The URL can be used to link to this page

CAS-13_CONDITIONAL USE PERMIT REVOCATIONSThe contents of this file have been scanned. Do not add anything to it unless it has been scanned. CAMPBELL KNUTSON Professional Association August 4, 2014 Mr. Steve Lenz City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 Re: Recorded Documents Dear Mr. Lenz: Enclosed herewith for your files are the following recorded documents: 63 -as c0P /q-13 1. Resolution 2014-33 "A Resolution Revoking Conditional Use Permit 92003-08 Allowing a Food Processing Facility" dated May 27, 2014 and recorded June 18, 2014 as Carver County Torrens Document No. T192461; and 2. Encroachment Agreement with Paul and Lisa Remus dated May 14, 2014 and recorded June 18, 2014 as Carver County Torrens Document No. T192462. If you have any questions regarding the above, please give me a call. Very truly yours, CAMPBELL KNUTSON Professional Association Jean M. Olson, Legal Assistant /jmo Enclosures CITY OF CHANNAB EN RECE 1;EL AUG q r mi.. EN"EERNO DEPT. 177552vi SCANNED STATE OF MINNESOTA ss COUNTY OF CARVER Document No. OFFICE OF THE REGISTRAR OF TITLES T 192461 CARVER COUNTY, MINNESOTA Receipt # Certified Recorded on June 18, 2014 2:05 PM 192461 61 Cert # 31796 Fee $46.00 Mark Lundren f 11111111111111111 Registrar oTdles CERTIFICATION I, Karen J. Engelhardt, duly appointed and acting City Clerk for the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of Resolution 2014-33 "A Resolution Revoking Conditional Use Permit #2003-08 Allowing a Food Processing Facility" adopted by the Chanhassen City Council on May 27, 2014, with the original copy now on file in my office and have found the same to be a true and correct copy thereof Witness my hand and official seal at Chanhassen, Minnesota, this 10th day of June, 2014. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: May 27, 2014 RESOLUTION NO: 2014-33 MOTION BY: Ernst SECONDED BY: McDonald RESOLUTION REVOKING CONDITIONAL USE PERMIT #2003-08 ALLOWING A FOOD PROCESSING FACILITY WHEREAS, Conditional Use Permit #2003-08 allowing a food processing facility was approved for the property on December 8, 2003. WHEREAS, Conditional Use Permit #2003-08 was recorded in the Office of the Registrar of Titles in Carver County, Minnesota, as Document No. T145034 on March 24, 2004. WHEREAS, the legal description of the property is: Lot 1, Block 1, Chanhassen Lakes Business Park 8' Addition. WHEREAS, the property has not been used for a food processing facility within the past six (6) months, making the conditional use void per Section 20-236 of the Chanhassen City Code. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby revokes Conditional Use Permit #2003-08 for a food processing facility. Passed and adopted by the Chanhassen City Council this 271° day of May, 2014. ATTE --h - 't� — T Gerhardt, City Manager YES Furlong Ernst Laufenburger McDonald Tjomhom Kul Thomas A. Furlong, Mayor ABSENT CITY OF CHANHA SEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OARANSMITTAL DATE JOB NO. 6/11/14 2014 13 ATTENTION Carole Hoeft RE: Document Recording ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 5/27/14 14-33 Certified Resolution No. 2014-33 approving revocation of Conditional Use Permit 2003-08 ❑ FOR BIDS DUE THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections M For Recording ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO: Drew Ingvalson, Planning Intern SIGNE t g4aaAu Kim 19reuwissen, (952) 27-1107 SCANNED If enclosures are not as noted, kindly notify us at once. 0 CERTIFICATION STATE OF MINNESOTA ) ) ss COUNTY OF CARVER ) 0 I, Karen J. Engelhardt, duly appointed and acting City Clerk for the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of Resolution 2014-33 "A Resolution Revoking Conditional Use Permit #2003-08 Allowing a Food Processing Facility" adopted by the Chanhassen City Council on May 27, 2014, with the original copy now on file in my office and have found the same to be a true and correct copy thereof. Witness my hand and official seal at Chanhassen, Minnesota, this 10th day of June, 2014. �, - m ..ri.s.._.�. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: May 27, 2014 RESOLUTION NO: 2014-33 MOTION BY: Ernst SECONDED BY: McDonald RESOLUTION REVOKING CONDITIONAL USE PERMIT #2003-08 ALLOWING A FOOD PROCESSING FACILITY WHEREAS, Conditional Use Permit #2003-08 allowing a food processing facility was approved for the property on December 8, 2003. WHEREAS, Conditional Use Permit #2003-08 was recorded in the Office of the Registrar of Titles in Carver County, Minnesota, as Document No. T145034 on March 24, 2004. WHEREAS, the legal description of the property is: Lot 1, Block 1, Chanhassen Lakes Business Park P Addition. WHEREAS, the property has not been used for a food processing facility within the past six (6) months, making the conditional use void per Section 20-236 of the Chanhassen City Code. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby revokes Conditional Use Permit #2003-08 for a food processing facility. Passed and adopted by the Chanhassen City Council this 27'b day of May, 2014. ATTE : jToGerhardt, City Manager YES Furlong Ernst Laufenburger McDonald Tjomhom NO 117 Thomas A. Furlong, Mayor ABSENT CITY OF CHONSEN 7700 Market Boulevard June 3, 2014 PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 HFC Real Estate Co. LLC Fax: 952.227.1110 5201 Dominick Drive Building Inspections Hopkins, MN 55343 Phone: 952.227.1180 Fax: 952.227.1190 Re: Conditional Use Permit #03-08, Bakery Engineering Dear HFC Real Estate Co. LLC: Phone: 952.2271160 Fax: 952.227.1170 This letter is to confirm that on May 27, 2014, the Chanhassen City Council revoked Finance the Conditional Use Permit #03-08 for a Bakery at 8170 Mallory Court. Phone: 952.227.1140 Fax: 952.2271110 If you have any questions or need additional information, please contact me at (952) 227-1132 or dingvalson@ci.chanhassen.mn.us. Park b Recreation Phone: 952.227.1120 Fax: 952.2271110 Sincerely, Recreation Center / J 2310 Coulter Boulevard .•• 111/// Phone: 952.227.1400 Thew Ingvalson Fax: 952.227.1404 Planning Intem Planning d Natural Resources ec: Kate Aanenson, Community Development Director Phone: 952.227.1130 Fax: 952.227.1110 \\cfs5\cfs5\shared_data\plan\2014 planning mm\2014-13 revocation of conditional use pamits\cup#03-08 revocation leaer.doc Public Works 7901 Park Place Phone: 952.2271300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us Chanhassen is a Community for Lite - Providing for Today and Planning for Tomorrow SCANNED CITY OF CAMSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone. 952.227.1120 Fax: 952.227.1110 0 June 3, 2014 Marlene M. Bentz 8596 Powers Place Chanhassen, MN 55317 Re: Conditional Use Permit #84-20, Contractor's Yard Dear Mrs. Bentz: 0 This letter is to confirm that on May 27, 2014, the Chanhassen City Council revoked the Conditional Use Permit #84-20 for a Contractor's Yard at 7300 Galpin Boulevard. If you have any questions or need additional information, please contact me at (952) 227-1132 or dingvalson@ci.chanhassen.mn.us. Sincerely, Recreation Center ////� 2310 Coulter Boulevard �T � 6A49&,— Phone: 952.227.1400 Drew Ingvalson Fax: 952.227.1404 Planning Intern Planning & Natural Resources ec: Kate Aanenson, Community Development Director Phone: 952.227.1130 Fax: 952.227.1110 \kcW\c s5\shared_data 1an\2014 lannin ceses�2014-13 revocation of conditional use lP P 6 permitkup#84-20 revocation letter.dac Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.2271310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www uchanhassen.mn.us Chanhassen is a Community for Lite - Providing for Today and Planning for Tomorrow SCANNED 1* 0 0 CITY OF WNIMSEN 7700 Market Boulevard June 3, 2014 PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Kum Gaboury Trust Fax: 952.2271110 �' 1905 Stoughton Avenue Building Inspections Chaska, MN 55318 Phone: 952.227.1180 Fax: 952.227.1190 Re: Conditional Use Permit #97-05, Antenna Tower Engineering Dear Kimi Gaboury Trust: Phone: 952.227.1160 Fax: 952.227.1170 This letter is to confirm that on May 27, 2014, the Chanhassen City Council revoked Haance the Conditional Use Permit #97-05 for an Antenna Tower at 1905 Stoughton Avenue. Phone: 952.227.1140 Fax: 952.227.1110 If you have any questions or need additional information, please contact me at (952) Parr 3 Recreation 227-1132 or dingvalson@ci.chanhassen.mn.us. Phone: 952.227.1120 Fax: 952.227.1110 Sincerely, Recreation Canter 2310 Coulter Boulevard Phone: 952.227.1400 Thew Ingvalso Fax: 952.2271404 Planning Intern Planning 8 Natural Resources ec: Kate Aanenson, Community Development Director Phone: 952.227.1130 Fax: 952.227.1110 \\cfWcfs5\shared_4ta Ian�2014 tannin cases�2014-13 revocation of conditional use �P P 6 pennitsbupp97-05 invocation Ietter.doc Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow SCANNED 9 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: May 27, 2014 RESOLUTION NO: 2014-33 MOTION BY: Ernst SECONDED BY: McDonald RESOLUTION REVOKING CONDITIONAL USE PERMIT #2003-08 ALLOWING A FOOD PROCESSING FACILITY WHEREAS, Conditional Use Permit #2003-08 allowing a food processing facility was approved for the property on December 8, 2003. WHEREAS, Conditional Use Permit #2003-08 was recorded in the Office of the Registrar of Titles in Carver County, Minnesota, as Document No. T145034 on March 24, 2004. WHEREAS, the legal description of the property is: Lot 1, Block 1, Chanhassen Lakes Business Park 8' Addition. WHEREAS, the property has not been used for a food processing facility within the past six (6) months, making the conditional use void per Section 20-236 of the Chanhassen City Code. