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77-01 - 7811.5 Great Plains Blvd CUP pt 1CITY OF CHANHASSEN. RESOLUTION NO. 80-04 CONDITIONAL USE PERMIT KLINGELHUTZ-BARNES COMMERCIAL BUILDING WHEREAS, application has been made by Wilbar, Inc. for a permit to convert an existing commercial retail sales office building to a commercial office building, said building being located upon the tract of land depicted on Exhibit A attached hereto and made a part hereof; and WHEREAS, said premises are zoned as Central Business District and the Chanhassen Zoning Ordinance (Ordinance 47) requires a condi- tional use permit for the proposed use; and WHEREAS, the City Council has given due consideration to said application; and WHEREAS, the City Planning Commission has .recommended the grant of a conditional use permit to the applicants upon such conditions as the City Council may impose; NOW, THEREFORE-, in consideration of the foregoing, a condi- tional use permit is hereby granted to the applicants herein to convert the subject commercial retail sales office building to a commercial office building, subject to the following terms and conditions, all of which shall be strictly complied with as being necessary for the protection of the public interest: 1. This permit is personal to said applicants, and shall not be assigned without written consent of the City. 2. The premises subject to the within conditional use permit are as described on Exhibit A attached hereto and made a part hereof. a. The within conditional use permit shall apply to the entire property. 3. The use of the premises shall be limited to the following: a. Business and professional office space on the first and second floors of the subject building. b. Uses shall be in strict accord with the plans submitted by the applicants to the City and as approved by the City Council on February 4, 1980. C. No changes in use shall occur except as may be permitted by an amended conditional use permit or by rezoning. 4. The within conditional use permit shall .je limited to thirty (30) years from the date hereof. 5. No change in the exterior dimensions, landscaping,. architec- tural design, or exterior decorating scheme of the building on the site shall be made except as may be permitted by an amended conditional use permit. Enlargement of said building. shall not be allowed. 6. All structures and improvements to the premises shall be well maintained and kept in a good state of repair. 7. Exterior storage, including waste and trash, shall be subject to the approval of the Zoning Administrator. 8. Vacant areas shall be sodded or seeded, and -shall be well maintained and free of weeds, trash and litter. 9. One business identification sign will be allowed on the site providing that the sign area shall not exceed twenty-eight (28) square feet. The identification sign shall be located south of the existing driveway as shown on Exhibit B attached hereto and made a part hereof, and shall be located outside of the public right-of-way and a muzimum of 25 ft. east of the Great Plains Blvd. curb line. All future additions or modifications to the message ccmponent of the sign will require the written approval of the Zoning Administrator and shall conform to the applicable ordinances of the City. 10. Building permits for interior remodeling shall not be issued until fully detailed and dimensioned building plans shall have been submitted for review and approval by the City Building Inspector and Zoning Administrator. 11. The establishment, maintenance, and operation of the use shall not be detrimental to nor endanger the .public health, safety, comfort or general welfare. 12. The use shall not be injurious to the use and enjoyment of other property, nor diminish nor impair property values within the immediate vicinity. 13. The activities conducted on the premises shall not cause the emission of noxious odors, nor cause noise. 14. The applicant shall comply with all City ordinances, applicable: fire codes, State laws, and regulations of State agencies and departments. -_ 15. The City reserves the right to review the within conditional use permit at any time to determine compliance with all conditions of the permit; and conditions may be added to this permit at any time if deemed necessary and in the public interest by the City following notice of public hearing thereon. 16. The City Council and Planning Commission have determined that in the grant of the within conditional use permit, the standards of SS23.06, as amended, of the Chanhassen Zoning Ordinance have been met. Adopted this 4th day of February, 1980. Attest: City Clerk/Manager ACCEPTANCE The undersigned owners and applicants hereby accept the terms and conditions of the permit herein granted and agree to be bound by the terms thereof. Wilbar, Inc. John D."Barnes, President Al H. KlingeaC Utz, retary Dated this day of %% 1980. w ConwwWn at a point on the nomft Centw line of ca 33. T lib, R.23 -ark.. thci R: 21=4 of right of my of the RaSUM&O amA DWa- ota► Iiiv ei m of the C.. U. a & St. FaW =il TO" zfttk2O Cwfa ew 13x* theaeecis thews s bo=27 alb asia Norvm lizo of s16i2t of say 390 ft . to a pa3at, thaces nosi3- 78 feet to a point, a vmt to Md& cuter li z* to a po3�# #28 ft,. -to p1we of SmxdAs. a&tziatAa is the N* W. 4 or. tbom Uox*U esat w of afetion 1�6 T. 116,. R.23 snd omtemg about + a=e of 23ZA, a= oar less accor&-UW to the plat the arl tha on faaa in the of cs of Re4 ater of Deeas Casxrr Cow Yd=. E=eot .that pert an file Ja tho offles of the reglste= of D Carte Co. 12-mrt. c onvsrs;aa to "=Oa#oa vall&Y Natio CO- a. .bed as fo23.aee. CommxXim at a► point on the N, and S. c*atsw 3i=0 of Sec. 3, 134 R 23 the ii. 31 of the riot of uay of the Easti.&s aTA Dakota D=:Lva, cc the C. m and 5t. paza � d stri:m said center ?irm aoce•-cf,thence easter27 a3an said. Noxth 3,ilm Of =.