Resolutions Recording Transmittal-CK 12-30-2015CITY OF CHANHASSEN
PLANNING DEPARTMENT
7700 Market Boulevard
P.O. Box 147
CHANHASSEN, MN 55317
(952) 227-1100 FAX (952) 227-1110
TO: Campbell Knutson, PA
Grand Oak Office Center 1
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
WE ARE SENDING YOU
❑ Shop drawings
❑ Copy of letter
LETTER OF TRANSMITTAL
DATE JOB NO.
12/30/15 2015-25
ATTENTION
Jean Olson
RE:
Document Recording
® Attached ❑ Under separate cover via the following items:
❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Change Order ❑ Pay Request ❑
COPIES
DATE
NO. DESCRIPTION
1
12/14/15
Certified Resolution 2015-86 Revoking CUP 1984-07
1
12/14/15
Certified Resolution 2015-87 Revoking CUP 1985-04
1
12/14/15
Certified Resolution 2015-88 Revoking CUP 1996-04
❑
Returned for corrections
❑ Return corrected prints
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For review and comment
®
THESE ARE TRANSMITTED as checked below:
❑
For approval
❑
Approved as submitted
❑ Resubmit copies for approval
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For your use
❑
Approved as noted
❑ Submit copies for distribution
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As requested
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Returned for corrections
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For review and comment
®
For Recording
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FORBIDS DUE
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PRINTS RETURNED AFTER
LOAN TO US
REMARKS Jean - The Findings of Fact for each revocation are attached to the certified resolutions because I'm not
sure if they need to be recorded with the resolutions. Discard them if they are not needed.
COPY TO: Drew Ingvalson, Planner
S
If enclosures are not as noted, kindly notify us at once.
CERTIFICATION
STATE OF MINNESOTA )
) ss
COUNTY OF CARVER )
I, Karen J. Engelhardt, duly appointed and acting Deputy Clerk for the City of Chanhassen,
Minnesota, do hereby certify that I have compared the foregoing copy of Resolution No.
2015-86 `Resolution Revoking Conditional Use Permit #1984-07 For A Horse Stable"
adopted by the Chanhassen City Council on December 14, 2015 with the original copy now
on file in my office and have found the same to be a true and correct copy thereof.
Witness my hand and official seal at Chanhassen, Minnesota, this 17`h day
of December, 2015.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: December 14, 2015 RESOLUTION NO: 2015-86
MOTION BY: McDonald SECONDED BY: Tiornhom
A RESOLUTION REVOKING
CONDITIONAL USE PERMIT #1984-07 FOR A HORSE STABLE
WHEREAS, the subject property, located at 675 Lakota Lane, received a conditional use
permit for a horse stable on August 22, 1984, Conditional Use Permit #1984-07; and
WHEREAS, Conditional Use Permit #1984-07 was recorded in the Office of the County
Recorder in Carver County, Minnesota, as Document No. 60734 in Book 79 of Misc. page 277-278 on
August 23, 1984; and
WHEREAS, the subject property was rezoned from Single -Family Residence District (R-1)
to Agricultural Estate District (A-2) on December 15, 1986, as part of Ordinance No. 80; and
WHEREAS, city staff visited the subject property and spoke with the property owner of the
site to verify compliance with the conditions of the conditional use permit and discovered that the
conditional use permit was not needed for the property since horse stables are a permitted accessory
use in the Agricultural Estate District (A-2), per City code Sec. 20-573; and
WHEREAS, the City Council, after notice and public hearing, reviewed Conditional Use
Permit #1984-07 for Section 36 Township 116 Range 023 IN NW1/4 DESC AS: COMM AT A PT
WHERE W LINE NW1/4 INTERSECTS NLY R -O -W OF RR & TH ELY ALONG NLY R -O -W
292' TO INTERSECT WITH ELY R -O -W HWY 101 BEING PT OF BEG TH NELY ALONG
ELY R -O -W HWY 101 WHOSE COURSE IS AS FOLLOWS DEFL LEFT FROM NLY R -O -W
OF RR 70* 4 (PID: 250362300).
NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby
revokes Conditional Use Permit #1984-07.
Passed and adopted by the Chanhassen City Council this 14a` day December of 2015.