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby revokes Conditional Use Permit #2003-08 for a food processing facility. Passed and adopted by the Chanhassen City Council this 27' day of May, 2014. 7-- : A To Gerhardt, City Vanager YES Furlong Ernst Laufenburger McDonald Tjomhom i L Thomas A. Furlong, Mayor NO ABSENT 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: May 27, 2014 RESOLUTION NO: 2014-34 MOTION BY: Ernst SECONDED BY: McDonald RESOLUTION REVOKING CONDITIONAL USE PERMIT #1997-05 ALLOWING A HAM RADIO TOWER WHEREAS, Conditional Use Permit #1997-05 allowing a ham radio tower was approved for the property on December 1, 1997. WHEREAS, the property is located at 1905 Stoughton Avenue (PID 25-0030210). WHEREAS, the property has not been used for a ham radio operation within the past six (6) months, making the conditional use void per Section 20-236 of the Chanhassen City Code. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby revokes Conditional Use Permit #1997-05 for a ham radio tower. Passed and adopted by the Chanhassen City Council this 27m day of May, 2014. ATT Todd Gerhardt, City Manager YES Furlong Ernst Laufenburger McDonald Tjomhom Thomas A. Furlong, Mayor NO ABSENT SCANNED • • • 0 0 CITY OF CHANHA.SSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: May 27, 2014 RESOLUTION NO: 2014-35 MOTION BY: Ernst SECONDED BY: McDonald RESOLUTION REVOKING CONDITIONAL USE PERMIT #198420 ALLOWING A CONTRACTOR'S YARD WHEREAS, Conditional Use Permit #198420 allowing a contractor's yard was approved for the property on February 4, 1985. WHEREAS, the property is located at 7300 Galpin Boulevard (PID 25-0101700). WHEREAS, the property has not been used for a contractor's yard within the past six (6) months, making the conditional use void per Section 20-236 of the Chanhassen City Code. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby revokes Conditional Use Permit #1984-20 for a contractor's yard. Passed and adopted by the Chanhassen City Council this 27' day of May, 2014. A a - Todd Gerhardt, City Manager YES NO Furlong Ernst Laufenburger McDonald Tjomhom Thomas A. Furlong, Mayor ABSENT SCANNED Chanhassen City Council — 27, 2014 0 Todd Gerhardt: At least he found Creekwood with all the detours. I think you have two different sets of detour routes. Chief Don Johnson: Ed was very nice even though I didn't have the fire out, he was very easy on me. Mayor Furlong: Any other thoughts or comments? Chief Don Johnson: Yes. This is a great opportunity. The fire service as a whole is a pretty family oriented environment and to see my extended family and my new family, it's been wonderful that the City of Chanhassen is a great city. The fire department's a great fire department. As welcoming as City management has been, as welcoming as my new fire department has been, it's a great time for me to look at a group of professional men and women who are dedicated to the City in just the 2 weeks I've... so we're highly trained. Very dedicated towards professional service and I look very forward to being a part of this family. Mayor Furlong: Welcome. Chief Don Johnson: Thank you. Thank you for this honor. Mayor Furlong: We have some cake. Todd Gerhardt: We have cake. Mayor Furlong: Yep, so we're going to take a quick recess from the council meeting. (The City Council meeting was recessed for a short time to distribute cake.) Mayor Furlong: We'll call the meeting back to order and let's move on with the next items on our agenda. CONSENT AGENDA: Councilwoman Ernst moved, Councilman McDonald seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: 1. Approval of City Council Minutes dated May 12, 2014. 2. Receive Planning Commission Minutes dated May 6, 2014. 3. Approve Amendment to City Code Concerning Solicitor and Peddler Licenses. 4. Approval of Resolutions Revoking Conditional Use Permits Issued by the City: a. Resolution #2014-33: #2003-08, 8170 Mallory Court b. Resolution #2014-34: #1997-05, 1905 Stoughton Avenue C. Resolution #2014-35: #1984-20,7300 Galpin Boulevard 5. Deleted. 6. Resolution #2014-36: Approve Resolution Accepting $500 Donation from K1einBank Chanhassen for the Senior Center Life -Long Leaming Program. SCANNED Chanhassen City Council — May 27, 2014 • 7. Next Steps Learning Center. Approval of Site Plan Review for a 3,000 square foot building expansion, 1430 Park Court, Lot 1, Block 2, Rome Park; Applicant: Jeremy Spaude. All voted in favor and the motion carried unanimously with a vote of 5 to 0. None. LAW ENFORCEMENT/FERE DEPARTMENT UPDATE. Mayor Furlong: Good evening Sergeant. Sgt. Mike Walling: Good evening Mr. Mayor, City Council. I'm Sergeant Walling, the TZD Coordinator for the sheriff s office. Just wanted to let the community know the sheriffs office has been beginning on May 19'", we've been participating in the statewide mobilization with over 400 other law enforcement agencies in the state for the May Click It or Ticket seatbelt mobilization. That enforcement effort runs through June 1 ", upcoming this Sunday. If you weren't aware Minnesota has a primary seatbelt law that requires all occupants of a vehicle to be buckled up. Front seat passengers. Back seat passengers and then law enforcement can issue a citation to anyone who isn't buckled. Some statistics in the last 5 years on Minnesota roads, that being 2009 through 2013 there were 1,423 motor vehicle occupant deaths out of which 587 were not buckled. In Carver County during this 5 year period 8 of those motorists were unbelted. Some pre -enforcement efforts that we do at the sheriffs office. We do pre -enforcement surveys prior to the enforcement wave at one of those locations. At Highway 212 and Powers Boulevard. Survey indicates that roughly 95% of motorists in Chanhassen are wearing their seatbelt. A post enforcement survey after the enforcement wave last year conducted on June 6, 2013 showed that motorists at this same intersection were at 92% use so efforts to increase seatbelt use are having their effect. The Click It or Ticket seatbelt mobilization and education and seatbelt enforcement education is a component of the State's towards zero death program. Primary vision of the TZD program is to create a safe driving culture in Minnesota in which motorists support a goal of zero road fatalities by practicing and promoting safe driving behavior. Again the message to our citizenry when we make stops for seatbelts is buckle up. We value your life. That's what I have. Do you have any questions? Mayor Furlong: Okay, thank you. Any questions for Sergeant Walling? Councilman Laufenburger. I have one. Mayor Furlong: Councilman Laufenburger. Councilman Laufenburger: Sergeant, you can help educate me and others that are watching at home. There was a time in maybe a few years ago I thought that getting stopped for not having your seatbelt buckled was not the only offense. If you were stopped for some other reason and they caught you with your buckle unbuckled they could ticket you for that. Is that still true today? Or first of all, was that true at one time Sergeant? Sgt. Mike Walling: It was true prior to, I want to believe 2008 or 2010. That you needed, that the seatbelt law wasn't a primary offense. Councilman Laufenburger: So you called it a primary offense which means that you can be stopped if the only thing you're doing wrong is driving without visibly noticeable buckle, is that correct? Sgt. Mike Walling: Correct. Legislation passed within the last few years made the not wearing your seatbelt a primary violation which you can be stopped for and cited. CITY OF CAANAAS3EN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.2271100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 • • �- MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Kate Aanenson AICP, Community Development Director DATE: May 27, 2014 ofd ? SUBJ: Revocation of Conditional Use Permits Planning Case #2014-13 MOTION "The Chanhassen Planning Commission recommends the City Council approve the resolutions revoking Conditional Use Permits 2003-08, 1997-05 and 1984-20 and adopt the attached Findings of Fact." City Council approval requires a majority vote of the entire City Council. EXECUTIVE SUMMARY Staff is recommending revoking three (3) Conditional Use Permits (2003-08, 1997-05 and 1984-20). None of these conditional uses have been used in the past six (6) months, making them void per Section 20-236 of the city code. PLANNING COMMISSION SUMMARY Recreation Center 2310 Coulter Boulevard The Planning Commission held a Public Hearing on May 6, 2014 to review the Phone: 952.227.1400 proposed request. The Commission voted five to zero on a motion recommending Fax: 952.227.1404 approval of the revocations. There were no issues or concerns with the request. Planning & The May 6, 2014 Planning Commission minutes are a consent agenda item in the May Natural Resources Phone: 952.227.1130 27, 2014 City Council packet. Fax: 952.227.1110 RECOMMENDATION Public Works 7901 Park Place Staff recommends approving the resolutions revoking the Conditional Use Permits. Phone: 952.227.1300 Fax:952.2271310 ATTACHMENTS Senior center 1. Resolutions revokingConditional Use Permits 2003-08 1997-05 and 1984-20. Phone: 952.2271125 > Fax: 952.227.1110 2. Planning Commission Staff Report Dated May 6, 2014. Web Site gtplan\2014 planning cases\2014-13ViEvocation of Cooditinal Use Pe`mits\executive summary.doc www.ei.chanhassen.mn.us SCANNED Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow • CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: May 27, 2014 RESOLUTION NO: 2014 - MOTION BY: SECONDED BY: RESOLUTION REVOKING CONDITIONAL USE PERMIT #2003-08 ALLOWING A FOOD PROCESSING FACILITY WHEREAS, Conditional Use Permit #2003-08 allowing a food processing facility was approved for the property on December 8, 2003. WHEREAS, Conditional Use Permit #2003-08 was recorded in the Office of the Registrar of Titles in Carver County, Minnesota, as Document No. T145034 on March 24, 2004. WHEREAS, the legal description of the property is: Lot 1, Block 1, Chanhassen Lakes Business Park 8`h Addition. WHEREAS, the property has not been used for a food processing facility within the past six (6) months, making the conditional use void per Section 20-236 of the Chanhassen City Code. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby revokes Conditional Use Permit #2003-08 for a food processing facility. Passed and adopted by the Chanhassen City Council this 27`a day of May, 2014. ATTEST: Todd Gerhardt, City Manager Thomas A. Furlong, Mayor YES NO ABSENT E rI CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: May 27, 2014 RESOLUTION NO: 2014 - MOTION BY: SECONDED BY: RESOLUTION REVOKING CONDITIONAL USE PERMIT #1997-05 ALLOWING A HAM RADIO TOWER WHEREAS, Conditional Use Permit #1997-05 allowing a ham radio tower was approved for the property on December 1, 1997. WHEREAS, the property is located at 1905 Stoughton Avenue (PH) 25-0030210). WHEREAS, the property has not been used for a ham radio operation within the past six (6) months, making the conditional use void per Section 20-236 of the Chanhassen City Code. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby revokes Conditional Use Permit #1997-05 for a ham radio tower. Passed and adopted by the Chanhassen City Council this 27th day of May, 2014. ATTEST: Todd Gerhardt, City Manager YES &Iadmin\imh evoke cup 1997-05.dm Thomas A. Furlong, Mayor NO ABSENT 1-1 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: May 27, 2014 RESOLUTION NO: 2014 - MOTION BY: SECONDED BY: RESOLUTION REVOKING CONDITIONAL USE PERMIT #1984-20 ALLOWING A CONTRACTOR'S YARD WHEREAS, Conditional Use Permit #1984-20 allowing a contractor's yard was approved for the property on February 4, 1985. WHEREAS, the property is located at 7300 Galpin Boulevard (PID 25-0101700). WHEREAS, the property has not been used for a contractor's yard within the past six (6) months, making the conditional use void per Section 20-236 of the Chanhassen City Code. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby revokes Conditional Use Permit #1984-20 for a contractor's yard. Passed and adopted by the Chanhassen City Council this 27`h day of May, 2014. ATTEST: Todd Gerhardt, City Manager YES gAadminVes hmvoke cup 1984-20.doc Thomas A. Furlong, Mayor NO ABSENT -mom -2 PROPOSED MOTION: 6�p. "The Chanhassen Planning Commission recommends the City Council revoke Conditional Use Permits 2003-08, 1997-05 and 1984-20." SUMMARY OF REQUEST: Staff is recommending revoking three (3) Conditional Use Permits (2003-08, 1997-05 and 1984-20). None of these conditional uses have been used in the past six (6) months, making them void per Section 20-236 of the city code. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City has limited discretion in revoking conditional use permits, based on whether or not the existing property meets the conditional use permit standards outlined in their conditional use permit and the Zoning Ordinance. Failing to comply with any conditions set forth in the conditional use permit, or the discontinued use of the conditional use for six (6) months, shall constitute sufficient cause for the revocation of the conditional use permit. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. APPLICABLE REGULATIONS Chapter 20, Article IV, Division 2, Conditional Use Permits (staff report continued on next page) Planning Commission • • Conditional Use Permit Revocations — Planning Case 2014-13 May 6, 2014 Page 2 of 5 CONDITIONAL USE PERMIT 2003-08 LOCATION: 8170 Mallory Court (PID: 25-2210010) OWNER: HFC Real Estate Co. LLC 5201 Dominick Drive Hopkins, MN 55343-8985 PRESENT ZONING: Industrial Office Park (IOP) 2020 LAND USE PLAN: Office Industrial ACREAGE: 3.28 acres DENSITY: N/A BACKGROUND On December 8, 2003, the City Council approved a Conditional Use Permit (2003-08) to allow a food processing facility (Main Street Bakery) to be located in an existing industrial office building located at 8170 Mallory Court, subject to conditions (Attachment #1). After conducting an inspection on January 16, 2014, city staff determined that there has not been a bakery located on this property for over six (6) months. The building unit is currently occupied by Direct Source. A letter informing the property owner of the revocation of the Conditional Use Permit (2003-08) was sent on February 7, 2014. Planning Commission • • Conditional Use Permit Revocations — Planning Case 2014-13 May 6, 2014 Page 3 of 5 CONDITIONAL USE PERMIT 1997-05 LOCATION: 1905 Stoughton Avenue (PID: 25-0030210) OWNER: Kimi Gaboury Trust 1905 Stoughton Avenue Chaska, MN 55318-2217 PRESENT ZONING: Agricultural Estate (A2) 2020 LAND USE PLAN: Residential Large Lot and Agriculture ACREAGE: 3.56 acres DENSITY: N/A BACKGROUND On December 1, 1997, the City Council approved a Conditional Use Permit (1997-05) to allow the installation of a ham radio tower at 1905 Stoughton Avenue, subject to conditions (Attachment #2). After conducting an inspection on January 16, 2014, city staff determined that there is no longer a ham radio tower located on the property. Furthermore, property owner Kimi Gaboury informed city staff that there has not been a ham radio tower located on the property for over six (6) months. A letter informing the property owner of the revocation of the Conditional Use Permit (1997-05) was sent on February 7, 2014. Planning Commission • • Conditional Use Permit Revocations — Planning Case 2014-13 May 6, 2014 Page 4 of 5 CONDITIONAL USE PERMIT 198420 LOCATION: 7300 Galpin Boulevard (PID: 25-0101700) TAX PAYER: Theodore F & Marlene M Bentz 8596 Powers Place Chanhassen, MN 55317-9390 PRESENT ZONING: Agricultural Estate (A2) 2020 LAND USE PLAN: ACREAGE: 14.01 acres Residential Low Density DENSITY: N/A BACKGROUND On February 4, 1985, the City Council approved a Conditional Use Permit (198420) for contractor yard activities at 7300 Galpin Boulevard, subject to conditions (Attachment #3). After conducting an inspection on February 26, 2014, city staff determined that the property at 7300 Galpin Boulevard is no longer being used as a contractor's yard and has not been used as one for over six (6) months. A letter informing the property owner of the revocation of the Conditional Use Permit (1984-20) was sent on March 19, 2014. Planning Commission • • Conditional Use Permit Revocations — Planning Case 2014-13 May 6, 2014 Page 5 of 5 ANALYSIS All three (3) Conditional Use Permits (2003-08,1997-05 and 1984-20) should be revoked due to the conditional use not existing on the property for at least six (6) months. These conditional use permits have become void per Section 20-236 of city code which states, "if the conditional use is discontinued for six months, the conditional use permit shall become void." All three property owners have been mailed a letter informing them that their conditional use permit has been voided due to their discontinued use. However, procedurally, the city must take the conditional use permits through the public hearing process to have them revoked. RECOMMENDATION Staff recommends that the Planning Commission recommend the City Council revoke Conditional Use Permits 2003-08, 1997-05 and 1984-20. ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Conditional Use Permit 2003-08. 3. Conditional Use Permit 1997-05. 4. Conditional Use Permit 1984-20 Approval Letter. 5. Public Hearing Notice Affidavits of Mailing (3). gApian\2014 planning cas 2014-13 nry tion of conditional use petmits\sWff neport.doc 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Staff recommends that the City revoke three (3) Conditional Use Permits (2003-08, Bakery; 1997-05, Ham Radio Tower; and 1984-20, Contractor's Yard). All of these conditional uses have been discontinued for at least six (6) months and may now be revoked by the city per Section 20- 237 of City Code. On May 6, 2014, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the revocation of three (3) Conditional Use Permits (2003-08,1997-05 and 1984-20). The Planning Commission conducted a public hearing on the proposed conditional use permits which was preceded by published and mailed notice. The Planning Commission beard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The properties are currently zoned: a. Industrial Office Park (IOP) (CUP 2003-08) b. Agriculture Estate (A2) (CUP 1997-05) c. Agricultural Estate (A2) (CUP 1984-20) 2. The properties are guided by the Land Use Plan for: a. Office Industrial (CUP 2003-08) b. Residential Large Lot and Agriculture (1997-05) c. Residential Low Density (1984-20) 3. The legal description of the properties are described as: a. Lot 1, Block 1, Chanhassen Lakes Business Park 8's Addition (PID: 252210010) (CUP 2003-08) b. P/O NWl/4 NEl/4 LYING SELY OF ALINE PARALLEL WITH & 33' SELY OF CENTER OF CO RD 10 LYING NWLY OF A LINE PARALLEL WITH & 350' SELY OF CENTERLINE & LYING NELY OF LINE DESC AS: COMM AT NW CORN NEI/4 TH E ON N LINE NEIA 3 10'TH S 328.58' TO CENTERLINE OF CO (PID: 250030210) (CUP 1997-05) c. P/O SWI/4 SECT 10 DESC AS: COMM AT WI/4 CORN OF SECT 10 TH S 1 *E ON W LINE SWI/41213.4 FT TO PT OF BEG TH CONT S 1 *E ON W LINE SWI/4 455.48' TH S 79*E 177.77' TH S86*E 100.40' TH S78*E 194.14' TH S74*E 150' TH S47*E 75.43' TH N82*E 74.98' TH S58*E 84.58'T (PID: 250101700) (CUP 1984-20). 