*l# of MW 300 M to a paiu# tics is the aaiie3 _point of ��nm thence =rtx 15 ft,. eztea Wit- 30 ft. tbmca south to tte sai+i -,=th 3.3ns of the r1.9mt of r of -_to Hastings an&DakmtaMvi=i= of the C. x. an& St. Paul R.R., zhm" s"tarly. along sa d -n=th lino to #its _=-Int of iae_gLn n - -�_ r - ' : � � . ar ✓" - '"''� e r a � t4- •i. _ �,� 'y,''� ,� ; � S t -� .: al t- ��•ai. i t" i ITY uF CHANHASSEN 7610 LAREDO DRIVE*P.O BOX 147aCHANHASSEN, MINNESOTA 65317 (612) 474-8885 March 12, 1980 Mr. Al Klingelhutz Klingelhutz-Cravens Realtors 7811z Great Plains Blvd. Chanhassen, MN 55317 Dear Al: I have enclosed a copy of your conditional to be signed by yourself and Jack Barnes. you would endorse this copy and return it and execution by the City, I will mail you Thank you for your cooperation. Sincerely, Mark Koegler City Planner MI:: k Enclosure use permit which needs I would appreciate it if to me. Upon its receipt a copy for your files. CITY OF 6 CHANHASSEN 7610 LAREDO DRIVE *P.O. BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 Act'wn by City Administrate?, PLANNING REPORT TO: Planning Commission and Staff FROM: City Planner, Mark Koegler DATE: January 23, 1980 Date— - Date Sutmihed to LanmissiDd D' b Zted to COURdl SUBJ: Klingelhutz/Cravens Conditional Use Permit, 73112 Great Plains Blvd. PLANNING CASE: P-337 Background Klingelhutz/Cravens recently proposed the installation of a sign for their offices located at 78112 Great Plains Blvd. The subject property is located in the CBD which requires a conditional use permit for signage. Upon examination of the file, it was determined that a conditional use permit was written for the structure in 1977 which allowed office uses on the second floor and retail (ceramic shop) space on the first floor. Since that time, the building has evolved into two floors of office uses housing three businesses; a real estate office, a secretarial service, and the offices for an electronic components representative. Since the original conditional use permit was not amended to reflect this change in usage, it is appropriate for a new permit to cover both the change in usage and the signage issue. Office Use As indicated in the background section of this report, the entire structure has been utilized for office space for some time. The office use versus the previous office/retail use seems appropriate and in all likelihood constitutes a less intensive use. Five parking spaces are located at the rear of the structure (site plan attached) and these combined with on street parking as well as a municipal lot directly across the street provide adequate parking to service the structure. In all probability, the retail space which previously occupied the building had a greater parking demand than the existing office use does. Signage Klingelhutz/Cravens propose the installation of a 21 square foot ( 3 feet by 7 feet ) free standing identification sign to be located Planning Report -2- January 21, 1980 on the south side of the entrance to the parking area. (See attach- ment). The Sign Committee has reviewed this proposal and recommend that approval be granted for a 28 square foot sign to be located south of the entrance drive &25 feet east of the curb line of Great Plains Blvd. (minutes attached). The recommendation of the larger sign was designed to accommodate future requests for signage proposed by either of the other businesses which occupy the structure. Staff Recommendation Staff suggests that the Planning Commission recommend approval of the conditional use permit as attached. This permit allows the conversion of the office/retail use to office use and the signage as approved by the Sign Committee. Further, staff and the city attorney's office do not see cause for a public hearing in this case and recommend waiving such under section 13.04 of Ordinance 47-A. These recommendations carry one contingency. Upon staff inspection of the property, it was noted that a garage located off of the northeast corner of the parking lot has been demolished however, the rubble has not been removed. This is a violation of Section 7 and 9 of the 1977 conditional use permit and as such, removal of the debris should be completed prior to the issuance of the permit as proposed. Planning Commission Recommendation At a meeting on January 23, 1980, the Planning Commission approved a motion recommending the issuance of the Conditional Use Permit as attached. The Commission further recommended holding the issuance of the permit until the debris on the site is removed. 19?� t�fih CITY OF CHANHASSEN RESOLUTION NO. CONDITIONAL USE PERMIT WILCH-BARNES COMMERCIAL BUILDING WHEREAS,.application has been made by Jack Barnes and Maurine Wilch for a permit to convert an existing residential duplex to a commercial. retail sales office building, said building being located upon the tract of land depicted on Exhibit A attached hereto and made a part hereof; and WHEREAS, said premises are zoned as Central Business . District and the Chanhassen Zoning Ordinance (Ordinance 47) requires a conditional use permit for the proposed use; and WHEREAS, the City Council has given due consideration to said application; and WHEREAS, the City Planning Commission has recommended the grant of a conditional use permit to the applicants upon such condi- tions as the City Council may impose; NOW, THEREFORE, in consideration of the foregoing, a con- ditional use permit is hereby granted to the applicants herein to convert the subject residential duplex to a commercial, retail sales, and office building, subject to the following terms and conditions, all of which shall be strictly complied with as being necessary for the protection of the public interest: 1. This permit is personal to said applicants, and shall not be assigned without written consent of the City. 2. The premises subject to the within conditional use permit are as described on Exhibit A attached hereto and made a part hereof. a. The within conditional use permit shall apply to the. entire property. 3. The use of the premises shall be limited to the following: a. Business and professional office space on the second floor of the subject building. b. Retail sales on the first floor of -the subject building. C. Uses shall be, in strict accord with the plans submitted by the applicants to the City and as approved by the City Council on May 2, 1977. d. No changes in use shall occur except as may be permitted by an amended conditional use permit or by rezoning. 4. The within conditional use permit shall be limited to thirty (30) years from the date hereof. 5. No change in .the exterior dimensions, landscaping, archi- tectural design, or exterior decorating scheme of the building on the site shall be made except as may be permitted by an amended -conditional use permit. Enlargement of said building shall not be allowed.. 