Approval Letter 8-31-09
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
www.cLchanhassen.mn.us ec:
August 31, 2009
Bruno Silikowski
3615 Zircon Lane North
Plymouth, MN 55446
Re: Amendment to Auto Motorplex Site Plan - Planning Case #09-13
Dear Mr. Silikowski:
This letter is to confirm that on August 24, 2009, the Chanhassen City Council approved
the amendment to the site plan for Auto MotorPlex, Planning Case #09-13, permitting the
installation of decks in the locations highlighted in the staff report, subject to the
following conditions:
1. The development shall comply with the conditions and requirements of site plan
Planning Case #06-34.
2. The decks shall not encroach into or above any easements
3. Deck structures will require a building permit. Required submittal documents
include:
a. Design (and signature) by a professional, structural engineer.
b. Revised civil drawings by the respective design professional.
4. If decks/exterior balconies are to be constructed, the City will need to review the
plans to determine if a fire sprinkler head will be required under the deck/balcony.
Enclosed is a site plan agreement that must be executed by Bruno Silikowski. Note that
if there is a different property owner and/or mortgage holder on the property, they will
need to sign the consent(s) at the end of the agreement. Return the agreement to me for
City execution and recording at Carver County within 120 days of the approval (by
December 22, 2009). A copy of the executed agreement will be returned for your files.
If you have any questions or need additional information, please contact me at
(952) 227-1131 or bgenerous@ci.chanhassen.mn.us.
Robert Generous, AICP
Senior Planner
RG:ktm
Kate Aanenson, Community Development Director
Jerry Mohn, Building Official
Enclosure
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
CITY OF CHANHASSEN
SITE PLAN PERMIT #09-13
SPECIAL PROVISIONS
AGREEMENT dated August 24,2009, by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City"), and Bruno J. Silikowski (the "Developer").
1. Request for Site Plan Approval. The Developer has asked the City to approve an
amendment to the site plan for Auto MotorPlex, Planning Case #09-13, permitting the
installation of decks in the locations highlighted in the staff report (referred to in this Permit as the
"project"). The land is legally described as shown on the attached Exhibit C.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition
that the Developer enter into this Permit and furnish the security required by it.
3. Development Plans. The project shall be developed and maintained in accordance with the
following plans. The plans shall not be attached to this Contract. If the plans vary from the written
terms of this Permit, the written terms shall control. The plans are:
Plan A--Site Plan dated 10/19/06, prepared by Sathre-Bergquist, Inc.
Plan B-- Grading Plan dated 10/19/06, prepared by Sathre-Bergquist, Inc.
Plan C--Landscaping Plan dated October 27, 2006 prepared by Arteka Companies.
Plan D--Utility Plans dated 10/19/06, prepared by Sathre-Bergquist, Inc.
4. Time of Performance. The Developer shall install all required screening and landscaping
by October 1, 2010. The Developer may, however, request an extension oftime from the City. If
an extension is granted, it shall be conditioned upon updating the security posted by the Developer
to reflect cost increases and the extended completion date.
5. Security. To guarantee compliance with the terms of this Permit, the Developer shall
furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") as
specified in site plan permit 06-34. If the Developer requests a Certificate of Occupancy prior to
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the installation of site landscaping, then the developer shall provide to the city a letter of credit or
cash escrow in an amount sufficient to insure the installation of said landscaping.
PROCEDURES FOR
LETTER OF CREDIT REDUCTION
a. Requests for reductions of Letters of Credit must be submitted to the City in writing by
the Developer or his Engineer.
b. Partial lien waivers totaling the amount of the requested reduction shall accompany each
such request.
c. Any reduction shall be subject to City approval.
6. Notices. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at
the following address:
Mr. Bruno Silikowski
3615 Zircon Lane North
Plymouth, MN 55446 '
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by certified mail in care of the City Manager at the following address:
Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317,
Telephone (952) 227-1100.
7. Other Special Conditions. The amendment to the site plan for Auto MotorPlex,
Planning Case #09-13, permitting the installation of decks in the locations highlighted in the staff
report, plans prepared by Sathre-Bergquist, Inc., dated 10-19-2006, subject to the following
conditions:
a. The development shall comply with the conditions and requirements of site plan Planning
Case #06-34.
b. The decks shall not encroach into or above any easements
c. Deck structures will require a building permit. Required submittal documents include:
1) Design (and signature) by a professional, structural engineer.