4. Conditional Use Findings: a. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or city. Finding: These three (3) conditional uses have not been in use on their properties for at least the past six (6) months, but most likely for much longer. The revocation of these CUPs will not be detrimental or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or city. b. Will be consistent with the objectives of the City's Comprehensive Plan and this chapter. Finding: The revocation of these CUPS is consistent with the City's Comprehensive Plan and complies with Chanhassen City Code. c. 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. Finding: There will not be any required alterations to any these properties for the revocation of their CUPs. Therefore, the appearance and existing or intended character of the neighborhoods in the general vicinity will not be changed. d. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: There will not be any required work done on these properties for the revocation of their CUPS. Therefore, there will not be any hazardous or disturbing conditions for existing or planned neighboring uses. e. 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. Finding: There will be no alternation in services required by the revocation of these CUPS. All of these properties are adequately serviced by the city or through services provided by the persons or agencies responsible for the property. f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Finding: The use of public facilities and services will not be altered by the revocation of these CUPs. g. 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. • 0 Finding: The revocation of these CUPS will not involve uses that have the potential to create any adverse conditions, as previously stated. h. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: Access by motorized vehicles to these properties is currently adequate and will not be altered by the revocation of these CUPs. i. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: The revocation of these CUPs will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. j. Will be aesthetically compatible with the area. Finding: These properties are currently aesthetically compatible with their areas and this compatibility will not be changed by the revocation of their CUPS. k. Will not depreciate surrounding property values. Finding: The revocation of these CUPS will not have any effect on the surrounding property values. 1. Will meet standards prescribed for certain uses as provided in this article. Finding: The revocation of these CUPS is consistent with City Code regarding Conditional Use Permits. 5. The planning report, Planning Case #2014-13, dated May 6, 2014, prepared by Drew Ingvalson, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Revocation of Conditional Use Permits 2003-08,1997-05 and 1984-20, Planning Case #2014-13. ADOPTED by the Chanhassen Planning Commission this 6t° day of May, 2014. CHANHASSEN PLANNING COMMISSION Its Chairman Document No. OFFICE OF THE T145034 REGISTRAR OF TITLES IIIIIIIIIIIIIIIIIIIIIIII CANNESOTA RVER ## 607 33 1001$ 20.00 Page 00 II�IIIIIIIIIIIII Certified and filed on 03-24-2004 at M00 AM ❑ PM 1114-113-14 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Registrar of Titles I IIIIII VIII VIII VIII I CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA CONDITIONAL USE PERMIT #03-8 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for the following use: To Allow a Food Processing Facility (Main Street Bakery) to be located in an Existing Industrial Office Building. 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Lot 1, Block 1, Chanhassen Lakes Business Park 8s Addition. 3. Conditions. The permit is issued for Conditional Use Permit # 2003-8 to allow a Food Processing Facility in an IOP District, for Main Street Bakery, Inc., to be located on Lot 1, Block 1, Chanhassen Lakes Business Park 8`s Addition, as shown on the plans dated received November 7, 2003, subject to the following conditions: a. The applicant shall contact the Building Inspections Department to discuss permit and occupancy requirements. b. The applicant shall meet with the Fire Inspection Department to discuss Fire Code requirements. c. Compliance with conditions of site plan and plat approval. d. There shall be no outdoor storage of any equipment associated with the bakery or the auxiliary uses associated with the bakery. e. A maximum of 20% of the floor area may be used for retail purposes of merchandise manufactured or stored on site. L Truck parking is permitted on-site only along the northerly parking area. g. Compliance plan must be submitted to the city including: g-1. An inventory of potential or identified odor emission point sources associated with the bakery. 1 g-2. An engineering quality plan detailing best available control technologies and appurtenances designed to eliminate or achieve the maximum reduction of odor pollution from an emission point source inclusive of, but not necessarily limited to, certain processes, procedures, or operating methods intended to mitigate or control odor pollution. g-3. A detailed explanation of the specifications and operating parameters of the best available control technologies, monitoring instrumentation and equipment, and processes and procedures intended for the mitigation or control of odor pollution. g-4. A specification of the documentation that will be made available for the city's review which will verify the data produced by the monitoring equipment, and which will verify that processes and procedures are conducted consistent with the specifications in the facility's odor control study and plan. g-5. An approved schedule which states, in a time certain manner, the implementation and installation of the best available control technology, processes, procedures, operating methods; and monitoring instrumentation designed to mitigate or control odors at the facility inclusive of an approved completion date. g-6. An acknowledgment of the authority of the city and its agents to enter into the facility or its property in order to investigate complaints and to verify the facility's adherence to the compliance plan." 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: December 8. 2003 (SEAL) STATE OF AHNNESOTA (ss COUNTY OF CARVER CITY OF CHANHASSEN BY: Thom,I A�. Furlon ,Mayor AND: "�" Todd Gerhardt, City Manager '. • The foregoing instrument was acknowledged before me this 'e d of 2003, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council NO'�A Y PtT=C DRAFTED BY: �/ City of Chanhassen 7700 Market Boulevard 1AAE�l:V1AAfaiiMhJ1/#A/aft! Chanhassen, MN 55317 (952)227-1100 KAREN J ENGELHARD? a} a_r,_ Notary Public- PdtIMC;oia My COMM._sirni EXpires 1/3112005 VV VVVVVVVVVVVVVVVV i 6 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA CONDITIONAL USE PERMIT #97-5 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for the following use: To allow the installation of a ham radio tower 2. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: PID # 25.0030210 (1905 Stoughton Avenue) That part of the Northwest Quarter of the Northeast Quarter of Section 3, Township 115, Range 23, Carver County, Minnesota, lying Southeasterly of a line parallel with and distant 33.00 feet southeasterly of the centerline of County Road No. 10, lying Northwesterly of a line parallel with and distant, 350.00 feet southeasterly of said centerline and lying Northeasterly of the following described line: Commencing at the Northwest comer of the Northeast Quarter of said Section 3; thence East (bearing assumed) along the North line of said Northeast Quarter, a distance of 310.00 feet; thence South, a distance of 328.58 feet to centerline of County Road 10; thence North 56 degrees 01 minutes 58 seconds East, along said centerline a distance of 400.00 feet; thence South 33 degrees 58 minutes 02 seconds East a distance of 33.00 feet to the point of beginning of the line to be described; thence continuing South 33 degrees 58 minutes 02 seconds East a distance of 317.00 feet to a point on a line parallel with and distant, 350.00 feet Southeasterly of said centerline of County Road No. 10, and said line terminating. 3. Conditions. The permit is issued subject to the following conditions: a. The applicant must obtain a building permit. Engineering design for radial ice and tower structure is required for the permit. b. The applicant must make the tower inaccessible for climbing. c. Compliance with Section 20-915, amateur radio tower standards. 0 d. The applicant must obtain a building permit when the tower is increased from 48 feet to 64 feet in height. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: December 1, 1997 CITY OF CHANHASSEN WN I STATE OF MINNESOTA ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this 111l'o day of 1947, by Nancy K. Mancino, Mayor and Don Ashworth, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. oflic DRAFTED BY: PIW Campbell Knutson, P.A. Suite 317 1380 Corporate Center Curve Eagan, Minnesota 55121 &am (612) 452-5000 RNK February 11, 1985 0 CITY*JF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 Mr. Theodore Bentz 7300 Galpin Boulevard Excelsior, MN 55331 Dear Mr. Bentz: This is to formally notify you that the City Council at the February 4, 1985 meeting approved your request for a conditional use permit for contactor's yard activities at 7300 Galpin Boulevard subject to the following conditions: 1. Expansion of the existing operation beyond what has been represented in this application must be approved by a con- ditional use permit. 2. All equipment must be stored within a building or the outside vehicle storage area must be screened on all sides with ade- quate fencing of at least six feet in height. Please forward a copy of your legal description to me so that I can use it to file the conditional use permit at the county. If you have any questions, please feel free to contact me. Si,naerely Barbara Dacy City Planner BD:v • CITY OF CHANIIASSEN 0 AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on May 24, 2014, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Revocation of Conditional Use Permit 2003-08 (8170 Mallory Court) — Planning Case 2014- 13 to the persons named on attached Exhibit "A", by enclosing a copy of said 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 of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this dX"Iday of _ftDa 1 12014. Notary Pu KIM T. MEUWISSEN ��. Notary Pubk-Mlnnesota ��sm:•' My Convnkobn EN*% Jen 31. 2015 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, May 6, 2014 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for revocation (per City Code Section 20-236) of Proposal: Conditional Use Permit #2003-08 for Main Street Bakery which allowed a food processing facility in an existing industrial office building. Applicant: City of Chanhassen Property Lot 1, Block 1, Chanhassen Lakes Business Park 8h Addition Location: (8170 Mallory Court) A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2014-13. If you wish to talk to someone about this project, please contact Bob Generous by Questions & email at bcenerous(")a ci.chanhassen.mmus or by phone at Comments: 952-227-1131. If you choose to submit written comments, it is Comments: helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Plannin Commission meeting. City Revkw Procadum: • Subdivisions, Planned Unit Developments, Site Man Reviews. Conditional and Interim Uses, Wetland Alterations. Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. city ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested parry is Invited to attend the meeting. • Staff prepares a report on the subject application that Includes all pertinent information and a recommendation. These reports are available by request. Al the Manning Commission meeting, staff will give a verbal overview of the report and a recommendation. The Item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will dose the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse. affirm or modify wholly or parry the Planning Commission's recommendation. Remnings, land use and code amendments take a simple majority vote of he City Council except rezonings and land use amendments from residential to commercialhndustrial. . Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take severel months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to prix, de a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested personjs). • Because the Manning Commission holds the public hearing, the City Council does not. Minutes are taken and any comespondence regarding the application will be included in the report to the City Council, If you wish to have something to be included in the report, lease contact the Manning Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, May 6, 2014 at 7:00 P.M. This hearing may not start until later in the ever , depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for revocation (per City Code Section 20-236) of Proposal: Conditional Use Permit #2003-08 for Main Street Bakery which allowed a food processing facility in an existing industrial office building. Applicant: City of Chanhassen Property Lot 1, Block 1, Chanhassen Lakes Business Park 8h Addition Location: (8170 Mallory Court) A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborho about this project. During the meeting, the Chair will lead 111, What Happens public hearing through the following steps: 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2014-13. If you wish to talk to someone about this project, please contact Bob Generous by Questions & email at bcenerous(fti.chanhassen.mmus or by phone at 952-227-1131. If you choose to submit written comments, it is Comments: helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • %ginned Unit Developments, Site Plan Renews, Conditional and Interim Uses, n gs, city i g Commis, ion Ot quire a Planning Comprehensive Man Amendments and Code Amendmentsa publichearing before the Planning, Comprehensive Any require ell properly within 500 feet d the subject site to De notlfietl d the epplicellon In writing. Any Interested party is ordinances subject Indletl to res a the meeting. t attend • Staff prepares a report on Ma subject that includes all peon Information and a recommendation. These reports are Commission give a part of the hearing process. The Commission will dose the The item by request. At the Planning Commission meeting, staff will give a verbal hearing pro the report and a recommel close t The Item will be opened fixss the public speak about the proposal to the City Council. The Gly Council may reverse, affirm or modify hearing and discuss me item and make o t d wholly o mendaentlalion wholly ar peNy the Planning Commission's recond amen. Rents fro s, lend use and coda amendments take a simple majority s and lend use commarciel vole the City Council except use Prem ithin 0 d y unless the applicant waives this • require to be p o e tl within 60 applic nt Minnesota State Statute requires all applications to be monthsAny roughstandard.th Some applications due to hely complexity may take several months to complete. Any person wishing to follow, an Item through the omapp their to process should check with the Manning Department regarding its stilus and scheduling Council meeting. th for the OCityften ro for • is to provide a vented tier the city. Often developers are p spokeapersonharding personged proposal. Staff also person(s). regarding their proposal. staff meet with the m their pr meet with the ro review the project with any land lai ning Com Council any rr and • Because the Manning Commission holdsincluded the public heedng, the Gly Coundl does not. Minutes liken end any , t City dad In the report regarding the will in the report to tae Gly Council. H you wish to have something to be included In the report, lease contact the Plannin Staff arson named on the notification. t the lana to erson 0 8185 LLP B & C LAND COMPANY LLC 8821 SUNSET TRL 6017 RIDGEWOOD RD CHANHASSEN, MN 55317-9137 MOUND, MN 55364-8565 BRETT ALLEN MILLER BRICK PROPERTIES GROUP LLC 1321 LAKE DR W # 334 8217 UPLAND CIR CHANHASSEN, MN 55317-3515 CHANHASSEN, MN 55317-9626 CONNIE L PETERSON DIXIE L KOOPMAN 1321 LAKE DR W #326 1321 LAKE DR W # 130 CHANHASSEN, MN 55317-3514 CHANHASSEN, MN 55317-3504 FRIEDRICH BAAZ GIANEEN COURRIER 1321 LAKE DR W #328 1321 LAKE DR W #331 CHANHASSEN, MN 55317-3514 CHANHASSEN, MN 55317-3515 ISLAND MANAGEMENT LLC JASON LEE EHRENBERG 7040 WILLOW CREEK RD 1321 LAKE DR W #234 EDEN PRAIRIE, MN 55344-3224 CHANHASSEN, MN 55317-3510 L38 LLP LET IT BE RECORDS INC 8110 MALLORY CT 8225 UPLAND CIR CHANHASSEN, MN 55317-8586 CHANHASSEN. MN 55317-8626 MATTHEW F EISENHAUER NATHAN D VANDYKE 1321 LAKE DR W #126 1321 LAKE DR W #332 CHANHASSEN, MN 55317-3503 CHANHASSEN, MN 55317-3515 POWERS RIDGE CONDOMINIUM HOMES POWERS RIDGE DEVELOPMENT INC 1371 LAKE DR W 6600 SALLY LN CHANHASSEN, MN 55317-8524 MINNEAPOLIS, MN 55439-1043 RICHARD W PEARSON TRADEN LLC 525 LAKE DR APT 372 8821 SUNSET TRL CHANHASSEN, MN 55317-8369 CHANHASSEN, MN 55317-9137 0 BRADLEY FROST 1321 LAKE DR W #336 CHANHASSEN, MN 55317-3515 CHAN LAKES CONDOMINIUM LLC 8156 MALLORY CT CHANHASSEN, MN 55317-8586 ERIC M & PATRICIA E BURDON 6690 BRENDEN CT CHANHASSEN, MN 55317-7560 HFC REAL ESTATE CO LLC 5201 DOMINICK DR HOPKINS, MN 55343-8985 JUDITH M KIEFFER 1321 LAKE DR W # 123 CHANHASSEN, MN 55317-3503 LINDSAY M STEIN 1321 LAKE DR W #330 CHANHASSEN, MN 55317-3515 PARK AVENUE LOFTS LLC 510 1ST AVE N # 200 MINNEAPOLIS, MN 55403-1623 PRCM ACQUISITIONS XII LLC 5151 EDINA INDUSTRIAL BLVD # 2 EDINA, MN 55439-3016 WILLIAM D FISHER 1321 LAKE DR W #225 CHANHASSEN, MN 55317-3508 • 0 [Q d[i) 5tirl F.101.M31M1 U911i��lTiTli� i.ce1.