Amended & Restated CUP 10-04 Recorded 10-04 PC-
CAMPBELL KNUTSON
Professional Association
Direct Dial: (651) 234 -6222
E -mail Address: snelson@ck- law.com
August 3, 2010
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
OF
Elliott B. Knetsch CITY RECEIVE_D
Joel J. Jamnik Ms. Kim Meuwissen
Andrea McDowell Pochler City of Chanhassen AUG 0 3 2010
Soren M. Mattick 7700 Market Boulevard
John F. Kelly P.O. Box 147 CHANHASSEN PLAINNNG DEPT
Henry A. Schaeffer, 111
Alina Schwartz Chanhassen, Minnesota 55317
Samuel J. Edmunds
Marguerite M. McCarron RE: CHANHASSEN — MISC. RECORDED DOCUMENTS
AMENDED AND RESTATED CONDITIONAL USE PERMIT #88-13
LOTUS LAKE GARDEN CENTER PROPERTY
(Part of Tract C, Registered Land Survey No. 59)
Dear Kim:
Enclosed for the City's files please find the above referenced original recorded
Amended and Restated Conditional Use Permit #88 -13 for the Lotus Lake Garden
Center property, which was recorded with Carver County on April 27, 2010 as
Document No. T174964.
Regards,
CAMPBELL KNUTSON
Professional Association
B .
u in R. Nelson, Legal Assistant
SRN:ms
Enclosure
1380 Corporate Center Curve
Suite 317 • Eagan, MN 55121
651- 452 -5000
Fax 651- 452 -5550
www.ck- law.com
Document No. OFFICE OF THE
T 174964 REGISTRAR OF TITLES
CARVER COUNTY, MINNESOTA
Receipt #
Cert. # 18953 Fee: $46.00
Certified Recorded on 4/27/2010 at 12:30 ❑ AM IPM
174964
101111 S.)
Carl W. Hanson, Jr.
Registrar of Titles
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 comer 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.
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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.
i. 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 (AWWA).
1. Details for the service connection to the 10 -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
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CITY OF CHANHASSEN
BY: I L..."
Tom Furlong, Mayor
(SEAL)
AND:
odd Gerhardt, City Manager
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this( - day of March , 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.
v d
NOTARY P : IC
Sup" KIM T. MEUWISSEN
� !ic- Mio 15
Notary , ub
m ��on ExP +res'la' nnes n 31.20
DRAFTED BY: My'
City of Chanhassen
P. O. Box 147
7700 Market Boulevard
Chanhassen, MN 55317
(952) 227-1100
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