6. The applicants agree to construct an asphalt twelve (12) stall automobile parking area on the subject property, and an asphalt access driveway, no later than October 1, 1977. The location and configuration of said parking area and access drive shall be as depicted. on Exhibit B attached hereto..and made a part hereof. For the purpose of assuring to the City that the above described parking area and driveway improvements to be constructed by the applicants shall be constructed according to the terms of this permit, and that the appli- carts shall pay all claims for work done and materials and supplies furnished for the performance of said construction, the applicants agree to furnish to the City a cash deposit in the amount of $1,650..00,. or in lieu thereof a corporate surety bond in said amount approved by the City and naming the City as obligee thereunder, or an irrevocable letter of credit which shall cover the period from the date hereof to December 31, 1977, inclusive, and which shall be approved by the City; said cash deposit, bond, or letter of credit, as the case may be, being conditioned upon the performance by the applicants of their obligations under §6 of this permit; said sum of $1,650.00 being equal to 1100 of the total cost of such improvements as estimated by Schoel.l & Madson, Inc., the City Engineers 7. All structures and improvements to the premises shall be well maintained and kept in a good state of repair_ 8. Exterior storage, including waste and trash, shall be subject to the approval of the Zoning Administrator. 9. Vacant areas shall be sodded or seeded, and shall be well maintained and free of weeds, trash and litter. 10. No business identification and other signs shall be erected in the absence of written approval of the Zoning Administrator. All signs shall be in conformity with applicable ordinances of the City. 11. Building permits for interior remodeling shall not be issued until fully detailed and dimensioned building plans shall have been submitted for review and approval by the.City Building Inspector and Zoning Administrator. 12. The establishment, maintenance, and operation of the use shall not be detrimental to nor endanger the public health, safety, comfort or general welfare. Ma 13. The use shall not be injurious to the use and enjoyment of other property, nor diminish nor impair property values within the immediate vicinity'. 14. The activities conducted on the premises shall not cause the emission of noxious odors, nor cause noise. 15. The applicant shall comply with all City ordinances, appli- cable fire codes, State laws, and regulations of State agencies and departments. 16. The City Reserves the right to review the within conditional use permit at any time to determine compliance with all conditions of the permit; and conditions may be added to this permit at any time if deemed necessary and in the public interest by the City following notice of public hearing thereon. 17. The City Council and Planning Commission have determined that in the grant of the within conditional use permit, the standards of §23.06, as amended, of the Chanhassen 'Zoning ordinance have been met. Adapted this 2nd day of May, 1977. Attest: / City ClerkManager _............. In Mayor ACCEPTANCE The undersigned owners and applicants ditions of_ the permit herein granted thereof . Dated -this' day of hereby accept the terms and cones and agree to be bound by the terms Ja(ZJv Barnes ' Mau=i;ine Wildh 1977. -3- CITY OF CHANHASSEN RESOLUTION NO. CONDITIONAL USE PERMIT KLINGELHUTZ-BARNES COMMERCIAL BUILDING WHEREAS, application has been made by Jack Barnes and Al Klingelh.utz for a permit to convert an existing commercial retail sales office building to a commercial office building, said building being located upon the tract of land depicted on Exhibit A attached hereto and made a part hereof; and WHEREAS, said premises are zoned. as Central Business District and the Chanhassen Zoning Ordinance (Ordinance 47) requires a condi- tional use permit for the proposed use; and WHEREAS, the City Council has given due consideration to said application; and WHEREAS, the City Planning Commission has recommended the grant of a conditional use permit to the applicants upon such conditions as the City Council may impose; NOW, THEREFORE, in consideration of the foregoing, a condi- tional use permit is hereby granted to the applicants herein to convert the subject commercial retail sales office building to a commercial office building, subject to the following terms and conditions, all of which shall be strictly complied with as being necessary for the protection of the public interest: 1. This permit is personal to said applicants, and shall not be assigned without written consent of the City. 2. The premises subject to the within conditional use permit are as described on Exhibit A attached hereto and made a part hereof. a. The within conditional use permit shall apply to the entire property. 3. The use of the premises shall be limited to the following: a. Business and professional office space on the first and second floors of the subject building. b. Uses shall be in strict accord with the plans submitted by the applicants to the City and as approved by the City Council on February 4, 1980. C. No changes in use shall occur except as may be permitted by an amended conditional use permit or by rezoning. 4. The within conditional use permit shall be limited to thirty (30) years from the date hereof. 5. No change in the exterior dimensions, landscaping, architec- tural design, or exterior decorating scheme of the building on the site shall be made except as may be permitted by an amended conditional use permit. Enlargement of said building shall not be allowed. 6. All structures and improvements to the premises shall be well maintained and kept in a good state of repair. 7. Exterior storage, including waste and trash, shall be subject to the approval of the zoning Administrator. 8. Vacant areas shall be sodded or seeded, and shall be well maintained and free of.weeds, trash and litter. 