEN, a Minnesota municipal corporation ("City"), and HALLA
NURSERY, INC., a MinIlesota t:orponttion, ("Tenant").
RECITALS
'VHEREAS, Tenant leases the following described property ("Subject Property")
loc.ated at 10,000 Great Plains Boulevard in the City of Chanhassen, Carver County, State of
Minnesota consisting of approximately 12 acres now devoted to retail nursery, garden center,
and contractor's yard and legally described as follows, to-wit:
Lot 10, Block 1, Halla Great Plains Addition, according to the
recorded pIal thereuf, Carver Cuunty, Minnesuta.
The Subject Propcrty is zoncd A-2, Agricultural Estate District.
WHEREAS, in early 1994, Tenant constructed a new retail sales building ("Garden
Center") of approximately 5,000 square feet on the Subject Propeny, and no building permit
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was obtained. Tenant has since used the Garden Center for retail sale ot' goods to the
general public.
WHEREAS, in May 1994, the City inspected the Garden Center. The City Building
Official found that the Garden Center did not comply with the Uniform Building Code
(!lUBe") requirements for a B-2 occupancy.
WHEREAS, on June 1, 1994, the City initiated a civil lawsuit against Tenant seeking
to permanently enjoin Tenant's operation of a retail commercial business from the Garden
Center unless a Building Permit was obtained, the necessary requirements for a B-2
occupancy were satisfied and a certificate of occupancy issued.
WHEREAS, Tenant has ubtained a Building Permit and has complied with the March
20, 1995 Letter of Understanding and completed all requirements for a B-2 occupancy for
the Garden Center, with a fIre alarm monitoring system in lieu of a sprinkler system. The
City must still conduct a final inspection and issue a Certificate of Occupancy, if appropriate.
WHEREAS, on July 15, 1994. Tenant filed an Answer and Coumerc1aim to the
City's Complaint.
WHEREAS, the Tenant and City want to provide for the long tenn land use of the
Subje(.~t Property.
WHEREAS, the City is desirous of exercising its zoning and police powers for the
public good.
WHEREAS, the parties desire to amicably resolve and settle their differences and to
avoid the cost of further litigation.
NOW, THEREFORE, the parties stipulate as follows:
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F.
G.
H.
1.
J.
1. APPROVAL. Except as otherwise provided herein, the Subject Property shall
he !\Ubject to the requirements of the City's Zoning Ordinance, as may be amended from
time to time. Except as allowed by the Zoning Ordinance, no permitted, conditional, or
interim uses are allowed, however, except for the following uses at the locations identified
on the Site Plan, Exhibit "A", un.less the use is approved in advance by the City Council.
A.
B.
C.
D.
E.
Office, Garage, Sales Building
Garden Center
Existing Green Houses
Shade House
Future Green Houses
K. Storage In Bins
L. Peacock Barn
M. Game Barn
N. Bridge
O. Future Storage Bins
or Product on Pallets
P. Parking
Q. Outdoor Display of Materials
R. Storage, Growing amI Outdoor
Display of PJant Materials, or
Temporary Storage of Supplies on
Pallets or Wheels, excluding
trailers longer than 16 feet
S. Pennitted Signage
T. Directional or Safety Signage
(Tl - T1S)
U. Future Pergola
L Y. Landscape Yard
V. Pond Easement Area.
Storage Building
Play Area/Gazebo
Truck/Storage Building
Potting/Storage Building
Pump House
These designated buildings and uses may continue in compliance with this Stipulation unless
such buildings or uses have become a public nuisance as determined by a court of competent
jurisdiction.
2. PLAN APPROVAL. The City hereby approves the Site Plan dated January
27. 1997. prepared by Tenant and attached hereto as Exhibit II A II. The use of the Subject
Property shall be in accordance with Exhibit" A" and ExhibiL liB". If the Site Plan varies
from the written tenus of this Stipulation, the written terms shall control.
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3. GARDEN CENTER. The Garden Center identified as Building B on Exhibit
" A II may not be enlarged beyond its current footprint, nor may a basement or second story
be added, unless approved in advance by the City Council.
A. Ret.all Sales - Dermed. Retail sales means sales to the general public of the
product.c; 1i~ted on the arr.acbed Exhibit "B". (Permitted Products).