ATT
T dd Gerhardt, City Manager
YES NO
Laufenburger
Campion
McDonald
Ryan
Tjomhom
41441,f k"x4�
Denny Lau burger, t4ayor
ABSENT
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
The revocation of Conditional Use Permit #1984-07 for a Horse Stable. On August 22, 1984, the
City Council approved Conditional Use Permit 41984-07 to allow the stabling of four (4) horses on
an R-1, Single Family Residence District, property located at 675 Lakota Lane. The subject
property was rezoned in 1986 from Single -Family Residence District (R-1) to Agricultural Estate
District (A-2). Horse stables are a permitted accessory use in the Agricultural Estate District (A-2),
per City Code Section 20-573, making the existing conditional use permit unnecessary.
On December 14, 2015, the Chanhassen City Council met at its regularly scheduled meeting to
consider the revocation of Conditional Use Permit #1984-07. The City Council conducted a
public hearing on the proposed conditional use permit, which was preceded by published and
mailed notice. The City Council heard testimony from all interested persons wishing to speak
and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Agriculture Estate (A-2).
2. The property is guided by the Land Use Plan for Residential Low Density.
3. The legal description of the property is:
Section 36 Township 116 Range 023 IN NWl/4 DESC AS: COMM AT A PT WHERE W
LINE NW I/4 INTERSECTS NLY R -O -W OF RR & TH ELY ALONG NLY R -O -W 292'
TO INTERSECT WITH ELY R -O -W HWY 101 BEING PT OF BEG TH NELY ALONG
ELY R -O -W HWY 101 WHOSE COURSE IS AS FOLLOWS DEFL LEFT FROM NLY R-
OW OF RR 70* 4 (PID: 250362300).
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: There will be no changes on the property due to the revocation of the
conditional use permit. The revocation of the conditional use permit 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 the conditional use permit 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 alteration to the property for the revocation of
the conditional use permit. Therefore, the appearance and existing or intended character
of the neighborhood 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 the property for the revocation of
the conditional use permit. 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 the
conditional use permit. The property is 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
the conditional use permit.
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.
Finding: The revocation of the conditional use permit 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 the property is currently adequate and will not
be altered by the revocation of the conditional use permit.
i. Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
Finding: The revocation of the conditional use permit 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: The property is currently aesthetically compatible with their surrounding area
and this compatibility will not be changed by the revocation of their conditional use
permit.
k. Will not depreciate surrounding property values.
Finding: The revocation of the conditional use permit 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 the conditional use permit is consistent with City Code
regarding Conditional Use Permits.
5. The staff report, Planning Case #2015-25, dated December 14, 2015, prepared by Drew
Ingvalson, et al, is incorporated herein.
DECISION
The City Council approves the Revocation of Conditional Use Permit #1984-07, Planning
Case #2015-25.
ADOPTED by the Chanhassen City Council this 14th day of December, 2015.
CITY OF CHANHASSEN
(SEAL)
BY:
enny L,p6fenl urge , Mayor
CERTIFICATION
STATE OF MINNESOTA )
) ss
COUNTY OF CARVER )
I, Karen J. Engelhardt, duly appointed and acting Deputy Clerk for the City of Chanhassen,
Minnesota, do hereby certify that I have compared the foregoing copy of Resolution No.
2015-87 "Resolution Revoking Conditional Use Permit #1985-04 For Bed and
Breakfast" adopted by the Chanhassen City Council on December 14, 2015 with the
original copy now on file in my office and have found the same to be a true and correct copy
thereof.
Witness my hand and official seal at Chanhassen, Minnesota, this 17' day
of December, 2015.