9. One business identification sign will be allowed on the site providing that the sign area shall not exceed twenty-one (21) square feet. The identification sign shall be located south of the existing driveway as shown on Exhibit B attached hereto and made a part hereof, and shall be located outside of the public right-of-way. All future additions or modifications to the message component of the sign will require the written approval of the Zoning Administrator and shall conform to the applicable ordinances of the City. 10. Building permits for interior remodeling shall not be issued until fully detailed and dimensioned building plans shall have been submitted for review and approval by the City Building Inspector and Zoning Administrator. 11. The establishment, maintenance, and operation of the use shall not be detrimental to nor endanger the public health, safety, comfort or general welfare. 12. The use shall not be injurious to the use and enjoyment of other property, nor diminish nor impair property values within the immediate vicinity. 13. The activities conducted on the premises shall not cause the emission of noxious odors, nor cause noise. 14. The applicant shall comply with all City ordinances, applicable fire codes, State laws, and regulations of State agencies and departments. 15.- The City reserves the right to review the within conditional use permit at any time to determine compliance with all conditions of the permit; and conditions may be added to this permit at'an_y time if deemed necessary and in the public interest by the City following notice of public hearing thereon. 16. The City Council and Planning Commission have determined that in the grant of the within conditional use permit, the standards of SS23.06, as amended, of the Chanhassen Zoning Ordinance have been met. Adopted this 4th day of February, 1980. Attest: City Clerk/Manager Mayor ACCEPTANCE The undersigned owners and applicants hereby accept the terms and conditions of the permit herein granted and agree to be bound by the terms thereof. Jack Barnes Al Klingelhutz Dated this day of 1980. -17- CONDITIONAL USE PERMIT CASE NO. CUP City of Chanhassen Carver and Hennepin Counties, Minnesota APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Date of Appli ation Escrow Paid �jrj= Date Received by uc- =ec Applicant ,p Name: /.fA, A1E-5 Last 7�9 pa,�,T�� �L,QFirstC/ A,,y � �yIInitial Address: 8// CS- Eewr iivs /✓L�/� C. y HAssE� /'��' 11317 Number and Street City State Zio Code Owner: Addres Address of property i�n� question: Legal description of property in question: Present zoning of property: Present use of property: Proposed use of property: The following documents if appropriate shall be attached to this application: Date Received Initial 1. Site development plan 2. Dimension plan 3. Grading plan 4. Landscape plan w. y Date Received Initia 5. Abstracters Certificate 11 6. Escrow Account �('ligQ — I hereby declare that all statements made in this application and the attached documents are true, and that I shall reimburse the City for all expenses incurred in processing this application for conditional use. ignature of A plica t 7 J:�o Signa ure O er IIJto Dat Recei Ved by Title (Following to be completed by Zoning Administrator or City Official) CHRONOLOGY Application on Planning Commission Agenda Date By _ Planning Commission postponed to Newspaper publication _ Adjacent property owners notified Public Hearing Planning Commission action pplication on Council Agenda Council postponed to Council Action Conditional use contract executed Escrow returned - amount: Final Inspection PLANNING COMMISSION RECOMMENDATION On this day of , 19 , this conditional use permit was recommended for (approval), (disapproval) subject to the following conditions: Chairman of Planning Commission .1 Commmaing &t a point on the North CsntsV Uad Of smaou 13, line to a point 12B ft. to place of bogL=in&. aituU& in the No Wo, * of the NWrW east IT of awbion 13, To 116, R.23 ata eoutdim About mei + a -.0 �2 --A lAmwft m^y.%v-A4-nm- 4w% 4N& nlAt thereof ancl the Cm ale ju the office a Registm of 6. Carver Co. LIMA, E="rt that part = ftU in the *Mce of the reax- of D"ft Carom Coo. yinno O=Twg" to Lj=jWto& vaLIA7 uatio"i g5s Co. and dismibed as follow. Comencing at a point on the U. and S. otater line of See. 13„ rap.. 116* R 2.3 T&WO the No I I of the xLeat of wv of the Bastinga axxd Dakota Drive, of tIm C. M. and St. 22MI Railro d st=.Iks mod center tine theme--of-0 the=e eaztsr� along said North lime of rift Of MY 3W fto to a point vdach is the actual point of begLunins; thence north 15 ftm Thee weat 30 ft- theca south to is mid :=th 31= Of the right of way or the Haxtim wA Dakota DIVision of the C. M. and St. Paul R.Rav I-hgmaa s"terly along "ia n=th I' to the point of I ems CITY ^F C2AWHASS.EY 7610 LAREDO DRIVEOP.O BOX 147&CHANHASSEN, MINNESOTA 55317 (612) 474-8885 June 15, 1977 Wilbar Properties, Inc. Attn: Maurine Witch and Jack Barnes Box 245 Chanhassen, Minnesota 55317 Re: Wilch/Barnes Conditional Use Permit Dear Maurine and Jack: Attached hereto, for your consideration and review, is a proposed conditional use permit for your property on Great Plains Blvd. Please be advised that the city council will be taking action on the attached at their meeting on Tuesday, June 21, 1977. After appropriate signatures have been affixed to the attached conditional use permit, you can proceed with your construction as proposed. If you have any questions, please feel free to contact me at 474-8885, or our city attorney at 335-8565. Thank you for your cooperation. Res ectfully Bruce Pankonin City Planner Enclosure RUSSELL H. LARSON CRAIG M. MERTZ RussELL H. LARsox ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 5S402 June 13, 1977 Mr. Bruce Pankonin Chanhassen City Planner Box 147 Chanhassen, Minnesota 55317 Dear Bruce: AREA CODE 612 TELEPHONE 33S-9565 Re: Wilch-Barnes conditional use permit The City Council, at its May 2, 1977, meeting, approved a conditional use permit for the remodeling of the Wilch-Barnes duplex located south of Old St. Hubert's Church. Enclosed is our proposed condi- tional use permit for this property. if you fin'" the pe1i«it t be in order, please submit it to the applicants for their signature. Exhibit A to the permit would be the half -section map depicting the general location of the property. Exhibit B would be the site plan filed by the applicants with their application. CMM : mep Enc1. Very truly yours, RUSSELL H. LARSON Craig M. Mertz Assistant Chanhassen City Attorney rw, 1213Cb 14'�;^' , JUN 1977 Ch "LAGM OA.1, RUSSELL H LARSON CRAIG M. MERTZ RusSI&LL H. LARSON ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOL,IS, MINNESOTA. SS402 June 13, 1977 Mr. Bruce Pankonin