CAS-23_CONDITIONAL USE PERMIT REVOCATIONS0 0
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CITY OF CHANHASSEN
CARVER & HENNEPIN
COUNTIES
NOTICE OF PUBLIC
HEARING
PLANNING CASE NO. 2016-23
NOTICE IS HEREBY GIVEN
that the Chanhassen City Council
will hold a public hearing on
Monday, November 14, 2016 at
7:00 p.m. in the Council Cbrimbers
in Chanhassen City Hall, 7700
Market Blvd. The purpose of this
hearing is to consider revocation
of the following Conditional Use
Permits (CUP):
CUP 1985-01 to allow a
wholesale nursery at 9150 Great
Plains Boulevard
CUP 1987-03 to allow 63-
frot amateur radio tower at 6400
Chanhassen Road
CUP 2DOl-04 to allow a
horse stable located at 1560 Bluff
Creek Drive
A plan showing the location
of the proposal is available
for public review on the City's
web site at wwwci.chanhassen.
mn.us/2016-23 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.
MacKenzie Walters, Assistant
Planner
Email: mwalters@
ci.chanhassen.mn.us
Phone: 952-227-1132
(published in the Chanhassen
Villager on Thursday, November
3.20l& No. 4365)
0 0
Affidavit of Publication
Southwest Newspapers
State of Minnesota)
)SS.
County of Carver )
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 ciffie facts herein stat -d as follows:
(A) These newspapers have complied with the requirements constituting qualification as a legal
newspaper, as provided by Minnesota Statute 33 1 A.02, 33 1 A.07, and other applicable laws, as
amended.
(B) The printed public notice that is attached to this Affidavit and identified as No.
was published on the date or dates and in the newspaper stated in the attached Notice and mid
Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
the newspaper spmified. 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:
abedefghbklmopqrstuvwxyz
Laun, A Hartmann
Subscribed and sworn before me on
I j
this JL_�_day of
_AjnL�016
N �ic *lite
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space .... $31.20 M column inch
Maximern rate allowed by law for the above matta ................................ $31.20 per column inch
Rate actually charged for the above matter .............................................. S 12.59 per column inch
1 1%
3CANINED
93
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L A
CAMPBELL KNUTSON
December 30,2016
Ms. Jenny Potter
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
Re: Miscellaneous Recordings
Dear Ms. Potter:
Please find enclosed, for the City's files, the following recorded documents:
I Resolution Revoking Conditional Use Permit 2001-04 for a Horse Stable
recorded on December 5, 2016 as Document No. A637960; and
2. Resolution Revoking Conditional Use Permit 1985-01 for a Wholesale Nursery
recorded on December 5, 2016 as Document No. A637959.
Thank you.
Very truly yours,
CAMPBELL KNUTSON
Professional Association
Jean or U�L) ;t�
/jM0
Enclosures
190708YI
0
STATE OF MINNESOTA
ss
COUNTY OF CARVER
Document0o. A637959
OFFICE OF THE COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Recorded on -December 05, 2016 4:29 PM
Fee: S46.00
CERTIFICATION
David Frischmon
637959 County Recorder
1, Kim T. Meuwissen, duly appointed and acting Deputy Clerk for the City of Chanhassen,
Minnesota, do hereby certify that I have compared the foregoing copy of Resolution No.
2016-77 "Revoking Conditional Use Permit #1985-01 for a Wholesale Nursery"
adopted by the Chanhassen City Council on November 14, 2016 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 sea] at Chanhassen, Minnesota, this 160' day
of November, 2016.
Drafted By:
City of Chanhassen
P.O. Box 147
Chanhassen, MN 55317
A)IMA- 0 A_h��
K)rn T. Meuwissen, Deouty Clerk
"y1i
SEAL
�� 1� SOANNr�r-
0
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: November 14,2016 RESOLUTION NO: 2016-77
MOTION BY: T*ornhom SECONDED BY: —Ryan
A RESOLUTION REVOIUNG
CONDITIONAL USE PERMIT #1985-01 FOR
A WHOLESALE NURSERY
WHEREAS, the subject property, located at 9150 Great Plains Blvd, received a
conditional use permit for a wholesale nursery on February 4, 1985, Conditional Use Permit
#1985-01;and
WHEREAS, Conditional Use Permit #1985-01 was recorded in the Office of the County
Recorder in Carver County, Minnesota, as Document No. 69596 on February 12,1985; and
WHEREAS, as part of the proposed Foxwood subdivision the property has been rezoned
from Agricultural Estate District to Residential Low and Medium Density District; and
WHEREAS, Section 20-233(c) stipulates it is a condition of every conditional use
permit that property for which the permit is issued not be subdivided or the lot lines of the
property altered; and,
WHEREAS, the City Council approved the subdivision of the property on June 27,
2016; and,
WHEREAS, the City Council, after notice and public hearing, reviewed Conditional Use
Permit # 1985-01 for 9150 Great Plains BLVD (PID: 25-0232 100), respectively; and
NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby
revokes Conditional Use Permit #1985-01.
Passed and adopted by the Chimha scn City Council this November 14, 2016.
ATTEST:
Odd Gerhardt, City Manager
YES NO
Laufenburger None
Campion
McDonald
Ryan
Tjornhorn
Denny LaAenburger,'Mayor U
ABSENT
None
0 0
CAMPBELL KNUTSON
December 30,2016
Ms. Jenny Potter
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
Re: Miscellaneous Recordings
Dear Ms. Potter:
Please find enclosed, for the City, s files, the follox%ing recorded documents:
I Resolution Revoking Conditional Use Permit 2001-04 for a Horse Stable
recorded on December 5, 2016 as Document No. A63 7960; and
2. Resolution Revoking Conditional Use Permit 1985-01 for a Wholesale Nursery
recorded on December 5, 2016 as Document No. A637959.
Thank you.
Very truly Yours,
CAMPBELL KNUTSON
Professional Association
Jean N"I or/19
/jM0
Enclosures
190709VI
Document N&6637960
OFFICE OF THE COUNTY RECORDER
CARVER COUNTY� MINNESOTA
Recorded on -December 05, 2016 4:29 PM
Fee: $46.00
CERTIFICATION
STATE OF MINNESOTA )
) ss
COUNTY OF CARVER )
David Frischmon
637960 County Recorder
I, Kim T. Meuwissen, duly appointed and acting Deputy Clerk for the City of Chanhassen,
Minnesota, do hereby certify that I have compared the foregoing copy of Resolution No.
