IUP - RecordedCAMPBELL KNUTSON
PROFESSIONAL • ASSOCIATION
February 9, 2021
Roger N. Knutson Ms. Jean StecklingElliottB. Knetsch
Cl of ChanhassenJoelJ.Jamnik
Andrea McDowell Poehler 7700 Market Boulevard
Soren M.Mattick P.O. Box 147
David S.Kendall Chanhassen, MN 55317
Henry A. Schaeffer,III
Alina Schwartz
Shana N. Conklin Re: Miscellaneous Recordings
James J. Monge,III
Jerome M. Porter Dear Ms. Steckling:Leah C.M. Koch
Meagan K. Kelley
Please find enclosed, for the City's files,the following documents which have been
Thomas J. Campbell*erecorded with Carver County:
Retired
1.Interim Use Permit 2021-03 recorded February 3, 2021 as document number
A716938;
2.Interim Use Permit 2021-02 recorded February 5, 2021 as document number
A717108;
3.Variance 2021-07 recorded February 2, 2021 as document number T217799;
4.Variance 2021-06 recorded February 2, 2021 as document number A716771;
5.Variance 2021-05 recorded January 20, 2021 as document number T217577;
6.Variance 2021-01 recorded January 20, 2021 as document number A715721.
Thank you.
Very truly yours,
CITY OF CHANHASSEN
CAMPBELL KNUTSON RECEIVED
Professional Association
FEB 12 2021
CHANHASSEN PLANNING DEPT
Jean Olson,'e=. Ass' •nt
Enclosures
2007860
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES
INTERIM USE PERMIT #2021-03
1.Permit. Subject to the terms and conditions set forth herein,the City of Chanhassen
hereby grants an interim use for grading per the plans dated December 4,2020 prepared by Alliant
Engineering, Inc.
2.Property. The permit is for the following described properties("subject
properties") in the City of Chanhassen,Carver County, Minnesota:
See attached Exhibit"A"
3. Conditions. The permit is issued subject to the following conditions:
Engineering
1. The applicant and their engineer shall work with city staff in amending the Erosion and
Sediment Control Plans,dated December 4, 2020, prepared by Mark Rausch, PE with Alliant
Engineering, Inc., to fully satisfy Sec. 19-145 of City Ordinance and address any staff
concerns.
2. All erosion control reviewed and approved in conjunction with Condition No. 1 shall be
installed prior to the initiation of any site grading. Inspection and approval by the city of the
installed erosion control measures must be had prior to grading operations.
3. The applicant shall supply a cash escrow or letter of credit in the amount of$27,517.50 prior
to grading operations.
4. A survey of the proposed stockpile location shall be provided before grading operations and
after grading operations to delineate the total area and volume of material stockpiled in
conjunction with this Interim Use Permit.
5. Permitted hours of operation will be 7:00 a.m. to 6:00 p.m., Monday through Friday, and
9:00 a.m. to 5:00 p.m. on Saturday, with no work permitted on Sunday or public holidays.
6. The Interim Use Permit shall be approved for a period of one(1) year from the date of City
Council approval. The applicant will need to request a formal extension 60 days prior to the
expiration date of the Interim Use Permit.
7. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, as
necessary, i.e. Riley Purgatory Bluff Creek Watershed District, Carver County, Minnesota
Pollution Control Agency, Minnesota Department of Natural Resources, Army Corps of
Engineers, etc. and comply with their conditions of approval.
Environmental Resources
1
1. Wherever erosion control measures are not present, the applicant shall install tree protection
fencing at the edge of grading and hauling limits throughout the haul route and stockpile area
prior to any work being done.
2. Unless there are frozen soil conditions as determined by the city, the applicant shall install
ground protection mats with an underlayment of shredded wood mulch on the entire length of
the haul route. The mats will require an inspection by the city prior to use.
3. The applicant is required to submit a restoration plan that includes the replacement of trees
within the buffer area and the haul route. The quantity shall be determined to match the
existing density occurring in the forest outside of the construction limits.
