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Amended & Restated Conditional Use Permit 97-04 Recording Transmittal 09-22-2010 CITY OF CHANHASSEN LETTER OF TRANSMITTAL PLANNING DEPARTMENT 7700 Market Boulevard DATE JOB NO. P.O. Box 147 9/22/10 2010 -10 CHANHASSEN, MN 55317 ATTENTION (952) 227 -1100 FAX (952) 227 -1110 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 ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 9/13/10 10 -10 Amended and Restated Conditional Use Permit 97 -04 (Planning Case 2010 -10) THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ® For Recording ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO: Larry Hopfenspirger Duff Hanson 4 4 r SIGNED: �� �Im Nfeuwiss n, (952)27-1107 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 #97 -04 PLANNING CASE 2010 -10 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 97 -04: A Conditional Use Permit for an Automobile Dealership 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described on the attached Exhibits A and B. 3. Conditions. The permit is issued subject to the following conditions: a. No vehicles which are unlicensed or inoperative shall be stored on the premises. b. All repair, assembly, disassembly or maintenance of vehicles shall occur within a closed building except minor maintenance including, but not limited to, tire inflation, adding oil and wiper replacement. c. No outside storage or display is allowed, except vehicles for sale or rent. d. No outside speaker systems shall be allowed without approval from the city council. e. Parking setback shall be applicable for car or truck storage or waiting areas. f. No test driving of vehicles on local residential streets is allowed. g. A landscaped buffer 100 feet from any residential zoning district. h. All vehicle dealers shall be licensed by the state. i. Parcels A and B shall comply with conditions of the Amended and Restated CUP 97 -04. 1 j. The applicant shall work with the City Forester to select appropriate species to be installed on the site as shown on the Landscape plan prepared by Curiskis Architects, Inc. dated 8/14/97. k. The most westerly access on Flying Cloud Drive shall be blocked. 1. The island separating the two parcels must be removed when 75% of the parking stalls are occupied or the proposed expansion negatively impacts traffic on Flying Cloud Drive including, but not limited to, congestion, accidents, traffic related complaints, etc. A pedestrian access between the parcels shall be provided and maintained prior to the removal of the landscape island. m. The westerly parcel shall be striped and comply with city code. The applicant shall work with staff to provide a parking plan that meets ordinance. Stalls located on the east side of the lot abutting the landscape island, to be removed in the future, may be utilized until the island is removed. n. Vehicle parking and display must maintain a minimum setback of 10 feet from the front property line abutting Flying Cloud Drive. o. The parking lots shall be maintained in good repair. They shall be swept each spring and fall to limit debris from entering the Minnesota Valley National Wildlife Refuge located south of the parking lot and building. p. Any changes to the site will require a Conditional Use Permit amendment. q. Site inspections shall be conducted annually. 4. 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. 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: September 13, 2010 2 CITY OF CHANHASSEN BY: l 4 : Tom Furlong, Mayor (SEAL) odd Gerhardt, City Manager STATE OF MINNESOTA ) ( ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this.144lay of , 310, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of anhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. l • ' YP41 : LIC il KAREN J. ENGELHARDT t :: l -' Notary Public- Minnesota �+ ; „' My commission Expires Jen 31, 2015 DRAFTED BY: City of Chanhassen P. 0. Box 147 7700 Market Boulevard Chanhassen, MN 55317 (952) 227 -1100 3