2016-78 "Revoking Conditional Use Permit #2001-04 for a Horse Stable" adopted by
the Chanhassen City Council on November 14, 2016 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 16" day
of November, 2016.
Drafted By:
City of Chanhassen
P.O. Box 147
Chanhassen, MN 55317
Kirrt�. Meuwissen, Deput*�-�erk
0
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: November 14,2016 RESOLUTION NO: 2016-78
MOTION BY: Tiornhom SECONDED BY: Ryan
A RESOLUTION REVOIUNG
CONDITIONAL USE PERMIT #2001-04 FOR
A HORSE STABLE
WHEREAS, the subject property, located at 1560 Bluff Creek Drive, received a
conditional use permit for a horse stable on July 9, 200 1, Conditional Use Permit #2001-04; and
WHEREAS, Conditional Use Permit #2001-04 was recorded in the Office of the County
Recorder in Carver County, Minnesota as Document No. A299214 on October 30, 200 1; and
WHEREAS, city staff visited the subject property and spoke with the property owner of
the site to verify compliance with the conditions of the conditional use permit and discovered
that the conditional use was not present on the property; and
WHEREAS, the horse stable conditional use has not been taking place on the property
for over six (6) months; and
WHEREAS, City Code Section 20-236 states, "if the conditional use is discontinued for
six (6) months, the conditional use permit shall become void; and
WHEREAS, the City Council, after notice and public hearing, reviewed Conditional Use
Permit #2001-04 for 1560 Bluff Creek Drive (PID: 25-0262100), respectively; and
NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby
revokes Conditional Use Permit #2001-04.
Passed and adopted by the Chanhassen City Council this November 14, 2016.
ATTEST:
todd Gerhardt, City Manager
YES NO
Laufenburger None
Campion
McDonald
Ryan
Tjornhom
De.=nny La q- 0-0n--b��gW Mayor
ABSENT
None
November 15, 2016
0 0
CITY OF C HANHASSE N
Chanhassen is a Community for Life- Providing forToday and Planning forTomorrow
James D. & Jennifer J Wilson
5730 Yancy Avenue
New Germany, MN 55367
Re: Conditional Use Permit #1985-01 Wholesale Nursery
Dear Mr. and Ms. Wilson:
This letter is to confirm that on November 14, 2016, the Chanhassen City Council revoked the
Conditional Use Permit #1985-01 for a wholesale nursery at 9150 Great Plains Blvd.
If you have any questions or need additional information, please contact me at (952) 227-1132 or
mwalters@ci.chanhassen.mn.us.
Sincerely,
MacKenzie Walters
Assistant Planner
G:\PLAN\2016 Planning Cases\2016-23 Revocation of Conditional Use Pennits\CUP 1985-01 Revocatim Letter.doc
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PH 952.227.1100 - www.d.chanhassenan.us - FX952.227.1110
7700 MARKET BOULEVARD - PO BOX 147 - CHANHASSEN - MINNESOTA 55317
0
0
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: November 14,2016 RESOLUTION NO: 2016-77
MOTION BY: Tiornhom SECONDED BY: Ryan
A RESOLUTION REVOEING
CONDITIONAL USE PERMIT #1985-01 FOR
A WHOLESALE NURSERY
WHEREAS, the subject property, located at 9150 Great Plains Blvd, received a
conditional use permit for a wholesale nursery on February 4, 1985, Conditional Use Permit
#1985-01; and
WHEREAS, Conditional Use Permit #1985-01 was recorded in the Office of the County
Recorder in Carver County, Minnesota, as Document No. 69596 on February 12, 1985; and
WHEREAS, as part of the proposed Foxwood subdivision the property has been rezoned
from Agricultural Estate District to Residential Low and Medium Density District; and
WHEREAS, Section 20-233(c) stipulates it is a condition of every conditional use
Permit that property for which the permit is issued not be subdivided or the lot lines of the
property altered; and,
WHEREAS, the City Council approved the subdivision of the property on June 27,
2016; and,
WHEREAS, the City Council, after notice and pubhc hearing, reviewed Conditional Use
Permit #1985-01 for 9150 Great Plains BLVD (PID: 25-0232100), respectively; and
NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby
revokes Conditional Use Permit #1985-01.
Passed and adopted by the Chanhassen City Council this November 14, 2016.
ATT'EST:
Xdd Gerhardt, City Manager Denny Laul'enburger,Mayor
YES NO ABSENT
Laufenburger None None
Campion
McDonald
Ryan
Tjornhom
CERTIFICATION
STATE OF MINNESOTA )
) ss
COUNTY OF CARVER )
0
1, Kim T. Meuwissen, duly appointed and acting Deputy Clerk for the City of Chanhassen,
Minnesota, do hereby certify that I have compared the foregoing copy of Resolution No.
2016-77 "Revoking Conditional Use Permit #1985-01 for a Wholesale Nursery"
adopted by the Chanhassen City Council on November 14, 2016 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 16'b day
of November, 2016.
ALA- �YM v j �L-��
KArn T. Meuwissen, Deotrt� Clerk
7--
0
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: November 14, 2016 RESOLUTION NO: 2016-78
MOTION BY: Tiornhorn SECONDED BY: Ryan
A RESOLUTION REVOKING
CONDITIONAL USE PERMIT #2001-04 FOR
A HORSE STABLE
WHEREAS, the subject property, located at 1560 Bluff Creek Drive, received a
conditional use permit for a horse stable on July 9, 2001, Conditional Use Permit #2001-04; and
WHEREAS, Conditional Use Permit #2001-04 was recorded in the Office of the County
Recorder in Carver County, Minnesota as Document No. A299214 on October 30,2001; and
WHEREAS, city staff visited the subject property and spoke with the property owner of
the site to verify compliance with the conditions of the conditional use permit and discovered
that the conditional use was not present on the property; and
WHEREAS, the horse stable conditional use has not been taking place on the property
for over six (6) months; and
WHEREAS, City Code Section 20-236 states, "if the conditional use is discontinued for
six (6) months, the conditional use permit shall become void; and
WHEREAS, the City Council, after notice and public hearing, reviewed Conditional Use
Permit #2001-04 for 1560 Bluff Creek Drive (PID: 25-0262 100), respectively; and
NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby
revokes Conditional Use Permit #2001-04.