4. Soil compaction tests shall be taken and levels documented post construction. If soil bulk
density exceeds limits to plant growth (1.0g/cc), then appropriate restoration methods shall
be employed such as aeration as directed by the city.
5. No vegetation outside of the wetland boundary shall be removed on city property.
6. No access to the project site shall be allowed through city property.
7. The removal of the wooded areas for the dredging of the pond shall not be permitted on the
city-owned parcel and should be preserved on the other two parcels.
Water Resources
1. The applicant must limit all grading to the wetland boundary. No grading or vegetation
removal is allowed beyond the wetland into the upland.
2. The wetland boundary must be completely flagged and walked with the city's Water
Resources Coordinator before any construction activities can begin.
3. Erosion and sediment control measures must be adequately in place before construction
begins.
4. No grading is permitted in the Type 3 portion of Wetland 2 (see plans for further details).
Area of non-disturbance must be flagged prior to construction and approved by the city's
Water Resources Coordinator.
5. The applicant shall apply for and obtain permits through the Riley Purgatory Bluff Creek
Overlay District, including dredging, floodplain.
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
2
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: January 26,2021
3
CITY OF CHANHASSEN
0 ifT.°1tFr`'
fie(0 ) 09.'% , Elise Ryan,Mayor
i rBy?7:'
i% ••,; •' .4y Her Johnston, In • City Manager
STATE OF MINNESOTA )
ss
COUNTY OF CARVER )
1
The foregoing instrument was acknowledged before me this day of I br
202J,by Elise Ryan,Mayor,and Heather Johnston,Interim City Manager,of the City of Chanhas en,
a Minnesota municipal corporation,on behalf of the corporation and pursuant to authority granted by
its City Council.
T
Notary Publi
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard KIM T. MEUWISSEN
Notary Public-Mira
P.O. Box 147
r:c' My comma ExPiree J""31•2025
Chanhassen,MN 55317
952)227-1100
4
EXHIBIT "A"
TO
INTERIM USE PERMIT #2021-03
LEGAL DESCRIPTION OF CITY PROPERTY:
Outlot E, Foxwood,Carver County, Minnesota
LEGAL DESCRIPTION OF ERHART PROPERTY:
Parcel 2:
Outlot A, Butternut Ridge Addition, Carver County, Minnesota.
EXCEPTING THEREFROM the following:
Tract A: Outlot A, Butternut Ridge Addition, Carver County, Minnesota; which lies westerly and
northwesterly of Line 1 described below:
Line 1: Commencing at the north quarter corner of Section 26,Township 116 North,Range 23 West;
thence run east on an azimuth of 89 degrees 58 minutes 40 seconds along the north line of said section
for for 523.29 feet to the point of beginning of Line 1 to be described; thence on an azimuth of 230
degrees 31 minutes 30 seconds for 125.85 feet; thence on an azimuth of 251 degrees 33 minutes 26
seconds for 423.16 feet; thence on an azimuth of 173 degrees 19 minutes 17 seconds for 594.73;
thence on an azimuth of 180 degrees 48 minutes 53 seconds for 493.70 feet to a point on the south
line of said Tract A and there terminating.
ALSO EXCEPTING THEREFROM the following:
That part of Outlot A, Butternut Ridge Addition, Carver County, Minnesota, lying westerly of the
westerly right of way line of Trunk Highway No. 101, MINNESOTA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY PLAT NO. 10-46, AND 10-47, according to the recorded
plats thereof,Carver County,Minnesota, and easterly of the following described line:
Commencing at point B7 of said right of way plat; thence South 89 degrees 34 minutes 41 seconds
West, assumed bearing,along the south line of said Outlot A 32.22 feet to the point of beginning of a
line to be described; thence northerly 200.91 feet along a non tangential curve, concave to the west,
central angle 20 degrees 11 minutes 41 seconds, radius 570.00 feet, chord bearing North 09 degrees
18 minutes 16 seconds West; thence northwesterly 435.88 feet along a compound curve, concave to
the southwest, radius 703.00 feet, central angle 35 degrees 31 minutes 29 seconds; thence North 54
degrees 55 minutes 36 seconds West, along tangent, 516.07 feet to a point on said westerly right of
way line and said line there terminating.