B. Retail Sales Prohibited. All retail sales are strictly prohibited, except as
expressly allowed pursuant to this Stipulation and Exhibit I!B".
C. Allowed Retail Sales. The general public may enter and use the Garden
Center, Greenhouses, Sha.de House, Office And the outdoor areas shown ,tS K, 0, Q amI R
for the purpose of viewing. selecting and purchasing Permitted Products. All cash register
checkout activity must take place inside the Garden Center.
D. Expansion of Retail Sales. The buildings and outdoor areas where rer.ail sales
i.rr~ permitted may not be expanded or relocated on the Subject Property, Rxhihj[ "A I! ,
without the prior written approval of the City.
E. Expansion of List of Permitted Products. The list of Permitted Products
may 110t be expanded without the priOt. written consent of Lhe City. Tht:. list of Permitted
Products may not be expanded without the prior written conscnt of thc City I to include
power tools which are not hand held, farm implements, motor vehicles, snow pIo'ws or snow
plow blades, or recreationa.l vehicles or non-handheld equipment of any kind.
F. InspeL1ion. The City may inspect those ponions of the Subject Property and
buildings which are open to the general public, without advance notice to the Tenant, during
the business hours when those portions of the Subject Property and the buildings are open to
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lhe generell public. The City agrees to conduct the inspections in a reasonable marmer, and
without any undue disruption to Tenant's use of the Subject Properly.
4. NURSERY.
A. Nursery Stock and Nursery Equipment - Defmed. Nursery stock means
flowers, shrubs, plants and trees. Nursery equipment means equipment owned or leased by
Tenant used for growing, storage, digging, installation or display of nursery stock.
B. Indoors. The buildings on the Site Plan identified as C. D. E. F, H, 1. L and
M may be used for growing, storage and display of nursery stock, nursery supplies, Garden
Center supplies, and nursery equipment.
C. Outdoors. The outdoor area identified as R may be used only for storage,
growing and outdoor display of plant materials, or supplies on pallets or wheels.
D. Expansion of Nursery. The buildings and outdoor areas where nursery
activities are perulitted may not be expanded or rdocated on the Subject Property, Exhibit
"A" without the prior written approval of the City Council.
5. LAA1])SCAPE YARD.
A. Defined. Landscape Yard means an area or use of land where vehicles,
equipmem and materials commonly uses by nurseries and landscaping contractors are stored
or serviced.
B. Approval. The outdoor areas identified on the Site Plan as L Y = Landscape
Yard may be used for a Landscape Yard.
C. Screening. Tile outdoor areas identified as LYon the Site Plan lIlust be
screened, fenced or landscaped to provide effective screening of all vehicles, materials and
equipment from public streets and any property not leased or owned by Tenant. The
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screening must meet the requirements of City Code Section 20-1180, with the exception that
required screening may be located on adjacent property with the written consent of the owner
of the adjacent property_
D. Buildings. The buildings identified as A, F, H, I and J may be used for
storage of vehicles, equipment and materials used in conjunction with the Landscape Yard.
E. E:\.-p3Dsion of Landscape Yard. The buildings and outdoor areas where
Landscape Yard activities are permitted may not be expanded or relocated without the prior
written approval of the City Council.
6. SIGNAGE.
A. Permitted Signage. The following signs are aJJowed:
1. Existing sign on the roof of the Garden Center_
2. Existing sign at the entrance to the Subject Property from Highway
101, or an updated pylon sign of the same height and square footage.
3. One off premises directional sign may be placed in the southeast
quadrant of the intersection of Highway 101 cmd Pioneer on Lot 2,
Block 1, Halla Great Plains Addition. The sign content shall be as
approved by City Staff in the sign permit. The sign may nOl exceed
eight (8) feet in height and seventy-two (72) square feet in size per sign
face. lne sign may have two sides back-to-back or "Vn shaped. The
sign shall not be liL. Before erecting the sign, a sign permit must be
obtained from the City. The sign must be removed when the lot on
which it is located is sold.
4. Plant identification signs not to exceed two (2) square feet each.
B. Directional/Safety Sig11age. On-site directional and safety signage as shown
on the Site Plan. Additional on-site directional and safety signage may be allowed provided
that it is approved by City Staff.