Chanhassen City Planner Box 147 Chanhassen, Minnesota 55317 Dear Bruce: AREA-CODE,B12 TELEPHONE 335-SBSS Re: Wilch-Barnes conditional use permit The City Council, at its May 2., 1977, meeting, approved a conditional use permit for the remodeling of the Witch -Barnes duplex located. south of Old St. Hubert's Church. Enclosed is our proposed condi- tional use permit for this property. If you find the permit to be in order, please submit it to the applicants .for their signature. Exhibit A to the permit would be the half -section map depicting the general location of the property. Exhibit B would be the site plan filed by the applicants with their application. CMM:mep Encl. Very truly yours, RUSSELL H. LARSON Craig M. Mertz Assistant Chanhassen City Attorney ^�1213141 j Jury 19�7 ;w �CE7y�� z ©E ; Nty 'OPY 1 CITY OF CHANHASSEN RESOLUTION NO. CONDITIONAL USE PERMIT WILCH-BARNES COMMERCIAL BUILDING WHEREAS, application has been made by Jack Barnes and Maurine Wilch for a permit to convert an existing residential duplex. to a commercial retail sales office building, said building being located upon the tract of,land depicted on Exhibit A attached hereto and made a part hereof; and WHEREAS, said premises are zoned as Central Business District and the Chanhassen Zoning Ordinance (Ordinance 47) requires a conditional use permit for the proposed use; and WHEREAS, the City Council has given due consideration to said application; and WHEREAS, the City Planning Commission has recoitunended the grant of a conditional use permit to the applicants upon such condi- tions as the City Council may impose; NOW, THEREFORE, in consideration of the foregoing, a con- ditional use permit is hereby granted to the applicants herein to convert the subject residential duplex to a commercial, retail sales, and office building, subject to the following terms and conditions, all of which shall be strictly complied with as being necessary for the protection of the public interest: 1. This permit is personal to said applicants, and shall not be assigned without written consent of the City. 2. The premises"subject to the within conditional use permit are as described on Exhibit A attached hereto and made a part hereof. a. The within conditional use permit shall apply to the. entire property. 3. The use of the premises shall be limited to the following: a. Business and professional office space on the second floor of the subject building. b. Retail sales on the first floor of the subject building. C. Uses shall be in strict accord with the plans submitted by the applicants to the City and as approved by the City Council on May 2, 1977. d. No changes in use shall occur except as may be permitted by an amended conditional use permit or .by rezoning. 4. The within conditional use permit shall be limited to thirty (30) years from the date hereof. 5. No change in the exterior dimensions, landscaping, archi- tectural design, or exterior decorating scheme of the building on the site shall be made except as may be permitted by an amended conditional use permit. Enlargement of said building shall not be allowed. 6. The applicants agree to construct an asphalt.twelve (12) stall automobile parking area on the subject property, and an asphalt access driveway, no later than October 1, 1977. The location and configuration of said parking area and access drive shall be as depicted on Exhibit B attached hereto..and made a part hereof. For the purpose of assuring to the City that the above described parking area and driveway improvements to be constructed by the applicants shall be constructed according to the terms of this permit, and that the appli- cants shall pay all claims for work done and materials and supplies furnished for the performance of said construction, the applicants. agree to furnish to the. City a cash deposit in the amount of $1,650..00, or in lieu thereof a corporate surety bond in said amount approved by the City and naming the City as obligee thereunder, or an irrevocable letter of credit which shall cover the period from the date hereof to December 31, 1977, inclusive, and which shall be approved by the City; said cash deposit, bond, or letter of credit, as the case may be, being conditioned upon the performance by the applicants of their obligations under §6 of this permit; said sum of $1,650.00 being equal to 110% of the total cost of such improvements as estimated by Schoell & Madson, Inc., the City Engineers. 7. All structures and improvements to the premises shall be well maintained and kept in a good state of repair. 8. Exterior storage, including waste and trash, shall be subject to the approval of the Zoning Administrator. 9. Vacant areas shall be sodded or seeded, and shall be well maintained and free of weeds, trash and litter. 10. No business identification and other signs shall be erected in the absence of written approval of the Zoning Administrator. All signs shall be in conformity with applicable ordinances of the City. 11. Building permits for interior remodeling shall not be issued until fully detailed and dimensioned building plans shall have been submitted for review and approval by the City Building Inspector and Zoning Administrator. 12. The establishment, maintenance, and operation of the use shall not be detrimental to nor endanger the public health, safety, comfort or general welfare. -2- 13. The use shall not be injurious to the use and enjoyment of other property, nor diminish nor impair property values within the immediate vicinity. 14. The activities conducted on the premises shall not cause the emission of noxious odors, nor cause noise. 15. The applicant shall comply with all City ordinances, appli- cable fire codes, State laws, and regulations of State agencies and departments. 16. The City Reserves the right to review the within conditional use permit at any time to determine compliance with all conditions of the permit; and conditions may be added to this permit at any time if deemed necessary and in the public interest by the City following notice of public hearing thereon. 