5
ALSO EXCEPTING THEREFROM the following:
That part of Outlot A,Butternut Ridge Addition according to the recorded plat thereof,Carver County,
Minnesota lying westerly of a line described as follows:
Commencing at the South corner of Lot 2, Block 4, Foxwood, according to the recorded plat thereof
Carver County,Minnesota;thence on an assumed bearing of North 00 degrees 02 minutes 05 seconds
West along the East line of said Lot 2 a distance of 189.51 feet to the Northeast corner of said Lot 2
and the point of beginning of said line; thence South 48 degrees 05 minutes 58 seconds East 61.09
feet; thence South 41 degrees 54 minutes 02 seconds West 134.40 feet to the Southwesterly line of
said Lot 2 and said line there terminating.
Also:
That part of Lot 2, Block 4, Foxwood, according to the recorded plat thereof, Carver County,
Minnesota lying easterly of a line described as follows:
Commencing at the Southerly corner of Lot 2, Block 4, Foxwood, according to the recorded plat
thereof,Carver County,Minnesota;thence on an assumed bearing of North 00 degrees 02 minutes 05
seconds West along the East line of said Lot 2 a distance of 189.51 feet to the Northeast corner of said
Lot 2 and the point of beginning of said line; thence South 48 degrees 05 minutes 58 seconds East
61.09 feet; thence South 41 degrees 54 minutes 02 seconds West 134.40 feet to the Southwesterly
line of said Lot 2 and said line there terminating.
LEGAL DESCRIPTION OF 9197 EAGLE RIDGE RD:
TRACT A:
That part of the south 732.28 feet of the north 762.28 feet of the Southwest Quarter of the Southwest
Quarter, Section 24, Township 116 North, Range 23 West, Carver County, Minnesota, lying east of
the west 271.79 feet thereof and westerly of the centerline of State Highway No. 101 EXCEPT that
part thereof described as follows:
That part of the north 180 feet of the east 16.00 feet of the west 287. 79 feet of the Southwest Quarter
of the Southwest Quarter, Section 24, Township 116 North, Range 23 West, Carver County,
Minnesota,lying south of the north 30.00 feet thereof.
TRACT 8:
That part of the west 271.79 feet of the north 762.28 feet of the Southwest Quarter of the Southwest
Quarter, Section 24, Township 116 North, Range 23 West, Carver County, Minnesota, and that part
of the north 30.00 feet of said Southwest Quarter of the Southwest Quarter,lying east of the west 271.
79 feet thereof and westerly of the centerline of State Highway No. 101 described as:
That part of the north 330.00 feet of the east 16. 00 feet of the west 271. 79 feet of the Southwest
Quarter of the Southwest Quarter, Section 24, Township 116 North,Range 23 West,Carver County,
6
Minnesota, lying south of the north 180 feet thereof.
EXCEPTING from the above Tracts A and B the following:
That part of the Southwest Quarter of the Southwest Quarter of Section 24, Township 116 North,
Range 23 West,shown as Parcel 718 on Minnesota Department of Transportation Right of Way Plat
Numbered 10-19 as the same is on file and of record in the office of the County Recorder in and for
Carver County, Minnesota.
And also excepting:
That part of the South 732.28 feet of the North 762.28 feet of the Southwest Quarter of the Southwest
Quarter of Section 24, Township 116 North, Range 23 West, Carver County, Minnesota, lying
westerly of the westerly right of way line of Trunk Highway No. 101, Minnesota Department of
Transportation Right of Way Plat No. 10-19, 10-46 and 10-47 according to the recorded plats thereof,
Carver County, Minnesota, and easterly of the following described line:
Commencing at the intersection of the South line of said North 762.28 feet and said westerly right of
way line; thence on an assumed bearing of North 89 degrees 53 minutes 00 seconds West for a
distance of 16.48 feet along said south line to the point of beginning of the line to be described;thence
northerly 360.89 feet along a non-tangential curve, concave to the east, central angle 23 degrees 12
minutes 25 seconds,radius 891.00 feet,chord bearing North 02 degrees 01 minutes 29 seconds West;
thence North 09 degrees 34 minutes 44 seconds East 361.10 feet;thence North 10 degrees 37 minutes
41 seconds East 18.22 feet to the North line of the South 732.28 feet of the North 762.28 feet and said
line there terminating.
