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Amended & Restated CUP 10-04 Recording Transmittal 03-04-2010 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. 3/4/10 10-04 ATTENTION Sue Nelson RE: Document RecordinQ TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU [8] Attached 0 Under separate cover via the following items: D Shop drawings o Copy of letter D Prints o Change Order D Plans D Samples D Specifications o Pay Request 0 _ COPIES DATE NO. DESCRIPTION 1 2/22/10 1 0-04 Amended & Restated Conditional Use Permit #88-13 THESE ARE TRANSMITTED as checked below: o For approval o For your use o As requested o Approved as submitted o Approved as noted D Resubmit copies for approval o Submit copies for distribution D Returned for corrections o Return corrected prints o For review and comment [8] For Recording o FOR BIDS DUE 0 PRINTS RETURNED AFTER LOAN TO US REMARKS COpy TO: Mr. Ben Merriman, Center Companies, LLC Jay & Peggy Kronick, Lotus Lake Garden Center, Inc. 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 #88-13 PLANNING CASE 10-04 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for the following use: Garden Center 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: That part of Tract C, Registered Land Survey No. 59, files of Registrar of Titles, which lies South of a line drawn East perpendicular to the West line of said Tract C from a point thereon distance 103.00 feet South, as measured along said West line from the Northwest corner of said Tract C: And that part of Tract D lying Easterly of the Southerly extension of the West line of said Tract C, Registered Land Survey No. 59, flies of Registrar of Titles, all in Carver County, Minnesota. 3. Conditions. The permit is issued with the following conditions: a. Installation of a six-foot evergreen screen along the south, west and north walls of the greenhouse and installation of a two-foot hedge along the east side of the display area in front of the sales building. b. Approval and compliance with Wetland Alteration Permit #88-8. c. The applicant shall file a plat application in conjunction with the City of Chanhassen to reserve the necessary utility easements and to properly convey the northerly portion of the site to the City. 1 d. There shall be no outside sales of merchandise as opposed to outside display of merchandise. e. The applicant shall enter into a development contract with the city and provide the City with the necessary financial sureties to guarantee the installation of the public improvements. f. The sanitary sewer service shall have a sand trap prior to discharging into the public sanitary sewer system. g. Details for the installation. and connection of the sanitary sewer and water services shall be submitted to the City Engineer for approval prior to final approval. h. A check valve shall be installed on the sanitary sewer service prior to discharge into the pubic sanitary sewer system. 1. The proposed utility easements shall be revised to include a 40-foot wide utility easement which shall cover all of the existing and proposed utilities. J. A revised grading, drainage and erosion control plan shall be submitted to the City Engineer for approval as part of the final review process. k. The proposed water service connection shall be "wet tapped" in accordance with the latest published version for the Standard Specifications for Utility Installation from the American Water Works Associations (A WW A). 1. Details for the service connection to the lO-inch diameter watermain should be submitted to the City Engineer for approval prior to final approval. m. An enclosure screening the bags of mulch and fertilizer shall be constricted by October 1, 1989. n. The applicant shall arrange to pave the parking area within four weeds of completion of the city's work. Upon approval from city staff, the applicant may receive an occupancy permit prior to completion of the paving work. o. Construction vehicles be screened (typical passenger vehicles and small pickup trucks excluded). p. The site shall not be used as a site for a landscaping contractor's yard business. q. The applicant may either install the greenhouse in the north/south orientation or install a six-foot arborvitae screen as recommended in condition #1. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 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 permit is a criminal misdemeanor. Dated: February 22,2010 2 CITY OF CHANHASSEN (SEAL) BY: iL A~ AND: ~ZJJt- todd Gerhardt, City Manager STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me thist.fU" day of Ma rch , 2010, 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. DRAFTED BY: City of Chanhassen P. O. Box 147 7700 Market Boulevard Chanhassen, MN 55317 (952) 227-1100 K'M T. MEUW\SSEN } . innesota Notary publlc-M 31 2015 My ComlllisSiOll ExPIres Jan . 3