Planning Commission Staff Report 10-19-21Planning Commission Item
October 19, 2021
Item
Consider a Request for an Amendment to Interim Use Permit (IUP) 2021-03 to
Amend the Completion Deadline, Haul Route and Storage Area, Black Cherry
Development, LLC (Erhart)
File No.Planning Case No. 2021-03 Item No: B.2
Agenda Section PUBLIC HEARINGS
Prepared By Bob Generous, Senior Planner
Applicant
Black Cherry Development, LLC Tim and Dawne Erhart
14500 Martin Drive, Ste. 3000 9611 Meadowlark Lane
Eden Prairie, MN 55344 Chanhassen, MN 55317
Present Zoning Agricultural Estate District (A2)
Land Use Residential Low Density
Acerage 112 acres
Density NA
Applicable
Regulations
Chapter 7, Article III, Excavating, Mining, Filling and Grading
Chapter 20, Article IV, Division 5, Interim Use Permits
Chapter 20, Article VI, Wetland Protection
PROPOSED MOTION
The Chanhassen Planning Commission recommends that the City Council approve the amendment to
the Interim Use Permit to allow site grading by extending the completion deadline to July 25, 2022,
and the haul route and stockpile location subject to the Conditions of Approval and adopts the
Findings of Fact and Recommendation.
SUMMARY
The applicant is requesting an amendment to the IUP permitting the removal of organic soils from the
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wetland and the stockpiling of soil on the property to extend the completion date to July 25, 2022, from
January 25, 2021, and to revise the haul route and stockpile site on the properties. The grading plan for
the wetland area has not changed.
BACKGROUND
On January 25, 2021, the Chanhassen City Council approved the Interim Use Permit to allow site
grading for the wetland and a haul route and stockpile area on the southern portion of the properties.
DISCUSSION
See attached staff report.
RECOMMENDATION
Staff recommends that the Planning Commission approve the amended Interim Use Permit to permit a
revised haul route and stockpile area as shown on the plans prepared by Alliant Engineering, Inc., dated
September 27, 2021, subject to the following conditions and adopt the attached Findings of Fact and
Recommendation:
Engineering
1. The Interim Use Permit shall be approved for a period of one (1) year from the date of City
Council approval. The applicant will need to request a formal extension 60 days prior to the
expiration date of the Interim Use Permit.
2. A survey of the proposed stockpile location shall be provided before grading operations and after
grading operations to delineate the total area and volume of material stockpiled in conjunction
with this Interim Use Permit.
3. The applicant and their Engineer shall work with City staff in amending the Grading and Erosion
and Sediment Control Plans dated October 1, 2021, prepared by Mark Rausch, PE with Alliant
Engineering, Inc., in the event that the Erhart Farms grading permit is not approved on
October 25, 2021.
4. The applicant shall supply an additional cash escrow or letter of credit in the amount of
13,500.00 prior to grading operations.
5. Permitted hours of operation will be 7:00 a.m. to 6:00 p.m., Monday through Friday, and 9:00
a.m. to 5:00 p.m. on Saturday with no work permitted on Sunday or public holidays.
6. All erosion and sediment control BMPs shall be installed prior to the initiation of any site
grading. Inspection and approval by the City of the installed erosion and sediment control
measures must be had prior to grading operations.
7. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, as
necessary, i.e. Riley Purgatory Bluff Creek Watershed District, Carver County, Minnesota
Pollution Control Agency, Minnesota Department of Natural Resources, Army Corps of
Engineers, etc. and comply with their conditions of approval. No vegetation within the upland or
wetland buffer areas of the city property shall be removed.
Environmental Resources
1. No vegetation within the upland or wetland buffer areas of the City property shall be removed.
2. No access to the project site shall be allowed through City property.
3. The applicant is required to submit a restoration plan that includes the replacement of trees within
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the buffer area and the haul route for the original haul route. The quantity shall be determined to
match the existing density occurring in the forest outside of the construction limits.
4. Soil compaction tests shall be taken and levels documented post construction for the original haul
route. If soil bulk density exceeds limits to plant growth (1.0g/cc), then appropriate restoration
methods shall be employed such as aeration as directed by the City.