And also excepting:
Parcel 271 Bon Minnesota Department of Transportation Right of Way Plat Numbered 10-47,Carver
7
Document Number: A716938
Filed and/or Recorded on
Feb 3, 2021 3:58 PM
Office of the County Recorder/Registrar of Titles
Carver County, Minnesota
Kaaren Lewis, County Recorder
Deputy KL
Document Recording Fees 46.00
Document Total 46.00
Requesting Party: City of Chanhassen
Pages: 8
This cover page has been added to this document by Carver County Land Records
and is now an official part of this recorded document
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES
INTERIM USE PERMIT#2021-03
1. Permit. Subject to the terms and conditions set forth herein,the City of Chanhassen
hereby grants an interim use for grading per the plans dated December 4, 2020 prepared by Alliant
Engineering, Inc.
2. Property. The permit is for the following described properties("subject
properties")in the City of Chanhassen, Carver County,Minnesota:
See attached Exhibit"A"
3. Conditions. The permit is issued subject to the following conditions:
Engineering
1. The applicant and their engineer shall work with city staff in amending the Erosion and
Sediment Control Plans, dated December 4, 2020,prepared by Mark Rausch, PE with Alliant
Engineering, Inc., to fully satisfy Sec. 19-145 of City Ordinance and address any staff
concerns.
2. All erosion control reviewed and approved in conjunction with Condition No. 1 shall be
installed prior to the initiation of any site grading. Inspection and approval by the city of the
installed erosion control measures must be had prior to grading operations.
3. The applicant shall supply a cash escrow or letter of credit in the amount of$27,517.50 prior
to grading operations.
4. A survey of the proposed stockpile location shall he provided before grading operations and
after grading operations to delineate the total area and volume of material stockpiled in
conjunction with this Interim Use Permit.
5. Permitted hours of operation will be 7:00 a.m. to 6:00 p.m., Monday through Friday, and
9:00 a.m. to 5:00 p.m. on Saturday, with no work permitted on Sunday or public holidays.
6. The Interim Use Permit shall be approved for a period of one(1) year from the date of City
Council approval. The applicant will need to request a formal extension 60 days prior to the
expiration date of the Interim Use Permit.
7. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, as
necessary, i.e. Riley Purgatory Bluff Creek Watershed District, Carver County, Minnesota
Pollution Control Agency, Minnesota Department of Natural Resources, Army Corps of
Engineers, etc. and comply with their conditions of approval.
Environmental Resources
1
1. Wherever erosion control measures are not present, the applicant shall install tree protection
fencing at the edge of grading and hauling limits throughout the haul route and stockpile area
prior to any work being done.
2. Unless there are frozen soil conditions as determined by the city,the applicant shall install
ground protection mats with an underlayment of shredded wood mulch on the entire length of
the haul route. The mats will require an inspection by the city prior to use.
3. The applicant is required to submit a restoration plan that includes the replacement of trees
within the buffer area and the haul route. The quantity shall be determined to match the
existing density occurring in the forest outside of the construction limits.
4. Soil compaction tests shall be taken and levels documented post construction. If soil bulk
density exceeds limits to plant growth(1.0g/cc), then appropriate restoration methods shall
be employed such as aeration as directed by the city.
5. No vegetation outside of the wetland boundary shall be removed on city property.
6. No access to the project site shall be allowed through city property.
7. The removal of the wooded areas for the dredging of the pond shall not be permitted on the
city-owned parcel and should be preserved on the other two parcels.
Water Resources
1. The applicant must limit all grading to the wetland boundary.No grading or vegetation
removal is allowed beyond the wetland into the upland.