[�71Y[yJ STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on May 24, 2014, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Revocation of Conditional Use Permit 1997-05 (1905 Stoughton Avenue) — Planning Case 2014-13 to the persons named on attached Exhibit "A", by enclosing a copy of said 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 of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this .28Z` day of &,)ri l —12014. Notary blic KIM T. MEUWISSEN Notary Public -Minnesota �,y, Cggp� F�,pMea Jen 31,2015 Notice of Public Hearing Notice of Public Hearing Chanhassen Planning Commission Meeting Chanhassen Planning Commission Meeting Date & Time: Tuesday, May 6, 2014 at 7:00 P.M. This hearing may not start until later in the evening,depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for revocation (per City Code Section 20-236) of Proposal: Conditional Use Permit #1997-05 which allowed the installation of a ham radio tower. Applicant: City of Chanhassen Property 1905 Stoughton Avenue Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2014-13. If you wish to talk to someone about this project, please contact Bob Generous by Questions & email at baenerousbci.chanhassen.mn.us or by phone at 952-227-1131. If you choose to submit written comments, it is Comments: helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Alterations. Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application In writing. Any Interested party Is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The Item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the Item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, lease contact the Planning Staff person named on the notification. Date & Time: Tuesday, May 6, 2014 at 7:00 p.m. This hearing may not start until later In the evening, depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for revocation (per City Code Section 20-236) of Proposal: Conditional Use Permit #1997-05 which allowed the installation of a ham radio tower. Applicant: City of Chanhassen Property 1905 Stoughton Avenue Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead ttt public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2014-13. If you wish to talk to someone about this project, please contact Bob Generous by Questions & email at bcenerous(o)ci.chanhassen.mn.us or by phone at 952-227-1131. If you choose to submit written comments, it is Comments: helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Altera Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is Invited to attend the meeting. • Staff prepares a report on the subject application that Includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The Item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciallindustdal. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any Interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be Included in the report to the City Council. If you wish to have somethino to be included in the report, please contact the Plannina Staff person named on the notification. 0 0 AMANDA ALBERS CARLTON J SOLBERG CRYSTAL H BUCKINGHAM 1910 STOUGHTON AVE 1805 STOUGHTON AVE 1791 STOUGHTON AVE CHASKA, MN 55318-2218 CHASKA, MN 55318-2215 CHASKA, MN 55318-2213 GARY W DUNGEY 1539 INDEPENDENCE AVE CHASKA, MN 55318-1665 KIMI GABOURY TRUST 1905 STOUGHTON AVE CHASKA, MN 55318-2217 JOSEPH ROBERT MONNENS 1781 STOUGHTON AVE CHASKA, MN 55318-2213 KYLE R DECKER 1915 STOUGHTON AVE CHASKA, MN 55318-2217 JOSHUA H LINDGREN 7597 AUGUSTA RD CHASKA, MN 55318-9347 PHEASANT CREEK FARMS LLC 1827 VALLEY RIDGE TRL S CHANHASSEN. MN 55317-8419 RICHARD K WERMERSKIRCHEN RYAN NIEDFELDT TWIN CITIES SELF STORAGE, CHAS 1930 STOUGHTON AVE 1925 STOUGHTON AVE 607 WASHINGTON AVE S STE 503 CHASKA, MN 55318-2218 CHASKA, MN 55318-2217 MINNEAPOLIS, MN 55415-1162 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on May 24, 2014, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Revocation of Conditional Use Permit 1984-20 (7300 Galpin Boulevard) — Planning Case 2014-13 to the persons named on attached Exhibit "A", by enclosing a copy of said 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 of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this day of AACi 1 12014. Cg` ` V. I. 1 Ll 1 A 1. Y ems/ Notar lic KIM T. MEUWISSEN Notary Public -Minnesota "cm My ConxnL i EXPWM J&n 31, 2015 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, May 6, 2014 at 7:00 p.m. This hearing may not start until later in the evening, de ending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for revocation (per City Code Section 20-236) of Proposal: Conditional Use Permit #1984-20 which allowed a contractor's yard. Applicant: City of Chanhassen Property 7300 Galpin Boulevard Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2014-13. If you wish to talk to someone about this project, please contact Bob Generous by Questions & email at baenerous aC)ci.chanhassen.mn.us or by phone at Comments: 952-227-1131. If you choose to submit written comments, it is Comments: helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application In writing. Any interested party Is Invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The Item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an Item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representafive is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be Included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, May 6, 2014 at 7:00 p.m. This hea ring may not start unfit later in the evening, depending on the order of thea enda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for revocation (per City Code Section 20-236) of Proposal: Conditional Use Permit #1984-20 which allowed a contractor's yard. Applicant City of Chanhassen Property 7300 Galpin Boulevard Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead tj� public hearing through the following steps: What Happens 1, Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2014-13. If you wish to talk to someone about this project, please contact Bob Generous by email at baenerous aC)ci.chanhassen.mn.us or by phone at Questions & 952-227-1131. If you choose to submit written comments, it is Comments: helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Altera . Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any Interested parry Is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The Item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/Industrial. • Minnesota State statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an Item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff Is also available to review the project with any Interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be Included in the report to the City Council. If you wish to have something to be included In the report, please contact the Planning Staff person named on the notification. AMERICANA COMMUNITY BANK BRIAN R & BARBARA C FOLSOM DAVID A & CINDA M JENSEN 10700 PRAIRIE LAKES DR 2215 BANEBERRY WAY W 2173 BRINKER ST EDEN PRAIRIE, MN 55344-3858 CHANHASSEN, MN 55317-8339 CHANHASSEN, MN 55317-9361 DAVID K & CHRISTINA J STREETER DIANNE JANICE ERICKSON DOUGLAS C & THERESA J BENTZ 7598 PRAIRIE FLOWER BLVD 7735 VASSERMAN TRL 7280 GALPIN BLVD CHANHASSEN, MN 55317-9398 CHANHASSEN, MN 55317-4506 EXCELSIOR, MN 55331-8058 ERIC R CHRISTENSON GELINO FAMILY TRUST JOSEPH W & EILEEN D KIEFFER 7612 PRAIRIE FLOWER BLVD 7729 VASSERMAN TRL 7602 RIDGEVIEW WAY CHANHASSEN, MN 55317-8334 CHANHASSEN, MN 55317-4506 CHANHASSEN, MN 55317-4507 JUSTIN & ALLISON NEWMAN JUSTIN & NICOLE WILD KATHRYN T STODDART 7606 WALNUT CURV 2223 BANEBERRY WAY W 7305 GALPIN BLVD CHANHASSEN, MN 55317-9397 CHANHASSEN, MN 55317-8339 EXCELSIOR, MN 55331-8059 KYLE A & LEAH C PLATH LAWRENCE M & MICHAELE A MARCIA L MAPLES 7604 WALNUT CURV MARTIN 7602 WALNUT CURV CHANHASSEN, MN 55317-9397 7725 VASSERMAN TRL CHANHASSEN, MN 55317-9397 CHANHASSEN, MN 55317-4506 MARK A & SARAH L PLETTS MARK I & MAUREEN E MAGNUSON MARK T & ALICIA F SCHIMKE 7517 BENT BOW TRL 7715 VASSERMAN TRL 7626 PRAIRIE FLOWER BLVD CHANHASSEN, MN 55317-6401 CHANHASSEN, MN 55317-4506 CHANHASSEN, MN 55317-8334 MARLENE M BENTZ MICHAEL D & CARA L KAIL MIRON E MARCOTTE 8596 POWERS PLACE 2187 BRINKER ST 7240 GALPIN BLVD CHANHASSEN, MN 55317-9390 CHANHASSEN, MN 55317-9361 EXCELSIOR, MN 55331-8058 MURIEL N MULLIN RALPH H PAMPERIN ROBERT P & CARRIE J WEBBER 7630 PRAIRIE FLOWER BLVD 7719 VASSERMAN TRL 7608 RIDGEVIEW WAY CHANHASSEN, MN 55317-8334 CHANHASSEN, MN 55317-4506 CHANHASSEN, MN 55317-4507 SRIRAM VISWANATHAN STEVEN J & NADIA M JANSON STEVEN M & SUSAN M COHOON 7614 RIDGEVIEW WAY 2199 BRINKER ST 7525 BENT BOW TRL CHANHASSEN, MN 55317-4507 CHANHASSEN, MN 55317-9361 CHANHASSEN, MN 55317-6401 THEODORE A & ANGELA M THEODORE F & MARLENE M BENTZ VASSERMAN RIDGE PROMENADE ELLEFSON INC 7609 WALNUT CURV 8596 POWERS PLACE 16305 36TH AVE N SUITE 600 CHANHASSEN, MN 55317-9395 CHANHASSEN, MN 55317-9390 PLYMOUTH, MN 55446-4270 E n WALNUT GROVE HOMEOWNERS WALNUT GROVE VILLAS ASSN XUONG Q LUU ASSN 1801 AMERICAN BLVD E # 21 2219 BANEBERRY WAY 1801E 79TH ST #21 BLOOMINGTON, MN 55425-1230 BLOOMINGTON, MN 55425-1230 CHANHASSEN, MN 55317-8339 Chanhassen Planning Commission — May 6, 2014 PUBLIC HEARING: CONDITIONAL USE PERMIT REVOCATIONS: CONSIDER REVOCATION OF CONDITIONAL USE PERMTTS 2003-08 (8170 MALLORY COURT): 1997-05 (1905 STOUGHTON AVENUE); AND 1984-20 (7300 GALPIN BOULEVARD). APPLICANT: CITY OF CHANHASSEN, PLANNING CASE 2014-13. Aanenson: Thank you Chairman, members of the Planning Commission. This staff report was actually written by our graduate student intern. So the conditional uses, what we do is we inspect conditional uses that have certain standards that need an annual review and so these three conditional uses are no longer active. So because the conditional use runs with the property often times when someone does a title check these will come up and they'll ask us, the City to go through and do a revocation so on the circumstance they