Approval Letter-IUP 1-25-21L CITY OF ClIANHASSENz
O.0q
4' H ASS Chanhassen is a Community for Life-Providing for Today and Planning for Tomorrow
January 26, 2021
Brian and Keri Colvin
825 Flying Cloud Drive
Chaska, MN 55318
Re: Golf Driving Range at 825 Flying Cloud Drive- Interim Use Permit 2021-02
Dear Mr. and Ms. Colvin:
This letter is to notify you that on Monday, January 25, 2021, the Chanhassen City Council
approved an Interim Use Permit to operate a golf driving range at 825 Flying Cloud Drive,
subject to the following conditions:
1) This Interim Use Permit will terminate 12 months after the parcels to the north across
Flying Cloud Drive, 850 Flying Cloud Drive and 780 Flying Cloud Drive, connect to city
sewer.
2) Prior to resuming operations, the property owner must schedule an inspection of the
property to verify that the property meets building, accessibility, and property
maintenance codes. The property owner must provide the inspector access to the interior
and exterior areas of the property. All health and safety items noted during the inspection
must be corrected prior to reopening, and any remaining items will need to be addressed
by the dates noted on any compliance letters that result from the inspection.
3) Property owner must provide evidence that a septic compliance inspection took place at
the time of sale. This evidence must show that requirements of Carver County Ordinance
Section 52.199 were followed at the time of property transfer. If no septic compliance
inspection occurred, a compliance inspection must be conducted and any deficiencies
correct.
4) Prior to resuming operations, a fire inspection must be conducted. All health and safety
items noted during the inspection must be corrected prior to reopening, and any
remaining items will need to be addressed by the dates noted on any compliance letters
that result from the inspection.
5) No development, grading, or expansion of the site is permitted beyond what was
approved under Interim Use Permit 98-2, Conditional Use Permit 98-2, Wetland
Alteration Permit 98-1, and Site Plan 98-8, as restated and amended.
6) The applicant must improve the existing rain garden within the swale on the north and
west side of
theu addition. Improvements should include plantings such as trees, shrubs,
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7700 MARKET BOULEVARD • PO BOX 147•CHANHASSEN • MINNESOTA 55317
Brian and Keri Colvin
825 Flying Cloud Drive— IUP 2021-02
January 26, 2021
Page 2
and perennials. A landscape plan should be submitted to the city for approval. Minor
grading may also be necessary to ensure the rain garden functions properly.
7) A minimum of 45 landscape trees (all existing trees) must be maintained within the
developed area (from back of building north up to right-of-way).
8) Six over-story, deciduous trees must be planted around the parking lot.
9) Driving range nets complying with pervious recommendations from the DNR shall be
installed by June 14, 2021. A $2,500 escrow shall be provided to ensure that the nets are
installed and that all stray golf balls are collected from the floodplain.
10)A pesticide and fertilizer maintenance program shall be submitted to the city by April 1
of each year. Storage of all chemicals shall be outside of the floodplain.
11)The property owner shall be responsible for maintenance of the storm drainage
improvements (ponds and ditches). Failure to properly maintain the storm drainage
improvement shall give the city the right to hire out the work and bill the applicant and/or
revoke the Interim Use Permit.
12)The building must be painted in earth tones.
13)The property owner shall submit an access permit application to Carver County Public
Works.
14)Permits must be obtained for the construction of, alteration of, or occupancy use changes
to any buildings on the site.
15)Any further site development or land alterations that occur within the floodplain or near
the wetland may require additional approvals or permitting. Any change to the site must
be approved and properly permitted.
16)The property owner shall apply for and obtain permits from the appropriate regulatory
agencies, as necessary, i.e. City of Chanhassen, Carver County, Lower Minnesota River
Watershed District, Minnesota Pollution Control Agency, Minnesota Department of
Natural Resources, and Army Corps of Engineers and Minnesota Department of
Transportation and comply with their conditions of approval.
This permit may be revoked in the following circumstances:
1) Violation of the conditions under which the permit was issued.
2) Upon change in the city's zoning regulations which renders the use nonconforming.
3) Upon the subdivision of the property or the alteration of the lot lines of the property.
Brian and Keri Colvin
825 Flying Cloud Drive—IUP 2021-02
January 26, 2021
Page 3
4) The interim use is discontinued for six months.
5) City sewer is extend to the parcels to the north as described in Condition 1.
Please be aware that Conditions of Approval 2, 3, 4, and 13 should addressed before resuming
operations. Staff will be conducting an inspection on June 18, 2021 to verify that Conditions 6, 7,
8, and 9 have been addressed, and that there is continued compliance with all other Conditions of
Approval. After this initial inspection, the city will conduct annual inspections preceded by a
mailed notice to verify that the property is in compliance with all applicable conditions.
If you have any questions, please contact me at 952-227-1132 or
mwalters@ci.chanhassen.mn.us.
Sincerely,
MacKenzieyY ung-Walters, AICP
Associate Planner
Encl.
c:Building File
ec: Eric Tessman, Building Official
Don Nutter, Fire Marshal
Matt Unmacht, Water Resources Coordinator
Jill Sinclair, Environmental Resources Specialist
g:\plan\2021 planning cases\21-02 825 flying cloud dr-golf zone\approval letter_nip 2021-02.docx
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES
INTERIM USE PERMIT #2021-02
1.Permit. Subject to the terms and conditions set forth herein,the City of Chanhassen
hereby grants an Interim Use Permit for the operation of a golf driving range.