2. The wetland boundary must be completely flagged and walked with the city's Water
Resources Coordinator before any construction activities can begin.
3. Erosion and sediment control measures must be adequately in place before construction
begins.
4. No grading is permitted in the Type 3 portion of Wetland 2 (see plans for further details).
Area of non-disturbance must be flagged prior to construction and approved by the city's
Water Resources Coordinator.
5. The applicant shall apply for and obtain permits through the Riley Purgatory Bluff Creek
Overlay District, including dredging, floodplain.
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
2
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: January 26, 2021
3
CITY OF CHANHASSEN
Av ,,?, •411,'i 11.7:91?-4;',/rIt: - By: yin4/(--,
f o--f?; ;r
4#
Elise Ryan, Mayor
tir .. ' '44 {-r He then Johnston In rim City Manager
fri147 !
STATE OF MINNESOTA )
ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this 1 day of br
2024,by Elise Ryan,Mayor,and Heather Johnston,Interim City Manager,of the City of Chanhas en,
a Minnesota municipal corporation,on behalf of the corporation and pursuant to authority granted by
its City Council.ss-
T-7.
Notary Publi
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard KIM T. MEUWISSEN
P.O. Box 147 Notary PuMinnesota25
My pammlaalon Exblic-plrea Jan 31,20
Chanhassen,MN 55317
952)227-1100
4
EXHIBIT "A"
TO
INTERIM USE PERMIT #2021-03
LEGAL DESCRIPTION OF CITY PROPERTY:
Outlot E, Foxwood, Carver County, Minnesota
LEGAL DESCRIPTION OF ERHART PROPERTY:
Parcel 2:
Outlot A,Butternut Ridge Addition, Carver County, Minnesota.
EXCEPTING THEREFROM the following:
Tract A: Outlot A, Butternut Ridge Addition, Carver County, Minnesota; which lies westerly and
northwesterly of Line 1 described below:
Line 1: Commencing at the north quarter corner of Section 26,Township 116 North,Range 23 West;
thence run east on an azimuth of 89 degrees 58 minutes 40 seconds along the north line of said section
for for 523.29 feet to the point of beginning of Line 1 to be described; thence on an azimuth of 230
degrees 31 minutes 30 seconds for 125.85 feet; thence on an azimuth of 251 degrees 33 minutes 26
seconds for 423.16 feet; thence on an azimuth of 173 degrees 19 minutes 17 seconds for 594.73;
thence on an azimuth of 180 degrees 48 minutes 53 seconds for 493.70 feet to a point on the south
line of said Tract A and there terminating.
ALSO EXCEPTING THEREFROM the following:
That part of Outlot A, Butternut Ridge Addition, Carver County, Minnesota, lying westerly of the
westerly right of way line of Trunk Highway No. 101, MINNESOTA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY PLAT NO. 10-46, AND 10-47, according to the recorded
plats thereof, Carver County,Minnesota, and easterly of the following described line:
Commencing at point B7 of said right of way plat; thence South 89 degrees 34 minutes 41 seconds
West, assumed bearing,along the south line of said Outlot A 32.22 feet to the point of beginning of a
line to be described; thence northerly 200.91 feet along a non tangential curve, concave to the west,
central angle 20 degrees 11 minutes 41 seconds,radius 570.00 feet, chord bearing North 09 degrees
18 minutes 16 seconds West; thence northwesterly 435.88 feet along a compound curve, concave to
the southwest, radius 703.00 feet, central angle 35 degrees 31 minutes 29 seconds; thence North 54
degrees 55 minutes 36 seconds West, along tangent, 516.07 feet to a point on said westerly right of
way line and said line there terminating.
5
ALSO EXCEPTING THEREFROM the following:
That part of Outlot A,Butternut Ridge Addition according to the recorded plat thereof,Carver County,
Minnesota lying westerly of a line described as follows:
Commencing at the South corner of Lot 2, Block 4,Foxwood, according to the recorded plat thereof
Carver County,Minnesota;thence on an assumed bearing of North 00 degrees 02 minutes 05 seconds
West along the East line of said Lot 2 a distance of 189.51 feet to the Northeast corner of said Lot 2
and the point of beginning of said line; thence South 48 degrees 05 minutes 58 seconds East 61.09
feet; thence South 41 degrees 54 minutes 02 seconds West 134.40 feet to the Southwesterly line of
said Lot 2 and said line there terminating.
