Interim Use Permit 96-2
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
INTERIM USE PERMIT #96-2
1. Permit. Subject to the terms and cOJ;ldltionS set forth herein, the City of Chanhassen
hereby grants an interim use permit for the following use:
- Allow for the operation of a wholesale and retail nursery. No other use Or accessory use
. . shall be permitted on the site unless approved by the City Council.
2. Property. The permit is for property situated in the City of Chanhassen, Carver County,
Minneso~and'legally described as follows:
see attached ''Exhibit A"
3. Conditions. The permit is issued based on the findings presented in the staff report and
site plan dated July 8; 1996 (prepared by Dick Henning Enterprise) and subject to the following
conditions:
a. Area 4 as shown on the site plan shall not be used for the storage of equipment, materials, or
vehicles associated with the garden center. Storage or display of nursery stock is permitted
in Area 4.
b. A fifty foot setback shall be maintained from all properties lines for the storage of materials,
grbwing ranges, and parking, except that the existing parking area and display area adjacent
to Highway 212 and Highway 101 (southeast comer of the property) may continue to be
used for these purposes. No materials or displays shall be placed within the right-of-way or
obstruct the view of the traveling public. The storage of materials over three (3) feet in
height shall be prohibited in the site triangle of Highway 101 and 212.
c. Hours of operation shall be from 7:00 a.m. to 9:00 p.m., Monday through Friday and 9:00
a.m. to 5:00 p.m. on Saturday and Sunday. The sale of seasonal merchandise consisting of
pumpkin and Christmas tree sales shall be permitted from 7:00 a.m. to 10:00 p:m.
d. Exterior light sources shall be shielded.
e. No outside speaker system shall be allowed.
f. The use shall terminate one year following the availability of public sewer and water
service. An annual review shall be made to determine compliance with the attached
conditions.
g. Signage shall comply with city ordinances.
h. Stop signs shall be erected at the intersections of the driveways and Highways 101 and212.
1. No equipment or vehicles shall be stored on the site with the exception of employee
vehicles and equipment necessary for the operatiol!.!)fthe nursery. No other contractors
equipment shall be stored on the properly.
J. Permanent landscaping shall be provided along Highway 101. The applicant shall submit a
landscaping plan for staff review prior to consideration by the City Council.
k. No outside storage of equipment and materials unrelated to the nursery business shall be
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permitted.
L The twQ white (32 x 40 foot) structures shall not be used for retail purposes. Storage of
equipmerit and materials is permitted in these buildings.
m. No grading of the property shall be permitted unless a grading permit is obtained from the
City.
n. The applicant shall work with MnDOT in examining the possibility of relocating the access
. point on TIf 212 furtherto the west and providing a deceleration lane along westbound TIf
212 in conjunction with the Highway212 improvements.
4. Termination of Permit. The City may revoke the permit following a public hearing for
violation of the terms of this permit.
5. Lapse. Ifwithin 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 8. 1996
CITY OF CHANHASSEN
By: ~../~~~ ,
onald J. .el, ayor
By. ~~f~~
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
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The foregoing instrument was acknowledged before me this ~day of
1 ifi.b. by Donald J. Chmiel, Mayor and Don Ashworth, City Manager, of the i of ass en, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to uthority granted by
its City Council.
~
DRAFfEDBY: .
Campbell, Knutson, Scott
& Fuchs, P A.
Suite317
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
RNK
KARENj ENGElHARDT
@"-';;NOTARYpUeuC.MINNESOTA
.>> CARVER COUNTY
Mf Cormlisslon Expires Jar\. 31.~.
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
INTERIM USE PERMIT #96-2
I. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby grants an interim use permit for the following use:
Allow for the operation of a wholesale and retail nursery. No other use or accessory use
shall be permitted on the site unless approved by the City Council.
2. Property. The permit is for property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described as follows:
see attached "Exhibit A"
3. Conditions. The permit is issued based on the findings presented in the staff report and
site plan dated July 8, 1996 (prepared by Dick Henning Enterprise) and subject to the following
conditions:
a.
