Signed IUP 23-03 (002)CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES
INTERIM USE PERMIT #2023-03
@j! Subject to the terms and conditions set forth herein, the City of Charrhassen
he."by gtana - interim use for a wholesale nursery for ten (10) years or
development of the site, whichever comes first'
prooertv. The permit is for the following described property ("subject property") in
the City of Chanhassen, Carver County, Minnesota:
Outlots D, E, F, G and H, Erhan Farm, Carver County, Minnesota, and
Lot l, Block l, Buttemut Ridge Addition, Carver County, Minnesota
Conditions. The permit is issued subject to the following conditions:
a. The applicant shall operate the nu$ery tree growing operation as shown in the Oak
Creek Nursery MaP dated |ADD022.
b. The applicant shall annually renew their nursery stock grower certification and
ptouidi the City a copy oftheir nursery stock grower certificate'
c. Hours of operation shall be from 7:00 am. 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
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the site for review and approval by the City prior to the commencement of wholesale
nursery oPerations.
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Any vehicle tracking onto public rights-of-way from the site shall be the
responsibitity ofthe property owner to remove and clean immediately after the
o".*n"", o, no tuto ti',* ihe same day of the occurrence' If the ciry is required to
remove and clean racking at any point from the site, the property owner shall
reimburse the city for any expense incurred to remediate the issue'
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l.
3.
g. All disubed areas shall be restored at the time of removal of the 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 trees; adding erosion control blankets
or other ground stabilizer; and watering and maintaining as needed.
h. No grading or planting is allowed within the first 20 feet of the Bluff Creek Primary
Corridor, nor within any wetlands or wetland buffer areas.
Permits from the appropriate regulatory agency must be obtained including but not
limited to the Minnesota Department of Agriculture, Minnesota Departrnent of
Health, Minnesota Pollution Control Agency, Riley Purgatory Bluff Creek
Watershed District and Carver County.
3. Termination of Permit. The City may revoke the permit following a public hearing
for violation of the terms of this permit.
Lapse. 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.
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Dated: March 20,2023
STATE OF MINNESOTA
COUNTY OF CARVER
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952)227-1100
CITY OF CHANHASSEN
Elise Ryan, Mayor
Laurie Hokkanen, City Manager
By:
By
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(
)
otary
T. MEUWISSENKIM
NOtary Public-Minnesota
Comnis$on ExPirB Jdr 31,2025
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its City Council.
The foregoing instrument was acknowledged before t. thiQ[Sv of March,
2023, W 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 granted by