Also:
That part of Lot 2, Block 4, Foxwood, according to the recorded plat thereof, Carver County,
Minnesota lying easterly of a line described as follows:
Commencing at the Southerly corner of Lot 2, Block 4, Foxwood, according to the recorded plat
thereof,Carver County,Minnesota;thence on an assumed bearing of North 00 degrees 02 minutes 05
seconds West along the East line of said Lot 2 a distance of 189.51 feet to the Northeast corner of said
Lot 2 and the point of beginning of said line; thence South 48 degrees 05 minutes 58 seconds East
61.09 feet; thence South 41 degrees 54 minutes 02 seconds West 134.40 feet to the Southwesterly
line of said Lot 2 and said line there terminating.
LEGAL DESCRIPTION OF 9197 EAGLE RIDGE RD:
TRACT A:
That part of the south 732.28 feet of the north 762.28 feet of the Southwest Quarter of the Southwest
Quarter, Section 24, Township 116 North, Range 23 West, Carver County, Minnesota, lying east of
the west 271.79 feet thereof and westerly of the centerline of State Highway No. 101 EXCEPT that
part thereof described as follows:
That part of the north 180 feet of the east 16.00 feet of the west 287. 79 feet of the Southwest Quarter
of the Southwest Quarter, Section 24, Township 116 North, Range 23 West, Carver County,
Minnesota,lying south of the north 30.00 feet thereof.
TRACT 8:
That part of the west 271.79 feet of the north 762.28 feet of the Southwest Quarter of the Southwest
Quarter, Section 24, Township 116 North, Range 23 West,Carver County, Minnesota, and that part
of the north 30.00 feet of said Southwest Quarter of the Southwest Quarter,lying east of the west 271.
79 feet thereof and westerly of the centerline of State Highway No. 101 described as:
That part of the north 330.00 feet of the east 16. 00 feet of the west 271. 79 feet of the Southwest
Quarter of the Southwest Quarter, Section 24,Township 116 North, Range 23 West, Carver County,
6
Minnesota,lying south of the north 180 feet thereof.
EXCEPTING from the above Tracts A and B the following:
That part of the Southwest Quarter of the Southwest Quarter of Section 24, Township 116 North,
Range 23 West,shown as Parcel 718 on Minnesota Department of Transportation Right of Way Plat
Numbered 10-19 as the same is on file and of record in the office of the County Recorder in and for
Carver County, Minnesota.
And also excepting:
That part of the South 732.28 feet of the North 762.28 feet of the Southwest Quarter of the Southwest
Quarter of Section 24, Township 116 North, Range 23 West, Carver County, Minnesota, lying
westerly of the westerly right of way line of Trunk Highway No. 101, Minnesota Department of
Transportation Right of Way Plat No. 10-19, 10-46 and 10-47 according to the recorded plats thereof,
Carver County,Minnesota, and easterly of the following described line:
Commencing at the intersection of the South line of said North 762.28 feet and said westerly right of
way line; thence on an assumed bearing of North 89 degrees 53 minutes 00 seconds West for a
distance of 16.48 feet along said south line to the point of beginning of the line to be described;thence
northerly 360.89 feet along a non-tangential curve, concave to the east, central angle 23 degrees 12
minutes 25 seconds,radius 891.00 feet,chord bearing North 02 degrees 01 minutes 29 seconds West;
thence North 09 degrees 34 minutes 44 seconds East 361.10 feet;thence North 10 degrees 37 minutes
41 seconds East 18.22 feet to the North line of the South 732.28 feet of the North 762.28 feet and said
line there terminating.
And also excepting:
Parcel 271 Bon Minnesota Department of Transportation Right of Way Plat Numbered 10-47,Carver
7