2.Property. The permit is for the following described property("subject property")in
the City of Chanhassen, Carver County, Minnesota:
The East half of the Southeast Quarter(E '/2 of SE 1/4)of Section 35, Township 116 North of
Range 23 West, excepting therefrom one half('/2) acre in the Northeast Corner, being all that part
lying North of the Chaska and Shakopee Road, also the North 26 acres of the Northwest Quarter
of the Southeast Quarter(N 26 A of NW '/4 of SE 1/4) of Section 35, Township 116, Range 23,
containing in all 105.50 acres; also excepting therefrom the following described parcel of land,
to-wit: Commencing at a point in center line East and West of Section 35, Township 116 North,
Range 23 West which point bears West 30 rods from the Northeast corner of the Northwest
Quarter of the Southeast Quarter of said Section 35, thence West 50 rods to the Quarter post,
thence South on the Quarter line 40 rods to the Shakopee Road, thence Northeasterly along said
road to place of beginning situated in the Northwest Quarter of the Southeast Quarter of Section
35, Township 116, Range 23 and containing 6 acres of land less the amount sold to the State of
Minnesota for Trunk Highway purposes; also Excepting therefrom a parcel of land sold to the
State of Minnesota for Trunk Highway purposes and described in that certain Warranty Deed
dated January 23, 1924 and filed for record in the office of the Register of Deeds in and for
Carver County, Minnesota on March 5, 1924 at 11 o'clock A.M. and recorded therein in Book 33
of Deeds on page 5; also: Excepting therefrom a parcel of land sold to the State of Minnesota for
Trunk Highway purposes and described in that certain Warranty Deed dated January 28, 1924
and filed for record in the office of the Register of Deeds in and for Carver County, Minnesota
on March 5, 1924 at 11 o'clock A.M. and recorded therein in Book 33 of Deeds on page 6.
3.Conditions. The permit is issued subject to the following conditions:
1
1) This Interim Use Permit will terminate 12 months after the parcels to the north across
Flying Cloud Drive, 850 Flying Cloud Drive and 780 Flying Cloud Drive, connect to city
sewer.
2) Prior to resuming operations, the property owner must schedule an inspection of the
property to verify that the property meets building, accessibility, and property
maintenance codes. The property owner must provide the inspector access to the interior
and exterior areas of the property. All health and safety items noted during the inspection
must be corrected prior to reopening, and any remaining items will need to be addressed
by the dates noted on any compliance letters that result from the inspection.
3) Property owner must provide evidence that a septic compliance inspection took place at
the time of sale. This evidence must show that requirements of Carver County Ordinance
Section 52.199 were followed at the time of property transfer. If no septic compliance
inspection occurred, a compliance inspection must be conducted and any deficiencies
correct.
4) Prior to resuming operations, a fire inspection must be conducted. All health and safety
items noted during the inspection must be corrected prior to reopening, and any
remaining items will need to be addressed by the dates noted on any compliance letters
that result from the inspection.
5) No development, grading, or expansion of the site is permitted beyond what was
approved under Interim Use Permit 98-2, Conditional Use Permit 98-2, Wetland
Alteration Permit 98-1, and Site Plan 98-8, as restated and amended.
6) The applicant must improve the existing rain garden within the swale on the north and
west side of the addition. Improvements should include plantings such as trees, shrubs,
and perennials. A landscape plan should be submitted to the city for approval. Minor
grading may also be necessary to ensure the rain garden functions properly.
7) A minimum of 45 landscape trees (all existing trees) must be maintained within the
developed area(from back of building north up to right-of-way).
8) Six over-story, deciduous trees must be planted around the parking lot.
9) Driving range nets complying with pervious recommendations from the DNR shall be
installed by June 14, 2021. A $2,500 escrow shall be provided to ensure that the nets are
installed and that all stray golf balls are collected from the floodplain.
10)A pesticide and fertilizer maintenance program shall be submitted to the city by April 1
of each year. Storage of all chemicals shall be outside of the floodplain.
11)The property owner shall be responsible for maintenance of the storm drainage
improvements (ponds and ditches). Failure to properly maintain the storm drainage
2
improvement shall give the city the right to hire out the work and bill the applicant and/or
revoke the Interim Use Permit.
12)The building must be painted in earth tones.
13)The property owner shall submit an access permit application to Carver County Public
Works.
14)Permits must be obtained for the construction of, alteration of, or occupancy use changes
to any buildings on the site.
15)Any further site development or land alterations that occur within the floodplain or near
the wetland may require additional approvals or permitting. Any change to the site must
be approved and properly permitted.
16)The property owner shall apply for and obtain permits from the appropriate regulatory
agencies, as necessary, i.e. City of Chanhassen, Carver County, Lower Minnesota River
Watershed District, Minnesota Pollution Control Agency, Minnesota Department of
Natural Resources, and Army Corps of Engineers and Minnesota Department of
Transportation and comply with their conditions of approval.
4. Termination of Permit. The city may revoke the permit following a public hearing
for the following:
1) Violation of the conditions under which the permit was issued.
2) Upon change in the city's zoning regulations which renders the use nonconforming.
3) Upon the subdivision of the property or the alteration of the lot lines of the property.
4) The interim use is discontinued for six months.
5) City sewer is extend to the parcels to the north as described in Condition 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.
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Dated: January 25, 2021
CITY OF CHANHASSEN
By:
Elise Ryan,Mayor
By:
Heather Johnston, Interim City Manager
STATE OF MINNESOTA )
ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
2021,by Elise Ryan,Mayor,and Heather Johnston,Interim 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
7700 Market Boulevard
P.O. Box 147
Chanhassen,MN 55317
952)227-1100
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