Revocation Letter 6-8-09
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
WNW,ci. chanhassen.m n. us
June 8, 2009
CERTIFIED MAIL
Mr. Jacques Gibbs
Nick's Storage and Parking
6921 Beach Road
Eden Prairie, MN 55344
Re: Revocation of CUP Amendment for Nick's Storage & Parking
Located at 1900 Stoughton Avenue - Planning Case 08-10
Dear Jacques:
On October 13,2008, the Chanhassen City Council approved an amendment to
Conditional Use Permit #87-2 to permit a total of 60 outdoor storage spaces to be
located in Phase ill of the site, subject to conditions 1-15 (see Amended and Restated
CUP 87-2, IUP 92-1 attached).
Over the past eight months, staff has had numerous correspondences with you to
ensure the site is brought into compliance. However, no progress has been made to
date. As such, this application will be forwarded to the City Council with a
recommendation to revoke the Conditional Use Permit. The Amended and Restated
Conditional Use Permit 87-2, Planning Case 08-10, is scheduled for City Council
review for revocation on July 13, 2009.
The following conditions have not been met:
1. The 60 parking stalls for various vehicle storage shall be confined to the area
labeled Phase III in the staff report and the area shall have a gravel or grass
surface.
2. This condition has not been met.
3. The applicant shall provide 15 Black Hills Spruce along the fence line to
provide 100 percent screening of the outdoor storage area.
Verification required.
4. Drainage and utility easement is shown but must be revised to include:
a. Add ten feet of width for a total of 20 feet of easement between the drive
entrance and the pond easement.
b. Provide drainage and utility easement description and drawing.
c. Drainage and utility easement must cover entire 944 contour on the east
side of the pond.
This condition has not been met. Drainage and Utility Easement has not
been submitted to the City for recording.
Chanhassen is a Community for Life. Providing for Today and Planning for Tomorrow
Mr. Jacques Gibbs
June 9,2009
Page 2
5. The pond must be completed no later than November 15. 2008.
Previous extension request extended installation deadline to May 18, 2009. This condition
has not been met.
6. A detailed erosion control plan will be needed. At a minimum, this plan shall include:
a. Erosion control blanket (category 3) on all slopes 3:1 or steeper. This includes the ponds.
b. Perimeter silt fence needs to be shown.
c. A re-vegetation plan for all disturbed areas. Deep-rooted woody vegetation is
encouraged north of the outdoor storage area.
d. An inspection of erosion control must be conducted prior to construction commencement.
This condition has not been met.
Please plan on attending the July 13,2009 City Council meeting. If you have any questions,
please feel free to contact me at (952) 227-1132.
Sincerely,
fip
Angie Kairies
Planner I
Enclosure
cc: CUP File 87-2
IUP File 92-1
Planning Case File 08-10
ec: Kate Aanenson, Community Development Director
Terry'Jeffery, Water Resources Coordinator
Joe Shamla, Project Engineer
g:\plan\2008 planning cases\08-1O nick's storage & parking\revocation notice.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
AMENDED AND REST A TED
CONDITIONAL USE PERMIT #87-2
INTERIM USE PERMIT #92-1
1. Permit. Subject to the terms and conditions set forth herein and with the Conditional
Use Permit 87-2/Interim Use Permit 92-1 recorded with Carver' County on April 23, 1992,
Document No. 134346, the City of Chanhassen hereby gi.-ants:
a) A Conditional Use Permit for a mini-storage facility.
b) Interim Use Permit for screened outdoor storage.
2. Property. The permit is for property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described as shown on the attached Exhibit A.
3. Conditions. The permit is issued subject to the following conditions:
a. The 60 parking stalls for various vehicle storage shall be confined to the area labeled Phase
ill in the attached Exhibit B and the area shall have a.gravel or grass surface.
b. The applicant shall provide 15 Black Hills Spruce along the fence line to provide 100 percent
screening of the outdoor storage. area.
1.. . The applicant shall submit a letter of credit to cover the cost of material installation and a
one-year warranty.
c. Drainage and utility easement is shown but must be revised to include:
1. Add ten feet of width for a total of 20 feet of easement between the drive entrance and the
pond easement.
2. Provide drainage and utility easement description and drawing.
3. Drainage and utility easement must cover entire 944 contour on the east side of the pond.
d. Update sheet 2 of 2 skimmer detail to show a berm elevation of 744.
e. Plans and report must be signed by a registered engineer registered in the state of Minnesota.
f. Security of $12,000 must be provided to the City for the construction of the pond and
maintenance of erosion control.
g. The pond must be completed no later than November 15,2008.
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h. A detailed erosion control plan will be needed. At a minimum, this plan shall include:
1. Erosion control blanket (category 3) on all slopes 3:1 or steeper. This includes the ponds.
2. Perimeter silt fence needs to be shown.
3. A re-vegetation plan for all disturbed areas. Deep-rooted woody vegetation is encouraged
north of the outdoor storage area.
4. An inspection of erosion control must be conducted prior to construction commencement.
1. Any additional development to Parcel A or Parcel B shall require additional stormwater
ponding. (This would include Phase ill of Parcel A).
J. The 60 outdoor storage units shall not increase the hard surface coverage on the site.
k. The outdoor storage shall be removed from the site upon completion of Phase ill of the mini-
storage facility.