are no longer being used so we are recommending that they be revoked and the process then would be a public hearing and that would go to the Planning Commission and City Council so. So the three conditional uses kind I've talked about. They're discontinued for 6 months. That'd be one thing you could do. You could also declare it null and void and so all three property owners have been mailed a letter informing that their conditional use has been voided or that due to their continued use, although procedurally we need to take formal action. So the first one is on Mallory Court and that one is actually, was for a bakery use and that one is no longer being used so, the bakery was located in an industrial building. Upon inspection it hasn't been there for at least 6 months so it's currently occupied by a different user, Direct Source. Again this sometimes comes up when, if that building was to get refinanced or something then the bank would want to know if those sort of things are in there. So the second one is on Stoughton and this is actually a cell tower so, for a ham radio and prior to inspection, again the property owner has informed that there's not been a ham radio on that site for over 6 months and that was verified again on inspection so that's the second one. And then finally the third one is a contractors yard for excavating and this is also located off of Galpin Boulevard at the address 7300 Galpin Boulevard. So again it was for contractor's activities. Again those run with the property and since it hadn't been used we would recommend again that that also be terminated. So with those three we are recommending the termination and we have a motion here but I'd be happy to answer any questions that you may have on any of those. Aller: I have no questions? Any of the other commissioners have questions? Hokkanen: No. Weick: No. Aller: Okay. What we're going to do then is we're going to open up the public hearing portion for these separately so the fust item before us would be the Conditional Use Permit 2003-08 at 8107 Mallory Court. Anyone wishing to come forward and speaking either for or against the motion can do so at this time. Seeing no one come forward I'm going to close the public hearing. I'm going to move on and have the second public hearing for Conditional Use Permit 1997-05 and that was for 1905 Stoughton Avenue. Anyone wishing to come forward can do so at this time to speak on that matter. Seeing no one come forward we'll close the public hearing on that matter. And then the last Conditional Use Permit is 1984- 20 at 7300 Galpin Boulevard. I'm opening the public hearing portion for that matter before us. Anyone wishing to speak on that matter. Seeing no one moving forward, I will close the public hearing. And then we'll discuss them all together. Any reason why these should not be granted? And I'd like to thank the intem. I think they did a good job in preparation and clarity and it's nice to see them separate so that we could deal with each one separately so well done. I'll entertain a motion. Yusuf: I'll make a motion. SCANNED Chanhassen Planning Commission — May 6, 2014 • Aller: Thank you. Yusuf. The Chanhassen Planning Commission recommends the City Council revoke Conditional Use Permits 2003-08, 1997-05 and 1984-20. Aller: Any seconds? Weick: Second. Aller: I have a motion by Commissioner Yusuf, a second by Commissioner Weick. Any further discussion? Yusuf moved, Weick seconded that the Chanhassen Planning Commission recommends the City Council revoke Conditional Use Permits 2003-08, 1997-05 and 1984-20. All voted in favor and the motion carried unanimously with a vote of 5 to 0. APPROVAL OF MINUTES: Commissioner Hokkanen noted the verbatim and summary Minutes of the Planning Commission meeting dated April 15, 2014. COMMISSION PRESENTATIONS: None ADMINISTRATIVE PRESENTATIONS: Aanenson: Thank you Chairman. At the last City Council meeting on April 281 they did approve the Dakota Retail project which you had seen and also Arbor Cove. I know Arbor Cove is going forward with a grading permit on their next City Council meeting. Just grading permit only for their, on May 12th and Dakota Retail has some work to do regarding getting clean-up grants. That was one of the things that you didn't see but they did ask the City Council for a letter of support on that. There's some contamination that they'll be working to get that cleaned up so, those projects will be progressing forward. Aller: Great. Aanenson: Future Planning Commission items. We do have items for the May 20'h meeting. Then that Park Court Daycare expansion for site plan review and then an interim use permit for a grading permit. And just a note of record, we do not, did not have any items come in for June 31 so we will not have a meeting on June 31 so. But as long as we're talking about meetings, just a reminder that we do have a work session with the City Council next Monday. I know Commissioner Hokkanen cannot make it. Has a conflict and that happens when it's an off night for you but I did include in your packet, and I did put something up at the table. Kind of some talking points and if you want to just take a look at that quickly. If there's anything else you wanted to add. I kind of just highlighted some of the things that we talked about in our work plan in April and so the big thing will be the corridor study. At that work session with the City Council we'll have our, or your joint meeting first and then we'll talk about the corridor study update and we'll also be talking about Comprehensive Plan. Kind of what we've got for available land and how we're sitting right now as we move forward in the Comprehensive Plan update so, is there anything else you felt like you'd like me to add on there? Aller: No. Not on first glance. Aanenson: Okay, and I'm sure if something else comes up at the council can certainly talk about that. So we are, we have at the top of the items for work sessions coming in, there are some projects that are 10 • • �LA-13 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Staff recommends that the City revoke three (3) Conditional Use Permits (2003-08, Bakery; 1997-05, Ham Radio Tower; and 1984-20, Contractor's Yard). All of these conditional uses have been discontinued for at least six (6) months and may now be revoked by the city per Section 20- 237 of City Code. On May 6, 2014, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the revocation of three (3) Conditional Use Permits (2003-08, 1997-05 and 1984-20). The Planning Commission conducted a public hearing on the proposed conditional use permits which 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 properties are currently zoned: a. Industrial Office Park (IOP) (CUP 2003-08) b. Agriculture Estate (A2) (CUP 1997-05) c. Agricultural Estate (A2) (CUP 1984-20) 2. The properties are guided by the Land Use Plan for: a. Office Industrial (CUP 2003-08) b. Residential Large Lot and Agriculture (1997-05) c. Residential Low Density (1984-20) 3. The legal description of the properties are described as: a. Lot 1, Block 1, Chanhassen Lakes Business Park 8`b Addition (PID: 252210010) (CUP 2003-08) b. P/O NWl/4 NEIA LYING SELY OF A LINE PARALLEL WITH & 33' SELY OF CENTER OF CO RD 10 LYING NWLY OF A LINE PARALLEL WITH & 350' SELY OF CENTERLINE & LYING NELY OF LINE DESC AS: COMM AT NW CORN NEIA TH E ON N LINE NEIA 310' TH S 328.58' TO CENTERLINE OF CO (PID: 250030210) (CUP 1997-05) c. P/O SW 1/4 SECT 10 DESC AS: COMM AT WI/4 CORN OF SECT 10 TH S1*E ON W LINE SW1/41213.4 FT TO PT OF BEG TH CONT S1*E ON W LINE SW 1/4 455.48' TH S 79*E 177.77' TH S86*E 100.40' TH S78*E 194.14' TH S74*E 150' TH S47*E 75.43' TH N82*E 74.98' TH S58*E 84.58'T (PID: 250101700) (CUP 1984-20). SCANNED 0 • 4. Conditional Use Findings: a. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or city. Finding: These three (3) conditional uses have not been in use on their properties for at least the past six (6) months, but most likely for much longer. The revocation of these CUPS will not be detrimental or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or city. b. Will be consistent with the objectives of the City's Comprehensive Plan and this chapter. Finding: The revocation of these CUPS is consistent with the City's Comprehensive Plan and complies with Chanhassen City Code. c. 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. Finding: There will not be any required alterations to any these properties for the revocation of their CUPs. Therefore, the appearance and existing or intended character of the neighborhoods in the general vicinity will not be changed. d. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: There will not be any required work done on these properties for the revocation of their CUPS. Therefore, there will not be any hazardous or disturbing conditions for existing or planned neighboring uses. e. 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. Finding: There will be no alternation in services required by the revocation of these CUPS. All of these properties are adequately serviced by the city or through services provided by the persons or agencies responsible for the property. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Finding: The use of public facilities and services will not be altered by the revocation of these CUPS. g. 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. 