Recorded Interim Use Permit 23-03 Recorded Document Number A758502Document Number: A758502
Filed and/or Recorded on
Mat 24, 2023 3iL3 PM
Office of the County Recorder/Registrar of Titles
Carver County, Minnesota
Kaaren Lewis, County Recorder
.,
Deputy DL
Document Recording Fees $ 46.00
CITY OI'CFIANHASSEN
CARVER AND HENNEPIN COUNTIES
INTERIM USE PERMIT #2023.03
fennit. Subject to the terms and conditions set fo(h herein, the Citv ofChanhassen
hereby grants an interim use for a wholesale nursery for ten ( l0) years or
development ofthe site, whichever comes first.
Pronertv. The pemrit is for the following descdbed property ("zubject property") in
the City of Chanhassen, Carver County, Minnesota:
Outlots D, E, F, G and H, Erhart Farm, Carver County, Minnesola' and
Lot I , Block 1, Buttemut Ridge Addition, Carver County, Minnesota
3. Conditioos. '[he permit is issued subject to the following conditions:
a. The applicant shall operatc the nursery tree growing operation as shown in the Oak
Creek Nursery Map datad 12119D022.
b. 'the applicant shall armually renew lheir nursery stock grower cedfication and
pmvide the City a copy ofthcir nursery stock gtower certificate.
c. Hours of operation shall be from 7:00 a.m. to 7:00 p.m' Monday - Friday; 9:00 a'm'
- 6:00 p.m. Saturday; and no Sunday operation.
d. The applicant shall provide the city oonslruction plans for the proposed accesses to
the site for review and approval by the city prior to rhe comrnencement of wholesale
nursery operations.
e. Any vehicle tracking onto public righs-of-way ftom the site shall be the
responsibility of the property owner to remove and clean immediately after the
o""u.t"n"", o, oo laler than the same day ofthe occurrence' If thc oity is required to
remove and cleatr tracking at any point from the site' the property owner shall
reimburse the city for any expense incurred to remediate the issue,
Document Tobl $ 46.00
Requesting Party: City of Chanhass€n
Pages:3
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4.
g. AJI disurbed areas shall be resored at the time of removal of the trce stock to
prevent site erosion. The applicant shall prcpate a detail or plan on how the lree
holes will be restored for City review and approval. The plan may include the
following: filling the hole with corunon excavatioq adding 6 inches oftopsoil;
adrling a specific seed mix or replanting with trees; adding erosion control blankets
or other gound stabilizer; and watering and mainraining as needed.
h. No grading or planting is allowcd within the first 20 feet of lhe BIuff Creek Primary
Conidor, nor within any wetlands or wetland buffer areas,
Terminetion of Permit. The City may revoke the permit following a public hearing
for violation of the terms of this pcrmit.
Lause, If within one year ofthe issuance of this pennit the authorized construction
as not been substantially completed or the use comtnenced, this pemit shall lapse,
unlqss an extension is grantcd in accordance with the Chanhassen Zoning
Ordinance.
Criminal Penrltv. Violation of the terms of this corditional use permit is a criminal
misdemeanor,
5.
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i. Permits from the appropriate regulalory agency must be obtained including but not
limited to the Minnesota Department of Agricultue, Minnesota Deparrnent of
Health, Minnesota Pollution Control Agency, Riley Purgatory Bluff Creek
Watershed District and Carver County.
Dated: March 20, 2023
CITY OF CHANHA"SSEN
Elise Ryan, Mayor
I aurie Hokkanen City Manager
By:
STATE OFMINNESOTA
COIJN'TY OF CARVER
its City Cruncil.
DRAFTED BY:
City of Chanlussen
7700 Market Boulevard
P.O. Box 147
Chaobassen, MN 55317
(9s2)22?-rtm
ss
)
(
)
The foregoing insrnrment was acknowledged before me thiS[Sy of rrrarctr,
2023, W Elise Ryan, Mayor, and Laurie Hokkanen, City Manager, of Ore City of Chanhassen, a
Minnesota municipal corporatioq on behalf of the corporation and pursuant to authority granled by
otary
KIMT.
Notary
Codfit$lon ErPft3 Jan 31,2925
3
By:
I
CITY OF CHANHASSEN
CARVER AND HENNEPIN COI.'NTIES
INTERIM USE PERMIT #2023-03
!qi! Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby granls an interim use for a wholesale nursery for ten (10) years or
development of fte site, whichever comes first.
Prooertv. The permit is for the following described property ("zubject property") in
the City of Chanhassen, Carver County, Minnesota:
Outlots D, E, F, G and H, Erhart Farm, Carver County, Minnesota, and
Lot I, Block I, Buttemut Ridge Addition, Carver County, Minnesota
3. Condillqm. The permit is issued subject to the following conditions:
a. The applicant shall operate the nursery tree growing operation as shown in the Oak
Creek Nursery Map dated 1211912022.
b. The applicant shall annually renew their nursery stock gtower certification and
provide the City a copy oftheir nursery stock grower certificate.
c. Hours of operation shall be from 7:00 a-m. to 7:00 p.m. Monday - Friday; 9:00 a.m.
- 6:00 p.m. Saturday; and no Sunday operation.
d. The applicant shall provide the city construction plans for the proposed accesses to
the siie for review and approval by the City prior to the commencement of wholesale
nursery operations.
2
e Any vehicle tracking onto public rights-of-way from the site shall be the
responsibility ofthe property owner to remove and clean immediately after the
ocCu.."nce, ot no later than the same day ofthe occurrence. Ifthe city is required to
remove and clean mcking at any point from the site, the property owner shall
reimburse the city for any expense incurred to remediate the issue.
I
g. All distubed areas shall be restored at the time of removal ofthe tree stock to
prevent site erosion. The applicant shall prepare a detail or plan on how the tree
holes will be restored for City review and approval. The plan may include the
following: filling the hole with common excavation; adding 6 inches of topsoil;
adding a specific seed mix or replanting with rees; adding erosion control blankets
or other ground stabilizer; and watering and maintaining as needed.
h. No grading or planting is allowed within the fim 20 feet of the BluffCreek Primary
Corridor, nor within any wetlands or wetland buffer areas.
Permir from the appropriate regulatory agency must be obtained including but not
limited to the Minnesota Departrnent of Agdculture, Minnesota Departrnent of
Health, Minnesota Pollution Conuol Agency, Riley Purgatory BluffCreek
Watershed District and Cawer County.
3.7 of Permit. The City may revoke the permit following a public hearing
for violation of the terms of this permit.
!3pg9. If within one year of the issuance of this permit the authorized construction
as not been substantially completed or the use commenced, this permit shall lapse,
unless an extension is granted in accordance with the Chanhassen Zoning
Ordinance.
Criminal Penaltv. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
{.
!.
)
Dated: March 20,2023
r'
CITY OF CHANHASSEN
Elise Ryan, Mayor
Laurie Hokkanen, City Manager
By
By:
4
STATE OF MINNESOTA
COLTNTY OF CARVER
its City Cormcil.
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 5 53 I 7
(9s2)227-1100
SS
)
(
)
The foregoing instrument was acknowledged before r. tt iQdhv of March,
2023, by Elise Ryan, Mayor, and Laurie Hokkanen, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to authority $anted by
otary
J
TKIM
Notary 202531,Jai