2) Revised civil drawings by the respective design professional.
d. If decks/exterior balconies are to be constructed, the City will need to review the plans to
determine if a fire sprinkler head will be required under the deck/balcony.
8. General Conditions. The general conditions of this Permit are attached as Exhibit "B" and
incorporated herein.
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CITY OF CHANHASSEN
BY:
Thomas A. Furlong, Mayor
AND:
Todd Gerhardt, City Manager
DEVELOPER: Bruno Silikowski
BY:
Its
STATEOFMINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this_day of , 200_,
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.
NOTARY PUBLIC
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
20_ by Bruno Silikowski.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227-1100
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CITY OF CHANHASSEN
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SITE PLAN PERMIT
EXHIBIT "B"
GENERAL CONDITIONS
1. Right to Proceed. Within the site plan area, the Develo er may not grade or otherwise disturb
the earth, remove trees, construct improvements, or any buil~ings until all the following conditions
have been satisfied: 1) this agreement has been fully execut~d by both parties and filed with the
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City Clerk, 2) the necessary security and fees have been rece~ved by the City, and 3) the City has
issued a building permit in reliance on the foregoing conditions having been satisfied.
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2. Maintenance of site. The site shall be maintained in ac~ordance with the approved site plan.
Plants and ground cover required as a condition of site plan approval which die shall be promptly
replaced.
3. License. The Developer hereby grants the City, its agents, employees, officers and contractors
a license to enter the plat to perform all work and inspections deemed appropriate by the City in
conjunction with site plan development.
4. Erosion Control. Before the site is rough graded, and before any building permits are issued,
the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City. The
City may impose additional erosion control requirements if they would be beneficial. All areas
disturbed by the excavation and backfilling operations shall be reseeded forthwith after the
completion of the work in that area. Except as otherwise provided in the erosion control plan, seed
shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas
shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties
recognize that time is of the essence in controlling erosion. If the Developer does not comply with
the erosion control plan and schedule or supplementary instructions received from the City, the City
may take such action as it deems appropriate to control erosion at the Developer's expense. The
City will endeavor to notify the Developer in advance of any proposed action, but failure of the City
to do so will not affect the Developer's and City's rights or obligations hereunder. No development
will be allowed and no building permits will be issued unless there is full compliance with the
erosion control requirements. Erosion control shall be maintained until vegetative cover has been
restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a
need for erosion control, the City will authorize removal of the erosion control measures.
5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on
and off site, dirt and debris, including blow ables, from streets and the surrounding area that has
resulted from construction work by the Developer, its agents or assigns.
6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall
be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be
warranted for twelve (12) months from the time of planting. The Developer or his contractor(s)
shall post a letter of credit or cash escrow to the City to secure the warranties at the time of final
acceptance.
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7. Responsibility for Costs.
A. The Developer shall hold the City and its officers and employees harmless from claims
made by itself and third parties for damages sustained or costs incurred resulting from site
plan approval and development. The Developer shall indemnify the City and its officers
and employees for all costs, damages, or expenses which the City may payor incur in
consequence of such claims, including attorneys' fees.
B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit,
including engineering and attorneys' fees.
C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred
under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the
City may halt all development work and construction. Bills not paid within thirty (30) days
shall accrue interest at the rate of 8% per year.
8. Developer's Default. In the event of default by the Developer as to any of the work to be
performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer is first
gi ven notice of the work in default, not less than four (4) days in advance. This Contract is a
license for the City to act, and it shall not be necessary for the City to seek a Court order for
permission to enter the land. When the City does any such work, the City may, in addition to its
other remedies, assess the cost in whole or in part.
9. Miscellaneous.
A. Construction Trailers. Placement of on-site construction trailers and temporary job site
offices shall be approved by the City Engineer. Trailers shall be removed from the subject
property within thirty (30) days following the issuance of a certificate of occupancy unless
otherwise approved by the City Engineer.