Area 4 as shown on the site plan shall not be used for the storage of equipment, materials, or
vehicles associated with the garden center. Storage or display of nursery stock is permitted
in Area 4.
~
b.
A fifty foot setback shall be maintained from all properties lines for the storage of materials,
growing ranges, and parking, except that the existing parking area and display area adjacent
to Highway 212 and Highway 101 (southeast comer of the property) may continue to be
used for these purposes. No materials or displays shaH be placed within the right-of-way or
obstruct the view of the traveling public. The storage of materials over three (3) feet in
height shall be prohibited in the site triangle of Highway 101 and 212.
Hours of operation shall be from 7:00 a.m. to 9:00 p.m., Monday through Friday and 9:00
a.m. to 5:00 p.m. on Saturday and Sunday. The sale of seasonal merchandise consisting of
pumpkin and Christmas tree sales shall be permitted from 7:00 a.m. to 10:00 p.m.
Exterior light sources shall be shielded.
~
c.
d.
e.
No outside speaker system shall be allowed.
The use shall terminate one year following the availability of public sewer and water
service. An annual review shall be made to determine compliance with the attached
conditions.
f.
g.
h.
Signage shall comply with city ordinances.
Stop signs shall be erected at the intersections of the driveways and Highways 101 and 212.
1.
No equipment or vehicles shall be stored on the site with the exception of employee
vehicles and equipment necessary for the operation of the nursery. No other contractors
equipment shall be stored on the property.
Permanent landscaping shall be provided along Highway 101. The applicant shall submit a
landscaping plan for staff review prior to consideration by the City Council.
No outside storage of equipment and materials unrelated to the nursery business shall be
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permitted.
The two white (32 x 40 foot) structures shall not be used for retail purposes. Storage of
equipment and materials is permitted in these buildings.
No grading of the property shall be permitted unless a grading permit is obtained from the
City.
n. The applicant shall work with MnDOT in examining the possibility of relocating the access
point on TH 212 further to the west and providing a deceleration lane along westbound TH
212 in conjunction with the Highway 212 improvements.
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 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 8. 1996
CITY OF CHANHASSEN
By: ~-/~~~,
onald J. iel, ayor
By: 4ta~
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this ~day Of~
lrfJb, by Donald J. Chmiel, Mayor and Don Ashworth, City Marmger,:the i of nhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to uthority granted by
its City Council.
;} dJV1::mOBY.
"ha Campbell, Knutson, Scott
& Fuchs, PA
Suite 317
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
RNK
A. KAREN J ENGELHARDT
@"-';:NOTARYPUBUC-MINNESOTA
J}. CARVER COUNTY i
. lA, CommisSion Expires Jan. 31, 2000 ~
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EXHIBIT A
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That part of the Southeast Quarter of the Northeast Quarter of
Section 35, Township 116 North, Range 23 West of the Fifth
Principal Meridian which lies southerly of the southerly right-
of-way line of the Chicago << North Western Transportation Co. and
lying westerly and northwesterly of the centerline of State
Highway No. 101 as laid out and traveled, EXCEPT the following
described parcel:
Commencing at a point in the centerline of the Chicago
Northwestern Rai lway main tracks said point being
646.50 feet Westerly of the East line of the Northeast
one-quarter of said Section 35 as measured along the
centerline of said tracks; thence Southeasterly at an
angle of 80 degrees 35 minutes 18 seconds as measured
from East to South from the centerline of said tracks,
a distance of 402.77 feet to the point of beginning of
the parcel to be described; thence Northwesterly along
the last described line, a distance of 224.31 feet to
the Southerly right-of-way line of the said Chicago
Northwestern Railway; thence Easterly along said
Southerly right-of-way line a distance of 467.90 feet;
thence Southwesterly to the point of beginning.
Document No:
STATE OF MIN~967
CARVER COUNTY RECORDER
(Abstract Department)
Filling Fee: /960 Copy Fee: b 0
Check NO:/8' <367 Cash
~ /99'7
:Ied On _ _ /
Carl W. Hanson Jr., County Recorder
By:~q t/\clffi(