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PC Staff Report 05-06-2014PROPOSED MOTION: "The Chanhassen Planning Commission recommends the City Council revoke Conditional Use Permits 2003 -08, 1997 -05 and 1984 -20." SUMMARY OF REQUEST: Staff is recommending revoking three (3) Conditional Use Permits (2003 -08, 1997 -05 and 1984 -20). None of these conditional uses have been used in the past six (6) months, making them void per Section 20 -236 of the city code. LEVEL OF CITY DISCRETION IN DECISION - MAKING: The City has limited discretion in revoking conditional use permits, based on whether or not the existing property meets the conditional use permit standards outlined in their conditional use permit and the Zoning Ordinance. Failing to comply with any conditions set forth in the conditional use permit, or the discontinued use of the conditional use for six (6) months, shall constitute sufficient cause for the revocation of the conditional use permit. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. APPLICABLE REGULATIONS Chapter 20, Article IV, Division 2, Conditional Use Permits (staff report continued on next page) Planning Commission Conditional Use Permit Revocations — Planning Case 2014 -13 May 6, 2014 Page 2 of 5 CONDITIONAL USE PERMIT 2003 -08 LOCATION: 8170 Mallory Court (PID: 25- 2210010) OWNER: HFC Real Estate Co. LLC 5201 Dominick Drive Hopkins, MN 55343 -8985 PRESENT ZONING: Industrial Office Park (IOP) 2020 LAND USE PLAN: Office Industrial ACREAGE: 3.28 acres DENSITY: N/A BACKGROUND On December 8, 2003, the City Council approved a Conditional Use Permit (2003 -08) to allow a food processing facility (Main Street Bakery) to be located in an existing industrial office building located at 8170 Mallory Court, subject to conditions (Attachment #1). After conducting an inspection on January 16, 2014, city staff determined that there has not been a bakery located on this property for over six (6) months. The building unit is currently occupied by Direct Source. A letter informing the property owner of the revocation of the Conditional Use Permit (2003 -08) was sent on February 7, 2014. Planning Commission Conditional Use Permit Revocations — Planning Case 2014 -13 May 6, 2014 Page 3 of 5 CONDITIONAL USE PERMIT 1997 -05 LOCATION: 1905 Stoughton Avenue (PID: 25- 0030210) OWNER: Kimi Gaboury Trust 1905 Stoughton Avenue Chaska, MN 55318 -2217 PRESENT ZONING: Agricultural Estate (A2) 2020 LAND USE PLAN: Residential Large Lot and Agriculture ACREAGE: 3.56 acres DENSITY: N/A BACKGROUND On December 1, 1997, the City Council approved a Conditional Use Permit (1997 -05) to allow the installation of a ham radio tower at 1905 Stoughton Avenue, subject to conditions (Attachment #2). After conducting an inspection on January 16, 2014, city staff determined that there is no longer a ham radio tower located on the property. Furthermore, property owner Kimi Gaboury informed city staff that there has not been a ham radio tower located on the property for over six (6) months. A letter informing the property owner of the revocation of the Conditional Use Permit (1997 -05) was sent on February 7, 2014. Planning Commission Conditional Use Permit Revocations — Planning Case 2014 -13 May 6, 2014 Page 4 of 5 CONDITIONAL USE PERMIT 1984 -20 LOCATION: 7300 Galpin Boulevard (PID: 25- 0101700) TAX PAYER: Theodore F & Marlene M Bentz 8596 Powers Place Chanhassen, MN 55317 -9390 PRESENT ZONING: Agricultural Estate (A2) 2020 LAND USE PLAN: Residential Low Density ACREAGE: 14.01 acres DENSITY: N/A On February 4, 1985, the City Council approved a Conditional Use Permit (1984 -20) for contractor yard activities at 7300 Galpin Boulevard, subject to conditions (Attachment #3). After conducting an inspection on February 26, 2014, city staff determined that the property at 7300 Galpin Boulevard is no longer being used as a contractor's yard and has not been used as one for over six (6) months. A letter informing the property owner of the revocation of the Conditional Use Permit (1984 -20) was sent on March 19, 2014. Planning Commission Conditional Use Permit Revocations — Planning Case 2014 -13 May 6, 2014 Page 5 of 5 ANALYSIS All three (3) Conditional