17. The City Council and Planning Commission have determined that in the grant of the within conditional use permit, the standards of §23.06, as amended, of the Chanhassen 'zoning Ordinance have been met, Adopted this 2nd day of May, 1977. Attest: City C erk Manager ACCEPTANCE �I- - __' - ,W' V-tz! -, �0&%" - W&' IIm "I The undersigned owners and applicants hereby accept the terms and con- ditions of the permit herein granted and agree to be bound by the terms thereof. Ja Barnes Maurine Wilch Dated this day of 1977. -3- CITY OF CHANHASSEN RESOLUTION NO. CONDITIONAL USE PERMIT WILCH-BARNES COMMERCIAL BUILDING WHEREAS, application has been made by Jack Barnes and Maurine Wilch for a permit to convert an existing residential duplex to a commercial retail sales office building, said building being located upon the tract of land depicted on Exhibit A attached hereto and made a part hereof; and WHEREAS, said premises are zoned as Central Business District and the Chanhassen Zoning Ordinance (Ordinance 47) requires a conditional use permit for the proposed use; and WHEREAS, the City Council has given due consideration to said application; and WHEREAS, the City Planning Commission has recommended the grant of a conditional use permit to the applicants upon such condi- tions as the City Council may impose; NOW, THEREFORE, in consideration of the foregoing, a con- ditional use permit is hereby granted to the applicants herein to convert the subject residential duplex to a commercial, retail sales, and office building, subject to the following terms and conditions, all of which shall be strictly complied with as being necessary for the protection of the public interest: 1. This permit is personal to said applicants, and shall not be assigned without written consent of the City. 2. The premises subject to the within conditional use permit are as described on Exhibit A attached hereto and made a part hereof. a. The within conditional use permit shall apply to the entire property. 3. The use of the premises shall be limited to the following: a. Business and professional office space on the second floor of the subject building. b. Retail sales on the first floor of the subject building. C. Uses shall be in strict accord with the plans submitted by the applicants to the City and as approved by the City Council on May 2, 1977. d. No changes in use shall occur except as may be permitted by an amended conditional use permit or by rezoning. 4. The within conditional use permit shall be limited to thirty (30) years from the date hereof. 5. No change in the exterior dimensions, landscaping, archi- tectural design, or exterior decorating scheme of the building on the site shall be made except as may be permitted by an amended conditional use permit. Enlargement of said building shall not be allowed. 6. The applicants agree to construct an asphalt twelve (12) stall automobile parking area on the subject property, and an asphalt access driveway, no later than October 1, 1977. The location and configuration of said parking area and access drive shall be as depicted on Exhibit B attached hereto and made a part hereof. For the purpose of assuring to the City that the above described parking area and driveway improvements to be constructed by the applicants shall be constructed according to the terms of this permit, and that the appli-_ cants shall pay all claims for work done and materials and supplies furnished for the performance of said construction, the applicants agree to furnish to the City a cash deposit in the amount of $1,650.00, or in lieu thereof a corporate surety bond in said amount approved by the City and naming the City as obligee thereunder, or an irrevocable letter of credit which shall cover the period from the date hereof to December 31, 1977, inclusive, and which shall be approved by the City; said cash deposit, bond, or letter of credit, as the case may be, being conditioned upon the performance by the applicants of their obligations under §6 of this permit; said sum of $1,650.00.being equal to 1100 of the total cost of such improvements as estimated by Schoell & Madson, Inc., the City Engineers. 7. All structures and improvements to the premises shall be well maintained and kept in a good state of repair. 8. Exterior storage, including waste and trash, shall be subject to the approval of the Zoning Administrator. 9. Vacant areas shall be sodded or seeded, and shall be well maintained and free of weeds, trash and litter. 10. No business identification and other signs shall be erected in the absence of written approval of the Zoning Administrator. All signs shall be in conformity with applicable ordinances of the City. 11. Building permits for interior remodeling shall not be issued until fully detailed and dimensioned building plans shall have been submitted for review and approval by the City Building Inspector and Zoning Administrator. 12. The establishment, maintenance, and operation of the use shall not be detrimental to nor endanger the public health, safety, comfort or general welfare. -2- 13. The use shall not be injurious to the use and enjoyment of other property, nor diminish nor impair property values within the immediate vicinity. 14. The activities conducted on the premises shall not cause the emission of noxious odors, nor cause noise. 15. The applicant shall comply with all City ordinances, appli- cable fire codes, State laws, and regulations of State agencies and departments. 16. The City Reserves the right to review the within conditional use permit at any time to determine compliance with all conditions of the permit; and conditions may be added to this permit at any time if deemed necessary and in the public interest by the City following notice of public hearing thereon. 17. The City Council and Planning Commission have determined that in the grant of the within conditional use permit, the standards of §23.06, as amended, of the Chanhassen Zoning Ordinance have been met. Adopted this 2nd day of May, 1977. Attest: City Clerk/Manager Mayor -- - ACCEPTANCE The undersigned owners and applicants hereby accept the terms and con- ditions of the permit herein granted and agree to be bound by the terms thereof. Jack Barnes Maurine W Dated this day of , 1977. -3- CITY OF CHAN89SSEN AT S. s grk c / Action by Council: :Endorsed Modified Rejected Date E / 7Z__. 4LPe devE/. G ea7'rC (f - .iw 78vry 0".-m.1F Ca,, dC iJJ Z,4, . 