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C. Prohibited Signage. All signs are striclly prohibited, except as expressly
allowed pursuant to paragraphs 6A and 6B of this Stipulation, or pursuant to a sign pennit
issued by the City.
7. PARKING.
A. Minimum Number of St.alls. The arens identified as P on the Site Plan are at
least the minimum required parking stalls, which shall not be devoted to any other use.
B. Handicapped Parldng and Fire Lanes. The handicapped parking stalls and
fire lanes as shown on the Site Plan mu~t be designated and marked as required by State law
and City ordinances.
8. FENCE/SCREENING/DER1\1ING.
A. Future Fence. Tenant will obtain a fence permit from the City prior to
installing the future fence as shown on the Site Plan.
B. Installation Date. The future fence, screening or benning must be installed
within thirty (30) days after a certificate of occupancy is issued to any residential lot which
abuts the Subject Property. Tenant shall be granted a reasonable extension of this time limit
if necessary d\le to weather 01' gNu1lCl conditions. The screening must meellhe r~quir~menLs
of City Code Section 20-1180, with the exception that required screening may be locatcd on
adjacent property with the written consent of the owner of the adjacent property.
9. PUBLIC ADDRESS SYSTEM. Tenant may retain the existing public
address system, provided that Tenant shall permanently remove and disconnect all speakers
or other sound amplification devices located outside of a building by February 15, 1997.
The public address system or other sound amplification devices shall be operated so that it.
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may not be heard by the human ear at the setback line of any property not leased or owned
by Tenant.
10. ENTRY OF ORDER FOR JUDGMENT AND JUDGMENT. Upon
execution of this Stipulation, the parties agree 10 submit the Order, attached hereto as Exhibit
lie", to the Court. The parties hereby stipulate to entry of said Order by ex-parte motion of
either party.
II. SEVERABILITY. If any portion, section, subsection, sentence, dame,
paragraph, or phrase of this Stipulation is for any reason held invalid, such decision shall not
affect the validity of the remaining portion of this Stipulation.
12. WAIVERS/AMENDMENTS. The 3.crion or. inaction of tbe City shall nClt
constitute a waiver or amendment to the provisions of this Stipulation. To be binding,
amendments or waivers shall be in writing, signed by the parties and approved by written
resolution of the City Council. The City's failure to promptly take legal action to enforce
tltis Stipulation shall not be a waiver or release.
13. RECORDING. This Stipulation shall run wiLh the land and may be recorded
against the title to the Subject Property.
14. NOTICES. Required notices to the Tenant shall be in writing, and shall be
either hand delivered to the Tenant, its manager, or mailed to the Tenant by registered mail
at the following address: 10,000 Great Plains Boulevard, Chaska, MN 55318, with a copy
mailed to Don Halla at 6601 Mohawk Trail, Edina, MN 55439, and to Mark Halla at 770
CreeJ.:wood, Chaska, MN 55318. Notices to the City shall be in writing and addressed to
the City Manager and shall be either hand delivered to the City Manager of the office staff.
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or mailed to the City by registered mail in care of the City Manager at the following address:
Chanhassen City Hall, 690 Coulter Drive, Box 147, Chanhassen, MN 55317.
15. SUCCESSORS MlJ) ASSIGNS. This Stipulation shall be binding upon the
parties, their successors and assigns, and subsequent purchasers of the Subjecl Property.
16. JURISDICTION. The District Court shall reserve and retain jurisdiclion to
enforc.e this Stipulation and issue additional orders as it deems just and proper.
17. EQUAL PROTECTION. The City will not enforce any provision of law
against Ten..1I1t unless it is enforced on all A-2 u.s~rs in accordance with the equal protection
doctrine.
18. PUBLIC L~TEREST. This Stipulation shall be liberally construed to protect
the public's interest.
19. ENFORCEl\1ENT. The prevailing party in any action or proceeding in courl
to enforce or interpret the terms of this Stipulation shall be entitled to receive its reasonable
attorneys. fees and olher re~\sonable costs and expenses from the non-prevailing party.
CITY Ol~' CHANHASSEN
AND
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l4I011
STATE OF MINNESOTA )
( 55.