Use Permits (2003 -08, 1997 -05 and 1984 -20) should be revoked due to the conditional use not existing on the property for at least six (6) months. These conditional use permits have become void per Section 20 -236 of city code which states, "if the conditional use is discontinued for six months, the conditional use permit shall become void." All three property owners have been mailed a letter informing them that their conditional use permit has been voided due to their discontinued use. However, procedurally, the city must take the conditional use permits through the public hearing process to have them revoked. RECOMMENDATION Staff recommends that the Planning Commission recommend the City Council revoke Conditional Use Permits 2003 -08, 1997 -05 and 1984 -20. ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Conditional Use Permit 2003 -08. 3. Conditional Use Permit 1997 -05. 4. Conditional Use Permit 1984 -20 Approval Letter. 5. Public Hearing Notice Affidavits of Mailing (3). gAplan\2014 planning cases\2014 -13 revocation of conditional use pennits\staff report.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Staff recommends that the City revoke three (3) Conditional Use Permits (2003 -08, Bakery, 1997 -05, Ham Radio Tower; and 1984 -20, Contractor's Yard). All of these conditional uses have been discontinued for at least six (6) months and may now be revoked by the city per Section 20- 237 of City Code. On May 6, 2014, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the revocation of three (3) Conditional Use Permits (2003 -08, 1997 -05 and 1984 -20). The Planning Commission conducted a public hearing on the proposed conditional use permits which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The properties are currently zoned: a. Industrial Office Park (IOP) (CUP 2003 -08) b. Agriculture Estate (A2) (CUP 1997 -05) c. Agricultural Estate (A2) (CUP 1984 -20) 2. The properties are guided by the Land Use Plan for: a. Office Industrial (CUP 2003 -08) b. Residential Large Lot and Agriculture (1997 -05) c. Residential Low Density (1984 -20) 3. The legal description of the properties are described as: a. Lot 1, Block 1, Chanhassen Lakes Business Park 8a' Addition (PID: 252210010) (CUP 2003 -08) b. P/O NWl /4 NEl /4 LYING SELY OF A LINE PARALLEL WITH & 33' SELY OF CENTER OF CO RD 10 LYING NWLY OF A LINE PARALLEL WITH & 350' SELY OF CENTERLINE & LYING NELY OF LINE DESC AS: COMM AT NW CORN NEl /4 TH E ON N LINE NEI /4 310' TH S 328.58' TO CENTERLINE OF CO (PID: 250030210) (CUP 1997 -05) c. P/O SWl /4 SECT 10 DESC AS: COMM AT WIA CORN OF SECT 10 TH S1 *E ON W LINE SW1 /4 1213.4 FT TO PT OF BEG TH CONT S1 *E ON W LINE SWI /4 455.48' TH S 79 *E 177.77' TH S86 *E 100.40' TH S78 *E 194.14' TH S74 *E 150' TH S47 *E 75.43' TH N82 *E 74.98' TH S58 *E 84.58'T (PID: 250101700) (CUP 1984 -20). 4. Conditional Use Findings: a. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or city. Finding: These three (3) conditional uses have not been in use on their properties for at least the past six (6) months, but most likely for much longer. The revocation of these CUPS will not be detrimental or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or city. b. Will be consistent with the objectives of the City's Comprehensive Plan and this chapter. Finding: The revocation of these CUPS is consistent with the City's Comprehensive Plan and complies with Chanhassen City Code. c. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. Finding: There will not be any required alterations to any these properties for the revocation of their CUPs. Therefore, the appearance and existing or intended character of the neighborhoods in the general vicinity will not be changed. d. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: There will not be any required work done on these properties for the revocation of their CUPs. Therefore, there will not be any hazardous or disturbing conditions for existing or planned neighboring uses. e. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Finding: There will be no alternation in services required by the revocation of these CUPs. All of these properties are adequately serviced by the city or through services provided by the persons or agencies responsible for the property. f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Finding: The use of public facilities and services will not be altered by the revocation of these CUPs. g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. 2 Finding: The revocation of these CUPS will not involve uses that have the potential to create any adverse conditions, as previously stated. h. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: Access by motorized vehicles to these properties is currently adequate and will not be altered by the revocation of these CUPS. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: The revocation of these CUPS will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. j. Will be aesthetically compatible with the area. Finding: These properties are currently aesthetically compatible with their areas and this compatibility will not be changed by the revocation of their CUPS. k. Will not depreciate surrounding property values. Finding: The revocation of these CUPS will not have any effect on the surrounding property values. 1. Will meet standards prescribed for certain uses as provided in this article. Finding: The revocation of these CUPs is consistent with City Code regarding Conditional Use Permits. 5. The planning report, Planning Case #2014 -13, dated May 6, 2014, prepared by Drew Ingvalson, et al, is incorporated herein. The Planning Commission recommends that the City Council approve the Revocation of Conditional Use Permits 2003 -08, 1997 -05 and 1984 -20, Planning Case #2014 -13. ADOPTED by the Chanhassen Planning Commission this 6a' day of May, 2014. CHANHASSEN PLANNING COMMISSION I� Its Chairman a. Document No. OFFICE OF THE T145034 REGISTRAR OF TITLES IIIIIIIIIIIilllllillllllllillllllllillll cR" MINNESOTA # TM $ Cert. # 26773 0 Page 00 Certified and filed on 03 -24 -2004 at 09:00 AM ❑ PM 2004.03 -24 Illlilillllllillllillllllllilllllllllilllllllilllllilillllll CReg s ra of T tlesr CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA CONDITIONAL USE PERMIT #03 -8 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: To Allow a Food Processing Facility (Main Street Bakery) to be located in an Existing Industrial Office Building. 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Lot 1, Block 1, Chanhassen Lakes Business Park 8a' Addition. 3. Conditions. The permit is issued for Conditional Use Permit # 2003 -8 to allow a Food Processing Facility in an IOP District, for Main Street Bakery, Inc., to be located on Lot 1, Block 1, Chanhassen Lakes Business Park 8n' Addition, as shown on the plans dated received November 7, 2003, subject to the following conditions:. a. The applicant shall contact the Building Inspections Department to discuss permit and occupancy requirements. b. The applicant shall meet with the Fire Inspection Department to discuss Fire Code requirements. c. Compliance with conditions of site plan and plat approval. d. There shall be no outdoor storage of any equipment associated with the bakery or the auxiliary uses associated with the bakery. e. A maximum of 20% of the floor area may be used for retail purposes of merchandise manufactured or stored on site. f. Truck parking is permitted on -site only along the northerly parking area. g. Compliance plan must be submitted to the city including: g -1. An inventory of potential or identified odor emission point sources associated with the bakery. 1 S M/Nfi1 g -2. An engineering quality plan detailing best available control technologies and appurtenances designed to eliminate or achieve the maximum reduction of odor pollution from an emission point source inclusive of, but not necessarily limited to, certain processes, procedures, or operating methods intended to mitigate or control odor pollution. g -3. A detailed explanation of the specifications and operating parameters of the best available control technologies, monitoring instrumentation and equipment, and processes and procedures intended for the mitigation or control of odor pollution. g -4. A specification of the documentation that will be made available for the city's review which will verify the data produced by the monitoring