1. Sign 2, the ground low profile along Old Highway 212, must be removed.
m. Sign 4, the directional sign at the comer of Old Highway 212 and Stoughton A venue, must be
removed.
n. Sign 1, the entrance sign along Stoughton A venue:
1. Shall meet the definition of a ground low profile sign in that it must be in contact with the
ground;
2. May not exceed 64 square feet of sign display area;
3. May not be greater than 8 feet in height;
4. A sign permit must be approved prior to alterations and Signs 2 and 4 must be removed
prior to sign permit approval.
o. Sign 3, the pylon sign along Old Highway 212 - A sign permit must be approved prior to
alterations and Signs 2 and 4 must be removed prior to sign permit approval.
4. Termination of Permit. The City may revoke the permit following a public hearing for
viruhHon of thp tPnTIS ..f th1<:! TlPrn11t
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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.
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6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
Dated: October 13,2008
CITY OF CHANHASSEN
(SEAL)
AND:
Gerhardt, City Manager
STATE OF MINNESOTA )
( S8
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this.i7~ay Of~200 r,
by Thomas A. Furlong, Mayor, and by Todd Gerhardt, 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.
\
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KAREN J. ENGELHARDT'
Notary Public~Mlnnesota
My comm\Slllon ExpiJeS Jan 31, 2010
DRAFt'EDHY:
City of Chanhassen
P. O. Box 147
7700 Market Boulevard
Chanhassen, MN 55317
(952) 227-1100
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EXHIBIT A
All tbat part of tbe 5E 1/4 of the SW 1/4 of Section 34. Township 116. Range 23.
Carver County, Miiiiiesota. deacdb~cl as follows:
Commencing at the SE corner of said 5111/4 Section 34-116-23.running thence North
along 1/4 line to tbe South. line of right of way of Milwautt:e and St.
Louis Railway C~.,; thence Southwesterly along South line 0: said ~1ght of way
to South line of aaid Section 34; thence East along aa1d Sect10n line to
place of beginning. Being all that part of 5E 1/4 of SW 1/4 said Section lying
.Soutb of right of way of said Milwaukee and St. Louis Railway Co.. and con-
taining 2 1/2 acres.
AND
The SW 1/4 of tbe SE 1/4 of Section 34, Township 116, Range 23, lying southerly
of the Southeasterly right of way line of the Chicago and Northwestern Railway
COMpany. Carver C~unty. Minnesota. EXCEPTING therefrOM the following described
.parcels :
Parcell: A strip of land over and across the SW 1/4 of SE 1/4 Section
.34-116-23 being 53 feet in width on each side of center line of Trunk Highway
No. SI. and said .center line heing.deseribed as folIous: From a pOLnt o~ East
line of said Section dist~nt 874~8 feet Northerly from the Southeast earner of
said Section: thence running in a Southvesterly direction at an angle of 82'54'
with said Section line for.s distance of 1000.5 feet to a point; thenee deflect
to the right 9000' on curve Vitb delta angle of 51007' and radius of 716.8 feet
for a distance of 441.4 feet MOre or less to the East line of said SW 1/4.of SE
1/4; thence continuing on said curve for a distance of 272.6 feet to a point;
thence on a tangent to said curve for 4 distance of 272.6 feet to a point;
thence on a tangent to said curve for a distance of. 819.6 feet to a point;
thence deflect to the left on a 15000' curve with delta angle of 95026' and
radius of 383.1 feet for a distance of 393 feet MOre or less to the North and
South 1/4 line of said Section and there terMinating excepting therefrOM that
part of the right of way of Hinneapolis and St. Louis Railway Company which lies
within said strip.
. Parcel 2: Beginning at point 20~OO chains West from SE corner of said
Section 34 running thence North 4.06 chains to center of Chaska and Shakopee
'Road; thence South 64.30' Vest 8.93 -:.Ilaha; thence Beat 8.16 ebains to place
uf beginning. Containing i.6S acres.
Par~el 3: Commencing at SE corner of SW 1/4 of SE 1/4: thence North 4.0&
chains to center of Chaska and Sbakopee Road. the point of beginning of tract to
be conveyed herewith; thence South 64.30' Vest 170 feet to point of center of
said road; thence North and parallel to. East line of said Sll 1/4 of SE 1/4 to
South line of Trunk Highway No. 51; thence Southeasterly along South line Truck.
Highway No. 51 to point where saMe inter8ects East line of said SW 1/4 of. SE
1/4; thence South along said East line to place of beginning. Containing 1/2
acre. MOre or less.
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Parcel 4: Commencing at .the point of intersection of the East line of
the ~. 1/4 of the SE 1/4 of Section 34-116-23, and the Northerly right of way
line of U.S. Trunk Highway #21~. as the same presently exists and runs through
said SW 1/4 of SE 1/4 of Section 34, which said point of intersection is the
place of beginning of the land to be herein described; thence running
Northwesterly along said Northerly right of way line a distance of 292 feet to a
point thet:eon; thence turning and running East parallel to the South Section
line of Said Section 34. a distance of 329 feet. more or leas to the said East
. line of the SW 1/4 of ~he SE 1/4 of Section 34; thence turning and running Soutb
along said East line ~ distance of 312 feet MOre or lesa to the place of.
beginning,lying and ~ein& in tbe SW 1/4 of SE 1/4 of Section 34-116-23 and con-
taining 1.10 acres of land, more or leas. .
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