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77-02 - County Clean Cleaners SPR pt 1CITY OF HANBASSEN 7610 LAREDO DRIVE • P. O. BOX 147 • MEMORANDUM DATE: April 21, 1977 From: City Administrator Q , ,, �,v 'c Referred..To.; Mayor t/ -fi _ Z Council Planner BUiidin� •• _ Attorney EnaiP eer Treasurer Poiica Parks Street f 94't.' Utilities Press Other Date CHANHASSEN, MINNESOTA 55317 474-8885 TO: Don Ashworth, City Manager FROM: Bruce Fankonin, City Planner SUBJECT: Country Clean Landscape Plan t Y-1-, ON/r The City Council should be aware that the Planning Commission duly considered a landscape and screening plan for the Country Clean Cleaners. Specifically the landscape plan shows a six foot rough sawn cedar fence to be constructed on three sides of the storage building with landscape plantings on the north and west side of the fence. The Planning Commission reviewed the plans with Mr. McCarville and approved said plans provided Mr. McCarville completes all landscape components prior to May 15, 1977. CITY OF CUNBASSIN 7610 LAREDO DRIVE • P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317. • (612) 474-8885' PLANNING REPORT DATE: April 7, 1977 TO: Planning Commission, Staff and Don McCarville FROM: Bruce Pankonin, City Planner S UBJ: Landscape Plan for Country Clean Cleaners. Background Pursuant to Council request, Don McCarville, operator of"Country Clean Cleaners has submitted the attached landscaping and screening plan for commission review and approval. The plans, as proposed, contain a six foot rough sawn cedar fence to be "constructed on three sides of the secondary structure. In addition,. ".Mr. McCarville is proposing to plant certain landscape materials on'the north and west sides of the fence to break up the vertical relief"of said fence. Planner's Recommendation Approval of the landscape plan is recommended. Mr'. M&Carville should be instructed to complete said landscaping by May 15, -1977. �1, \\v CV 'A t .11, �f., '0 "LANDSCAPE DESIGNERS, CONTRACTORS, GROWERS" iJJ ' y MAILING ADDRESS 250 Great Plains Blvd. Chaska, Minnesota 55318 *'`'• ,.•''Y 100 Acre Growing Range — 1 Mile No. of 212 on Hwy 101, Shakopee, Minnesota Prepared For __•� r tt' "i �' �!. iti p .�_� .. . _ Date ---------... _.--- - Address - - k....,,r --._ Plan No. __._----. / // City _ ' •f ±d/1'_`.=' • Zip Code Tel. No. Landscape Consultant ____ __._ _._-_._ .. Bus, Tel. No. 00 Landscape Estimate 445-6555 Presented Call Back _-.-.—_—.__—_ Checked Prof. Mgr. NOT PLANTED NOT PLANTED PLANTED PLANTED, OUAN MATERIALS SIZE KEY NO. EACH TOTAL EACH, TOTAL 51 4- -fit � .-_ ���----.-._-._.__-�._-.._ � _ fiF��✓✓✓ __ - _ � _ .....,r..�� ^ - r- :2, /:�f "THE PLACE TO GO FOR PLANTS THAT GROW." YOUR "NATIONAL. LANDSCAPE AWARD". WINNING NURSERY FOR DESIGNING & PLANTING SHADE TREES - EVERGREENS FLOWERING CRABS • FRUIT TREES FLOWERING SHRUBS HEDGING. > GROUND COVERS • HRTILIZERS • INSECTICIDES • LAWN SEEDS PRUNING LARGE TREE MOVING RUSSELL H. LARSON CRAIG M. MERTZ RIISSELL H. CARBON ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 March 9, 1977 Mr. Bruce Pankonin City Planner City of Chanhassen P. O. Box 147 Chanhassen, Minnesota 55317 Dear Bruce, AREA CODE 612 TELEPHONE 335-9565 Re: Country Clean Conditional Use Permit I am in receipt of your letter dated March 7, 1977. I believe that you are correct in that the Council did instruct Mr. McCarville to submit a new landscape plan to the planning commission for approval. I don't believe that this necessitates any changes in the proposed permit, other than to delete my Exhibit "B" and substitute therefore a graphic landscape plan in whatever form is ultimately approved by the planning commission. Accordingly, I enclose with this letter the proposed conidtional use permit which I submitted heretofore and also the original copy of my letter dated February 24, 1977 to you. Very truly yours, CRAIG M. MERTZ CMM:sh Enclosures RUSSELL H. LARsON ATTORNEY AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 RUSSELL H. LARSON AREA CODE 612 CRAIG M. MERTZ February 24, 1977 TELEPHONE 335-9565 Mr. Bruce Pankonin Chanhassen City Planner Box 147 Chanhassen, Minnesota 55317 Re: Country Clean Conditional Use Permit Dear Bruce: Enclosed you will find my proposed conditional use permit for the boiler house behind the Country Clean building.- You will recall that the City Council, at its January 24, 1977 meeting, voted to grant a conditional use permit upon acceptance of both the applicant and the property owner. The register of deeds' office informs me that the owner of the property is Twin City Biscuit Company. If you find the permit to be in order, please submit it to the applicant for his signature and that of the owner of the property. As for the requirement that the terms of the permit be posted, I suggest that you merely cover two copies of the executed permit with sheet vinyl such as Contact brand paper, which is probably available at the local hardware store. CMM:mep Encl. Very truly yours, RUSSELL H. LARSON Craig Mertz Assistant Chanhassen City Attorney FEB 1977 RECEIVED NJ VN-LAGE OF Cu CHANHASSEN, S MINN. "1 s of/ CITY OF cBaNeassEx 7610 LAREDO DRIVE 0 P. O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 474-8885 March 15, 1977 Mr. Don McCarville c/o Country Clean Cleaners Chanhassen, MN 55317 Re: Conditional Use Permit Dear Mr. McCarville: Attached hereto for your consideration and approval, is a conditional use permit as prepared pursuant.to City Council directions. As you know, the City Council directed you to prepare a landscape plan that is to be reviewed by the Planning Commission and said landscaping components are to be constructed prior to March 15, 1977. I suggest you prepare said landscape plan and submit them to my attention so you meet the scheduling dates the City Council has imposed. I trust you will find everything in order and in agreement with the terms and conditions as outlined by the City Council. If you have any questions, please feel free to contact me at 474-8885. Sincerely Bruce Pankonin City Planner BP:k Attachments (1) CITY OF CHANHASSEN CONDITIONAL USE PERMIT COUNTRY CLEAN OUT BUILDING WHEREAS, application has been made by Don McCarville, d/b/a Country Clean, a dry cleaning and laundromat establishment, for a permit to erect and maintain a temporary storage shed and boiler house upon a tract of land within the City described in Exhibit A, attached 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 received the recommendation of the Planning Commission as to said application; and WHEREAS, the City Council has given due consideration to said application; and WHEREAS, the City Council has determined that the grant of such permit does not conflict with the standards set forth in §23.06, as amended, of the Chanhassen Zoning Ordinance; NOW, THEREFORE, in consideration of the foregoing, a condi- tional use permit is hereby granted to the applicant herein, to erect and maintain a temporary storage shed and boiler house upon the described premises, subject to the following terms and conditions, all of which shall be strictly complie d,with as being necessary for the protection of the public interest: -1- 1. The premises subject to the within conditional use permit are described on Exhibit A attached hereto and made a part hereof. 2. This permit is personal to said applicant, and shall not be assigned without written consent of the City. Any rights created hereunder and running in favor of the applicant shall not be assigned to any person, party or corporation, including, but not limited to the owner of the subject premises.. If said premises cease to be occupied by applicant, said storage shed and boiler house shall be removed from the subject premises by the applicant at his own expense. Said removal shall occur no later than thirty (30) days.after the first of the following events occur: a. Applicant ceases to occupy the subject premises; or b. Applicant ceases to operate a dry cleaning business or laundromat on the subject premises. 3. The use of the shed shall be limited to storage and boiler house purposes. 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 expire automatically on January 24, 1980. Said storage shed and boiler house shall be. removed from the subject premises by the applicant at his own expense no later than January 24, 1980. 5. Applicant agrees to landscape the subject premises and screen the subject storage shed and boiler house with fencing, all as is depicted on Exhibit B attached hereto and made a part hereof. Said landscaping and screening shall be completed no later than May 15, 1977. 6. Applicant further agrees to terminate all outside storage activities on the subject premises no later.than May 15, 1977. 7. The applicant agrees to keep posted in a conspicuous place within his dry cleaning shop on the subject premises and in a conspicuous place within the subject storage shed and boiler house, a sign which delineates the terms and conditions of the conditional use permit granted herein. 8. Applicant shall post with the City Manager a $1,000 cash bond, or a corporate surety bond in the penal sum of-$1,000, said cash bond or corporate surety bond to be paid to the City of Chanhassen for its benefit by reason of the breach of any of the conditions of the within permit, including, but not limited to, the strict compliance with the dates established herein for (a) the completion of landscaping,. (b) the completion of fencing, (c) the termination of outside storage, and (d) removal of the subject storage shed and boiler house from the. subject premises upon expiration of the within permit. - 2 - 9. The establishment, maintenance, and operation of the use shall not be detrimental to nor endanger the public health, safety, comfort, or general welfare. 10. The use shall not be injurious to the use and enjoyment of other property, nor diminish nor impair property values within the immediate vicinity. 11. The activities conducted on the premises shall not cause the emission of noxious odors, nor cause noise. 12. The applicant shall.comply.with allcity ordinances, state laws, and regulations of state agencies and departments. 13. 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. 