Water Resources
1. The applicant must limit all grading to the wetland boundary. No grading or vegetation removal is
allowed beyond the wetland into the upland.
2. The wetland boundary must be completely flagged and walked with the City’s Water Resources
Coordinator before any construction activities can begin.
3. Erosion and sediment control measures must be adequately in place before construction begins.
4. No grading is permitted in the Type 3 portion of Wetland 2 (see plans for further details). Area of
non-disturbance must be flagged prior to construction and approved by the City’s Water
Resources Coordinator.
5. The applicant shall apply for and obtain permits through the Riley Purgatory Bluff Creek Overlay
District, including dredging, floodplain.
ATTACHMENTS
Staff Report
Findings of Fact and Recommendation
Extension Request
Grading Plan/Wetland Alteration Update
Affidavit of Mailing
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CITY OF CHANHASSEN
PC DATE: October 19, 2021
CC DATE: October 25, 2021
REVIEW DEADLINE:November 16, 2021
CASE #: 2021-03
BY: RG, EH, JS, MU
SUMMARY OF REQUEST: The developer is requesting an amendment to the Interim Use
Permit (IUP) for excavation of the existing wetland along with excavated borrow being placed on a
location within the parcel.
LOCATION:Outlot A, Butternut Ridge Addition, (PID 25.1550022) and Outlot E, Foxwood
PID 25.2990510, city-owned) and 9197 Eagle Ridge Road (PID 25.0240811)
APPLICANT:Black Cherry Development, LLC Tim and Dawne Erhart
14500 Martin Drive, Ste.3000 9611 Meadowlark Lane
Eden Prairie, MN 55344 Chanhassen, MN 55317
terhart@riekor.com
PRESENT ZONING: Agricultural Estate District (A2)
PROPOSED MOTION:
The Chanhassen Planning Commission recommends that City Council approve an amendment to
the Interim Use Permit to allow site grading by extending the completion deadline to July 25,
2022, and the haul route and stockpile location subject to the Conditions of Approval and adopts
the Findings of Fact and Recommendation.”
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Planning Commission
Amendment to IUP – Planning Case 2021-03
October 19, 2021
Page 2 of 10
2020 LAND USE PLAN: Residential Low Density
ACREAGE:Approximately 112 acres
DENSITY:NA
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The City has limited discretion in approving or denying IUPs, based on whether or not the
proposal meets the standards outlined in the Zoning Ordinance and excavating, mining, filling
and grading regulations. If the City finds that all the applicable standards are met, the Permit
must be approved. This is a quasi-judicial decision.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSAL/SUMMARY
The applicant is requesting an amendment to the IUP permitting the removal of organic soils
from the wetland and the stockpiling of soil on the property to extend the completion date to
July 25, 2022, from January 25, 2021, and to revise the haul route and stockpile site on the
properties. The grading plan for the wetland area has not changed. Since there is no net loss of
wetland, City Code does not require a Wetland Alteration Permit.
APPLICABLE REGULATIONS
Chapter 7, Article III, Excavating, Mining, Filling and Grading
Chapter 20, Article IV, Division 5, Interim Use Permits
Chapter 20, Article VI, Wetland Protection
BACKGROUND
On January 25, 2021, the Chanhassen City Council approved the IUP to allow site grading for the
wetland and a haul route and stockpile area on the southern portion of the property.
On August 9, 2021, the Chanhassen City Council approved:
a. The ordinance rezoning the development from Agricultural Estate District (A2) to Single-
Family Residential District (RSF) (Blocks 1 and 2);
b. Preliminary plat with variances
ANALYSIS
This project started last winter and the sudden warm up forced the applicant to stop work with it
only half completed. They intend to complete the work during this winter's frozen season.
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Planning Commission
Amendment to IUP – Planning Case 2021-03
October 19, 2021
Page 3 of 10
The IUP expires January 25, 2022. The applicant needs another month to assure completion and
then some time in spring to get everything re-established. They are simultaneously working on a
grading permit for the Erhart Farm property, but the wetland excavation work is separate from
the development grading proposed.
The applicant requested a six-month extension of the IUP to July 25, 2022. Staff is
recommending a one-year extension until October 25, 2022.
