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IUP - For RecordingGITY OF CHANHASSEN ENGINEERING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952)227-1',t60 FAX (952) 227-1170 LETTER OF TRANSMITTAL DATE 2t1t21 JOB NO. PC 2021-02 & PC 2021-03 ATTENTION Jean Olson RE E Specifications! Shop drawings E Copy of letter E PrintsE Change Order I Plans E SamplesI Pay Request tr NO.DESCRIPTIONCOPIESDATE lnterim Use Permil2O2l-02 (Golf Driving Range)1t25121 2021-021 2021-03 lnterim Use Permit 2021-03 (Erhart IUP)1 1t26t21 I THESE ARE TRANSMITTED AS ChECKEd bEIOW: E For approval I Approved as submitted f] Resubmit copies for approval E Foryouruse ! Approved as noted E Submit copies for distribution I As requested ! Retumed for corrections E Retum conected prints E For review and comment X Recording E FORBIDSDUE E PRINTSRETURNEDAFTERLOANTOUS REMARKS Jean, if you have any questions, please contact MacKenzie Young-Walle$ a1952-227 -1132 or mwalters@ci.chanhassen. mn.us regarding IUP 2021-02 or Bob Generous at 952-227 -'1131 ot bgenerous@ci.chanhassen.mn.us regarding IUP 202'l-03. Thank you. SIGNE Jean Ste 7 -11 lf enclosures are nol as noted, kindly notify us at once. rng,(95212 TO: Campbell Knutson PA Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 WE ARE SENDING YOU X Attached E Under separate cover via the following items: t COPY TO: CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES INTERI M USE PERMIT #2021-02 l. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants an Interim Use Permit for the operation ofa golfdriving range. 2. Prooertv. The permit is for the lollowing described property ("subject property") in the City of Chanhassen, Carver County, Minnesota: The East half ofthe Southeast Quarter (E %of SE %) of Section 35, Township 116 North of Range 23 West, excepting therefrom one halt (%) acre in the Northeast Comer, being all that part lying North ofthe Chaska and Shakopee Road, also the North 26 acres ofthe Northwest Quarter of the Southeast Quarter (N 26 A ofNW Y, of SE %) ofSection 35, Township I16, Range 23, containing in all 105.50 acres; also excepting therefiom 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 comer of the Northwest Quarter ofthe Southeast Quarter ofsaid 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 ofthe Southeast Quarter ofSection 35, Township 1 16, Range 23 and containing 6 acres ofland less the arnount sold to the State of Minnesota for Trunk Highway purposes; also Excepting therefiom a parcel ofland 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 ofthe Register of Deeds in and for Carver County, Minnesota on M arch 5, 1924 at I I o'clock A.M. and recorded therein in Book 33 ofDeeds 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 offrce of the Register of Deeds in and for Carver County, Minnesota on March 5,1924 al l l o'clock A.M. and recorded therein in Book 33 of Deeds on page 6' I 3. Conditions. The permit is issued subject to the following conditions: l) This Interim Use Permit will terminate l2 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 verifu 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 fiom 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 ofthe 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 ofthe 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 ofbuilding 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 $2,500 escrow shall be provided to ensure that the nets are installed and that all stray golfballs are collected fiom the floodplain. 10) A pesticide and fertilizer maintenance pro$am shall be submiued to the city by April 1 of each year. Storage of all chemicals shall be outside of the floodplain. I 1) 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, .ui necessary, i.e. City of Chanhassen, Carver County, Lower Minnesota fuver 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 suMivision 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. !4pg9. If within one year of the issuance ofthis 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 Penaltv. Violation of the terms of this conditional use permit is a criminal misdemeanor. J Dated: January25,202l CITY OF CHANHASSEN By: se Ryan, Mayor Heather Johnston.City Manager STATE OF MINNESOTA ) (ss. )COUNTY OF CARVER The foregoing instrument was acknowledged before -" trri, l3{-aay or 2021, by Elise Ryan, Mayor, and Heather Johnston, Interim City Manager, ofthe City of C a Minnesota municipal corporation, on behalfofthe corporation and pursuant to authority granted by its City Council. otary Pu DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (9s2)227-|tN Ii t KIM T. MEUWISSEN Notary Public-Minnesota co.n ib6hn Exti6 J'1 31. 26 4