Q.W�l
KarJ. Enge dt, Dep }Clerk
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: December 14, 2015 RESOLUTION NO: 2015-87
MOTION BY: McDonald SECONDED BY: Tiornhom
A RESOLUTION REVOKING
CONDITIONAL USE PERMIT #1985-04 FOR A BED AND BREAKFAST
WHEREAS, the subject property, located at 1161 Bluff Creek Drive, received a conditional
use permit for a bed and breakfast on March 14, 1985, Conditional Use Permit #1985-04; and
WHEREAS, Conditional Use Permit #1985-04 was recorded in the Office of the County
Recorder in Carver County, Minnesota, as Document No. 70210 on roll 3 of microfilm page 734-737
on March 19, 1985; and
WHEREAS, city staff visited the subject property and spoke with the property owner of the
site to verify compliance with the conditions of the conditional use permit and discovered that the
conditional use was not present on the property; and
WHEREAS, the bed and breakfast conditional use has not been taking place on the property
for over six (6) months; and
WHEREAS, City Code Section 20-236 states, "if the conditional use is discontinued for six
(6) months, the conditional use permit shall become void; and
WHEREAS, the City Council, after notice and public hearing, reviewed Conditional Use
Permit #1985-04 for Section 35 Township 116 Range 023 P/O N1/2 DESC AS: COMM AT NW
CORN NI/2 TH S86*E ON N LINE 1084.33' TO INTERSECT WITH CENTERLINE OF RD TH
S48*E ALONG CENTERLINE 197.50' TH S 33*E ALONG CENTERLINE 1150' TH S38*E ON
CENTERLINE 710.75' TH S25*E ON CENTERLINE 507.30' TH S68*E ON CENTERLINE (PID:
250350800).
NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby
revokes Conditional Use Permit #1985-04.
Passed and adopted by the Chanhassen City Council this 10 day December of 2015.
ATTES��-�—'tel
r �
erhardt, City Manager Denny La enburg , Mayor
YES NO ABSENT
Laufenburger
Campion
McDonald
Ryan
Tjornhom
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
The revocation of Conditional Use Permit #1985-04 for a Bed and Breakfast. On March 14, 1985,.
the City Council approved Conditional Use Permit #1985-04 for abed and breakfast at the subject
property. This conditional use permit has become void due to its discontinued use for at least six (6)
months and may now be revoked by the city per Section 20-236 and Section 20-237 of City Code.
On December 14, 2015, the Chanhassen City Council met at its regularly scheduled meeting to
consider the revocation of Conditional Use Permit #1985-04. The City_ Council conducted a
public hearing on the proposed conditional use permit, which was preceded by published and
mailed notice. The City Council heard testimony from all interested persons wishing to speak
and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Agricultural Estate (A-2).
2. The property is guided by the Land Use Plan for Residential Medium Density.
3. The legal description of the property is:
Section 35 Township 116 Range 023 P/O N1/2 DESC AS: COMM AT NW CORN N1/2 TH
S86*E ON N LINE 1084.33' TO INTERSECT WITH CENTERLINE OF RD TH S48*E
ALONG CENTERLINE 197.50' TH S 33*E ALONG CENTERLINE 1150' TH S38*E ON
CENTERLINE 710.75' TH S25*E ON CENTERLINE 507.30' TH S68*E ON
CENTERLINE (PID: 250350800).
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: The conditional use has not been in use on the property for at least the past six
(6) months, but most likely for much longer. The revocation of the conditional use permit
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 the conditional use permit 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 alteration to the property for the revocation of
the conditional use permit. Therefore, the appearance and existing or intended character
of the neighborhood 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 the property for the revocation of
the conditional use permit. 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 alteration in services required by the revocation of the
conditional use permit. The property is 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
the conditional use permit.
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.
Finding: The revocation of the conditional use permit 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 the property is currently adequate and will not
be altered by the revocation of the conditional use permit.
i. Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
Finding: The revocation of the conditional use permit will not result in the destruction,
loss or damage of solar access, natural, scenic or historic features of major significance.
2
j. Will be aesthetically compatible with the area.
Finding: The property is currently aesthetically compatible with their surrounding area
and this compatibility will not be changed by the revocation of their conditional use
permit.
k. Will not depreciate surrounding property values.
Finding: The revocation of the conditional use permit 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 the conditional use permit is consistent with City Code
regarding Conditional Use Permits.
5. The staff report, Planning Case #2015-25, dated December 14, 2015, prepared by Drew
Ingvalson, et al, is incorporated herein.
The City Council approves the revocation of Conditional Use Permit #1985-04, Planning
Case #2015-25.
ADOPTED by the Chanhassen City Council this 140' day of December, 2015.
