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CITY OF CIIANIIASSEN
Chanhassen is a Community for Life-Providing for Today and Planning for Tomorrow
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: MacKenzie Walters, Assistant Planner
DATE: November 14, 2016
SUBJ: Revocation of Conditional Use Permits
PROPOSED MOTION:
City Council approves the resolutions revoking Conditional Use Permits
1985-01 and#2001-04, and adopts the attached Findings of Fact and
Decision."
City Council approval requires a simple majority vote.
BACKGROUND
Staff, as part of compliance review/inspections,has determined that the following conditional use
permits have not been in operation for more than six(6)months or that the properties have been
rezoned such that the existing conditional use is no longer permitted. Staff is proposing to revoke
these conditional use permits to eliminate unnecessary staff inspections. Upon inspection of the
properties whose conditional use permits have expired, staff has found that they are all being used
as permitted by their respective zoning districts.
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(City Code Section 20-237)or the discontinued use of the conditional use for six(6)months
City Code Section 20-236), shall constitute sufficient cause for the revocation of the conditional
use permit. The revocation of a conditional use permit is a quasi-judicial decision.
Staff is recommending that City Council revoke two (2) Conditional Use Permits(#1985-01, and
2001-04). One of these conditional uses (#2001-04)has not been used in the past six (6)
months,making it void per Section 20-236 of the city code, and one(#1985-01) applies to a
property which has been subdivided which violates the condition placed on every CUP by
Section 20-233(c) and constitutes cause for revocation under Section 20-237.
PH 952.227.1100• www.ci.chanhassen.mn.us• FX 952.227.1110
7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317
Notice of this public hearing has been mailed to all property owners within 500 feet.
CONDITIONAL USE PERMIT#1985-01
LOCATION: 9150 Great Plains Boulevard
PID: 25-0232100)
OWNER: James D. &Jennifer J. Wilson
5730 Yancy Avenue
New Germany, MN 55367
PRESENT ZONING: Agricultural Estate District (A-2)
2030 LAND USE PLAN: Residential Low Density
ACREAGE: 38.85 acres DENSITY: N/A
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BACKGROUND
On February 4, 1985,the City Council approved Conditional Use Permit#1985-01 to allow a
wholesale nursery, subject to conditions(Attachment#2). On June 27,2016 the City Council as
part of Planning Case#2016-13,the City Council approved a Conditional Use Permit for
development in the Bluff Creek Overlay District(BCOD),rezoning from Agricultural Estate
District(A-2)to Residential Low and Medium Density(RLM), and a 46 lot, six outlots and
public right-of-way preliminary plat with variance for the use of a private street and a 20-foot
setback variance from the Bluff Creek Primary zone subject to the conditions of approval
Attachment#3). Section 20-233(c)makes it a condition of every condition use permit that the
property not be subdivided. Conditional Use Permit#1985-01 should have been revoked as part
of the rezoning. Since that did not occur, it can now be revoked under Section 20-237 as the
subdivision was a violation of the conditions placed upon the conditional use permit. Letters
informing the property owner of the revocation of Conditional Use Permit#1985-01 were sent
on October 26, 2016.
Staff report continued on the next page)
CONDITIONAL USE PERMIT#2001-04
LOCATION: 1560 Bluff Creek Drive
PID: 25-0262100)
TAX PAYER: Durene Klinglehutz
1560 Bluff Creek Drive
Chaska, MN 55318
PRESENT ZONING: Agricultural Estate District(A-2)
2030 LAND USE PLAN: Residential Low Density
ACREAGE: 34.71 acres DENSITY: N/A
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BACKGROUND
On July 9, 2001 the City Council approved Conditional Use Permit#2001-04 for two accessory
buildings and a horse ring, subject to conditions (Attachment#8). From conversations with the
property owner staff has determined that horses have not been kept on the property for over six
6)months. Letters informing the property owner of the revocation of Conditional Use Permit
2001-04 were sent on October 26, 2016.