7610 LAREDO DRIVE • P. O BOX 147 0 CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 PLANNING REPORT DATE: April 21, 1977 TO: Don Ashworth, City Manager FROM: Bruce Pankonin, City Planner SUBJECT: Site Plan Review for Jack Barnes and Maurine Wilch PLANNING CASE: P-337 The drawing attached hereto, for your review and consideration, is a plot plan for the commercial conversion of an existing duplex located at 7811 Great Plains Blvd. The subject property is located directly south of St. Hubert's Old Parish. PETITION: This planning request involves the conversion of an existing duplex to retail sales on the main floor and retail office space on the second floor. PLANNER'S RECOMMENDATION: The Planner suggests the City Council act favorably on the petitioner's request and instruct the Building Inspector to issue the appropriate permits. Further, the Planner suggests the petitioner be required to install an asphalt driveway and parking area prior to October 1, 1977. However, the applicant should be required to post an escrow deposit or surety bond guaranteeing construction of said asphalt surfaces. The amount of said deposit should be determined by the City Engineer and posted with the City prior to the issuance of any building permits. CENTRAL BUSINESS DISTRICT RECOMMENDATION: On March 30, 1977, the CBD Committee discussed the attached plans. Althou h only two members were present, Bernie Schneider and Tom Klingelhutzhe CBD Committee recommends the City issue the appropriate permits or Maurine Wilch and Jack Barnes. PLANNING COMMISSION RECOMMENDATION: The Planning Commission duly considered the petitioner's request at its regular meeting on April 13, 1977. At that meeting "A motion was made by Hud Hollenback and seconded by Walter Thompson to recommend approval of the plan subject to the owners installing an asphalt driveway and parking area prior Don Ashworth, City Manager 2- April 21, 1977 to October 1, 1977, and further that they post an escrow deposit or surety bond with the City guaranteeing construction of said asphalt surface. The amount of said deposit should be determined by the City Engineer and posted with the City prior to the issuance of a building permit. Motion unanimously approved." Manager's Comments This office concurs with the position of the planner and planning commission. However, I believe the council should note that "as a quorum did not exist, the recommendation of the central business district committee could not be considered." C� WILLIAM D. SCHOELL CARLISLE MADSON JACK T. VOSLER JAMES R. ORR HAROLD E. DAHLIN LARRY L. HANSON RAYMOND J. JACKSON WILLIAM J. BREZINSKY JACK E. GILL THEODORE D. KEMNA JOHN W.EMOND KENNETH E. ADOLF DANIEL R. BOXRUD WILLIAM R. ENGELHARDT City.of Chanhassen c/o Mr. Bruce Pankonin Box 147 Chanhassen, Minnesota 55317 Gentlemen: SCHOELL & MAOSON, INC. ENGINEERS AND SURVEYORS ?1 938-7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343 OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS April 27, 1977 Subject: Site Plan for Jack Barnes and Maurine Wilch, Estimated Asphalt Driveway and Parking Lot Cost. We estimate the construction cost of the proposed paving on the subject site to be $1,500. The owners should be required to post an escrow deposit or surety bond equal to 110 per cent of this amount, or $1,650. Very truly yours, SCHOELL & MADSON, I. iC . WJBrezinsky:bk a VILLAGLr c CHANHASy+i N, �ln MINiY. ..r-4� Ui Planning Commission Meeting April 13, 1977 -2- to be constructed on Lot B as close to Orchard as possible.' This`woud allow the back of the parcel to be redivided sometime -in the future if and•when the properties to the east desire to redivide and put a roFld in''. A motion was made by Hud Hollenback.and seconded by Dick Dutcher. to close the public hearing. Motion.unanmously approved. :Hearing closed at 8:40 p.m. Don Ashworth City Manager HUNTINGTON PARK SUBDIVISION: Dick Dutcher moved to recommend to the Council that the subdivision be approved. Motion seconded by Jerry Neher.: Motion unanimously approved. BARNES/'WILCH'SITE PLAN: Jack Barnes and'Ed Wilch were present with plans to convert an existing duplex at 7811 Great Plains Blvd. to.retail-sales.'. on the first floor and office space on.the second floor. The Central,..,.. Business District Committee recommended the City issue the.appropriate` permits for this building. The off street parking as:shown'..on.the plan will sufficiently handle the parking needs. The City Planner suggested that a bond be posted to insure the parking lot is put in A motion was made by Hud Hollenback and seconded by Walter.Thompson to recommend approval of the plan subject to thmeowners installing an asphalt driveway and parking area prior to October 1, 1977, and further that they,post an escrow deposit or surety bond with the City guaranteeing construction of said asphalt surface. The.amount of.said deposit should be determined by the City Engineer and posted with the City prior to the issuance of a building permit. Motion unanimously.approved. ECOLOGICAL COMMITTEE: Dick Dutcher discussed the results of the: Ecolog cal Committee questionnaire. A more detailed,summdry.will be . forthcoming. REICHERT SUBDIVISION PLAN: Bob Reichert was present.: The property is located on the north shore of Lotus Lake and across`Pleasant View Road. It is zoned R-lA. Sanitary sewer is currently being installed in the area. There are no buildable lots on the lake side of the.property. Mr. Reichert proposes these unbuildable`lots to be outlots, several of which would be sold with proposed lots across Pleasant View. Two outlots would be sold to existing neighbors to square off.their.property. One outlot would be managed by a homeowners association., Mr. Reichert will place deed restrictions on the outlots. A motion was made by Hud Hollenback and seconded by Walter Thompson.to .. hold a public.hearing on May 11, 1977, at 9:00 P.M. to consider rezoning this property to R-1 and to consider subdividing the:sub.ject.property' into nine, lots and seven outlots.. Mr. Reichert will prepare. restrictive covenants prior to the public hearing. Motion.unanimously-approved. CITY OF UANBASUN 7610 LAREDO DRIVE • P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 PLANNING REPORT DATE: April 7, 1977 TO: Planning Commission, Staff, Jack Barnes and Maurine Wilch FROM: City Planner, Bruce Pankonin SUBJ: Site Plan Review for Jack Barnes and Maurine Wilch PLANNING CASE: P-377 Attached hereto for your review and consideration, is a plot plan for the commercial conversion of the duplex located at 7811 Great Plains Blvd. (directly south of St. Hubert's old parish). Petition This planning report