CC Summary Minutes 9-27-04
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City Council Summary - September 27,2004
All voted in favor and the motion carried unanimously with a vote of 5 to O.
REQUEST FOR AMENDMENT TO THE ARBORETUM BUSINESS PARK PUD
DESIGN STANDARDS TO PERMIT RETAIL USES ON BLOCK 1,
ARBORETUM BUSINESS PARK 4TH ADDITION; LOCATED SOUTH OF
HIGHWAY 5, WEST OF CENTURY BOULEVARD, AND NORTH OF
CORPORA TE PLACE; HELSENE PARTNERS, LLC.
Bob Generous presented the staffreport. Mayor Furlong asked for the applicant's input.
Chris and Brenda Helsene, 5685 Great Lorenz Road, Shorewood and Gene Helsene,
11613 Shady Oak Road, Minnetonka spoke in support of the POO amendment to allow
commercial. Staff explained their recommendation of denial and addressed the issue
brought up at the Planning Commission meeting suggesting the use of an Interim Use
Permit. Mayor Furlong stated, and Councilman Peterson concurred, that they did not see
a compelling reason to grant the amendment request.
Councilman Lundquist moved, Councilman Labatt seconded that the City Council
denies the amendment to the Planned Unit Development (PUD #92-6) development
design standards to permit retail uses based on the amended findings of fact and
recommendation attached to this report. All voted in favor and the motion carried
unanimously with a vote of 5 to O.
REQUEST FOR AN INTERIM USE PERMIT FOR GRADING AND
RESTORA TION OF THE MOON VALLEY GAVEL MINE, BEATRICE
ZWIERS.
Bob Generous presented the staff report and an update on the Planning Commission
review. Mayor Furlong asked staff to address the question of escrow and what happens if
the developer can't continue part way through the 5 year project from an erosion and
storm water standpoint. He also asked where the grading plan falls in terms of
maximizing development at the expense of the natural resources, very specifically trees.
Councilman Labatt asked staff to show where the current buildings and mining activity
took place in relation to the restoration plan. The developer Dan Herbst, 7640 Crimson
Bay, Chanhassen and the engineer, Justin Larson with Sathre-Berquist were present. Mr.
Herbst talked about his company's future plans for the restoration area.
Councilman Peterson moved, Councilman Ayotte seconded that the City Council
approves Interim Use Permit Case #04-27 to permit grading, excavation and slope
restoration as proposed on the plans prepared by Sathre-Berquist, Inc., dated
7/16/04, subject to the following conditions:
1. The interim use permit shall be approved for a period of five (5) years from the
date of City Council approval. Annually the grading permit must be renewed.
The applicant will need to request a formal extension 60 days prior to the
expiration date of the permit.
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