ANALYSIS
One of the conditional uses (#2001-04)has not been used in the past six (6)months. This
conditional use permit has 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."
The conditions placed on the other Conditional Use Permit(#1985-01)by Section 20-233(c)
were violated when the property was subdivided and the conditional use permit should have been
voided at that time as stipulated by Section 20-237.
Procedurally, the city must take the void conditional use permits through the public hearing
process to have them revoked. Both property owners have been mailed a letter informing them
that their conditional use permit has become void due to their discontinued use or the subdivision
of property,respectively, and that their conditional use permit will be officially revoked by the
Chanhassen City Council on November 14, 2016 following a public hearing.
RECOMMENDATION
Staff recommends that the City Council approve resolutions revoking Conditional Use Permits
1985-01 and#2001-04.
ATTACHMENTS
1. Findings of Fact and Decision for CUP 1985-01.
2. Conditional Use Permit#1985-01.
3. Conditional Use Permit#2016-13.
4. CUP #1985-01 Void Letter.
5. Resolution for CUP #1985-01.
6. Public Hearing Notice Affidavits of Mailing for CUP 1985-01.
7. Findings of Fact and Decision for CUP 2001-04.
8. Conditional Use Permit#2001-04.
9. CUP #2001-04 Void Letter.
10. Resolution for CUP #2001-04.
11. Public Hearing Notice Affidavits of Mailing.
G:\PLAN\2016 Planning Cases\2016-23 Revocation of Conditional Use Permits\CC Staff Report
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
The revocation of Conditional Use Permit#1985-01 for a Wholesale Nursery. On February 4,
1985,the City Council approved Conditional Use Permit#1985-01 for a wholesale nursery at the
subject property. Section 20-233(c)makes it a condition of every condition use permit that the
property not be subdivided. On June 27, 2016 the City Council approved the subdivision of this
parcel. Conditional Use Permit#1985-01 should have been revoked as part of the subdivision
process. Since that did not occur, it can now be revoked under Section 20-237 as the subdivision
was a violation of the conditions placed upon the conditional use permit. Letters informing the
property owner of the revocation of Conditional Use Permit#1985-01 were sent on October 26,
2016.
On November 14, 2016, the Chanhassen City Council met at its regularly scheduled meeting to
consider the revocation of Conditional Use Permit#1985-01. 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 Low Density.
3. The legal description of the property is:
The East Half of the East Half of the South Half of the Southeast Quarter, and the Southeast
Quarter of the Northeast Quarter of the Southeast Quarter of Section 23, Township 116,
Range 23.
And also that part of the North Half of the Southwest Quarter of Section 24, Township 116,
Range 23, lying southerly of the north 730 feet as measured along westerly line thereof and
lying westerly of the center line of State Highway No. 101, the centerline of which is
described as follows: Beginning at the point on the North line of the Southwest Quarter of
Section 24, Township 116, range 23, a distance of 632.52 feet east of the Northwest corner of
the Southwest Quarter; the bearing of the North line of the Southwest Quarter is assumed to
be South 88 degrees 46 minutes 29 seconds east. Thence South 4 Tangential curve, concave
to the east radius of 1962.29 feet a distance of 393.62 feet. Thence South 7 degrees 13
minutes 34 seconds East tangent to the last described curve, a distance of 217.65 feet thence
on a tangential curve, concave to the west having a central angle of 14 degrees 29 minutes 17
seconds and a radius of 1166.15 feet a distance of 294.88 feet,more or less, to a point on the
South line of the North Half of the Southwest Quarter of Section 24, and there terminating
said point distance 660.44 feet easterly of the Southwest corner of the North Half of the
Southwest Quarter.
All in Carver County, Minnesota, and subject to all easements of record. (9150 Great Plains
Blvd)
PID: 25-0232100).
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 is not allowed by the new zoning. 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.
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 2016-23, dated November 14, 2016,prepared by MacKenzie
Walters, is incorporated herein.
