CC Staff Report 8-25-08
CITY OF
CHANHASSEN
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
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
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
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MEMORANDUM
TO:
Paul Oehme, Director of Public Works/City Engineer
FROM:
Joseph Shamla, Project Engineer
DATE:
August 25,2008
o~.
SUBJ:
Approve Amendment "A" to Interim Use Permit for Site Grading
Planning Case 07-16
PROPOSED MOTION
"The City Council approves Amendment "A" dated August 25,2008 to the
interim use permit dated September 24,2008."
City Council approval requires a simple majority vote of the City Council
present.
The applicant has requested an extension to the interim use permit for site grading
and removal of topsoil from the site. The applicant secured the interim use permit
on December 20th 2007, but did not begin hauling until this spring. The plan is to
have most of the site grading completed by the date the permit expires, which is
September 24, 2008. The permit extension for next year is mainly for the removal
of topsoil.
As part of the original permit, topsoil was stripped in order to bring in good fill.
This topsoil is stockpiled onsite until a permanent offsite location is secured. The'
applicant will be required to seed the stockpile and install silt fence around the
perimeter of the topsoil stockpile to prevent erosion.
Normal working hours permitted by the City are 7:00 a.m. to 6:00 p.m. on
weekdays, 9:00 a.m. to 5:00 p.m. on Saturdays and no work on Sundays or legal
holidays. City staff has requested and the applicant has agreed to limit the hours
of operation to 8:00 a.m. to 5:00 p.m. weekdays, 9:00 a.m. to 5:00 p.m. on
Saturdays with no construction on Sundays or any legal holidays after September
24,2008. Since the majority of the work will be completed by September 24,
2008, staff feels that limiting the hours of operation will benefit the neighboring
home owners.
g:\plan\2007 planning cases\07-l6 klingelhutz iup\amendment a to the iup.doc
Chanhassen is a Community for Life. Providing for Today and Planning for Tomorrow
Attachment: Amendment "A" to Interim Use Permit 07-16 for Site Grading
c: Neil Klinglehutz, NTC Homes, Inc.
Jacob Wertz, Gateway Development, LLC.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
AMENDMENT "A"
TO INTERIM USE PERMIT
SITE GRADING 07-16
SPECIAL PROVISIONS
AGREEMENT dated August 25, 2008, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation ("City") and Neil Klingelhutz and Jacob
Wert, (the "Applicants").
1. BACKGROUND. The parties have previously entered into an interim use permit for
site grading dated September 24,2007 (the "Interim Use Permit"). The Interim Use Permit was
recorded on December 20,2007 as Carver County Abstract Document No. A476414.
2. EXTENSION OF INTERIM USE PERMIT. The Interim Use Permit shall remain
in full force and effect.
3. SPECIAL CONDITIONS. In addition to the terms and conditions outlined in the
interim use permit, the following special conditions shall apply to interim use permit 07-16:
A. The amendment is to stipulate that the City approves the extension of interim use
permit 07-16 until September 24,2009. Conditions of approval include the previous conditions
stated on the initial interim use permit, along with the following:
1. The topsoil stock pile shall be seeded within 14 days of inactivity. Silt fence shall be placed
around the perimeter for erosion protection.
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2. Working hours will be changed starting September 24,2008 to 8:00 a.m. to 5:00 p.m. on
weekdays, 9:00 a.m. to 5:00 p.m. on Saturdays, and no work allowed on Sundays or legal
holidays.
3. Haul routes be submitted to the City for approval.
4. RECORDING. The Interim Use Permit and this Addendum "A" shall be
recorded against Lot 1, Block 1, Gateway North, Carver County, Minnesota;
And,
Part of the NW 1;4 of the NW 1;4 of Section 24, Township 116, Range 23, Carver County,
Minnesota described as follows: Commencing at the NW comer of the NW the NW
comer of said Section 24; thence on an assumed bearing of South 89 degrees 19 minutes
43 seconds East along the North line of said NW 1;4 338.00 feet; thence South 25 degrees
26 minutes 43 seconds East 128.38 feet to a point on the centerline of State Highway
Number 101 said point being the point of beginning of the tract to be described; thence
westerly along said centerline along a non tangential curve that is concave to the north,
said curve having a central angle of 09 degrees 11 minutes 57 seconds, a radius length of
621.15 feet, an arc length of 99.73 feet, a chord bearing of South 74 degrees 12 minutes
13 seconds West and a chord length of 99.62 feet; thence South 79 degrees 38 minutes 53
seconds West along said centerline and tangent to last described curb 163.44 feet; thence
southwesterly along said centerline along a tangential curve, that is concave to the
southeast, said curve having a central angle of 19 degrees 36 minutes 53 seconds, a radius
length of 231.87 feet, an arc length of 79.38 feet; thence continuing southwesterly along
said centerline along a compound curve, that is concave to the southeast, said curve have
a central angle of 52 degrees 18 minutes 23 seconds, a radius length of 127.6 feet, an arc
length of 116.49 feet, a chord bearing of South 33 degrees 34 minutes 37 seconds West, a
chord length of 112.49 feet to the West line of said NW 1;4; thence south 00 degrees 01
minutes 33 seconds East along said centerline and along the West line of said NW 1;4
362.74 feet to the South line of the North 660 feet of the West Y2 of the NW 1;4 of said
Section 24; thence South 89 degrees 19 minutes 49 seconds East along said South line
430.13 feet to the westerly right-of-way line of Trunk Highway Number 312; thence
northeasterly along said westerly right-of-way line along a non tangential curve that is
concave to the southeast, said curve having a central angle of 11 degrees 42 minutes 56
seconds, a radius length of 350.00 feet, an arc length of 71.57 feet, a chord bearing of
North 64 degrees 07 minutes 43 seconds East a chord length of 71.44 feet; thence North
16 degrees 17 minutes 03 seconds East along said westerly right-of-way line and not
tangent to last described curve 360.83 feet; thence northerly along said westerly right-of-
way line along a non tangential curve that is concave to the east said curve having a
central angle of 17 degrees 30 minutes 47 seconds, a radius length of 981.48 feet, an arc
length of 300.00 feet, a chord bearing of North 20 degrees 48 minutes 18 seconds East, a
chord length of 298.83 feet to the North line of said NW 1;4; thence North 89 degrees 19
minutes 43 seconds West along said North line and not tangent to ljlst described curve
118.28 feet the centerline of State Highway Number 101; thence southwesterly along said
centerline along a non tangential curve that is concave to the northwest, said curve having
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a central angle of 20 degrees 33 minutes 03 seconds, a radius length of 621.15 feet, an arc
length of 222.79 feet, a chord bearing of South 59 degrees 19 minutes 43 seconds West, a
chord length of 221.60 feet to the point of beginning. This tract is subject to any and all
easements of record.
IN WITNESS WHEREOF this Addendum "A" was executed by the parties the day and
year first above written.
CITY OF CHANHASSEN
BY:
Thomas A. Furlong, Mayor
(SEAL)
AND:
Todd Gerhardt, City Manager
GA TEW A Y DEVELOPMENT, LLC
BY:
Its: Jacob Wert
NTC HOMES INC.
BY:
Its: Neil Klingelhutz
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STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this _ day of
2008, by Thomas A. Furlong and by Todd Gerhardt, respectively the Mayor and 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.
Notary Public
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2008, by Jacob Wert, Gateway Development, LLC., on behalf of said company.
Notary Public
The foregoing instrument was acknowledged before me this day of
2008, by Neil Klinglehutz, the President of NTC Homes, Inc., on behalf of said incorporation.
Notary Public
Drafted by:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
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