COUNTY OF CARVER )
A.. I The foregoing iDsl1uIllent was acknowledged before me this ~ <jf1. day of
~ ' 1997, by Nancy K. Mancino and by Don Ashworth, the Mayor and
City Manag~ of the City of Chanhassen, a Minnesota municipal corporation, 011 behalf
of the corporation and pursuant to the authorily granted by its City CounciL
~c--
NotarY Pu lic
@h~ KAAENJ. ENGELHARDT
.J} NOTARY PUBUC - MINNESOTA
CARVER COUNTY
My Oommlulan E~ Jen. 31. 2000
CAMPBELL. KNUTSON. SCOTT
& FUCHS, P.A.
By: {Jht- ~
Elliott B. Kn ch, #168130
Attorneys for Plaintiff
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
(612) 452-5000
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TENANT:
HALLA NURSERY, INC.
AND
BY:
STATE OF MINNESOTA
COUNTY OF DAKoTA
)
) 55.
)
The foregoing instrument was acknuw ledged befure me this 1'fL. day of
Fef3!! {}/j-;2.-Lf , 1997, by DON €. ff41...1.-4 and
,11,4". k D. tf,4 i- L..,,4 , the 'P~€'5 , DeN -r- and
l/ 1&& P.e~ IOEN / uf Halla Nursery. Inc.. a Minnesota corporation, on behalf of
said corporation.
BY:
~~ ~/A'
Mr. Robert J. Bruno, #12415
Attorney for Defendant
107 Burnsville Professional Plaza
1601 East Highway 13
Bumsville, MN 55337
(612) 890-9171
'E~T &/U4J/J
Notary Public ~,'V....
..{~^^"^ RQBEfl." J. BRUNO ~
'5Q' Notary Public r Minnesota >'
~ .~~ ~ Qa~ola County ~
<( .~~.. ,. ~I ' ...
\,..N,>,,~g~~~f~~~~~~~~~~'
DRAFTED BY:
Campl::ell, 1<nutson, Scott & Fuchs, P.A.
1380 Corporate Center Curve, Suite #317
Eagan, Minnesota 55121
Telephone: (612) 452-5000
EBK
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FEE O'M\lER CONSENT
TO
STIPULATION FOR ENTRY OF .RJDGMENT
DONALD E. HALLA and SANDRA J. CWAYNA HALLA, husband and wife, fee
owners of the Subject Property more particularly described in the foregoing Stipulation. do
bereby juin in, affmn. and consent to the provisions thereof and agree to be bound by the
provisions as the same may apply to that portion of the Subject Property owned by them.
D~44
-.....
'7t-;
k-~~%11v
DONALD E. HALLA a/kia IX>n E. Halla
~~.~ ~~J)~
SANDRA J. CW~YNA HA
STATE OF MTNNHSOT A )
( SS.
COUNTY OF -P~"TA )
The foregoing instrument was acknowledged before me this .._jjL day of
F~B(2LiIFe. L, 1997, by DONALD E. HAlLA aud-8:td'IDRA:J:-'eWAYNA HALLA,
husband and wi~ AND SANDRA J. CWAY1:'A HALLA
4;7IMJJfJJ~cfu.- ;&h<-G/. ~~<"-'
NOTARY PUBLIC for Sandra J. NOTARY PUBLIC for Donald E. Halla
~ - / / '- 97 Cwayna Halla ~A^^^N\iV".iV':....
( <J\e..A4\~ .' ROBERT J BRUNO "
1 ~ Notall Public ,Minnesota ~
~ ~;..~ Dakota County ~
~ ~. 'My Commi:l!liOn Expires 1J31(lOG~
~f'I"oNV'iVVV'fVVWVVV'l.r.,
1i.~~_.>>j~.~&,,""~/t/VtA..
.to~rFl~p~~t?~~~~ I
_ HENNEPIN COUNTY
MY comm. EXPires Jan. 31.2000
....-.r.-.-."t.-.~~i"j,. .:-.-..-~.T.-_-J.;-..\;r;.-.-.vn
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EXHIBIT liB" . PERl\UTTED PRODUCTS
PRODUCTS FOR THE INSTAllATION. SALES, CARE, MAIN'I'ENANCE AND
ORNAMENTATION OF PLANTS. LAWNS, ANIMALS AND OTHER LANDSCAPE
FEATURES 1,2,3..