DECISION
The City Council approves the revocation of Conditional Use Permit#1985-01, Planning
Case 2016-23.
ADOPTED by the Chanhassen City Council this November 14, 2016.
CITY OF CHANHASSEN
SEAL)
BY:
Denny Laufenburger, Mayor
CERTIFICATION
STATE OF MINNESOTA
ss
COUNTY OF CARVER
I , Karen J. Engelhardt, duly appointed , qualified and acting
Deputy Clerk for the City of Chanhassen, Minnesota , do hereby
certify that I have compared the foregoing copy of Conditional
Use Permit for Mark VanHoef & Jim Wilson for a wholesale nursery
with the original copy, now on file in my office, and have found
the same to be a true and correct copy thereof and as approved by the
City Council.
Witness my hand and official seal at Chanhassen , Minnesota,
this 11th day of February 19 85
Kar= Jrnggi ardt, Deputy Clerk
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
CONDITIONAL USE PERMIT
1 . Permit. Subject to the terms and conditions set
forth herein, the City of Chanhassen hereby grants a conditional
use permit for: Mark VanHoef and Jim, Wilson for a wholesale
nursery.
2. Property. The permit is for the following described
property in the City of Chanhassen, Carver County, Minnesota:
See attached Exhibit "A" .
3 . Conditions. The permit is issued subject to the
following conditions :
1 . The site plan stamped "Received January 21 , 1985" as on file
in the City Planner' s Office and indexed as Planning Case
85-1.
4. Termination of Permit. The City may revoke the
permit following a public hearing under any of the following
circumstances : material change of condition of the neighborhood
where the use is located; violation of the terms of the permit.
Oat?
5. Criminal Penalty. Violation of the terms of this
conditional use permit is a criminal misdemeanor.
Dated: j
CITY OF CHANHASSEN
By: h
Itis Mayor
By: 2 (:49:Z)
Its Clerk
STATE OF MINNESOTA)
ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this
gth day of 19K, by Thomas L. Hamilton,
Mayor , and Don Ashwort , City Manager of the City of Chanhassen,
a Minnesota municipal corporation, on behalf of the corporation.
A I
No .ry • b
x" ,,, KAREN J. ENGELHARDT
IttNOTARY PUBLIC-MINNESOTA
CAFLvtR COUNTY
My Commission Expires Oct.11 1885
0rsl
EXHIBIT "A"
The East Half of the East Half of the South Half of the Southeast
Quarter, and the Southeast Quarter of the Northeast Quarter of
the Southeast Quarter of Section 23 , Township 116 , Range 23 .
And also that part of the North Half of the Southwest Quarter of
Section 24, Township 116 , Range 23 , lying southerly of the north
730 .00 feet as measured along westerly line thereof and lying
westerly of the centerline of State Highway 101 , the centerline,
of which is described as follows: Beginning at a point on the
North line of the Southwest Quarter of Section 24, Township 116 ,
Range 23 , a distance of 632. 52 feet east of the Northwest corner
of said Southwest Quarter; the bearing of the North line of the
Southwest Quarter is assumed to be South 88 degrees 46 minutes 29
seconds East. Thence South 4 degrees 24 minutes 47 seconds West,
a distance of 413 .72 feet, thence on a tangential curve, concave
to the east having a central angle of 11 degrees 38 minutes 21
seconds and a radius of 1962.29 feet a distance of 393 .62 feet.
Thence South 7 degrees 13 minutes 34 seconds East tangent to the
last described curve, a distance of 217.65 feet thence on a
tangential curve concave to the west having a central angle of 14
degrees 29 minutes 17 seconds and a radius of 1166.15 feet a
distance of 294. 88 feet, more or less, to a point on the South
line of the North Half of the Southwest Quarter of Section 24 and
there terminating said point distance 660 . 44 feet easterly of the
Southwest corner of the North Half of the Southwest Quarter.
All in Carver County, Minnesota and subject to all easements of
record.
