Variance Recording Document Transmittal 12-17-09
CITY OF CHANHASSEN
PLANNING DEPARTMENT
7700 Market Boulevard
P.O. Box 147
CHANHASSEN, MN 55317
(952) 227-1100 FAX (952) 227-1110
TO: Campbell Knutson, PA
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
lETTER OF TRANSMITTAL
DATE I JOB NO.
12/17/09 09-19
ATTENTION
Sue Nelson
RE:
Document RecordinQ
WE ARE SENDING YOU
[8J 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 12/14/09 09-19 Amended and Restated Conditional Use Permit #90-3 for 115-foot
telecommunication tower - Outlot B, Stone Creek First Addition
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THESE ARE TRANSMITTED as checked below:
o Resubmit copies for approval
o For approval
o For your use
o As requested
o Approved as submitted
o Approved as noted
o Submit copies for distribution
o Return corrected prints
o For review and comment [8J For Recording
o Returned for corrections
o FOR BIDS DUE 0 PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO: Mr. Doug Ruwe, American Tower Corporation
Merle and Jane Volk
<..
SIGNED:
If enclosures are not as noted, kindly notify us at once.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
AMENDED AND RESTATED
CONDITIONAL USE PERMIT #90-3
PLANNING CASE #09-19
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby grants an amended and restated conditional use permit for the following use which replaces
Conditional Use Permit 90-3:
A Conditional Use Permit for a lIS-foot tall, telecommunication tower
2. Property. The permit is for property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described as Outlot B, Stone Creek First Addition.
3. Conditions. The permit is issued to American Tower Company and Merle and Jane
V olk subject to the following conditions:
a. The tower and antennas shall comply with the requirements in Chapter 20, Article
XXX, Towers and Antennas of the Chanhassen City Code.
b. A building permit is required for equipment pad and LP gas storage tank pad.
c. A mechanical permit is required for connection (gas piping) of LP storage tank to LP
gas generator.
d. The plans must be signed by appropriate design professionals.
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e. No sign age, advertising or identification of any kind intended to be visible fromthe
ground or other structures is permitted, except applicable warning and equipment
information signage required by the manufacturer or by Federal, State, or local
authorities.
4. Severability. In the event any provision of this permit shall be held invalid, illegal, or
unenforceable by any court or competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof, and the remaining provisions shall not in any way be
affected or impaired thereby.
5. Notices. All notices, certificates and other communications hereunder shall be
sufficiently given and shall be deemed given when mailed by certified mail, returned receipt
requested, postage prepaid, with property address as indicated below. The City and the
Association, by written notice given by one to the other, may designate any address or addresses,
to be sent when required as contemplated by this permit. Unless otherwise provided by the
respective parties, all notices, certificates, and communications to each of them shall be
addressed as follows:
To the City:
City of Charihassen
Attn: City Manager
7700 Market.Boulevard
P.O. Box 147
Chanhassen,MN 55317
To the Applicant:
American Tower
Attn: Doug Ruwe
21307 Rio Oro Drive
Cornelius, NC 28031
To the Owner:
Merle and Jane Yolk
16925 County Road 40
Carver, MN 55315
6. Reimbursement of Costs. The Applicant shall reimburse the City for all costs,
including reasonable engineering, legal, planning and administrative expenses incurred by the
City in connection with all matters relating to the administration and enforcement of the within
permit and the performance thereby by the applicant. Such reimbursement shall be made within
fourteen (14) days of the date of mailing ofthe City's notice of costs as provided in Section 5
above. This reimbursement obligation of the applicant under this section shall be a continuing
obligation throughout the term of this permit.
7. Termination of Permit. The City may revoke the permit following a public hearing for
violation of the terms of this permit. The City may institute any proper action or proceeding at
law or at equity to prevent violations of the within property, to restrain or abate violations of the
within permit, or to prevent use or occupancy of the Subject Property.
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8. 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.
9. Assignable. This conditional use permit is issued for the particular use and is not
personal. The City shall be notified in writing at the address provided in section 5 above of any
changes in the leasehold interest or ownership of the underlying property at least thirty (30) days
prior to such change.
10. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
Dated: December 14, 2009
CITY OF CHANHASSEN
tL4~
BY:
A
"{SEAL)
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
... -J.h
The foregoing instrument was acknowledged before me this~day of \)Q.c,.'€lY\ber, 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.
~~ T~~
NOTARYPUB IC. )
DRAFfEDBY:
City of Chanhassen
P. O. Box 147
7700 Market Boulevard
Chanhassen, MN 55317
(952) 227-1100
K\M T. MEUW\SSEN 1
Nota!"1 Public-Minnesota
My com~ission Expires Jan 31, 2010
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