Passed and adopted by the Chanhassen City Council this November 14, 2016.
ATTEST:
tdd City Manager
YES NO
Laufenburger None
Campion
McDonald
Ryan
Tjomhorn
Y&AAI��
ab
Denny Zaq'kabu'rger, MZyor
ABSENT
None
[OLD] 114 11 j COEN #[Q zi
STATE OF MINNESOTA )
) ss
COUNTY OF CARVER )
0
1, Kim T. Meuwissen, duly appointed and acting Deputy Clerk for the City of Chanhassen,
Minnesota, do hereby certify that I have compared the foregoing copy of Resolution No.
2016-78 "Revoking Conditional Use Permit #2001-04 for a Horse Stable" adopted by
the Chanhassen City Council on November 14, 2016 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 sea] at Chanhassen, Minnesota, this 10 day
of November, 2016.
k�-Iuv-k -A
Kim)T. Meuwissen, Deput'�erk
MEMORANDUM
0
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CITY OF CHANHASSEN
Chanhassen is a Community fbr Ufe - Pmviding forToday and Planning forTomorrow
TO: Todd Gerhardt, City Manager
FROM: MacKenzie Walters, Assistant Planner
DATE: November 14,2016 W
SUBJ: Revocation of Conditional Use Permits
PROPOSED MOTION:
"City Council approves the resolutions revoking Conditional Use Permits
#1985-01 and #2001-04, and adopts the attached Findings of Fact and
Decision."
City Council approval requires a simple majority vote.
BACKGROUND
Staff, as part of compliance reviewlinspections, has determined that the following conditional use
permits have not been in operation for more than six (6) months or that the properties have been
rezoned such that the existing conditional use is no longer permitted. Staff is proposing to revoke
these conditional use permits to eliminate unnecessary staff inspections. Upon inspection of the
properties whose conditional use permits have expired, staff has found that they are all being used
as perinitted by their respective zoning districts.
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 (City Code Section 20-237) or the discontinued use of the conditional use for six (6) months
(City Code Section 20-236), shall constitute sufficient cause for the revocation of the conditional
use permit. The revocation of a conditional use permit is a quasi-judicial decision.
Staff is recommending that City Council revoke two (2) Conditional Use Permits (#1985-01, and
#2001-04). One of these conditional uses (#2001-04) has not been used in the past six (6)
months, making it void per Section 20-236 of the city code, and one (#1985-01) applies to a
property which has been subdivided which violates the condition placed on every CUP by
Section 20-233(c) and constitutes cause for revocation under Section 20-237.
PH 952.227.1100- www.ci.chanhassen.mn.us - FX952.227.1110
7700 MARKET BOULEVARD - PO BOX 147 - CHANHASSEN - MINNESOTA 55317
Notice of this public hearing has been mailed to all property owners within 500 feet.
CONDITIONAL USE PERMIT #1985-01
LOCATION: 9150 Great Plains Boulevard
(PID: 25-0232100)
OWNER: James D. & Jennifer J. Wilson
5730 Yancy Avenue
New Germany, MN 55367
PRESENT ZONING: Agricultural Estate District (A-2)
2030 LAND USE PLAN: Residential Low Density
ACREAGE: 38.85 acres DENSITY: N/A
0 0
On February4,1985, the City Council approved Conditional Use Permit#1985-01 to allow a
wholesale nursery, subject to conditions (Attachment #2). On June 27, 2016 the City Council as
part of Planning Case #2016-13, the City Council approved a Conditional Use Permit for
development in the Bluff Creek Overlay District (BCOD), rezoning from Agricultural Estate
District (A-2) to Residential Low and Medium Density (RLM), and a 46 lot, six outlots and
public right-of-way preliminary plat with variance for the use of a private street and a 20 -foot
setback variance from the Bluff Creek Primary zone subject to the conditions of approval
(Attachment #3). Section 20-233(c) makes it a condition of every condition use permit that the
property not be subdivided. Conditional Use Permit #1985-01 should have been revoked as part
of the rezoning. Since that did not occur, it can now be revoked under Section 20-237 as the
subdivision was a violation of the conditions placed upon the conditional use permit. Letters
informing the property owner of the revocation of Conditional Use Permit #1985-01 were sent
on October 26, 2016.
(Staff report continued on the next page)
0
CONDITIONAL USE PERMIT #2001-04
LOCATION: 1560 Bluff Creek Drive
(PID: 25-0262100)
TAX PAYER: Durene Klinglehutz
1560 Bluff Creek Drive
Chaska, MN 55318
PRESENT ZONING: Agricultural Estate District (A-2)
2030 LAND USE PLAN: Residential Low Density
ACREAGE: 34.71 acres DENSITY: N/A
L 'I
A
On July 9, 2001 the City Council approved Conditional Use Permit # 2001-04 for two accessory
buildings and a horse ring, subject to conditions (Attachment #8). From conversations with the
property owner staff has determined that horses have not been kept on the property for over six
(6) months. Letters informing the property owner of the revocation of Conditional Use Permit
#2001-04 were sent on October 26, 2016.
ANALYSIS
One of the conditional uses (#2001-04) has not been used in the past six (6) months. This
conditional use permit has 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."
The conditions placed on the other Conditional Use Permit (#1985-01) by Section 20-233(c)
were violated when the property was subdivided and the conditional use permit should have been
voided at that time as stipulated by Section 20-237.
Procedurally, the city must take the void conditional use permits through the public hearing
process to have them revoked. Both property owners have been mailed a letter informing them
that their conditional use permit has become void due to their discontinued use or the subdivision
of property, respectively, and that their conditional use permit will be officially revoked by the
Chanhassen City Council on November 14, 2016 following a public hearing.
RECOMMENDATION
Staff recommends that the City Council approve resolutions revoking Conditional Use Permits
#1985-01 and #2001-04.