DOCUMENT NO.
OFFICE OF COUNTY RECORDER
STATE OF MINNESOTA
COUNTY OF CARVER
This is to certify that this document
was filed in this office on theotlday
of19 -A•D.at R•3
M. and was duly recorded on roll
of microfilm paged— S
Carl W.Hanson Jr.
County Recorder i
by.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES
CONDITIONAL USE PERMIT#2016-13
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:
For the Foxwood residential development project to develop within the Bluff Creek
Overlay District.
2. Property. The permit is for the following-described property located at 9150 and
9250 Great Plains Boulevard("subject property")in the City of Chanhassen,Carver County,
Minnesota:
Foxwood Addition, Carver County, Minnesota
3.Conditions. The permit is issued subject to the following conditions:
a. Infiltration basin IB 1 located north of Lots 10, 11, 16 and 17 of block 1 shall be
evaluated for methods to reduce tree loss.
b. The Bluff Creek Overlay District Boundaries shall be shown to be incidental with the
boundaries of Outlots A and C.
c. Any grading within the Bluff Creek Overlay District must be restored with native
vegetation. A planting schedule and vegetation maintenance plan of at least 3 years
shall be provided to the city for review and approval.
d. Signage will be required at every lot corner and angle point along the private lots
adjacent to the BCOD. The sign language shall be provided by the city and the signs
shall be at the developer's expense. These signs shall be placed by the developer prior
to selling any of the lots.
4. Termination of Permit. The City may revoke the permit following a public
hearing for violation of the terms of this permit.
1
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: June 27,2016
CITY OF CHANHASSEN
By:
Denny Laufenburger,Mayor
SEAL)
By:
Todd Gerhardt, City Manager
STATE OF MINNESOTA )
ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
2016,by Denny Laufenburger Mayor and Todd Gerhardt, 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.
Notary Public
DRAFTED BY:
City of Chanhassen
P.O. Box 147
7700 Market Boulevard
Chanhassen,MN 55317
952)227-1100
2
Y
CITY OF CHANIIASSEN
y w
9 Chanhassen is a Community for Life-Providing for Today and Planning for Tomorrow
1! AS
October 26, 2016
James D. & Jennifer J Wilson
5730 Yancy Avenue
New Germany, MN 55367
Re: Conditional Use Permit#1985-01 Wholesale Nursery
Dear Mr. and Ms. Wilson:
As part of the Foxwood development approved on June 27th, the city recognizes that a wholesale
nursery will not no longer be a permitted use at 9150 Great Plains Blvd. This nursery was
provisionally allowed through the Conditional Use Permit (CUP) #85-01. The conditional use
permit for this property has become void as a wholesale nursery is not a permitted use in RLM
zoning. The city will be revoking this conditional use permit at the November 14, 2016 City
Council Meeting.
Thank you for your cooperation and if you have questions or concerns, please contact me at 952-
227-1132 or mwalters@ci.chanhassen.mn.us.
Sincerely,
P' . * fig_,1
MacKenzie Walters
Assistant Planner
PH 952.227.1100• www.ci.chanhassen.ntn.us • FX 952.227.1110
7700 MARKET BOULEVARD • PO BOX 147 e CHANHASSEN • MINNESOTA 55317
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES,MINNESOTA
DATE: November 14,2016 RESOLUTION NO: 2016-
MOTION BY: SECONDED BY:
A RESOLUTION REVOKING
CONDITIONAL USE PERMIT #1985-01 FOR
A WHOLESALE NURSERY
WHEREAS, the subject property, located at 9150 Great Plains Blvd,received a
conditional use permit for a wholesale nursery on February 4, 1985, Conditional Use Permit
1985-01; and
WHEREAS, Conditional Use Permit#1985-01 was recorded in the Office of the County
Recorder in Carver County, Minnesota, as Document No. 69596 on February 12, 1985; and
WHEREAS, as part of the proposed Foxwood subdivision the property has been rezoned
from Agricultural Estate District to Residential Low and Medium Density District; and
WHEREAS, Section 20-233(c) stipulates it is a condition of every conditional use
permit that property for which the permit is issued not be subdivided or the lot lines of the
property altered; and,
WHEREAS, the City Council approved the subdivision of the property on June 27,
2016; and,
WHEREAS,the City Council, after notice and public hearing, reviewed Conditional Use
Permit#1985-01 for 9150 Great Plains BLVD (PID: 25-0232100),respectively; and
NOW, THEREFORE,BE IT RESOLVED that the Chanhassen City Council hereby
revokes Conditional Use Permit#1985-01.