0 0 Finding: The revocation of these CUPS will not involve uses that have the potential to create any adverse conditions, as previously stated. h. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: Access by motorized vehicles to these properties is currently adequate and will not be altered by the revocation of these CUPs. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: The revocation of these CUPS will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. j. Will be aesthetically compatible with the area. Finding: These properties are currently aesthetically compatible with their areas and this compatibility will not be changed by the revocation of their CUPS. k. Will not depreciate surrounding property values. Finding: The revocation of these CUPs will not have any effect on the surrounding property values. 1. Will meet standards prescribed for certain uses as provided in this article. Finding: The revocation of these CUPS is consistent with City Code regarding Conditional Use Permits. 5. The planning report, Planning Case #2014-13, dated May 6, 2014, prepared by Drew Ingvalson, et al, is incorporated herein. The Planning Commission recommends that the City Council approve the Revocation of Conditional Use Permits 2003-08, 1997-05 and 1984-20, Planning Case #2014-13. ADOPTED by the Chanhassen Planning Commission this 6a' day of May, 2014. CHANHASSEN PLANNING COMMISSION Its Chairman CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2014-13 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, May 6, 2014, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall. 7700 Market Blvd. Thepurposeof this hearing is to consider a request for revocation of the following Conditional Use Permits: CUP 2003-08 to allow a food processing facility in an existing industrial office building located at 8170 Mallory Court CUP 1997-05 to allow the installation of a ham radio tower at 1905 Stoughton CU9Avenue4 to allow a contractors yard at 7300 Galpin Boulevard A plan showing the location of the proposal is available for public review on the City's web site at wwwci.chanhassen. mn.us/2014-13 or at City Hall during regular business hours.. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Robert Generous, Senior Planner Email: bgenerousC ci.chanhassen.mn.us Phone: 952-227-1131 (Published in the Chanhassen Villager on Thursday. April 24• No. ag40) Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) H -i3 Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No.Y-9 y o was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklmnopgrs n /Iz Laurie A. Hartmann Subscribed and swom before me on this�day of 2014 0 =WyN000?AWRM111a RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................ $31.20 per column inch Rate actually charged for the above matter .............................................. $12.59 per column inch SCANNED CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2014-13 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, May 6, 2014, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for revocation of the following Conditional Use Permits: • CUP 2003-08 to allow a food processing facility in an existing industrial office building located at 8170 Mallory Court • CUP 1997-05 to allow the installation of a ham radio tower at 1905 Stoughton Avenue • CUP 1984-20 to allow a contractors yard at 7300 Galpin Boulevard A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/2014-13 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Robert Generous, Senior Planner Email: beenerous(a)ci.chanhassen.mn.us Phone: 952-227-1131 (Publish in the Chanhassen Villager on April 24, 2014) Property Card Taxpayer Information Taxpayer Name KIM] GABOURY TRUST Mailing Address 1905STOUGHTON AVE CHASKA, MN 55318-2217 Property Address Address 1905STOUGHTON AVE City CHASKA, MN 55318 11 Parcel ID Number 250030210 Parcel Information Uses Res 1 unit GIS Acres 3.56 Tax Acres 3.50 Plat Lot Block P/O NWI A NEI A LYING SELY OF A LINE PARALLEL WITH & 33' SELY OF CENTER Tax Description OF CO RD 10 LYING NWLY OF A LINE PARALLEL WITH & 350' SELY OF CENTERLINE & LYING NELY OF LINE DESC AS: COMM AT NW CORN NEIA TH E ON N LINE NE1/4 310' TH S 328.58' TO CENTERLINE OF CO Building Information Building Style 1 STORY Finished Sq Ft 1214 Bedrooms 3 Year Built 1987 Other Garage Y Bathrooms 2.25 Miscellaneous Information School District Watershed District Homestead Green Acres Ag Preserve 0112 WS 060 LOWER MN RIVER Y N N Assessor Information Estimated Market Value 2013 Values 2014 Values Last Sale (Payable 2014) (Payable 2015) Land $94,500.00 $101,600.00 Date of Sale 12/11/1998 Building $138,400.00 $150,900.00 Sale Value $143,000.00 Total $232,900.00 $252,500.00 Qualified/ Q Unqualified Disclaimer. This information is to be used for reference purposes only. Carver County does not guaramee e,-.,a:c, of Ne material contained herein and is not responsible for misuse or misinterpretation. The preceding disclaimer is provided pomuant to Minnesota Statutes 466.03, Subd. 21 (2000), and the user of this service acknowledges that the County shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the County from any and all claims brought by User CARVER its employees or agents, or third paries which arse out of the users access or use of data provided. COUNTY Wednesday, April 16, 2014 Carver County, MN Page 1 of 1 0 Property Card Taxpayer Information Taxpayer Name THEODORE F 8 MARLENE M BENTZ Mailing Address 8596 POWERS PLACE CHANHASSEN, MN 55317-9390 Property Address Address 7300 GALPIN BLVD City EXCELSIOR, MN 55331 0 Parcel ID Number 250101700 Parcel Information Uses Agricultural GIS Acres 14.01 Res 1 unit Tax Acres 14.60 Plat Lot Block P/O SW1/4 SECT 10 DESC AS: COMM AT W114 CORN OF SECT 10 TH S1'E ON W Tax Description LINE SW1/4 1213.4 FT TO PT OF BEG TH CONT S1'E ON W LINE SW1/4 455.48' TH S 79'E 177.77' TH S86'E 100.40' TH S78`E 194.14' TH S74'E 150' TH S47'E 75.43' TH N82'E 74.98' TH S58'E 84.58'T Building Information Building Style 2 STORY Finished Sq Ft 2802 Bedrooms 5 Year Built 1881 Other Garage N Bathrooms 2.00 Miscellaneous Information School District Watershed District Homestead Green Acres Ag Preserve 0112 WS 064 RILEY PURG BLUFF Y Y N CREEK Assessorinfornation Estimated Market Value 2013 Values 2014 Values Last Sale (Payable 2014) (Payable 2015) Land $400,900.00 $429,200.00 Date of Sale 09/01/1995 Building $169,300.00 $176,300.00 Sale Value $0.00 Total $570,200.00 $605,500.00 Qualified/ U Unqualified Disclaimer This mformabon is to be used for reference purposes only. Carver County does not guarantee accuracy of the material ined herein and is not responsible for misuse or misinterpretation. The preceding disclaimer is provided pursuant to Minnesota wn aStautes 466.03. Subd. 21 (2000), and the user of this service acknowledges that the County shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnity, and hold harmless the County from any and all claims brought by User. CARVER its employees or agents, or third parties which arse out of the users access or use of data provided. COUNTY Wednesday, April 16, 2014 Carver County, MN Page 1 of 1 SCANNED Property Card Parcel ID N, 252210010 Taxpayer Information Taxpayer Name j• f;.r \i HFC REAL ESTATE CO LLC 5 Mailing Address �0< 5201 DOMINICK DR HOPKINS, MN 55343.8985 Property Address Address 8170 MALLORY CT CHANHASSEN, MN 55317 Parcel Information Uses Commercial GIS Acres 3.28 Industrial Tax Acres Plat CHANHASSEN LAKES BUS. PARK 8TH Lot 001 Block 001 Tax Description Building Style Year Built Building Information Finished Sq Ft Other Garage N Miscellaneous Information School District Watershed District Homestead 0112 WS 064 RILEY PURG BLUFF N CREEK Assessor Information Bedrooms Bathrooms Green Acres Ag Preserve N N Estimated Market Value 2013 Values 2014 Values Last Sale (Payable 2014) (Payable 2015) Land $544,800.00 $544,800.00 Date of Sale 12/17/2004 Building $1,778,600.00 $1,745,100.00 Sale Value $2,613,135.0 0 Total $2,323,400.00 $2,289,900.00 Qualified/ U Unqualified AM Disclaimer This !nfor matron is to be used for reference purposes only. Carver County does not guarantee accuracy of the material contained herein and is not responsible for misuse or misinterpretation. The preceding disclaimer is provided pursuant to Minnesota Statutes 466.03, Subd. 21 (2000), and the user of this service acknowledges that the County shall not be liable for any damages, and nilillill expressly waives all claims, and agrees to defend, indemnify, and hold harmless the County from any and all claims brought by User, CARVER its employees or agents, or third parties which arise out of the users access or use of data provided - COUNTY Wednesday, April 16, 2014 Carver County, MN Page 1 of 1 SCANNED i Meuwissen, Kim From: Ingvalson, Drew Sent: Wednesday, April 02, 2014 3:09 PM To: Meuwissen, Kim Subject: CUP Revocation Addresses Hi Kim, Below are the addresses for the CUPS that are being removed. 02, -Os Main Street Bakery Conditional Use Permit #93-05 Bakery - Property: 8170 Mallory Court - Tax payer: HFC Real Estate Co. LLC 5201 Dominick Drive Hopkins, MN 55343 Kubitz, Stephen Conditional Use Permit #97-05 Antenna Tower Property: 1905 Stoughton Avenue Tax payer: Kimi Gaboury Trust 1905 Stoughton Avenue Chaska, MN 55318 Bentz Contractor's Yard CUP #84-20, Contractor's Yard - Property: 7300 Galpin Blvd - Tax payer: Theodore F and Marlene M Bentz 8596 Powers Place Chanhassen, MN 55317-9390 Let me know if you need anything else. Thanks, Drew • mal4-13 SCANNED