ATTACHMENTS
1. Findings of Fact and Decision for CUP 1985-01.
2. Conditional Use Permit #1985-01.
3. Conditional Use Permit #2016-13.
4. CUP #1985-01 Void Letter.
5. Resolution for CUP #1985-01.
6. Public Hearing Notice Affidavits of Mailing for CUP 1985-01.
7. Findings of Fact and Decision for CUP 2001-04.
8. Conditional Use Permit #2001-04.
9. CUP #2001-04 Void Letter.
10. Resolution for CUP #2001-04.
11. Public Hearing Notice Affidavits of Mailing.
GAPLAN\2016 Planning Cams\2016-23 Revocation of Conditional Use PerraiWCC Staff Report
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
The revocation of Conditional Use Permit #1985-01 for a Wholesale Nursery. On February 4,
1985, the City Council approved Conditional Use Permit #1985-01 for a wholesale nursery at the
subject property. Section 20-233(c) makes it a condition of every condition use permit that the
property not be subdivided. On June 27, 2016 the City Council approved the subdivision of this
parcel. Conditional Use Permit #1985-01 should have been revoked as part of the subdivision
process. Since that did not occur, it can now be revoked under Section 20-237 as the subdivision
was a violation of the conditions placed upon the conditional use permit. Letters informing the
property owner of the revocation of Conditional Use Permit #1985-01 were sent on October 26,
2016.
On November 14, 2016, the Chanhassen City Council met at its regularly scheduled meeting to
consider the revocation of Conditional Use Permit #1985-01. The City Council conducted a
public hearing on the proposed conditional use permit, which was preceded by published and
mailed notice. The City Council heard testimony from all interested persons wishing to speak
and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Agricultural Estate (A-2).
2. The property is guided by the Land Use Plan for Residential Low Density.
3. The legal description of the property is:
The East Half of the East Half of the South Half of the Southeast Quarter, and the Southeast
Quarter of the Northeast Quarter of the Southeast Quarter of Section 23, Township 116,
Range 23.
And also that part of the North Half of the Southwest Quarter of Section 24, Township 116,
Range 23, lying southerly of the north 730 feet as measured along westerly line thereof and
lying westerly of the center line of State Highway No. 101, the centerline of which is
described as follows: Beginning at the point on the North line of the Southwest Quarter of
Section 24, Township 116, range 23, a distance of 632.52 feet east of the Northwest comer of
the Southwest Quarter; the bearing of the North line of the Southwest Quarter is assumed to
be South 88 degrees 46 minutes 29 seconds east. Thence South 4 Tangential curve, concave
to the east radius of 1962.29 feet a distance of 393.62 feet. Thence South 7 degrees 13
minutes 34 seconds East tangent to the last described curve, a distance of 217.65 feet thence
on a tangential curve, concave to the west having a central angle of 14 degrees 29 minutes 17
seconds and a radius of 1166.15 feet a distance of 294.88 feet, more or less, to a point on the
South line of the North Half of the Southwest Quarter of Section 24, and there terminating
0
0
said point distance 660.44 feet easterly of the Southwest comer of the North Half of the
Southwest Quarter.
All in Carver County, Minnesota, and subject to all easements of record. (9150 Great Plains
Blvd)
(PID: 25-0232100).
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: The conditional use is not allowed by the new zoning. The revocation of the
conditional use permit 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 the conditional use permit 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 alteration to the property for the revocation of
the conditional use permit. Therefore, the appearance and existing or intended character
of the neighborhood 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 the property for the revocation of
the conditional use permit. 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 alteration in services required by the revocation of the
conditional use permit. The property is 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
the conditional use permit.
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.
Finding: The revocation of the conditional use permit 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 the property is currently adequate and will not
be altered by the revocation of the conditional use permit.
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 the conditional use permit 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: The property is currently aesthetically compatible with their surrounding area
and this compatibility will not be changed by the revocation of their conditional use
permit.
k. Will not depreciate surrounding property values.
Finding: The revocation of the conditional use permit 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 the conditional use permit is consistent with City Code
regarding Conditional Use Permits.
5. The staff report, Planning Case 2016-23, dated November 14, 2016, prepared by MacKenzie
Walters, is incorporated herein.
DECISION
E
The City Council approves the revocation of Conditional Use Permit #1985-01, Planning
Case 2016-23.
ADOPTED by the Chanhassen City Council this November 14, 2016.
CITY OF CHANHASSEN
(SEAL)
BY:
Denny Laufenburger, Mayor
CERTIFICATION
STATE OF MINNESOTA
COUNTY OF CARVER
I, Karen J. Engelhardt, duly appointed, qualified and acting
Deputy Clerk for the City of Chanhassen, Minnesota, do hereby
certify that I have compared the foregoing copy of Conditional
Use Permit for Mark VanHoef & Jim Wilson for a wholesale nursery
with the original copy, now on file in my office, and have found
the same to be a true and correct copy thereof and as approved by the
City Council.
Witness my hand and official seal at Chanhassen, Minnesota,
this . llth day of February 1 19 85 .
r w lowle Pod '/'o M
Pk-iardt, Deputy-C-1—erk
r, I. —
LP
0 0
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
CONDITIONAL USE PERMIT
1. Permit. Subject to the terms and conditions set
forth herein, the City of Chanhassen hereby grants a conditional
use permit for: Mark VanHoef and Jim Wilson for a wholesale
nursery.
2. Property. The permit is for the following described
property in the City of Chanhassen, Carver County, Minnesota:
See attached Exhibit "A".
3. Conditions. The permit is issued subject to the
following conditions:
1. The site plan stamped "Received January 21, 1985" as on file
in the City Planner's Office and indexed as Planning Case
#85-1.
4. Termination of Permit. The City may revoke the
permit following a public hearing under any of the following
circumstances: material change of condition of the neighborhood
where the use is located; violation of the terms of the permit.
I
0 0
5. Criminal Penaltv. Violation of the terms of this
conditional use permit is a criminal misdemeanor.
Dated: '?