Passed and adopted by the Chanhassen City Council this November 14, 2016.
ATTEST:
Todd Gerhardt, City Manager Denny Laufenburger, Mayor
YES NO ABSENT
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
ss.
COUNTY OF CARVER )
I, Kim T. Meuwissen,being first duly sworn, on oath deposes that she is and was on
November 3,2016, 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 1985-01 (9150 Great Plains Boulevard)
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.
I .%
4 ,
Ki T. Meuwissen, Dep• - erk
Subscribed and sworn to before me
this 3 day of N mon be v 2016.
ary Publicotc
oi19-I JENNIFER ANN POTTER
Notary Public-Minnesota
la;+ My Commission Expires Jan 31,2020
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
The revocation of Conditional Use Permit#2001-04 for a Horse Stable. On July 9,2001,the City
Council approved Conditional Use Permit#2001-04 to allow a horse stable to be located on 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 November 14, 2016, the Chanhassen City Council met at its regularly scheduled meeting to
consider the revocation of Conditional Use Permit#2001-04. 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 District(A-2).
2. The property is guided by the Land Use Plan for Residential Low Density.
3. The legal description of the property is:
Parcel "D"
That part of the South Half of the Northwest Quarter of the Southwest Quarter of Section 26,
Township 116, Range 23, and that part of the Southweast Quarter of the Southwest Quareter
of Said Section 26, which lies northeasterly of the centerline of Bulff Creek Drive as
dedicated to the Hesse Farms 2nd Addition, and easterly of a line drane paraleel with and
130.67 feet easterly of the west line of said Southwest Quarter. (1560 Bluff Creek Road)
PID: 25-0262100).
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. 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 2016-23, dated November 16, 2016, prepared by MacKenzie
Walters, is incorporated herein.
DECISION
The City Council approves the Revocation of Conditional Use Permit#2001-04, Planning
Case 2016-23.
ADOPTED by the Chanhassen City Council this November 16, 2016.
CITY OF CHANHASSEN
SEAL)
BY:
Denny Laufenburger, Mayor
Document No. OFFICE OF THE
A299214 COUNTY RECORDER
1111111 II II II
CARVER COUNTY,MINNESOTA
Filing Fee $20 00 Check# 7961
Certified filed and recorded on 10.30.2001 at 12.30 AM P ,
10-30-01
0;1
CR rd r
County
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES,MINNESOTA
CONDITIONAL USE PERMIT#2001-4
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 construction within the Secondary Zone of Bluff Creek Overlay District in an A-2 District,for a
barn,shed and a horse ring
2. Property. The permit is for property situated in the City of Chanhassen, Carver County,
Minnesota,and legally described as follows:
Parcel"D"
That part of the South Half of the Northwest Quarter of the Southwest Quarter of Section 26,Township
116,Range 23,and that part of the Southwest Quarter of the Southwest Quarter of said Section 26,which
lies northeasterly of the centerline of Bluff Creek Drive as dedicated on The Hesse Farms 2""Addition,and
easterly of a line drawn parallel with and 130.67 feet easterly of the west line of said Southwest Quarter.