Revised Haul Route and Stockpile Area
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Planning Commission
Amendment to IUP – Planning Case 2021-03
October 19, 2021
Page 4 of 10
Erosion and Sediment Control
The Engineering Department has reviewed the Amendment to the IUP submittal for extending
the completion deadline, amending the haul route, and amending the wetland spoil stockpile area
associated with IUP #2021-03. These comments are divided into two categories: General
Comments and Proposed Conditions. General Comments are informational points to guide the
applicant in the proper planning of grading and erosion control requirements for this project, to
inform the applicant of possible extraordinary issues and/or to provide the basis for findings.
Proposed Conditions are requirements that Engineering recommends be formally imposed on the
applicant in the final decision. Note that references to the “City Standards” herein refer to the
City of Chanhassen Standard Specifications and Detail Plates.
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Planning Commission
Amendment to IUP – Planning Case 2021-03
October 19, 2021
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General Comments/Findings
1. Any and all grading, erosion control, utility and transportation plans submitted with this
application have been reviewed only for the purpose of determining the feasibility of the
project in accordance with City Standards. A recommendation of IUP approval does not
constitute final approval of details, including but not limited to alignments, materials and
points of access, connection or discharge, that are depicted or suggested in the application.
The City of Chanhassen Engineering and Public Works Departments will review plans, in
detail, when they are submitted and approved, rejected or require modifications to the plans
or drawings based upon conformance with City Standards, the Chanhassen Code of
Ordinances and the professional engineering judgment of the City Engineer.
2. It is the opinion of the Engineering Department that the proposed IUP amendment
application can be developed in accordance with the requirements of the Chanhassen Code of
Ordinances (as it pertains to Engineering and Public Works requirements) and City
Standards, provided it fully addresses the comments and conditions contained herein, and can
be approved.
3. The applicant proposed to excavate approximately 21,200 cubic yards of material from an
existing wetland along with placing the excavated wetland spoils on a portion of parcel
25155022 (the applicant’s 114.54 acre property) with the originally approved IUP (IUP
2021-03) dated January 26, 2021. The proposed request was to complete the excavation of
an existing wetland (Wetland 2) during winter months of 2020/2021 to create a basin for a
permanent water storage area along with the enhancement of the visual aesthetic of the
existing wetland. The plans provided proposed no net increase or decrease in the size or
footprint of the wetland. However, due to weather conditions the work was not completed as
dredging of the wetland required frozen ground conditions. As such the applicant is
proposing an extension to IUP #2021-03, until July 25, 2022. See proposed Condition 1.
4. The property is currently in the process of a formal subdivision review (Erhart Farms), and
plans associated with Erhart Farms will require that the current wetland spoil stockpile area
be relocated to a different area of the property owner’s parcel. The need of relocating the
stockpile, along with other plan recommendations as the property was eventually intended to
develop, were addressed by staff in the review of the original IUP submittal. The previous
review by staff, dated December 18, 2020, commented:
Based on several pre-application meetings had regarding possible future development of parcel
25155022, staff has concerns regarding the location of the wetland spoils stockpile and haul
route. While the haul route is feasible, it is recommended that the alignment and location be
reconsidered in conjunction with the future build-out of the area (future wetland buffers,
potential rear yard areas, future street connections, etc.). Ultimately, the proposed haul route is
adjacent to wetlands and preventative measures to assure minimal compaction should be
pursued to promote the long-term health of the surrounding natural environment (i.e. a
restoration plan, preventative compaction measures such as ground protection mats over wood
mulch, etc.). Additionally, while the location of the wetland spoil stockpile is ultimately the
purview of the applicant, it currently is being placed within the path of a potential public road
extension. As wetland soils, or hydric soils, are anticipated to be the predominately excavated
material and are typically high in organic materials, they do not lend themselves to suitable road
subgrades. It is the understanding of staff that the location of the wetland spoil stockpile is
temporary, and as such, the proposed stockpile area will need to be surveyed before and after
placement to delineate the boundary of material placed. This will ensure that once the material
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Planning Commission
Amendment to IUP – Planning Case 2021-03
October 19, 2021
Page 6 of 10
is relocated it will not serve as subgrade to future road extensions within the parcel. See
proposed condition 4.”