B. Postal Service. The Developer shall provide for the maintenance of postal service in
accordance with the local Postmaster's request.
C. Third Parties. Third parties shall have no recourse against the City under this Permit.
D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds
for denial of building permits.
E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of
this Permit is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Contract.
F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a
building for which a building permit is issued on either a temporary or permanent basis until
the streets needed for access have been paved with a bituminous surface and the utilities
tested and approved by the city.
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G. Waivers/Amendments. The action or inaction ofthe City shall not constitute a waiver or
amendment to the provisions of this Contract. To be binding, amendments or waivers shall
be in writing, signed by the parties and approved by written resolution of the City Council.
The City's failure to promptly take legal action to enforce this Contract shall not be a waiver
or release.
H. Recording. This Permit shall run with the land and may be recorded against the title to the
property.
I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter arising,
available to City, at law or in equity, or under any other agreement, and each and every
right, power and remedy herein set forth or otherwise so existing may be exercised from
time to time as often and in such order as may be deemed expedient by the City and shall
not be a waiver of the right to exercise at any time thereafter any other right, power or
remedy.
J. Construction Hours. The normal construction hours under this contract shall be from 7:00
a.m. to 9:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such
activity allowed on Sundays or any recognized legal holidays. Operation of all internal
combustion engines used for construction or dewatering purposes beyond the normal
working hours will require City Council approval.
K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly
identify in the field and protect from alteration, unless suitable alternative sites are first
provided, the two soil treatment sites identified during the site plan process for each lot.
This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of
these sites shall render them as unacceptable and replacement sites will need to be located
for each violated site in order to obtain a building permit.
L. Compliance with Laws, Ordinances, and Regulations. In the development of the site plan
the Developer shall comply with all laws, ordinances, and regulations of the following
authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3. United States Army Corps of Engineers;
4. Watershed District;
5. Metropolitan Government, its agencies, departments and commissions.
M. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory
to the City that it has the authority of the fee owners and contract for deed purchasers too
enter into this Development Contract.
N. Soil Conditions. The Developer acknowledges that the City makes no representations or
warranties as to the condition of the soils on the property or its fitness for construction of
the improvements or any other purpose for which the Developer may make use of such
property. The Developer further agrees that it will indemnify, defend, and hold harmless
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the City, its governing body members, officers, and employees from any claims or actions
arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless
hazardous wastes or pollutants were caused to be there by the City.
o. Soil Correction. The Developer shall be responsible for soil correction work on the
property. The City makes no representation to the Developer concerning the nature of
suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist.
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EXHIBIT C
Legal Description
That part of the Southeast Quarter of Section 15, Township 116, Range 23, West of the
5th Principal Meridian described as follows:
Beginning at the Northeast comer of said Southeast Quarter thence on an assumed
bearing of North 89 degrees 00 minutes 25 seconds West along the North line of said
Southeast Quarter a distance of 2614.22 feet to the Northwest comer of said Southeast
Quarter; thence South 00 degrees 59 minutes 45 seconds East along the west line of said
Southeast Quarter a distance of 1766.11 feet; thence North 56 degrees 57 minutes 24
seconds East a distance of 669.01 feet; thence South 33 degrees 02 minutes 36 seconds
East a distance of 39.63 feet; thence Northeasterly along a non-tangential curce concave
to the Northwest having a radius of 1859.86 feet; a chord bearing North 49 degrees 43
minutes 26 seconds East of 394.93 feet; thence North 56 degrees 57 minutes 24 seconds
east, not to last described curve a distance of 323.97 feet; thence South 35 degrees 03
minutes 24 seconds West a distance of 22.98 feet; thence Southwesterly 120.34 feet along
a tangential curve to the right having a radius of 1959.86 feet; thence North 57 degrees 57
minutes 24 seconds East not tangent to the last described curve a distance of 1319.26 feet;
thence North 33 degrees 02 minutes 36 seconds West a distance of 12.50 feet; thence
North 56 degrees 57 minutes 24 seconds East a distance of 495.70 feet to the East line of
said Section 15; thence North 1 degree 15 minutes 22 seconds West a distance of 72.51
feel along the east line of said Section 15 to the point of beginning, according to the
Government Survey thereof,. Subject to easement for County State Aid Highway 17.