FERTILIZERS 1,:1 PATIO PRODUCTS 1,2
HERBICmES 1 ORNAMENTAL ITEMS I)
FUNGICIDBS I W ATEI\. PRODUCTS 1~
BIRD SUPPLmS 1 BULK SOn..S ~
BIRD FEBDE.RS 1,4 BAGGED MULCHES 1.2
BIRD HOUSBS M BULK MULCHES II
BIRD BAnIS 1.2.4 BAGGED SOIL t,~
\VEED BAlUUER. FABRIC AND PINS 1.2 SITE FURNl111RB 1.2
POWER AND HAND TOOLS 1 CONSULTATIONS 1.2.3
SEEDS 1 GAUGES 1
SPREADERS I TWINE 1
WATERINGEQUIP:MENT I.Z POLY 1
INFORMATIONAL TEXT 1 CLOTH A..l\ID NETTING 1
PONDS 1.2.3.4 l'LA.loJT SUPPORTS 1.'
STATUARY 1.2.3.4 FOUNT AlNS 1,2,'
FENCING 1.2 FISHA1\~WATER PLmS 1.:Va
TRELLISES U.3," STRAWIM:ARSH HAy:a
GAZEBOS 1,1.) LABELS 1
LIGHTING 13 BIRDS 1.2
CHRISTMAS -TREES &. ACCESSORIES 1.2,4 LANDSCAPE DESIGNS :a,i
BULBS 1 LABOR 2.3
CLOTHING I MAINTENANCE ~J
PESTICIDES 1 SNOW PLOWING 2,3
CHIMES 1.2.4 INST ALLA TIONS ~.3
POrrg:a,y 1.2.4 CONSnUCTION 2,3
ANIMAL REPELLENTS 1 RECONSTRUCTION :i,l
SOD % REMOVAL ~ .
WOOD TIES 2 DELIVERY I,':.'
TOOL AND EQUIPMENT RE~"AL 1.2) BOULDBRS ~
SOlL A:M:ENDMBNTS i,:U SAND 2
TREE, SHRUB &. PLANT MATERIAL 1,2).4 EDGING 1,2
INSUllANCBlDAMAGB EVALUATIONS 1~ STRUCTURES 1,1
GIFT CER.l'lFJCATES IJ OUTDOOR LIVING ACCESSOlUES 1.2,3,"
GAMBIFARMANlMALS & SUPPLIES 1,2,4 PLAYGItOm.TOBQtJ1PMBNT 1~2
RBT AINING WALL PRODUCTS :a DRAIN TlLE & ACCESSORIES U
MISCEllANEOUS ITEMS, PLANTS OR. MATERIALS FOR THE AESTHETIC, PRAC.
TICAL,lMPROVEMENT~ OR. USB OF INDOOR 'AND OUTDOOR LIVING SPACES 1,~,4
-----------~..----...--....--.........---....--
1 lndoor sales from the Garden Center
2 Outdoor sale!
.3 Indoor sales from the Office
I. Sales from the Greenhouses identified a5 Buildings C &. E on Exhibit A.
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COUNTY OF CARVER
"FILED
MAR - 6 1997
CARVER COUNTY COURTS
DISTRICT COURT
STATE OF MINNESOTA
FfRST JUDICIAL DISTRICT
CASE TYPE: lO/Other Civil
Conn File No. C8-94-851
City of Chanhassen,
Plaintiff,
YS.
ORDER FOR JUDGMENT
AND JUDGMENT
Halla Nursery, Inc_, a
Minnesota. corporation,
Defendant.
ORDER FOR JUDGMENT
Based upon the Stipulation for Entry of Judgment, and upon all the files, records and
proceedings herein, IT IS HEREBY ORDERED:
1. The City of Chanhassen, Halla Nursery, Inc. and the Subject Property are
each subject to and bound by the terms of the Stipulation for Entry of Judgment, which is
incorporated herein by reference.