4 /qg�—
CITY OF CHANHASSEN
By:
I s mayor
By:
Its Clerk
STATE OF MINNESOTA)
) ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
day of 19_Lr, by Thomas L. Hamilton,
Mayor, and Don Ashworth, City Manager of the City of Chanhassen,
a Minnesota municipal corporation, on behalf of the corporation.
c4p 1 "�"
�Wwwl R- 1 11 1
N KAREN J. ENGELHARDT
I NO�AAY PUBLIC - MINNESOTA
'191 CAFivtR COUNTY
my �P"�s oct, 11 1906
M6 41
0 0
EXHIBIT "A"
The East Half of the East Half of the South Half of the Southeast
Quarter, and the Southeast Quarter of the Northeast Quarter of
the Southeast Quarter of Section 23, Township 116, Range 23.
And also that part of the North Half of the Southwest Quarter of
Section 24, Township 116, Range 23, lying southerly of the north
730.00 feet as measured along westerly line thereof and lying
westerly of the centerline of State Highway 101, the centerline,
of which is described as follows: Beginning at a point on the
North line of the Southwest Quarter of Section 24, Township 116,
Range 23, a distance of 632.52 feet east of the Northwest corner
of said Southwest Quarter; the bearing of the North line of the
Southwest Quarter is assumed to be South 88 degrees 46 minutes 29
seconds East. Thence South 4 degrees 24 minutes 47 seconds West,
a distance of 413.72 feet, thence on a tangential curve, concave
to the east having a central angle of 11 degrees 38 minutes 21
seconds and a radius of 1962.29 feet a distance of 393.62 feet.
Thence South 7 degrees 13 minutes 34 seconds East tangent to the
last described curve, a distance of 217.65 feet thence on a
tangential curve concave to the west having a central angle of 14
degrees 29 minutes 17 seconds and a radius of 1166.15 feet a
distance of 294.88 feet, more or less, to a point on the South
line of the North Half of the Southwest Quarter of Section 24 and
there terminating said point distance 660.44 feet easterly of the
Southwest corner of the North Half of the Southwest Quarter.
All in Carver County, Minnesota and subject to all easements of
record.
4K,( 1�
v- I
DOCUMENTNO.
OFFICE OF COUNTY RECORDER
STATE OF MINNESOTA
COUNTY OF CARVER
This is to certify that this document
was filed in this office on the IaNaY
of-lLb--1925-A.D. at R*.2
,0_o1clock
and was duty recorded on roll
_,,)—of microfilm pageAAL.-"s
Carl W. Hanson Jr.
�Co�nty _:-�
Recorder
ue'
by(?n�'ty���
E
0
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES
CONDITIONAL USE PERMIT #2016-13
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:
For the Foxwood residential development project to develop within the Bluff Creek
Overlay District.
2. Property. The permit is for the following -described property located at 9150 and
9250 Great Plains Boulevard ("subject property") in the City of Chanhassen, Carver County,
Minnesota:
Foxwood Addition, Carver County, Minnesota
3. Conditions. The permit is issued subject to the following conditions:
a. Infiltration basin 1131 located north of Lots 10, 11, 16 and 17 of block 1 shall be
evaluated for methods to reduce tree loss.
b. The Bluff Creek Overlay District Boundaries shall be shown to be incidental with the
boundaries of Outlots A and C.
c. Any grading within the Bluff Creek Overlay District must be restored with native
vegetation. A planting schedule and vegetation maintenance plan of at least 3 years
shall be provided to the city for review and approval.
d. Signage will be required at every lot comer and angle point along the private lots
adjacent to the BCOD. The sign language shall be provided by the city and the signs
shall be at the developer's expense. These signs shall be placed by the developer prior
to selling any of the lots.
4. Termination of Permit. The City may revoke the permit following a public
hearing for violation of the terms of this permit.
0
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: June 27, 2016
(SEAL)
STATE OF MINNESOTA
(ss
COUNTY OF CARVER
CITY OF CHANHASSEN
Lo
0
Denny Laufenburger, Mayor
Todd Gerhardt� City Manager
The foregoing instrument was acknowledged before me this ---jday of
2016, by Denny Laufenburger Mayor and Todd Gerhardt, 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.
DRAFTED BY:
City of Chanhassen
P.O. Box 147
7700 Market Boulevard
Chanhassen, MN 55317
(952) 227-1100
2
Notary Public
October 26, 2016
0
CITY OF CHANHASSEN
Chanhassen is a Community for Life - Providing forbday and Planning forTomorrow
James D. & Jennifer J Wilson
5730 Yancy Avenue
New Germany, MN 55367
Re: Conditional Use Permit #1985-01 Wholesale Nursery
Dear Mr. and Ms. Wilson:
As part of the Foxwood development approved on June 27th, the city recognizes that a wholesale
nursery will not no longer be a permitted use at 9150 Great Plains Blvd. This nursery was
provisionally allowed through the Conditional Use Permit (CUP) #85-01. The conditional use
permit for this property has become void as a wholesale nursery is not a permitted use in RLM
zoning. The city will be revoking this conditional use permit at the November 14, 2016 City
Council Meeting.
Thank you for your cooperation and if you have questions or concerns, please contact me at 952-
227-1132 or mwalters@ci.chanhassen.mn.us.
Sincerely,
MacKenzie Walters
Assistant Planner
PH 952.227.1100- wwwAchanhassen.mus - FX952.227.1110
7700 MARKET BOULEVARD - PO BOX 147 - CHANHASSEN - MINNESOTA 55317
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: November 14,2016
MOTION BY:
RESOLUTION NO: 2016 -
SECONDED BY:
A RESOLUTION REVOKING
CONDITIONAL USE PERMIT #1985-01 FOR
A WHOLESALE NURSERY
WHEREAS, the subject property, located at 9150 Great Plains Blvd, received a
conditional use permit for a wholesale nursery on February 4, 1985, Conditional Use Permit
#1985-01;and
WHEREAS, Conditional Use Permit #1985-01 was recorded in the Office of the County
Recorder in Carver County, Minnesota, as Document No. 69596 on February 12, 1985; and
WHEREAS, as part of the proposed Foxwood subdivision the property has been rezoned
from Agricultural Estate District to Residential Low and Medium Density District; and
WHEREAS, Section 20-233(c) stipulates it is a condition of every conditional use
permit that property for which the permit is issued not be subdivided or the lot lines of the
property altered; and,
WHEREAS, the City Council approved the subdivision of the property on June 27,
2016; and,
WHEREAS, the City Council, after notice and public hearing, reviewed Conditional Use
Permit #1985-01 for 9150 Great Plains BLVD (PID: 25-0232100), respectively; and
NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby
revokes Conditional Use Permit #1985-01.
