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Variance & Conditional Use Permit Recording Transmittal 5-21-09 oq- 0'-1- CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 LETTER OF TRANSMITTAL DATE I JOB NO. 5/21/09 09-04 ATTENTION Sue Nelson RE: Document Recording TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ~ Attached 0 Under separate cover via the following items: o Shop drawings o Copy of letter o Prints o Change Order o Plans 0 Samples 0 Specifications o Pay Request 0 _ COPIES DATE NO. DESCRIPTION 1 5/11/09 09-04 Variance (Arboretum Tire & Auto Sign Variance) 1 5/11/09 09-04 Conditional Use Permit (Arboretum Tire & Auto LED Sign) THESE ARE TRANSMITTED as checked below: o For approval o For your use o As requested o Approved as submitted o Approved as noted o Returned for corrections o Resubmit copies for approval o Submit copies for distribution o Return corrected prints o For review and comment ~ For Recording o FOR BIDS DUE 0 PRINTS RETURNED AFTER LOAN TO US REMARKS COpy TO: Michael Schlangen SIGNE. --. If enclosures are not as noted, kindly notify us at once. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA VARIANCE 09-04 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following variance: The City Council approves Planning Case #09-04 for a sign variance from the individual dimension lettering requirement on property located at 8175 Hazeltine Boulevard. The granting of the variance is final. 2. Propertv. The variance 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 variance approval is subject to the following conditions: 1. The sign shall comply with standards for electronic message center signs as outlined in the City Code. 2. A sign permit must be applied for and approved prior to installation. 4. Lapse. If within one (1) year of the issuance of this variance the allowed construction has not been substantially completed, this variance shall lapse. Dated: May 11, 2009 1 CITY OF CHANHASSEN ~A BY: 'I AND: (SEAL) STATE OF lvIINNESOTA ) (ss COUNTY OF CARVER ) The foregoing ins1rument was acknowledged before me this l.B'*day of ~ ' 2009 by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the CIty of anhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. KAREN J. ENGElHARDT ,~ Notary Public-Minnesota My Commission Expires Jan 31. 2010 DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 2 EXHIBIT A LEGAL DESCRIPTION: The following described land situated in the County of Carver and State of Minnesota: Tract!: That part of Sections 1 and 2, Township 116, Range 23, described as follows: Beginning at a point in the East line of Section 2, Township 116, Range 23, distant 472.00 feet South of the Northeast comer of said Section 2; thence North along the East line of said Section 2 a distance of 97.00 feet; thence Northeasterly on a tangential curve to the right with a radius of 65.55 feet a distance of 47.76 feet; thence North 41 degrees 45 minutes East on a line tangent to said last described curve, a distance of 78 feet; thence Northerly on a tangential curve to the left with a radius of 152.4 feet a distance of 37.24 feet to a point which is the actual point of beginning of the tract of land to be described; last described curve being hereinafter designated and referred to as "Line A"; thence North 79 degrees 45 minutes West 250.02 feet; thence at right angle northeasterly 10 feet; thence at a right angle Southeasterly to the intersection of said line with the Northerly extension of aforesaid "Line A"; thence Southerly along said extension to the point of beginning. Tract 2: That part of Section 1 and 2, Township 116, Range 23 described as follows: Beginning at a point in the East line of Section 2 distant 472 feet South of the Northeast comer of said Section 2; thence North along the East Line of Section 2 a distance of 97 feet; thence Northeasterly on a tangential curve to the right with a radius of 65.55 feet, a distance of 47.76 feet; thence North 41 degrees 45 minutes East on a line tangent to last described curve, a distance of 78 feet; thence Northerly on a tangential curve to the left with a radius of 152.4 feet, a distance of37.24 feet; thence North 79 degrees 45 minutes West 330 feet, more or less, to the shore of Christmas Lake; thence Southwesterly along the shore of said Lake 150 feet to an intersection with a line bearing north 63 degrees 22 minutes West 326 feet, more or less from point of beginning; thence South 63 degrees 22 minutes East 326 feet, more or less to the point of beginning, excepting therefrom the following described premises, to -wit: That part of Sections 1 and 2, Township 116, Range 23, described as follows: Commencing at a point in the East Line of Section 2, distant 472 feet South of the Northeast comer of Section 2; thence North along the East line of Section 2 a distance of 97 feet; thence Northeasterly on a tangential curve to the right with a radius of 65.55 feet, a distance of 33 feet to the point of beginning; thence Southwesterly along said curve to said East line of Section 2; thence South along said East Line of Section 2, a distance of 97 feet; thence North 63 degrees 22 minutes West 326 feet, more or less, to the shore of Christmas lake; thence Northeasterly along the shore of said lake to the intersection with a line bearing north 72 degrees 10 minutes 39 seconds West from the point of beginning, thence South 72 degrees 10 minutes 39 seconds East to the point of beginning. Excepting therefrom that portion, if any, which lies below the natural ordinary low water mark, the State of Minnesota being the owner of all of said portion, if any, lying below the natural ordinary low water mark, it being recognized that said lake is a navigable public body of water, provided, however, that the applicants shall have the usual riparian rights that attach to land riparian to navigable public bodies of water incident to the ownership thereof. For the purposes of the descriptions of the above two tracts, the East Line of said Section 2, Township 116, Range 23, is assumed to be a due North and South line. According to the Government survey thereof. 