2. Defendant Halla Nursery, Inc. is hereby permanently enjoined from using the
Subject Property in violation of the Stipulation for Entry of Judgment. Defendant's violation
of any obligation under the Stipulation will c.onstitute immediate ,and irreparable damage to
the Plaintiff not compensable in money damages and entitles the Plaintiff to preliminary and
pexmanent injunctive and equitable relief to cure the violation upon application to the D~strict
Court.
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JO.
3. Plaintiff's violation of any obligation under the Stipulation will constitute
immediate and irreparable damage to the Defendant not compensable in money damages and
entitles the. Defendant to preliminary and permanent injunctive and equitable relief to cure the
violation upon application to the District Court_
4. Defendant Halla Nursery, Inc. 's Counterclaim is hereby dismissed in iLS
entirety with prejudice.
5_ TIle Court shall reserve and retain jurisdiction to enforce the Stipulation for
Entry of Judgment, and issue additional orders as it deems just and proper.
THERE BEING NO ruST CAUSE FOR DELAY, LET JUDGMENT BE ENTERED
ACCORDlNGL Y, FORTHWITH.
Dated: r~j, '-l , 19~
BY THE COURT:
JUDGl\1ENT
The above 'Order hereby constitutes the Judgment of this Court.
Dated:~~'''4 t ~~~ .
(Court Seal)
Dated: March 6, 1997
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Document No:
~08139
STATE OF MINNESOTA
CARVER COUNTY RECORDER
(Abstract Department)
Filling Fee: L9S0
Check No:
at
:;")4~~;r;;?/fA~
CAMPBELL KNUTSON
Professional Association
Attorneys at Law
Thomas J. Campbcll
Roger N. Knutson
Thomas M. Scott
Elliott B. Knctsch
SlIcsan LeI Pace
(651) 452-5000
Fax (651) 452-5550
* * *
Jt,el J. Jamnik
An,lrca McDowell Poehler
Matthew K. Brokl *
John F. Kclly
~Iatthc\\' J. F\,li
~hrgllcrite M. McCamm
Gc\)rge T. Stcphcns\'11
* .~bO lic~n.'id in \\:'i.';(III1'>111
Writer's Direct Dial: 234-6233
Writer's Fax: 452-5550
August 25, 1998
Mr. Mark Halla
HALLA NURSERIES
10000 Great Plains Boulevard
Chanhassen, MN 55317-8690
Re:
Access Restructure to House
Peacocks
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Dear Mark:
This letter will confirm our telephone conversation of today. You advised me
that you would like to construct a pole barn to house:.peacocks which currently live on
the nursery property. We discussed the following options:
1. Nursery Property. The pole barn is not allowed on the nursery property,
unless the City Council agrees to modify the stipulation regarding the
nursery property.
2. Your Homestead. The pole barn would be permitted ~n your homestead
property in the rear yard. The structure must not occupy more than 30%
of the area of the rear yard, and must meet setbacks. To construct it on
your homestead property, you must file an application with the Building
Department. The application must include a survey of the property
showing the proposed location of the structure and its size. (See City
Code ~ 20-904(b)).
3. Two and a Half Acre Vacant Lot in Great Plains Subdivision. For
parcels with less than three (3) acres in any Agricultural District, no
accessory structure can be constructed prior to the construction of
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Suit.: 31, (> L,':.:,mJ,tll' Office C.:'nkr " 1380 C\1rl'\.1i(UC Centcr Cun.t: C ta'2ml, MN 55121
Mr. Mark Halla
August 25, 1998
Page 2
a principal structure. (See City Code ~ 20-904(c)). I believe this same
rule holds true for parcels in excess of three (3) acres where those
parcels have been platted into residential lots . The intent of the platting
into residential lots is the construction of single family homes as
principal structUres. Therefore, an accessory structure without a
residence would not be permitted.
If you decide to proceed with option 1, you should file an application with the
Planning Department. No Planning Commission hearings would be necessary, and
you could expect to be placed on the second City Council Meeting Agenda after your
completed application is filed with the City.
Please contact me if you have any questions.
Very truly yours,
CAMPBELL KNUTSON
Professional Association
By:
~~
Elliott B. Knet
EBK:jlw
cc: Ms. Kate Annenson
Mr. Steve Kirchman
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