equipment, and which will verify that processes and procedures are conducted consistent with the specifications in the facility's odor control study and plan. g -5. An approved schedule which states, in a time certain manner, the implementation and installation of the best available control technology, processes, procedures, operating methods, and monitoring instrumentation designed to mitigate or control odors at the facility inclusive of an approved completion date. g -6. An acknowledgment of the authority of the city and its agents to enter into the facility or its property in order to investigate complaints and to verify the facility's adherence to the compliance plan." 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terns 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: December 8, 2003 (SEAL) STATE OF MINNESOTA ( ss COUNTY OF CARVER 2 CITY OF CHANHASSEN Thom s QAJ. Furlon ,Mayor AND: 4Wv` Todd Gerhardt, City Manager The foregoing instrument was acknowledged before me this day of &I- , , 2003, 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. / NO�AI k PUl$,�I,IC DRAFTED BY: �/ City of Chanhassen 7700 Market Boulevard �AA.W�qti� MtAAAt�,ttAAAAAsEAAAAF� Chanhassen, MN 55317 (952)227 - 1100 KAREN J ENGELHARDT Notary Public- IAinnosota My Commission Upires 11,itt2Qo- VVVVVVVVVVVVVVVV'�YV� CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA CONDITIONAL USE PERMrr #97 -5 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: To allow the installation of a ham radio tower 2. Prop The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: PID # 25.0030210 (1905 Stoughton Avenue) That part of the Northwest Quarter of the Northeast Quarter of Section 3, Township 115, Range 23, Carver County, Minnesota, lying Southeasterly of a line parallel with and distant 33.00 feet southeasterly of the centerline of County Road No. 10, lying Northwesterly of a line parallel with and distant, 350.00 feet southeasterly of said centerline and lying Northeasterly of the following described line: a. b. C. Commencing at the Northwest corer of the Northeast Quarter of said Section 3; thence East (bearing assumed) along the North line of said Northeast Quarter, a distance of 310.00 feet; thence South, a distance of 328.58 feet to centerline of County Road 10; thence North 56 degrees 01 minutes 58 seconds East, along said centerline a distance of 400.00 feet; thence South 33 degrees 58 minutes 02 seconds East a distance of 33.00 feet to the point of beginning of the line to be described; thence continuing South 33 degrees 58 minutes 02 seconds East a distance of 317.00 feet to a point on a line parallel with and distant, 350.00 feet Southeasterly of said centerline of County Road No. 10, and said line terminating. . 3. Conditions. The permit is issued subject to the following conditions: The applicant must obtain a building permit, design for radial ice and tower structure is required for the permit. The applicant must make the tower inaccessible for climbing. Compliance with Section 20 -915, amateur radio tower standards. d. The applicant must obtain a building permit when the tower is increased from 48 feet to 64 feet in height. 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: December 1, 1997 CITY OF CHANHASSEN By By STATE OF MINNESOTA ) (Ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of 1997, by Nancy K. Mancino, Mayor and Don Ashworth, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. DRAFTED BY: o P lic Campbell Knutson, P.A. Suite 317 1380 Corporate Center Curve Eagan, Minnesota 55121 ie KARENJ. ENGELFIkRDT (612) 452- 50001AFiK PUBLIC- MINNES07q RNK My CER CDUNiY . E�ea.Jen:,3f,Zppp February 11, 1985 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 Mr. Theodore Bentz 7300 Galpin Boulevard Excelsior, MN 55331 Dear Mr. Bentz: This is to formally notify you that the City Council at the February 4, 1985 meeting approved your request for a conditional use permit for contactor's yard activities at 7300 Galpin Boulevard subject to the following conditions: 1. Expansion of the existing operation beyond what has been represented in this application must be approved by a con- ditional use permit. 