Passed and adopted by the Chanhassen City Council this November 14, 2016.
ATTEST:
Todd Gerhardt, City Manager Denny Laufenburger, Mayor
YES NO ABSENT
9 0
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
)ss.
COUNTY OF CARVER )
L Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on
November 3, 2016, 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 1985-01 (9150 Great Plains Boulevard)
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.
T. Meuwissen, Dep3b�erk
Subscribed and sworn to before me
this_,3__dayof 00yimbW _., 2016.
(�� iAA-
V6tary Public
!.".,,JENNIFER ANN POTTER
Notary Pubfic-mk"'O"a
my com� EWwjw31.2020
Notice of Public Hearing
Chanhassen City Council Meeting
Notice of Public Hearing
Chanhassen City Council Meeting
Monday, November 14, 2016 at 7:00 p.m. This hearing
Date & Time:
may not start until later in the evening, depending on the
order of the agenda.
�[o—cation.
City Hall Council Chambers, 7700 Market Blvd.
Request of revocation (per City Code section 20-237) of
Proposal:
the Conditional Use Permit 1985-01 allowing a wholesale
nursery.
Applicant:
City of Chanhassen
Property
9150 Great Plains Boulevard
Location:
A location map is on the reverse side of this notice.
--The
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 Mayor will lead the public hearing through the
What
following steps:
Happens at
1 . Staff will give an overview of the proposed project.
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 City Council
discusses the project.
If you want to see the documents before the meeting,
please visit the City's projects web page at:
www.ci.chanhassen.mn.us/2016-23. If you wish to talk
to someone about this request, please contact
MacKenzie Walters by email at
Questions &
mwalters(o)ci.chanhassen.mn.us or by phone at 952 -
Comments:
227-1132. If you choose to submit written comments, it
is helpful to have one copy to the department in advance
of the meeting. Staff will provide copies to the City
Council. The staff report for this item will be
available online on the project web site listed above
the Thursday prior to the City Council meeting.
NEW! Sign up to receive email and/or text notifications
when meeting agendas, packets, minutes and videos are
uploaded to the city's website. Go to
www.ci.chanhassen.mn.us/notifyme to sign up!
Notice of Public Hearing
Chanhassen City Council Meeting
Monday, November 14, 2016 at 7:00 p.m. This hearing
Date & Time:
may not start until later in the evening, depending on the
order of the agenda.
uo—cation:
City Hall Council Chambers, 7700 Market Blvd.
Request of revocation (per City Code section 20-237) of
Proposal:
the Conditional Use Permit 1985-01 allowing a wholesale
Applicant:
City of Chanhassen
Property
9150 Great Plains Boulevard
Location:
A location map is on the reverse side of this noti
--The
—purpose of this public hearing is to inform you abM
the applicant's request and to obtain input from the
neighborhood about this project. During the meeting,
the Mayor will lead the public hearing through the
What
following steps:
Happens at
1 . Staff will give an overview of the proposed project.
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 documents before the meeting,
please visit the City's projects web page at:
www.ci.chanhassen.mn.us/2016-23. If you wish to talk
to someone about this request, please contact
MacKenzie Walters by email at
Questions &
mwalters(a)ci.chanhassen.mn.us or by phone at 9521
Comments:
227-1132. If you choose to submit written comments', i
is helpful to have one copy to the department in advance
of the meeting. Staff will provide copies to the City
Council. The staff report for this item will be
available online on the project web site listed above
the Thursday prior to the City Council meeting.
NEW! Sign up to receive email and/or text notifications
when meeting agendas, packets, minutes and videos are
uploaded to the city's website. Go to
www.ci.chanhassen.mn.us/notifyme to sign up!
Taxpayer Name
Taxpayer Address
Taxpayer City -State -Zip
DAVID G DELFORGE
891 LYMAN BLVD
CHANHASSEN, MN 55317-9161
DANEILJ MUELLER
587 SUMMERFIELD DR
CHANHASSEN, MN 55317-7645
TIMOTHY S & TAMARA S MILLER
579 SUMMERFIELD DR
CHANHASSEN, MN 55317-7645
AUVANTE HOLDINGS LLC
595 SUMMERFIELD DR
CHANHASSEN, MN 55317-7645
ERIC W LORENTZSON
591 SUMMERFIELD DR
CHANHASSEN, MN 55317-7645
TIMOTHY M VICCHIOUL0
583 SUMMERFIELD DR
CHANHASSEN, MN 55317-7645
BRIAN EDDS
1575 SUMMERFIELD DR
CHANHASSEN, MN 55317-7645
FRANK T & MARY LOU WHALEY
851 LYMAN BLVD
CHANHASSEN, MN 55317-9161
GIANETTI PROPERTIES LLC
2899 HUDSON BLVD
ST PAUL, MN 55128-7100
PAUL C SCHNETTLER
599 SUMMERFIELD DR
CHANHASSEN, MN 55317-7645
LAURENE E FARRELL
801 LYMAN BLVD
CHANHASSEN, MN 55317-9161
DAVID R & MARY B BLANSKI
9350 GREAT PLAINS BLVD
CHANHASSEN, MN 55317-8642
PAUL D & CAROL L PAULSON
9250 GREAT PLAINS BLVD
CHANHASSEN, MN 55317-8641
SPRINGFIELD HOMEOWNERS ASSN
7100 MADISON AVE
GOLDEN VALLEY, MN 55427-3602
JAMES D & JENNIFER J WILSON REV TRUSTS
5730 YANCY AVE
NEW GERMANY, M N 55367-9327
ITIMOTHY A & DAWNE M ERHART
�9611 MEADOWLARK LN
CHANHASSEN, MN 55317-8695
Ll
0
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES , MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
The revocation of Conditional Use Permit #2001-04 for a Horse Stable. On July 9, 200 1, the City
Council approved Conditional Use Permit #2001-04 to allow a horse stable to be located on the
subject property. This conditional use permit has become void due to its discontinued use for at
least six (6) months and may now be revoked by the city per Section 20-236 and Section 20-237 of
City Code.