Condition 4 was to provide a survey of the proposed stockpile location before and after
grading operations in order to delineate the total area and volume of wetland spoils
stockpiled. This would have assured that the location of the wetland spoils was documented
and all wetland spoils not suitable for engineering fill could be removed and/or relocated in
conjunction with the future development. The applicant will be submitting another set of
plans in pursuit of a mass grading permit for the Erhart Farms subdivision currently under
review which will require that the current stockpile location be relocated. However, the same
condition will be required of the newly relocated stockpile area as the newly proposed
location is again within the proximity of a potential future road and other possible public
improvements. See proposed Condition 2.
5. The applicant has provided updated erosion control plans (ESCP) in general conformance
with Sec. 19-145 as required by City Ordinance. While the ESCP incorporates areas outside
the limits of the proposed grading and haul route associated with the IUP amendment, it is
understood that the applicant will be supplying the City with updated grading plans
associated with mass grading of the Erhart Farms subdivision currently under review with the
intent of both grading permits being issued simultaneously (October 25, 2021 City Council
meeting). Thus, the ultimate ESCP illustrated on the plan set dated October 1, 2021 would
adequately account for grading on the entire site (both for the IUP amendment and the Erhart
Farms subdivision’s mass grading). However, if the grading permit associated with the Erhart
Farms subdivision is not approved, the applicant will be required to amend the grading,
ESCP and restoration plans to only account for areas associated with the grading operations
necessary for IUP #2021-03. See proposed Condition 3.
6. The original erosion control plans provided with IUP #2021-03 dated December 4, 2020 had
an estimated of 3.669± acres of disturbance associated with the proposed grading activities.
To guarantee compliance with the original plans and related remedial work, a cash escrow
was furnished to the City. In accordance with sec. 19-145.(d), the security was calculated
based on the allowable, per parcel, amount of $7,500.00 per acre. Based on the disturbed
area, this equated to $27,517.50. The updated plans will have a total of approximately 5.5
acres of disturbance, or an approximate difference of 1.8 acres. This equates to an additional
cash escrow of $13,500.00 to guarantee compliance with the additional disturbance
associated with the updated plans. See proposed Condition 4.
7. The proposed wetland where excavation is to occur is adjacent to single-family homes, thus
staff recommends permitted hours of operation to be in accordance with Sec. 13-52.(c)
particular to “Construction activities in conjunction with new developments…”. See
proposed Condition 5.
8. As the extents of the project have increased due to the relocation of the wetland spoils
stockpile and the construction of a new haul route to access the stockpile location, the
applicant must ensure all newly proposed erosion control measures are installed prior to
grading operations recommencing. See proposed Condition 6.
9. The proposed development will exceed one (1) acre of disturbance and will, therefore, be
subject to the Minnesota Pollution Control Agency’s (MPCA) General Permit Authorization
to Discharge Stormwater Associated with Construction Activity Under the National Pollution
Discharge Elimination/State Disposal System (NPDES Construction Permit). Along with the
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Planning Commission
Amendment to IUP – Planning Case 2021-03
October 19, 2021
Page 7 of 10
MPCA’s NPDES Construction Permit, other jurisdictional authorities’ rules may be triggered
requiring additional permitting. See proposed Condition 7.
10. It is recommended that as the nature of the updated wetland dredging plans have not
significantly altered from the previously approved plans, that all previous conditions
associated with Environmental Resources and Water Resources reviews remain with the
amended IUP.
WETLAND
On November 19, 2020, the applicant submitted a No-Loss Application for wetland excavation
through the Wetland Conservation Act (WCA) process. A Notice of Application was sent to the
TEP on November 24, 2020. The proposed wetland excavation was discussed during a Technical
Evaluation Panel (TEP) meeting on December 8, 2020. Based on the information provided, the
proposed activity appears to be unregulated based upon WCA 8420.0105 Scope. Subpart 1.,
which states the following:
Scope; generally. Wetlands must not be impacted unless replaced by restoring or creating
wetland areas of at least equal public value. This chapter regulates the draining or filling of
wetlands, wholly or partially, and excavation in the permanently and semi-permanently flooded
areas of Type 3, 4 or 5 wetlands, and in all wetland types if the excavation results in filling,
draining, or conversion to nonwetlands.”