3 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA CONDITIONAL USE PERMIT 09-04 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants the following Conditional Use Pennit: The City Council approves Planning Case #09-04 for a Conditional Use Permit to allow an electronic message center on a monument sign for Arboretum Tire and Auto, located at 8175 Hazeltine Boulevard. The granting of the Conditional Use Permit is final. 2. Property. The pennit 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: 1. The sign shall comply with standards for electronic message center signs as outlined in the City Code. 2. A sign permit must be applied for and approved prior to installation. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this pennit. 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 pennit is a criminal misdemeanor. Dated: May 11, 2009 1 CITY OF CHANHASSEN BY: ~A. (SEAL) STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this ,jliday Of'Yu.6 .. ,200.2, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the Ci~hassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ~ I -- KAREN J. ENGELHARDT I Notary Public-Minnesota My Commission Expires Jan 31. 2010 DRAFTED BY: City of Chanhassen P. O. Box 147 7700 Market Boulevard Chanhassen, MN 55317 (952) 227-1100 2 EXHIBIT A LEGAL DESCRIPTION: The following described land situated in the County of Carver and State of Minnesota: Tract!: That part of Sections 1 and 2, Township 116, Range 23, described as follows: Beginning at a point in the East line of Section 2, Township 116, Range 23, distant 472.00 feet South of the Northeast comer of said Section 2; thence North along the East line of said Section 2 a distance of 97.00 feet; thence Northeasterly on a tangential curve to the right with a radius of 65.55 feet a distance of 47.76 feet; thence North 41 degrees 45 minutes East on a line tangent to said last described curve, a distance of 78 feet; thence Northerly on a tangential curve to the left with a radius of 152.4 feet a distance of 37.24 feet to a point which is the actual point of beginning of the tract of land to be described; last described curve being hereinafter designated and referred to as "Line A"; thence North 79 degrees 45 minutes West 250.02 feet; thence at right angle northeasterly 10 feet; thence at a right angle Southeasterly to the intersection of said line with the Northerly extension of aforesaid "Line A"; thence Southerly along said extension to the point of beginning. Tract 2: That part of Section 1 and 2, Township 116, Range 23 described as follows: Beginning at a point in the East line of Section 2 distant 472 feet South of the Northeast comer of said Section 2; thence North along the East Line of Section 2 a distance of 97 feet; thence Northeasterly on a tangential curve to the right with a radius of 65.55 feet, a distance of 47.76 feet; thence North 41 degrees 45 minutes East on a line tangent to last described curve, a distance of 78 feet; thence Northerly on a tangential curve to the left with a radius of 152.4 feet, a distance of37.24 feet; thence North 79 degrees 45 minutes West 330 feet, more or less, to the shore of Christmas Lake; thence Southwesterly along the shore of said Lake 150 feet to an intersection with a line bearing north 63 degrees 22 minutes West 326 feet, more or less from point of beginning; thence South 63 degrees 22 minutes East 326 feet, more or less to the point of beginning, excepting therefrom the following described premises, to -wit: That part of Sections 1 and 2, Township 116, Range 23, described as follows: Commencing at a point in the East tine of Section 2, distant 472 feet South of the Northeast comer of Section 2; thence North along the East line of Section 2 a distance of 97 feet; thence Northeasterly on a tangential curve to the right with a radius of 65.55 feet, a distance of 33 feet to the point of beginning; thence Southwesterly along said curve to said East line of Section 2; thence South along said East Line of Section 2, a distance of 97 feet; thence North 63 degrees 22 minutes West 326 feet, more or less, to the shore of Christmas lake; thence Northeasterly along the shore of said lake to the intersection with a line bearing north 72 degrees 10 minutes 39 seconds West from the point of beginning, thence South 72 degrees 10 minutes 39 seconds East to the point of beginning. Excepting therefrom that portion, if any, which lies below the natural ordinary low water mark, the State of Minnesota being the owner of all of said portion, if any, lying below the natural ordinary low water mark, it being recognized that said lake is a navigable public body of water, provided, however, that the applicants shall have the usual riparian rights that attach to land riparian to navigable public bodies of water incident to the ownership thereof. For the purposes of the descriptions of the above two tracts, the East Line of said Section 2, Township 116, Range 23, is assumed to be a due North and South line. According to the Government survey thereof. 3