involves the conversion of an existing duplex to retail sales on the main floor and rental office space on the second floor. Planner's Recommendation The Planner suggests the Planning Commission act favorably on the petitioner's request and forward a positive recommendation to the City Council. Further, the planner suggests the petitioner be required to install an asphalt driveway and parking area prior to October 1, 1977. However, the applicant should be required to post an escrow deposit or surety bond guaranteeing construction of said asphalt surface. The amount of said deposit should be determined by the City Engineer and posted with the City prior to the issuance of a building permit. Central Business District Committee Recommendation On March 30, 1977, the Central Business District Committee discussed the attached plans. Although only two members were present, Bernie Schneider and Tom Klingelhutz, the Central Business District Committee recommends the City issue the appropriate permits for Maurine Wilch and Jack Barnes. CITY OF HANBASSEN 7610 LAREDO DRIVE • P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 MEMORANDUM TO: Central Business District Committee, Ed Wilch and Jack Barnes FROM: Bruce Pankonin, City Planner DATE: March 25, 1977 SUBJ: CBD Meeting The Central Business District Committee will be meeting on Wednesday, March 30, 1977, at 4:00 p.m., at City Hall to discuss the Wilch/ Barnes site plan. CITY OF HANBASSEN 7610 LAREDO DRIVE • P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 PLANNING REPORT DATE: March 25, 1977 TO: Central Business District Committee FROM.: Bruce Pankonin, City Planner SUBJ: Site Plan Review for Jack Barnes and Maurine Wilch Attached hereto, for your consideration and review, is a plot plan for the commercial conversion of the duplex located at 7811 Great Plains Blvd. (directly south of St. Hubert's old parish). AP'i" l i- l nn This planning request involves the conversion of an existing duplex to retail sales on the main floor and rental office space on the second floor. Planner's Recommendation The Planner suggests that the Central Business District Committee act favorably on the petitioner's request and forward a positive recommendation to the City Council. Further, the Planner suggests the petitioner be required to install an asphalt driveway and parking area prior to October 1, 1977, however, the applicants should be required to post an escrow deposit or surety bond guaranteeing construction of said asphalt surface. The amount of said deposit should be determined by the City Engineer and posted with the City prior to issuance of building permits. ,jO\-UTION Q, 1 776-1976 CITY OF CHANHA 3 7610 LAREDO DRIVEOP 0 BOX 1476CHANHASSEN, MINNESOTA 553179(612) 474-8886 March 7, 1977 Mrs. Maurine Wilch 7441 Longview Circle Chanhassen, MN 55317 and Mr. Jack Barnes 503 Frontier Trail Chanhassen, MN 55317 Re: Site Plan Review for 7810 Great Plains Blvd., Chanhassen, Minn. Dear Maurine and Jack: First of all, I would like to congratulate you on your recent incorporation and contemplated business expansion. Secondly, I would like to, herein, outline the procedures that are required for issuance of a commercial building permit in the City of Chanhassen. As you know, the subject property (7810 Great Plains Blvd. as recorded in Book 112, Page 490, Carver County Register of Deeds) was zoned to Central Business District on January 8, 1973. Within the Central Business District "all site changes such as access drives, parking arrangements, landscaping, similar changes and signs (identification signs are permitted only upon the securing of a conditional use permit from the Chanhassen City Council. The issuance of a conditional use permit, in some instances, is rather involved, but on this issue the procedure will be rather routine. The procedure for consideration of a conditional use permit is found in Section 13.04 of City Ordinance 47-A. Specifically, the applications for conditional use permits shall include a site plan indicating off-street parking areas, the structures location, access drive, Mrs. Maurine Wilch and Mr. Jack Barnes -2- March 7, 1977 ri preliminary floor plan and similar information. If the contemplated reconstruction of the principal structure will exceed $20,000 your drawings, by ordinance, shall be certified by an engineer and architect registered in the State of Minnesota. If, on the other hand, construction will'not exceed $20,000, a competant draftsman Can prepare your plan. once your plans are prepared, bring them into me and I'll make arrangements for the Central Business District Committee (sub -committee of the City Council consisting of businessmen in the area) and the Planning Commission (seven member board appointed as the planning body of the City) review your plans. After these two bodies have reviewed your site plans, their recommendations will be forwarded to the City Council for their.consideratipn. Since your petition involves the reconstruction and reusey.6f an existing building, and the fact that adequate off-street arking will be provided on the site, no public hearing will be necesIry prior to council consideration of your request. The City Council will, at a normal business meeting, consider your r:eQuest and the recommenda- tions from City staff, Central Business District Committee and Planning Commission. At that time'the council will either grant or deny your request for a conditional use permit. If the council approves a conditional use permit, then the City Attorney will draft a contract between you and the City outlining your specific request and putting this all in the proper form.'he conditional.use permit will be signed by both parties. In the meantime, you will be pre- paring drawings that Jerry Schlenk will be'requiring for the issuance of a building permit. When Jerry receives satisfactory plans, he'll issue you the appropriate permits. I I know all this sounds rather complex, but don't get discouraged, we'll all try to help you through this process. I would suggest, at the onset, that you have a meeting with Jerry and ask him specifically what he will require for the issuance of a'building permit for remodeling of the principal structure. If you have any further questions, please feel free to contact.me at 474-8885. Very truI ours, ez,? Bruce Pankonin City Planner cc: Jerry Schlenk, Building Inspector