Because the applicant is proposing only excavation in Type 1/2/6 wetlands on the property, and
that the excavation will not exceed a depth of 6.5 feet, this activity is not regulated by the WCA.
This means that this project is not anticipated to result in a net loss of wetland function or value,
and as such, no wetland replacement or mitigation is necessary. The Notice of Decision with this
determination was sent on December 22, 2020.
Section 20-417. – Exemptions and no loss determinations. of the City Code states: “Activities
exempted by Minnesota Rules Chapter 8420.0122 or determined to result in no net loss of
wetlands shall be exempted from the provisions of this article. However, certificates of
exemption or no loss must be obtained from the city prior to starting work.” This means that
activities that result in no net loss of wetlands are exempt from the City’s Wetland Protection
Article and thus exempt from the Wetland Alteration Permit process. This project qualifies for
this exemption. This section of the City Code also states the following: “A person conducting an
activity in a wetland under an exemption shall ensure that:
1. Appropriate erosion and sediment control measures are taken to prevent sediment
discharges from the site;
2. The activity does not block fish activity; and
3. The activity is conducted in compliance with all other applicable federal, state, and local
requirements, including best management practices as listed in Minnesota Rules Chapter
8420.0112, and water resource protection requirements established under M.S. § 103H.
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Planning Commission
Amendment to IUP –Planning Case 2021-03
October 19, 2021
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Numbers 1 and 3 listed above are listed under the Water Resources conditions below. Number 2
listed above is not anticipated to apply to this project as the current wetland is not fish habitat
and no proposed activities are anticipated to block fish activity.
Wetland Alteration Area
LANDSCAPING AND TREE PRESERVATION
The applicant has provided plans including a tree inventory with grading limits. The proposed
amended project utilizes property that will be included in future development and therefore
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Planning Commission
Amendment to IUP – Planning Case 2021-03
October 19, 2021
Page 9 of 10
causes no further degradation to the existing forested areas of the property, provided that the haul
route and stockpile locations do not deviate from the proposed plans.
RECOMMENDATION
Staff recommends that the Planning Commission approve the amended Interim Use Permit to
permit as shown on the plans prepared by Alliant Engineering, Inc., dated September 27, 2021,
subject to the following Conditions and adopt the attached Findings of Fact and
Recommendation:
Engineering
1. The Interim Use Permit shall be approved for a period of one (1) year from the date of
City Council approval. The applicant will need to request a formal extension 60 days
prior to the expiration date of the Interim Use Permit.
2. A survey of the proposed stockpile location shall be provided before grading operations
and after grading operations to delineate the total area and volume of material stockpiled
in conjunction with this Interim Use Permit.
3. The applicant and their engineer shall work with City staff in amending the Grading and
Erosion and Sediment Control Plans dated October 1, 2021, prepared by Mark Rausch,
PE with Alliant Engineering, Inc. in the event that the Erhart Farms grading permit is not
approved on October 25, 2021.
4. The applicant shall supply an additional cash escrow or letter of credit in the amount of
13,500.00 prior to grading operations.
5. Permitted hours of operation will be 7:00 a.m. to 6:00 p.m., Monday through Friday, and
9:00 a.m. to 5:00 p.m. on Saturday with no work permitted on Sunday or public holidays.
6. All erosion and sediment control BMPs shall be installed prior to the initiation of any site
grading. Inspection and approval by the City of the installed erosion and sediment
control measures must be had prior to grading operations.
7. The applicant shall apply for and obtain permits from the appropriate regulatory agencies,
as necessary, i.e. Riley Purgatory Bluff Creek Watershed District, Carver County,
Minnesota Pollution Control Agency, Minnesota Department of Natural Resources,
Army Corps of Engineers, etc. and comply with their conditions of approval.
Environmental Resources
1. No vegetation within the upland or wetland buffer areas of the City property shall be
removed.
2. No access to the project site shall be allowed through City property.
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Planning Commission
Amendment to IUP – Planning Case 2021-03
October 19, 2021
Page 10 of 10
3. The applicant is required to submit a restoration plan that includes the replacement of
trees within the buffer area and the haul route for the original haul route. The quantity
shall be determined to match the existing density occurring in the forest outside of the
construction limits.