On November 14, 2016, the Chanhassen City Council met at its regularly scheduled meeting to
consider the revocation of Conditional Use Permit #2001-04. The City Council conducted a
public hearing on the proposed conditional use permit, which was preceded by published and
mailed notice. The City Council heard testimony from all interested persons wishing to speak
and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Agricultural Estate District (A-2).
2. The property is guided by the Land Use Plan for Residential Low Density.
3. The legal description of the property is:
Parcel "D"
That part of the South Half of the Northwest Quarter of the Southwest Quarter of Section 26,
Township 116, Range 23, and that part of the Southweast Quarter of the Southwest Quareter
of Said Section 26, which lies northeasterly of the centerline of Bulff Creek Drive as
dedicated to the Hesse Farms 2nd Addition, and easterly of a line drane paraleel with and
130.67 feet easterly of the west line of said Southwest Quarter. (1560 Bluff Creek Road)
(PID: 25-0262100).
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; The conditional use has not been in use on the property for at least the past six
(6) months. The revocation of the conditional use permit will not be detrimental or
endanger the public health, safety, comfort, convenience or general welfare of the
neighborhood or city.
0 0
b. Will be consistent with the objectives of the City's Comprehensive Plan and this chapter.
Finding: The revocation of the conditional use permit 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 alteration to the property for the revocation of
the conditional use permit. Therefore, the appearance and existing or intended character
of the neighborhood 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 the property for the revocation of
the conditional use permit. 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 the
conditional use permit. The property is 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
the conditional use permit.
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.
Finding: The revocation of the conditional use permit 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 the property is currently adequate and will not
be altered by the revocation of the conditional use permit.
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 the conditional use permit 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: The property is currently aesthetically compatible with their surrounding area
and this compatibility will not be changed by the revocation of their conditional use
permit.
k. Will not depreciate surrounding property values.
Finding: The revocation of the conditional use permit 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 the conditional use permit is consistent with City Code
regarding Conditional Use Permits.
5. The staff report, Planning Case 2016-23, dated November 16, 2016, prepared by MacKenzie
Walters, is incorporated herein.
DECISION
The City Council approves the Revocation of Conditional Use Permit #2001-04, Planning
Case 2016-23.
ADOPTED by the Chanhassen City Council this November 16, 2016.
CITY OF CHANHASSEN
(SEAL)
BY:
Denny Laufenburger, Mayor
0
10
Document No. OFFICE OF THE
A299214 COUNTYRECORDER
CARVFR COUNTY, MINNFS"TA
Filing Fee $ 20 00 Checidt 7961
Certified filed and recorded on 10-30-2001 at 12 30 DJ AXNOP
L
P
Carl W He
x
County R ord
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
CONDITIONAL USE PERM1T #20014
1, Per-ni. Subject to the terrus and conditions set forth herein, ft City of Chanhassen hereby
grants a conditionat use permit for the following use:
to allow construction within the Secondary Zone of Bluff Creek Overlay District in an A-2 District, for a
bam, shed and a horse ring
2, Emlawy. The permit is for property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described as follows!
Parcel "D"
That part of the South Half of the Northwest QUarter of the Southwest Quarter of Section 26, Township
116, Range 23, and that part of the Southwest Quarter of the Southwest Quarter of said Section 26, which
lies northeasterly of the centerfine of Bluff Creek Drive His dedicated on The Hesse Farms 2� Addition, and
easterly of a line drawn parallel with and 130.67 feet easterly of the west line of said Southwest Quarter.
(1560 Bluff Creek Road)
3. Condition . The permit is issued as shown oil the plans dated received June 20, 200 1,
subject to the following conditions:
a. The applicant enters into a conditional use permit agreement with the city.
b. All disturbed areas shall be revegetated with a combination of the native vegetation listed in the
Maple -Basswood Forest and Mesic Oak Forest communities of Appendix C of the Bluff Creek
Natural Resources Management Plan ("Bluff Creek Environmental Corridor Common Plant
Species of Natural Communities").
c. The applicant shall apply for a stable permit.
d. All disturbed drainage swale areas on the site shall maintain a minimum 2% slope.
e. Any importing or exporting of dirt will require a grading permit. Ne
E
0
0
4. Terminafinn of Pertnit. The City may revoke the permit following a public hearing for violation
of the terms of this permit,
5. LVsn� If within one year of the issuance of this per rait 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.
CITY OF CHANHASSEN
1 41
By.�
Linda C =1an i, or
n I' or
By:
o 0 Gerh
dd Gerhardt, Acting City Manager
STATE OF MINNESOTA
( Es
COUNTY OF CARVER
The foregoing instrument was acknowledged before me this A�Jday of
2001, by Linda C. Jansen, Mayor and Todd Gerhardt, Acting City Manager, of the Ctty�Chanassen. a
Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City
Council. — I I
— Nottyublic —
DRAFrED DY AAAAh'
Chy 'A Chanhassen
690 City CMEW DTiw ENGELRARD
Chanhassen. MN 55317 % Notry PAU - M1nnPsoj1a
31=5
(612)937�190D 16mycomrniswon 31=5
tlyvvvvvvvvlr... VV
1�
October 26, 2016
0 0
CITY OF C HANHASSE N
Chanhassen is a Community for Life -Providing forToday and Planning for Tomorrow
Durene D Klingelbutz
1560 Bluff Creek Drive
Chaska, MN 55318
Re: Conditional Use Permit #2001-04
Dear Ms. Klinglehutz:
The city recognizes that there arc no longer horses being stabled at 1560 Bluff Creek Drive,
provisionally allowed through the Conditional Use Permit (CUP) #2001-04. The conditional use
permit for this property has 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."
The city will be revoking this conditional use permit at the November 14, 2016 City Council
Meeting.
Thank you for your cooperation and if you have questions or concerns, please contact me at 952-
227-1132 or mwalters@ci.chanhassen.mn.us.