14. The within permit shall not be effective until it has been accepted in writing both by the applicant and by the owner of the subject premises. Adopted this Attest: day of . 1977. City Clerk/Manager Mayor A C C E P T A N C E The undersigned owner and applicant hereby accept the terms and con- ditions of the permit herein granted, and agree to be bound by the terms thereof. Dated this day of Dated this day of . 1977. Don McCarville, Applicant , 1977. TWIN CITY BISCUIT CO., OWNER, By Its -3- EXHIBIT A Lot One, Block Four, Highland Park, according to,the map or plat thereof on file and of record in the office of the Register of Deeds in and for Carver County, Minnesota. O\-u ION ���T 1776-1976 CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O BOX 1476CHANHASSEN, MINNESOTA 553179(612) 474-8885 MEMORANDUM TO: Mayor and City Council FROM: Don Ashworth, City Manager DATE: January 24, 1977 SUBJ: Landscape Plan, Country Clean, 7720 Great Plains Blvd. As can be seen in the attached report of the City Planner, the Country Clean addition has accumulated a significant trail of events over a short period of time. The fact is, however, that Mr. McCarville has constructed an addition to his building in violation of city codes and such presently exists in a "suspended red tagged" state (suspension authorized by Council to allow the applicant to present a plan reflecting landscaping for the addition or other site improvements). These have been presented by the applicant in the forms of the attached sketch plans 1 and 2. The Council should remember that the action to "suspend" the staff notice to "remove the structure" does not force the city to accept the illegal structure. Should the Council approve the use and proposed amenities, the structure would be allowed to remain. If the Council finds either the use or the landscape plans incompatible to the area or city, the existing order to remove the addition would stand. The applicant has stated that the proposed use would only be temporary in nature - perhaps 3 to 4 years. However, this office has seen numerous. "temporary" uses become permanent, or the justification for additional remodeling on the site. In these instances, should the City decide to have the structure removed at a later date (with or without the owners original consent), the City becomes involved in Mr. Don Ashworth -2- .Tanuary 24, 1977 significant court expenses in,efending its position to have the temporary structure removed. Should the Council approve the proposed use (addition), staff would recommend that such be conditioned on the following: 1). The applicant agrees to have a landscape designer -or nurseryman prepare a competent landscape plan in accordance with concept plan #2 and, further, upon approval of such by the Planning Commission, the applicant agrees to complete such approved landscaping and fencing. 2). A1.1 such landscaping and fencing shall be completed by May 15, 1977._ 3). The applicant and owner agree that the addition to the structure is a conditional use permit of the applicant, personally, and, further, that if:1. a). Mr. McCarville ceasds to own or lease the property, or b). After five (5) years from date of approval; the additioneshall be removed by the applicant at his expense. 4). The applicant and owner agree to keep posted in a conspicuous place the terms and conditions of the conditional use permit as prepared by the City Attorney in accordance with the Council approval. 5). The applicant shall post a $5,000. cash deposit or other form of security which the -City can use to complete the landscaping and fencing as required herein or to pay expenses in causing C' owner or applicant to have the building removed as required in #3 above. 6). The owner and applicant agree to the above conditions in writing. ,_,,IOuUTION o 7. 1776-1976 CITY OF CHANHASSEN 7610 LAREDO DRIVEAP.O BOX 1476CHANHASSEN, MINNESOTA 55317*(612) 474-8885 PLANNING REPORT TO: Don Ashworth, City Manager FROM: Bruce Pankonin, City Planner DATE: January 12, 1977 SUBJ: Country Clean Landscape Plan Pursuant to your request, I am high lighting the facts concerning Country Clean's addition to the best of my ability. 1. In response to Jerry Schlenk's instructions, Mr. Don McCarville (operator of Country Clean) called and made an appointment to meet with me at 11:00 a.m. on June 4, 1976, to discuss the various city requirements for construction of a storage shed in the Central Business District. Mr. McCarville did not keep the scheduled appointment. 2. Some time in the latter part of June, 1976, Mr. McCarville met with the CBD to discuss construction of a storage shed. Harry Pauly and Bernie Schneider were the only members present. Although the Central Business District Committee met in June, no'� minutes of that meeting were forwarded to City H&11.. 3. Some time in July, 1976, or the first part of August, 1976, Mr. McCarville constructed the storage shed without a building permit. 