4. Soil compaction tests shall be taken and levels documented post construction for the
original haul route. If soil bulk density exceeds limits to plant growth (1.0g/cc), then
appropriate restoration methods shall be employed such as aeration as directed by the
City.
Water Resources
1. The applicant must limit all grading to the wetland boundary. No grading or vegetation
removal is allowed beyond the wetland into the upland.
2. The wetland boundary must be completely flagged and walked with the City’s Water
Resources Coordinator before any construction activities can begin.
3. Erosion and sediment control measures must be adequately in place before construction
begins.
4. No grading is permitted in the Type 3 portion of Wetland 2 (see plans for further details).
Area of non-disturbance must be flagged prior to construction and approved by the City’s
Water Resources Coordinator.
5. The applicant shall apply for and obtain permits through the Riley Purgatory Bluff Creek
Overlay District, including dredging, floodplain.
ATTACHMENTS
1. Findings of Fact and Recommendation
2. Extension Request
3. Grading Plan/Wetland Alteration Update
4. Public Hearing Notice and Mailing List
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1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Black Cherry Development LLC for an amendment to an Interim Use Permit for
excavation of existing wetland along with excavated borrow being placed on a location within
the parcel.
On October 19, 2021, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application of Black Cherry Development LLC for an
amendment to the Interim Use Permit for the property located at Outlot A, Butternut Ridge
Addition, (PID 25.1550022) and Outlot E, Foxwood (PID 25.2990510, city-owned) and 9197
Eagle Ridge Road (PID 25.0240811). The Planning Commission conducted a public hearing on
the proposed interim and was preceded by published and mailed notice. The Planning
Commission heard testimony from all interested persons wishing to speak and now makes the
following:
FINDINGS OF FACT
1.The property is currently zoned Agricultural Estate District (A2).
2.The property is guided by the Land Use Plan for Residential Low Density use.
3.The legal description of the property is: Outlot A, Butternut Ridge Addition and Outlot
E, Foxwood Addition.
4.Section 20-232:
a. The proposed use will not be detrimental to or enhance the public health, safety,
comfort, convenience or general welfare of the neighborhood or the city. The
proposed grading will enhance the aesthetics of the area.
b. The proposed use will be consistent with the objectives of the City's Comprehensive
Plan and the zoning ordinance by preserving and enhancing the wetland function and
value.
c. The proposed use will be designed, constructed, operated and maintained so to be
compatible in appearance with the existing or intended character of the general
vicinity and will not change the essential character of that area. The proposed pond
will enhance the appearance of the area.
d. The proposed use will not be hazardous or disturbing to existing or planned
neighboring uses. The proposed use will enhance the planned neighboring uses.
42
2
e. The proposed use will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water
and sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of the
proposed use.
f. The proposed use will not create excessive requirements for public facilities and
services and will not be detrimental to the economic welfare of the community. The
storage capacity of the wetland will improve stormwater management for the area.
g. The proposed use will not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare because of excessive production of traffic, noise, smoke, fumes,
glare, odors, rodents, or trash.
h. The proposed use will have vehicular approaches to the property which do not create
traffic congestion or interfere with traffic or surrounding public thoroughfares.
i. The proposed use will not result in the destruction, loss or damage of solar access,
natural, scenic or historic features of major significance.
j. The proposed use will be aesthetically compatible with the area.
k. The proposed use will not depreciate surrounding property values.
l. The proposed use meets standards prescribed for certain uses as provided in Chapter
20, Article IV of the City Code.
5.The Planning Commission shall recommend an Interim Use Permit and the City Council
shall issue an Interim Use Permit only if it finds, based on the proposed location, that:
a. The use meets the standards of a Conditional Use Permit set forth in Section 20-
232 of the City Code.
b. The use conforms to the zoning regulations.
c. The use is allowed as an interim use in the zoning district.
d. The date or event that will terminate the use can be identified with certainty upon
completion of the grading and restoration.
e. The use will not impose additional costs on the public if it is necessary for the
public to take the property in the future.
f. The user agrees to any conditions that the City Council deems appropriate for
permission of the use.
6.The planning report #2021-03 dated October 19, 2021, prepared by Robert Generous, et
al, is incorporated herein.