2. All equipment must be stored within a building or the outside vehicle storage area must be screened on all sides with ade- quate fencing of at least six feet in height. Please forward a copy of your legal description to me so that I can use it to file the conditional use permit at the county. If you have any questions, please feel free to contact me. S i3OyTbrely Barbara Dacy City Planner BD:v C =1 1KC -G CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on May 24, 2014, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Revocation of Conditional Use Permit 2003 -08 (8170 Mallory Court) — Planning Case 2014- 13 to the persons named on attached Exhibit "A ", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and swom to before me this A St hday of A:Da I -12014. �= Notary Pu d,p.. >,nnn� VwwnAnnnn KIM T. MEUWISSEN $. Notary Public- Minnesota �'" " ""s' My Commission Expires Jw 31, 2015 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, May 6, 2014 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for revocation (per City Code Section 20 -236) of Proposal: Conditional Use Permit #2003 -08 for Main Street Bakery which Proposal: allowed a food processing facility in an existing industrial office building. Applicant: City of Chanhassen Property Lot 1, Block 1, Chanhassen Lakes Business Park 8t' Addition Location: (8170 Mallory Court) A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the W What Happens W public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us /2014 -13. If you wish to talk to someone about this project, please contact Bob Generous by Questions & email at baenerous(fti.chanhassen.mn.us or by phone at 952- 227 -1131. If you choose to submit written comments, it is Comments: helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public heading before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. Al the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the heading process. The Commission will dose the public heading and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Remnings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercialfindustnal. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespemon/representative is encouraged to provide a contact for the city. Often developers are encouraged ro meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be indutletl in the report to the City Council. ff you wish to have something to be included in the report, lease contact the Planning Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, May 6, 2014 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for revocation (per City Code Section 20 -236) of Proposal: Conditional Use Permit #2003 -08 for Main Street Bakery which allowed a food processing facility in an existing industrial office building. Applicant: City of Chanhassen Property Lot 1, Block 1, Chanhassen Lakes Business Park 8d' Addition Location: (8170 Mallory Court) A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the W What Happens W public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2 applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us /2014 -13. If you wish to talk to someone about this project, please contact Bob Generous by Questions & email at boenerous(a.ci.chanhassen.mn.us or by phone at 952- 227 -1131. If you choose to submit written comments, it is Comments: helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be retired of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These imports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the heading process. The Commission will close the public heading and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciallndustdial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity, may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson /representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public heading, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be indutletl in the report, lease contact the Planning Staff person named on the notification. 