EXCEPT which lies Westerly of Bluff Creek, the centerline of said creek described as
follows:
Commencing at the Northwest comer of the Southeast Quarter of Section 15, Township
116, Range 23 West of the 5th principal Meridian; thence on an assumed bearing of South
89 degrees 00 minutes 25 seconds East, along the North line of said Southeast Quarter, a
distance of 718.45 feet to the point of beginning of the centerline to be described: thence
South 03 degrees 14 minutes 54 seconds West, a distance of 12.34 feet; thence South 12
degrees 17 minutes 21 seconds East a distance of 18.26 feet; thence South 86 degrees 42
minutes 32 seconds East, a distance of 66.41 feet; thence South 00 degrees 11 minutes 26
seconds East, a distance of 10.09 feet; thence South 26 degrees 53 minutes 49 seconds
East, a distance of 11.25 feet; thence South 04 degrees 40 minutes 40 seconds East, a
distance of 71.53 feet; thence South 08 degrees 34 minutes 33 seconds West, a distance
of 513.32 feet; thence South 01 degrees 27 minutes 58 seconds East, a distance of 148.78
feet; thence South 08 degrees 14 minutes 13 seconds West, a distance of 114.78 seconds;
thence South 30 degrees 49 minutes 36 seconds West, a distance of 256.50 feet; thence
South 30 degrees 12 minutes 30 seconds West, a distance of 95.70 feet; thence South 22
degrees 09 minutes 40 seconds East, a distance of 29.71 feet; thence South 10 degrees 54
minutes 04 seconds West, a distance of 55.44 feet; thence South 14 degrees 39 minutes
10 seconds East, a distance of 15.14 feet; thence South 22 degrees 30 minutes 14 seconds
West; a distance of 33.54 feet; thence South 08 degrees36 minutes 50 seconds West, a
distance of 40.11 feet; thence South 10 degrees 58 minutes 44 seconds West, a distance
of 16.30 feet; thence South 33 degrees 58 minutes 55 seconds East, a distance of 3.27 feet
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to the point on the Northerly line of the Milwaukee, St. Paul and pacific Railroad, said
point a distance of 586.57 feet Northeasterly of the Southwest corner of the above
described property, as measured along said Northerly Railroad line, and said line ther
terminating.
That part of the Southeast Quarter of the Northeast Quarter of Section 15, Township 116
Range 23 West of the 5th Principal Meridian described as:
Beginning in the Southeast corner of said Southeast Quarter of the Northeast Quarter;
thence on an assumed bearing of North 89 degrees 00 minutes 25 seconds West along the
south line of said Southeast Quarter of the Northeast Quarter a distance of 747.57 feet;
thence North 35 degrees 03 minutes 24 seconds East, a distance of 1.50 feet; thence
Northeasterly 1042.48 feet along a tangential curve to the right having a radius of 2814.79
feet to the East line of said Southeast Quarter of the Northeast Quarter; thence South 00
degrees 24 minutes 06 seconds East along the East line of said Southeast Quarter of the
Northeast Quarter a distance of 738.57 feet to the point of beginning, according to
Government Survey thereof. Subject to easement for County State Aid Highway No. 17.
Torrens Certificate No 24463
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CONSENT
Owners of all or part of the subject property, the development of which is governed by the
foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by
the provisions as the same may apply to that portion of the subject property owned by them.
Dated this _ day of
,200_
By
STATE OF MINNESOTA )
( ss
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
20_ , by
NOTARY PUBLIC
DRAFI'ED BY:
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, MN 55317
(952) 227 -11 00
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MORTGAGE HOLDER CONSENT
TO
SITE PLAN AGREEMENT
which holds a mortgage on the subject property, the development of which is governed by the
foregoing Site Plan Agreement, agrees that the Site Plan Agreement shall remain in full force and
effect even if it forecloses on its mortgage.
Dated this _ day of
,20_.
STATE OF MINNESOTA )
( ss.
COUNTY OF
)
The foregoing instrument was acknowledged before me this _ day of
20_, by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
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