1560 Bluff Creek Road)
3. Conditions. The permit is issued as shown on the plans dated received June 20,2001,
subject to the following conditions:
a. The applicant enters into a conditional use permit agreement with the city.
b. All disturbed areas shall be revegetated with a combination of the native vegetation listed in the
Maple-Basswood Forest and Mesic Oak Forest communities of Appendix C of the Bluff Creek
Natural Resources Management Plan("Bluff Creek Environmental Corridor Common Plant
Species of Natural Communities").
c. The applicant shall apply for a stable permit.
d. All disturbed drainage swale areas on the site shall maintain a minimum 2%slope.
e. Any importing or exporting of dirt will require a grading permit.
1
Y
4. Termination of permit. The City may revoke the permit following a public hearing for violation
of the terms of this permit.
5. I apAP. 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: July 9,2001
CITY OF CHANHASSEN
By 77
Linda C.Jans- i, or
By: .r.&
odd Gerhardt,Acting City Manager
STATE OF MINNESOTA )
ss
COUNTY OF CARVER
44
The foregoing instrument was acknowledged before me this day of
2001, by Linda C.Jansen,Mayor and Todd Gerhardt, Acting City Manager,of the City Chanhassen, a
Minnesota municipal corporation,on behalf of the corporation and pursuant to authority granted by its City
Council.
No 1 y 'ublic
DRAFTED I)?
AAAAAAAAA
City of Chanhassen s h`ka's KAREN J. ENGELHARD
690 City Center Drive J7....5
Chanhassen,MN 55317 1y.,i NOISfy Pub
xl
MsinROSOta
612)937-1900 My Commission Expifos 113112005
VVVVVVYVVVVVVVV
A Y 0
CITY OF ClIANIIASSEN
L
9 S Chanhassen is a Community for Life-Providing for Today and Planning for Tomorrow
H AS
October 26, 2016
Durene D Klingelhutz
1560 Bluff Creek Drive
Chaska, MN 55318
Re: Conditional Use Permit#2001-04
Dear Ms. Klinglehutz:
The city recognizes that there are no longer horses being stabled at 1560 Bluff Creek Drive,
provisionally allowed through the Conditional Use Permit(CUP)#2001-04. The conditional use
permit for this property has 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."
The city will be revoking this conditional use permit at the November 14, 2016 City Council
Meeting.
Thank you for your cooperation and if you have questions or concerns,please contact me at 952-
227-1132 or mwalters@ci.chanhassen.mn.us.
Sincerely,
4.c,4€0,
MacKenzie Walters
Assistant Planner
PH 952.227.1100• www.ci.chanhassen.mn.us• FX 952.227.1110
7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES,MINNESOTA
DATE: November 14, 2016 RESOLUTION NO: 2016-
MOTION BY: SECONDED BY:
A RESOLUTION REVOKING
CONDITIONAL USE PERMIT#2001-04 FOR
A HORSE STABLE
WHEREAS,the subject property, located at 1560 Bluff Creek Drive, received a
conditional use permit for a horse stable on July 9, 2001, Conditional Use Permit#2001-04; and
WHEREAS, Conditional Use Permit#2001-04 was recorded in the Office of the County
Recorder in Carver County, Minnesota as Document No. A299214 on October 30, 2001; 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 horse stable 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#2001-04 for 1560 Bluff Creek Drive(PID: 25-0262100),respectively; and
NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby
revokes Conditional Use Permit#2001-04.
Passed and adopted by the Chanhassen City Council this November 14, 2016.
ATTEST:
Todd Gerhardt, City Manager Denny Laufenburger, Mayor
YES NO ABSENT
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
ss.
COUNTY OF CARVER )
I,Kim T. Meuwissen,being first duly sworn, on oath deposes that she is and was on
November 3,2016, 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 2001-04 (1560 Bluff Creek Drive)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.
s
el:44
Kim T. Meuwissen, Dep ty Clerk
Subscribed and sworn to before me
this 3 day of Nov- iiki w 2016.
otary Public
d''''*Q
JENNIFER ANN POTTER
1401 Notary Public"MinnesotaEmeJan31.MyCommtrelon
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