8185 LLP B & C LAND COMPANY LLC BRADLEY FROST 8821 SUNSET TRL 6017 RIDGEWOOD RD 1321 LAKE DR W #336 CHANHASSEN, MN 55317 -9137 MOUND, MN 55364 -8565 CHANHASSEN, MN 55317 -3515 BRETT ALLEN MILLER BRICK PROPERTIES GROUP LLC CHAN LAKES CONDOMINIUM LLC 1321 LAKE DR W # 334 8217 UPLAND CIR 8156 MALLORY CT CHANHASSEN, MN 55317 -3515 CHANHASSEN, MN 55317 -9626 CHANHASSEN, MN 55317 -8586 CONNIE L PETERSON DIXIE L KOOPMAN ERIC M & PATRICIA E BURDON 1321 LAKE DR W #326 1321 LAKE DR W # 130 6690 BRENDEN CT CHANHASSEN, MN 55317 -3514 CHANHASSEN, MN 55317 -3504 CHANHASSEN, MN 55317 -7560 FRIEDRICH BAAZ GIANEEN COURRIER HFC REAL ESTATE CO LLC 1321 LAKE DR W #328 1321 LAKE DR W #331 5201 DOMINICK DR CHANHASSEN, MN 55317 -3514 CHANHASSEN, MN 55317 -3515 HOPKINS, MN 55343 -8985 ISLAND MANAGEMENT LLC JASON LEE EHRENBERG JUDITH M KIEFFER 7040 WILLOW CREEK RD 1321 LAKE DR W #234 1321 LAKE DR W # 123 EDEN PRAIRIE, MN 55344 -3224 CHANHASSEN, MN 55317 -3510 CHANHASSEN, MN 55317 -3503 L38 LLP LET IT BE RECORDS INC LINDSAY M STEIN 8110 MALLORY CT 8225 UPLAND CIR 1321 LAKE DR W #330 CHANHASSEN, MN 55317 -8586 CHANHASSEN, MN 55317 -8626 CHANHASSEN, MN 55317 -3515 MATTHEW F EISENHAUER NATHAN D VANDYKE PARK AVENUE LOFTS LLC 1321 LAKE DR W #126 1321 LAKE DR W #332 510 1 ST AVE N # 200 CHANHASSEN, MN 55317 -3503 CHANHASSEN, MN 55317 -3515 MINNEAPOLIS, MN 55403 -1623 POWERS RIDGE CONDOMINIUM POWERS RIDGE DEVELOPMENT INC PRCM ACQUISITIONS XII LLC HOMES 6600 SALLY LN 5151 EDINA INDUSTRIAL BLVD # 2 1371 LAKE DR W MINNEAPOLIS, MN 55439 -1043 EDINA, MN 55439 -3016 CHANHASSEN, MN 55317 -8524 RICHARD W PEARSON TRADEN LLC WILLIAM D FISHER 525 LAKE DR APT 372 8821 SUNSET TRL 1321 LAKE DR W #225 CHANHASSEN, MN 55317 -8369 CHANHASSEN, MN 55317 -9137 CHANHASSEN, MN 55317 -3508 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on May 24, 2014, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Revocation of Conditional Use Permit 1997 -05 (1905 Stoughton Avenue) — Planning Case 2014 -13 to the persons named on attached Exhibit "A ", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this.Q&!tdayof A�)ril 12014. Notary ik4lic ICK =P=� Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, May 6, 2014 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for revocation (per City Code Section 20 -236) of Proposal: Conditional Use Permit #1997 -05 which allowed the installation of a ham radio tower. Applicant: City of Chanhassen Property 1905 Stoughton Avenue Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us /2014 -13. If you wish to talk to someone about this project, please contact Bob Generous by Questions & email at baenerous(fti.chanhassen.tri or by phone at Comments: 952- 227 -1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial /industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson /representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notfication. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, May 6, 2014 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. Locationr City Hall Council Chambers, 7700 Market Blvd. Request for revocation (per City Code Section 20 -236) of Proposal: Conditional Use Permit #1997 -05 which allowed the installation of a ham radio tower. Applicant: City of Chanhassen Property 1905 Stoughton Avenue Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us /2014 -13. If you wish to talk to someone about this project, please contact Bob Generous by Questions & email at baenerous(a)ci.chanhassen.mn.us or by phone at Comments: 952- 227 -1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercialrindustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. AMANDA ALBERS CARLTON J SOLBERG CRYSTAL H BUCKINGHAM 1910 STOUGHTON AVE 1805 STOUGHTON AVE 1791 STOUGHTON AVE CHASKA, MN 55318 -2218 CHASKA, MN 55318 -2215 CHASKA, MN 55318 -2213 GARY W DUNGEY 1539 INDEPENDENCE AVE CHASKA, MN 55318 -1665 KIMI GABOURY TRUST 1905 STOUGHTON AVE CHASKA, MN 55318 -2217 JOSEPH ROBERT MONNENS 1781 STOUGHTON AVE CHASKA, MN 55318 -2213 KYLE R DECKER 1915 STOUGHTON AVE CHASKA, MN 55318 -2217 JOSHUA H LINDGREN 7597 AUGUSTA RD CHASKA, MN 55318 -9347 PHEASANT CREEK FARMS LLC 1827 VALLEY RIDGE TRL S CHANHASSEN, MN 55317 -8419 RICHARD K WERMERSKIRCHEN RYAN NIEDFELDT TWIN CITIES SELF STORAGE, CHAS 1930 STOUGHTON AVE 1925 STOUGHTON AVE 607 WASHINGTON AVE S STE 503 CHASKA, MN 55318 -2218 CHASKA, MN 55318 -2217 MINNEAPOLIS, MN 55415 -1162 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on