CITY OF CHANHASSEN
(SEAL)
BY:
Denny La anburger ayor
CERTIFICATION
STATE OF MINNESOTA )
) ss
COUNTY OF CARVER )
I, Karen J. Engelhardt, duly appointed and acting Deputy Clerk for the City of Chanhassen,
Minnesota, do hereby certify that I have compared the foregoing copy of Resolution No.
2015-88 "Resolution Revoking Conditional Use Permit #1996-04 For Amateur Radio
Tower" adopted by the Chanhassen City Council on December 14, 2015 with the original
copy now on file in my office and have found the same to be a true and correct copy thereof.
Witness my hand and official seal at Chanhassen, Minnesota, this 17th day
of December, 2015.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: December 14, 2015
MOTION BY: McDonald
RESOLUTION NO: 2015-88
SECONDED BY: Tiornhom
A RESOLUTION REVOKING
CONDITIONAL USE PERMIT #1996-04 FOR AN AMATEUR RADIO TOWER
WHEREAS, the subject property, located at 1225 Hesse Farm Circle, received a
conditional use permit for an amateur radio tower on August 26, 1996, Conditional Use Permit
#1996-04; and
WHEREAS, Conditional Use Permit #1996-04 was recorded in the Office of the County
Recorder in Carver County, Minnesota, as Document No. 205783 on January 10, 1997; and
WHEREAS, city staff visited the subject property and spoke with the property owner of
the site to verify compliance with the conditions of the conditional use permit and discovered
that the conditional use was not present on the property; and
WHEREAS, the amateur radio tower conditional use has not been taking place on the
property for over six (6) months; and
WHEREAS, City Code Section 20-236 states, "if the conditional use is discontinued for
six (6) months, the conditional use permit shall become void; and
WHEREAS, the City Council, after notice and public hearing, reviewed Conditional Use
Permit #1996-04 for Lot 18, Block 1, The Hesse Farm Addition (PID: 253300150).
NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby
revokes Conditional Use Permit #1996-04.
Passed and adopted by the Chanhassen City Council this 14'' day December of 2015.
ATTEST:
AA
erhardt, City Manager
YES NO
Laufenburger
Campion
McDonald
Ryan
Tjomhom
ABSENT
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
The revocation of Conditional Use Permit #1996-04 for an Amateur Radio Tower. On August 26,
1996, the City Council approved Conditional Use Permit #1996-04 for a 75 -foot amateur radio
tower located at the subject property. This conditional use permit has become void due to its
discontinued use for at least six (6) months and may now be revoked by the city per Section 20-236
and Section 20-237 of City Code.
On December 14, 2015, the Chanhassen City Council met at its regularly scheduled meeting to
consider the revocation of Conditional Use Permit #1996-04. The City Council conducted a
public hearing on the proposed conditional use permit, which was preceded by published and
mailed notice. The City Council heard testimony from all interested persons wishing to speak
and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Rural Residential (RR).
2. The property is guided by the Land Use Plan for Residential Large Lot.
3. The legal description of the property is: Lot 18, Block 1, The Hesse Farm Addition
(PID: 253300150)
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: The conditional use has not been in use on the property for at least the past six
(6) months, but most likely for much longer. The revocation of the conditional use permit
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 the conditional use permit 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 alteration to the property for the revocation of
the conditional use permit. Therefore, the appearance and existing or intended character
of the neighborhood 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 the property for the revocation of
the conditional use permit. 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 the
conditional use permit. The property is 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
the conditional use permit.
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.
Finding: The revocation of the conditional use permit 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 the property is currently adequate and will not
be altered by the revocation of the conditional use permit.
i. Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
Finding: The revocation of the conditional use permit 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: The property is currently aesthetically compatible with their surrounding area
and this compatibility will not be changed by the revocation of their conditional use
permit.
k. Will not depreciate surrounding property values.
Finding: The revocation of the conditional use permit 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 the conditional use permit is consistent with City Code
regarding Conditional Use Permits.
5. The staff report, Planning Case #2015-25, dated December 14, 2015, prepared by Drew
Ingvalson, et al, is incorporated herein.
DECISION
The City Council approves the revocation of Conditional Use Permit #1996-04, Planning
Case 42015-25.
ADOPTED by the Chanhassen City Council this 14'x' day of December, 2015.
CITY OF CHANHASSEN
(SEAL)
BY:
Denny La fen urger,Mayor-0