4. Immediately after construction, Jerry Schlenk, Building Inspector, contacted Mr. McCarville and told him to stop construction because he did not have a building permit (red tagged the structure). At that point, Mr. McCarville stated he did not need a permit because of the $500.00 provision in the Central Business District ordinance and further, the Central Business District Committee told him to "just put up the building". Mr. Don Ashworth -2- January 12, 1977 5. On September 16, 1976, Mr. McCarville made application for a building permit to construct an already constructed steel storage building. Mr. McCarville was instructed by the Building Inspector to go to the Planning Commission. 6. On September 22, 1976, it was brought to the Commission's attention that Mr. McCarville was installing some type of mechanical equipment in the storage building. The commission discussed the issue but took no action. Mr. McCarville was in attendance at this planning commission meeting. 7. On Friday, September 24, 1976, I noticed plumbers working in and about the storage building. I was instructed by the City Man4ger to see what was happening. Patrolman Bergman and I, at approximately 3:10 p.m. talked to Mr. McCarville about the on going construction and lack of appropriate building and plumbing permits. I attempted to halt construction in the storage shed, but Mr. McCarville said the building was finished "constructed and plumbed" and the work he was presently doing was.inside of the principal structure. I then asked if he had a permit to do the plumbing in the building. Mr. McCarville said his plumber was going to take care of that. The plumber, Peterson Plumbing and Heating, came to City Hall at approximately 3:30 p.m. and requested a plumbing permit. City Staff would not issue the permit because staff was under the impression that he wanted a plumbing permit for the storage shed and since there had not been a building permit issued, the city could not issue a plumbing permit. Mr. McCarville then came to city hall and explained he was installing presses in his principal structure and was therefore issued a plumbing permit on September 24, 1976. 8. On Monday, October 4, 1976, Mr. McCarville appeared before the City Council requesting a building permit to install a storage shed. At that meeting, "A motion was made by Councilman Kurvers and seconded by Councilman Hobbs to send Mr. McCarville to the Planning Commission for plan approval. Mr. McCarville can use the building in the interim. The following voted in favor: Mayor Klingelhutz, Councilmen Hobbs, Kurvers and Waritz. No negative votes. Motion carried." 9. On Wednesday, December 8, 1976, the Planning Commission considered the attached "Plan 1 and 2." After considerable discussion, "A motion was made by Les Bridger and seconded by Dick Dutcher that the Planning Commission realizes that it is a temporary building (metal storage shed) to be utilized until Mr. McCarville decides to buy the main structure and enlarge the business. Therefore, we would suggest that he be allowed to utilize the building. The permit would be personal to the applicant and not be transferrable. The Planning Commission recommends approval of the plan as submitted on December 7, 1976, in a memorandum to the Planning Commission, Plan 2, the wood fence with the addition of other shrubs and plant materials on all three sides of the fence. The fence should also have a gate by the rear door. Said improvements should be made by May 15, 1977. The conditional use permit would expire 12 months after council approval but would be subject to review by the Planning Commission. The following voted in favor: Hud Hollenback, Les Bridger and Dick Dutcher. Walter Thompson and Jerry Neher voted no. Roman Roos abstained." Mr. Don Ashworth -3- January 12, 1977 Further, "A motion was made by Dick Dutcher and seconded by Jerry Neher to include statements for the council and suggested that we do as a city come to grip with this problem when people do flaunt a permit or whatever is necessary that most of the people spend the money and time and go through and how we do correct and address instances where this does happen rather than gloss over it the way we seem to do. Motion unanimously approved." Parenthetically, the Planning Commission is upset with people doing whatever they please without regard to the laws and orders of the City of Chanhassen. Planner's Recommendation Philosophically, I believe the Planning Commission's recommendation for a fence and landscaped area around the principal structure is appropriate. However, Mr. McCarville should be instructed to have a landscape designer or nurseryman prepare a competant landscape plan pursuant to Planning Commission recommendation. Said landscape plan should be reviewed by the Planning Commission prior to construction. In addition, Mr. McCarville should be required to place a bond, at this time, in the amount of $ to guarantee future construction of the landscape area as suggested by the Planning Commission. I Wit io ��'�OuUTION 1776-1976 CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O BOX 1479CHANHASSEN, MINNESOTA 55317+(612) 474-8885 March 2, 1977 Mr. Don McCarville Country Clean 7720 Great Plains Blvd. Chanhassen, MN 55317 Dear Mr. McCarville: The City of Chanhassen has received numerous complaints on the rubbish you have collected on the west side of your property. If this is not cleaned up within ten (10) days from the date of this letter, I will be asking the City Council to turn this matter over to the City Attorney for legal action to get rid of the trash and also the metal building which has no building permit. Should you have any questions, please contact Bruce Pankoninr City Planner at 474-8885. Sincerely yours, Gerald W. Schlenk Building Inspector GWS:k cc: Bruce Pankonin MEMORANDUM TO: Mayor and City Council FROM: City Administrator, Don Ashworth DATE: October 4, 1976 SUBJ: Building Permit Application, Country Clean (Addition). As can be seen from the attached report from the City Planner, Country Clean has installed a storage shed and completed plumbing for such without prior approval by the Planning Commission or City Council. Normally, this type of development would be seen as a conditional use permit for which the use would be considered, together with any screening, etc., prior to approval by the Planning Commission or Council. As the structure has been completed, the Planning Commission did not take action on item - instead, forwarding such to the council to accept or reject in an "as is" manner. Should the council decide to waive any review of the use and any conditions for such (screen, landscaping, etc), approval should be conditioned upon the structure meeting applicable codes (the answer to this question will not be known prior to Monday evening). Additionally, staff believes that this is the second time where the Central Business District has allegedly informed the applicant not to obtain approvals of the city (Animal Fair sign approval being the first of such alleged recommendations). It is recommended.�.that the CBD be informed that they are acting only as an advisory board to the council and do not have authority to allegedly grant br deny permits. ,_\IOLUTION t, y- 1776-1976 CITY OF CHANHASSEN 7610 LAREDO DRIVE*P.O. BOX 1470CHANHASSEN, MINN ESOTA 55317®(612) 474-8885 PLANNING REPORT TO: Mr. Don Ashworth, City Administrator FROM: Bruce Pankonin, City Planner DATE: September 30, 1976 SUBJ: Country Clean's Addition The purpose of this report is to high -light the facts concerning Country Clean's addition to the best of my ability. 1. In response to Jerry Schlenk's instructions, Mr. Don McCarville (operator of Country Clean) called and made an appointment to meet with me at 11:00 a.m. on June 4, 1976, to discuss various city requirments for construction of a storage shed in the CBD. Mr. McCarville did not keep the scheduled appointment. 2. Some time in the later part of June, 1976, Mr. McCarville met with the CBD to discuss construction of a storage shed. Harry Pauly and Bernie Schneider were the only members present. Although the CBD met in June, no minutes of that meeting were forwarded to City Hall. 3. Sometime in July, or the first part of August, 1976, Mr. McCarville constructed the storage shed without a building permit. 4. Immediately after construction, Jerry Schlenk, Building Inspector contacted Mr. McCarville and told him to stop construction because he did not have a building permit. At that point, Mr. McCarville stated he did not need a permit because of the $500.00* provision in the CBD ordinance and the CBD told him to just put up the building. *As you know, the CBD ordinance requires a conditional use permit for all new construction exceeding $500.00, a building permit is still required. S .�•Mr. Don Ashworth -2- September 30, 1976 5. On September 16, 1976, Mr. McCarville made application for a building permit to construct a steel storage building. By this time the building was complete. Mr. McCarville was instructed to go to the Planning Commission. 6. On September 22, 1976, it was attention that Mr. McCarville was equipment in the storage building. issue but took no action. brought to the commission's installing some type of mechanical The commission discussed the 7. On Friday, September 24, 1976, I noticed plumbers working in and about the storage building. I was instructed by the administrator to see what was happening. Patrolman Bergman and I, at approximately 3:10 p.m. talked to Mr. McCarville about the on going construction and lack of appropriate permits. I attempted to halt construction in the storage shed. Mr. McCarville said the building was finished (constructed and plumbed) and the work he was presently doing was inside of the principal structure. I asked if he had a permit to do the plumbing in the building. 1I.... Mr. McCarville said his plumber was going to take care of that. The plumber., Peterson Plumbing and Heating, came to city hall at approximately 3:30 p.m. and was turned down because we were under the impression that he wanted the permit for the storage shed and since there had not been a building permit issued, we cannot issue a plumbing permit. Mr. McCarville then came to city hall and explained that he was installing presses in his principal structure and was issued the permit on September 24, 1976.