43
3
RECOMMENDATION
The Planning Commission recommends that the City Council approve the amended
Interim Use Permit to permit the excavation of the wetland and storage of soil on the property in
anticipation of the eventual development of the site subject to the conditions of the staff report.
ADOPTED by the Chanhassen Planning Commission this 19th day of October, 2021.
CHANHASSEN PLANNING COMMISSION
BY: _
Steven Weick, Chairman
g:\plan\2021 planning cases\21-03 erhart iup\amendment to iup 10-19-21\findings of fact amended iup.docx
44
From:Dan Blake
To:Generous, Bob
Cc:Tim Erhart; Mark Rausch
Subject:IUP 2021-03
Date:Thursday, September 16, 2021 10:38:55 AM
CAUTION: This email originated from outside of the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Bob -
As you are aware this project started last winter and the sudden warm up forced us to stop
work with only half completed. We intend to complete the work during this winter's
frozen season.
The IUP expires January 25, 2022. I think we need another month to assure completion and
then some time in spring to get everything re-established. We are simultaneously working on
a grading permit for the Erhart Fram property, but the wetland excavation work is fairly
separate from the development grading proposed.
We hereby request a 6 month extension of the IUP to July 25, 2022.
Thank you,
Dan Blake
The Pemtom Land Company
612.282.5482
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CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
ss
COUNTYOFCARVER )
I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on
October 7,2021, the duly qualified and acting City Clerk ofthe City of Chanhassen, Minnesota;
that on said date she caused to be mailed a copy of the attached notice of Public Hearing to
consider a request for an amendment to Interim Use Permit (IUP) 2021-03 to amend the
completion deadline, and haul route and storage area. Znned Agricultural Estate (A2).
Applicant: Btack Cherry Development LLC. Ptanning Case No. 2021-03 to the persons
named on attached Exhibit "A", by enclosing a copy ofsaid notice in an envelope addressed to
such owner, and depositing the envelopes addressed to all such owners in the United States mail
with postage fully prepaid thereon; that the names and addresses of such owners were those
appearing as such by the records ofthe County Treasurer, Carver County, Minnesota, and by
other appropriate records. \
Kim City
Subscribed and
thisTh davo f
swom to before me
bL/-
lerk
JEAITIMf{tuy
Notary Public
2021
lt Oor .adr ft,b!t,@1
55
DbclalnEr
This map is neither a legally recorded map nor a survey and is not intended to be used
as one. This map is a @mprlaton oI records, iniormation and data located in vadous city.
county, state and federalofices and olhe{ sources regEtding the area sho*n and as to
be us€d br reierence purposes only. The City does not warant that the Geographic
lnbrmaton System (GlS) Data used to prepare this map are enor free and lhe City does
nol represent that lhe Gls Data cen be used lor navi{latonal, lrackang or any other
purpd;e requinng exactng measurement of distance or directon or preosaon in the
depaclton of geographic fuatures. The Preceding disclaimer is provaded pu6uant lo
Minnesota Statdes S,t66.03, SuM 21 (2000), and the user of this map acknowiedoes
that the cfty shall not be liable fo. any damages, and e)Qressly vraaves all claims, and
agrees to deiend, indemnfy, and hold harmless the Ciy f.om any and all claims bought
by User, its employees or agents, or third parties which arise out of the use/s access or
use of data Provided.
Next Record )r(TAX_NAill E)D
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Disclaimer
This map is neither a legally recorded map nor a survey and is nol intended to be used
as one. This map is a @mpilaton of records, intormation and data loceled in various cit,
county, state and lederal offces and olhel sources regarding lhe area shown, and is to
be used for reference purposes only. The City does nol wanant thal the Geographic
lniormatjon System (GlS) Oata used to prepare this map are eror free. and the City does
not represent that the GIS Data can be used for navigational, tracking or any other
purpose requiring exacting measurement of distance ol dircclion or precision in the
depiction of geographic features. The preceding discleimer is provided puBuant to
Minnesota Statutes 5466.03, Subd. 21 (2000), and the user of lhis map acknowtedges
that the City shall not be liable for any damages, and e)Qressly waives all claims. and
agrees to defend. indemnify, and hold harmless the City trom any and all claims brought
by User, its employees or agents, or third partaes which arise out of the useis acce$ or
use of data provided.
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