Sincerely,
A'a4&f,tc. lar'111016�
MacKenzie Walters
Assistant Planner
PH 952.227.1100 - www.d.chanhassen.mn.us - FX 952.227.1110
7700 MARKET BOULEVARD - PO BOX 147 - CHANHASSEN - MINNESOTA 55317
0
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: November 14,2016
MOTION BY:
RESOLUTION NO: 2016 -
SECONDED BY:
A RESOLUTION REVOKING
CONDITIONAL USE PERMIT #2001-04 FOR
A HORSE STABLE
WHEREAS, the subject property, located at 1560 Bluff Creek Drive, received a
conditional use permit for a horse stable on July 9, 2001, Conditional Use Permit #2001-04; and
WHEREAS, Conditional Use Permit #2001-04 was recorded in the Office of the County
Recorder in Carver County, Minnesota as Document No. A299214 on October 30, 2001; and
WHEREAS, city staff visited the subject property and spoke with the property owner of
the site to verify compliance with the conditions of the conditional use permit and discovered
that the conditional use was not present on the property; and
WHEREAS, the horse stable conditional use has not been taking place on the property
for over six (6) months; and
WHEREAS, City Code Section 20-236 states, "if the conditional use is discontinued for
six (6) months, the conditional use permit shall become void; and
WHEREAS, the City Council, after notice and public hearing, reviewed Conditional Use
Permit #2001-04 for 1560 Bluff Creek Drive (PID: 25-0262100), respectively, and
NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby
revokes Conditional Use Permit #2001-04.
Passed and adopted by the Chanhassen City Council this November 14, 2016.
ATTEST:
Todd Gerhardt, City Manager Denny Laufenburger, Mayor
YES NO ABSENT
0
CITY OF CHANHASSEN
E
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
)ss.
COUNTY OF CARVER )
1, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on
November 3, 2016, 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 2001-04 (1560 Bluff Creek Drive) 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 die 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.
AA
Kilim T. Meuwissen, De�uty Clerk
Subscribed and swom to before me
this 3 dayof tJoHw6w ,2016.
Potary Public
VAW�v
MiZf R �AtAp T"�
Nru
--tonesota
jk.'Notary Pubwir-ml 10
MY CMMWW r
:,Vo J., 31,2W
Notice of Public Hearing
Chanhassen City Council Meeting
Notice of Public Hearing
Chanhassen City Council Meeting
Monday, November 14, 2016 at 7:00 p.m. This hearing
Date & Time:
may not start until later in the evening, depending on the
order of the agenda.
Location:
City Hall Council Chambers, 7700 Market Blvd.
Request of revocation (per City Code section 20-236) of
Proposal:
the Conditional Use Permit 2001-04 allowing a horse
stable.
Applicant:
City of Chanhassen
Property
1560 Bluff Creek Drive
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 Mayor will lead the public hearing through the
What
following steps:
Happens at
1 . Staff will give an overview of the proposed project.
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 City Council
I—
discusses the project.
If you want to see the documents before the meeting,
please visit the City's projects web page at:
www.ci.chanhassen.mn.us/2016-23. if you wish to talk
to someone about this request, please contact
MacKenzie Walters by email at
Questions &
mwalters(a)ci.chanhassen.mn.us or by phone at 952 -
Comments:
227-1132. If you choose to submit written comments, it
is helpful to have one copy to the department in advance
of the meeting. Staff will provide copies to the City
Council. The staff report for this item will be
available online on the project web site listed above
the Thursday prior to the City Council meeting.
EW! Sign up to receive email and/or text notifications
N 1 Si
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Notice of Public Hearing
Chanhassen City Council Meeting
Monday, November 14, 2016 at 7:00 p.m. This hearing
Date & Time:
may not start until later in the evening, depending on the
order of the agenda.
Location:
City Hall Council Chambers, 7700 Market Blvd.
Request of revocation (per City Code section 20-236) of
Proposal:
the Conditional Use Permit 2001-04 allowing a horse
stable.
Applica t:
City of Chanhassen
Property
1560 Bluff Creek Drive
Location:
A location map is on the reverse side of this n t*
___ 0 '
vo�-The —purpose of this public hearing is to inform you a
the applicant's request and to obtain input from the
neighborhood about this project. During the meeting,
the Mayor will lead the public hearing through the
What
following steps:
Happensat
1 . Staff will give an overview of the proposed project.
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 documents before the meeting,
please visit the City's projects web page at:
www.ci.chanhassen.mn.us/2016-23. if you wish to talk
to someone about this request, please contact
MacKenzie Walters by email at
Questions &
mwaltersPci.chanhassen.mn.us or by phone at 952,
Comments:
227-1132. If you choose to submit written comments'O
is helpful to have one copy to the department in advance
of the meeting. Staff will provide copies to the City
Council. The staff report for this item will be
available online on the project web site listed above
the Thursday prior to the City Council meeting.
NEW! Sign up to receive email and/or text notifications
when meeting agendas, packets, minutes and videos are
uploaded to the city's website. Go to
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Taxpayer Name
Taxpayer Address
ITaxpayer City -State -Zip
DURENE D KLINGELHUTZ
1560 BLUFF CREEK DR
CHASKA, MN 55318-9519
JOHN TROG SR
1545 BLUFF CREEK DR
CHASKA, MN 55318-9519
JOHN WELLS
1505 BLUFF CREEK DR
CHASKA, MN 55318-9519
HEIDI R MOE
1425 BLUFF CREEK DR
CHASKA, MN S5318-9515
THOMAS L & SANDRA K CARAVELLI
6423 MERE DR
EDEN PRAIRIE, MN 55346-2311
MAXWELL F & JULIANE M TISCH
1600 WEST FARM RD
CHASKA, MN 55318-9507
ALBERT & KAREN M DORWEILER
1565 BLUFF CREEK DR
CHASKA, MN 55318-9519
TERRAIN HOLDINGS LLC
915 CASCADE DR
CHASKA, MN 55318-2687
STATE OF MINNESOTA -DOT
ROSEVILLE, MN 55113-3174
_1500WCOUNTYROADB2
BLUFF CREEK GOLF ASSOC
PO BOX 1060
CHANHASSEN, MN 55317-_1060
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