CUP Findings of Fact - Planning CommissionCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Tiger Investors LLC for a Conditional Use Permit (CUP).
The Planning Commission conducted a public hearing on the proposed conditional use permit
which was preceded by published and mailed notice. The Planning Commission heard testimony
from all interested persons wishing to speak and made the following Findings of Fact on the
remaining application.
FINDINGS OF FACT
1. Permit. On August 8, 2024, the city received a completed land use application for the
property legally described as Lot 10 & 11, Block 5, Chanhassen Lakes Business Park
(“Property”), requesting a conditional use permit for a contracting yard on the Property.
2. Property. The Property is currently zoned Industrial Office Park (IOP). The Property is
guided by the 2040 Land Use Plan for Office Industrial Use. Contracting yards are
considered a Conditional Use within the Industrial Office Park (IOP) zoning district.
3. Conditions. The permit is issued subject to the following conditions:
a) Equipment and supply storage must be screened or enclosed at all times by fencing or
vegetative screening. Screening shall comply with city code.
b) Vehicles/equipment shall be stored within an enclosed or screened area.
c) No unlicensed or inoperable vehicle/equipment shall be stored on-premises.
d) All chemicals shall be stored in proper storage facilities, specified by OSHA regulations.
e) The contractor shall be licensed, bonded, and insured.
f) All pavement surfaces must be repaired and maintain a quality level of condition, free
from potholes and crumbling.
g) The scope of the Contractors Yard may be increased if the amount of paved and screened
area is increased, up to the allowed amount according to the zoning district, Industrial
Office Park (IOP). Increase in impervious surface may require modifications and
alteration to the stormwater mitigations on site.
h) Two spruce trees, a minimum of 4 feet tall at planting measured from finished grade,
shall be planted along the driveway within the property, along the NW corner of the space
defined as contractor yard on the site plan Exhibit C.
i) It is the developer’s responsibility to ensure that permits are received from all other
agencies with jurisdiction over the project (i.e. Carver County, RPBCWD, Board of
Water and Soil Resources, MnDOT, etc.) prior to the commencement of construction
activities.
j) The applicant shall complete a wetland delineation onsite to confirm if the depressional
area is a jurisdictional wetland. If any area onsite is determined to be a jurisdictional
wetland then the applicant shall revise plans to meet all applicable city code regulations.
The Wetland delineation shall be completed within 3 months after the approval of the
Conditional Use Permit.
k) The applicant and their Engineer shall work with city staff in amending the construction
plans, dated May 31, 2024, and August 9, 2024 prepared by Moore Engineering Inc. to
fully satisfy construction plan comments and concerns within 6 months after the approval
of the Conditional Use Permit.
l) The applicant shall provide updated plans and models to demonstrate that the contractor’s
yard site is meeting water quality standards. A permanent BMP to manage the runoff
generated by the contractor’s yard is anticipated. These models shall be submitted as part
of all future submittals.
m) The applicant shall create a stormwater management plan approved by staff to describe
how the site is meeting city requirements including water quality and erosion control.
The stormwater management plan including site improvements shall be executed within
12 months after the approval of the Conditional Use Permit.
n) The developer shall enter into encroachment agreements for all existing and proposed
improvements located in public easements. The encroachment agreements shall be
recorded within 12 months after the approval of the Conditional Use Permit.
4. Termination of Permit. The city may revoke the permit following a public hearing for
violation of the terms of this permit. The city may institute any proper action or proceeding at
law or at equity to prevent violations of the within property, to restrain or abate violations of
the within permit, or to prevent use or occupancy of the Subject Property.
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.
RECOMMENDATION
The Planning Commission recommends that the City Council approves the Conditional Use
Permit.
ADOPTED by the Chanhassen Planning Commission this 17th day of September 2024.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
EXHIBIT A
PARCEL A LEGAL DESCRIPTION
Chanhassen Lakes Business Park, Block 5, Lot 11.
EXHIBIT B
PARCEL B LEGAL DESCRIPTION
Chanhassen Lakes Business Park, Block 5, Lot 10.
EXHIBIT C