May 24, 2014, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Revocation of Conditional Use Permit 1984 -20 (7300 Galpin Boulevard) — Planning Case 2014 -13 to the persons named on attached Exhibit "A ", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this , day of Apr, l -12014. Not lic ' ' KIM T. MEUWISSEN Notary Public- Minnesota �i;jg My Co Wsion EMpWw Jw 91, 2015 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, May 6, 2014 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for revocation (per City Code Section 20 -236) of Proposal: Conditional Use Permit #1984 -20 which allowed a contractor's yard. Applicant: City of Chanhassen Property 7300 Galpin Boulevard Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us /2014 -13. If you wish to talk to someone about this project, please contact Bob Generous by Questions & email at baenerousnc ci.chanhassen.mn.us or by phone at Comments: 952- 227 -1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial /industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson /representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, May 6, 2014 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for revocation (per City Code Section 20 -236) of Proposal: Conditional Use Permit #1984 -20 which allowed a contractor's yard. Applicant: City of Chanhassen Property 7300 Galpin Boulevard Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us /2014 -13. If you wish to talk to someone about this project, please contact Bob Generous by Questions & email at bcenerous(a ci.chanhassen.mmus or by phone at Comments: 952 - 227 -1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial /industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson /representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in thereport, please contact the Planning Staff person named on the notification. AMERICANA COMMUNITY BANK BRIAN R & BARBARA C FOLSOM DAVID A & CINDA M JENSEN 10700 PRAIRIE LAKES DR 2215 BANEBERRY WAY W 2173 BRINKER ST EDEN PRAIRIE, MN 55344 -3858 CHANHASSEN, MN 55317 -8339 CHANHASSEN, MN 55317 -9361 DAVID K & CHRISTINA J STREETER 7598 PRAIRIE FLOWER BLVD CHANHASSEN, MN 55317 -9398 ERIC R CHRISTENSON 7612 PRAIRIE FLOWER BLVD CHANHASSEN, MN 55317 -8334 JUSTIN & ALLISON NEWMAN 7606 WALNUT CURV CHANHASSEN, MN 55317 -9397 KYLE A & LEAH C PLATH 7604 WALNUT CURV CHANHASSEN, MN 55317 -9397 MARK A & SARAH L PLETTS 7517 BENT BOW TRL CHANHASSEN, MN 55317 -6401 MARLENE M BENTZ 8596 POWERS PLACE CHANHASSEN, MN 55317 -9390 MURIEL N MULLIN 7630 PRAIRIE FLOWER BLVD CHANHASSEN, MN 55317 -8334 SRIRAM VISWANATHAN 7614 RIDGEVIEW WAY CHANHASSEN, MN 55317 -4507 DIANNE JANICE ERICKSON 7735 VASSERMAN TRL CHANHASSEN, MN 55317 -4506 GELINO FAMILY TRUST 7729 VASSERMAN TRL CHANHASSEN, MN 553174506 JUSTIN & NICOLE WILD 2223 BANEBERRY WAY W CHANHASSEN, MN 55317 -8339 LAWRENCE M & MICHAELE A MARTIN 7725 VASSERMAN TRL CHANHASSEN, MN 55317 -4506 MARK I & MAUREEN E MAGNUSON 7715 VASSERMAN TRL CHANHASSEN, MN 55317 -4506 MICHAEL D & CARA L KAIL 2187 BRINKER ST CHANHASSEN, MN 55317 -9361 RALPH H PAMPERIN 7719 VASSERMAN TRL CHANHASSEN, MN 55317 -4506 STEVEN J & NADIA M JANSON 2199 BRINKER ST CHANHASSEN, MN 55317 -9361 DOUGLAS C & THERESA J BENTZ 7280 GALPIN BLVD EXCELSIOR, MN 55331 -8058 JOSEPH W & EILEEN D KIEFFER 7602 RIDGEVIEW WAY CHANHASSEN, MN 55317 -4507 KATHRYN T STODDART 7305 GALPIN BLVD EXCELSIOR, MN 55331 -8059 MARCIA L MAPLES 7602 WALNUT CURV CHANHASSEN, MN 55317 -9397 MARK T & ALICIA F SCHIMKE 7626 PRAIRIE FLOWER BLVD CHANHASSEN, MN 55317 -8334 MIRON E MARCOTTE 7240 GALPIN BLVD EXCELSIOR, MN 55331 -8058 ROBERT P & CARRIE J WEBBER 7608 RIDGEVIEW WAY CHANHASSEN, MN 55317 -4507 STEVEN M & SUSAN M COHOON 7525 BENT BOW TRL CHANHASSEN, MN 55317 -6401 THEODORE A & ANGELA M THEODORE F & MARLENE M BENTZ VASSERMAN RIDGE PROMENADE 7609 WALNUT 8596 POWERS PLACE INC 7609 WALNUT, MN 5 CHANHASSEN, MN 55317 -9390 16305 36TH AVE N SUITE 600 CHANHASSEN, MN 55317 -9395 PLYMOUTH, MN 55446 -4270 WALNUT GROVE HOMEOWNERS WALNUT GROVE VILLAS ASSN XUONG Q LUU ASSN 1801 AMERICAN BLVD E # 21 2219 BANEBERRY WAY 1801E 79TH ST #21 BLOOMINGTON, MN 55425 -1230 BLOOMINGTON, MN 55425 -1230 CHANHASSEN, MN 55317 -8339