4. Reconsideration of Condition of Approval for Laurent Addition 1 , 7
_. CITYOF i ,0 CHANHASSEN
1
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
1 (612) 937 -1900 • FAX (612) 937 -5739
k
Action Cf y Admi, 7 Thttrp
MEMORANDUM Endorsed ✓ ?� a
Modi`ie1
I TO: Don Ashworth, City Manager Rejecte _
FROM: Jo Ann Olsen, Senior Planner ,fete Subm tted to Commissron
I Todd Hoffman, Park and Recreation Director Date submitted to Council
• .
DATE: June 23, 1993 t
I SUBJ: Reconsideration of Condition of Approval for Laurent Addition
1 On May 10, 1993, the City Council approved a two lot subdivision for Paul and Gil Laurent.
The preliminary plat was approved with the following conditions:
I 1. The applicant shall dedicate on the final plat a 50 -foot wide corridor for County Road
14 (Pioneer Trail).
I 2. Proposed locations for the on -site sewage treatment sites should be submitted to the
Inspections Division for review and approval prior to final plat approval.
I 3. pp The applicant shall receive access approval from Carver County for a driveway to Lot 1,
i Block 1.
4. Park and trail fees will be required at the time the building permit is issued. A 20 foot
trail easement along Pioneer Trail shall be dedicated and a 50 foot easement on either
I side of Bluff Creek for recreational purposes.
I 5. The applicant shall dedicate on the final plat drainage and utility easements over all
ponding and wetland areas, including Bluff Creek.
I 6. The proposed MnDOT highway taking should be dedicated or, at a minimum, platted into
an outlot. The appropriate side, front and rear drainage and utility easements should also
be dedicated with the final plat.
1 As with any platting of a property, any necessary easements are acquired by the city during the
platting process. One type of easement which is consistently requested by the city, with a one
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Don Ashworth
June 23, 1993
Page 2
lot or 100 lot subdivision, is the park trail easement. Condition #4 of the approval for the
Laurent subdivision required a 50' trail easement over the bluff creek corridor to be dedicated
' to the city. The applicants object to this condition and feel it should not be required since it is
a simple two lot subdivision.
On June 14, 1993, the City Council approved the request by the applicant to reconsider the
condition requiring dedication of trail easements. The condition for trail dedication is not an
unusual condition and the bluff creek corridor has been designated as an important trail link
within the city. Dedication of a trail easement is no different than the dedication of a
drainage /utility easement or roadway easement. The city must acquire these easements for the
benefit of the city and the time to do this is during the platting process. Therefore, staff is
recommending the condition be maintained.
In review of the conditions of approval, staff feels that the first part of condition # 6 could be
removed. Staff originally requested that the right -of -way, as officially mapped for Hwy. 212,
should be created as a separate outlot for future acquisition by MNDOT. Creating the right-of-
way as an outlot is not necessary, and the actual boundaries to be acquired by MNDOT should
be left up to MNDOT and the applicant. Therefore, the subject property should be subdivided
into two single family lots and not include an outlot for Hwy. 212 right -of -way. The property
will have to be platted again in the future when the right -of -way is acquired by MNDOT.
RECOMMENDATION
1 Staff recommends that the City Council adopt following motion:
' "The City Council reaffirms that Condition # 4 remain as part of the preliminary plat and final
plat approval and that the first part of condition #6 be removed from the conditions of approval.
Preliminary plat approval for the Laurent Addition is subject to the following conditions:
' 1. The applicant shall dedicate on the final plat a 50 -foot wide corridor for County Road
14 (Pioneer Trail).
' 2. Proposed locations for the on -site sewage treatment sites should be submitted to the
Inspections Division for review and approval prior to final plat approval.
' 3. The applicant shall receive access approval from Carver County for a driveway to Lot 1,
PP PP tY Y
Block 1,
4. Park and trail fees will be required at the time the building permit is issued. A 20 foot
' trail easement along Pioneer Trail shall be dedicated and a 50 foot easement on either
side of Bluff Creek for recreational purposes.
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Don Ashworth
June 23, 1993
Page 3
5. The applicant shall dedicate on the final plat drainage and utility easements over all 1
ponding and wetland areas, including Bluff Creek.
6. . -•- -- • _ . :. _ ....._.:.. -•• -- . . ....... ....:.. - 1
The appropriate side, front and rear drainage and utility easements should also
be dedicated with the final plat.
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ATTACHMENTS
1. City i Council minutes dated June 14, 1993.
2. City Council minutes dated May 10, 1993.
3. Staff report.
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il City Council Meeting - May 1 0, 1993
c. Oversi: street signs shall be placed at each of the four outlets of
il Lake Susan Hills Drive on Powers Boulevard. The signs shall indicate
the range of addresses on the street.
19. The applicant's engineer shall provide a final grading plan with detailed
I house types, elevation and grading limits on all lots. The final grading
plan shall also take into consideration existing stockpiled material along
County road 17.
II 20. A condition shall be placed in the development contract regarding
maintenance responsibilities for homes with ejector pumps.
II 21. Any trees damaged during construction shall be replaced on a caliper inch
basis per the ordinance, Section 20- 1178(c)(7).
II 22. One additional overstory shade tree on untreed lots from the City's
approved list.
I 23. Notification to all subcontractors about concern of tree preservation and
the consequences thereof.
II All voted in favor and the motion carried.
II PRELIMINARY PLAT TO SUBDIVIDE 68.53 ACRES INTO 2 SINGLE FAMILY LOTS OF 2.25
ACRES AND 64.98 ACRES, LOCATED NORTH OF PIONEER TRAIL JUST WEST OF PIONEER HILLS
SUBDIVISION, LAURENT ADDITION, PAUL LAURENT.
I Paul Krauss: Thank you Mr. Mayor. This is a somewhat simpler and smaller
request. Gil Laurent is a longtime resident of this city. He has a farm in tha
southern part of the community outside the MUSA line. He's proposing to
I suHJivide his property to create one additional lot that I believe is for his
son. It's consistent with our rural area standards and Metro Council guidelines
for density. Including some minor changes into the plat in terms of definition
of Outlots, it's generally acceptable to us and we are recommending that it be
I approved. A couple things you should know about the lot is, this parcel is
severely impacted by future 212. With 212 coming through in this direction,
with the realigned I think Bluff Creek Road over there, and a ponding area to be
II acquired for the highway. MnDot's aware of this plat. The proposal really does
not interfere with anything. Mr. Laurent's been sort of hamstrung for a number
of years given the fact that this is looming over his head. The proposed
subdivision occurs in an area where it really does no harm to the future road in
I that regard. The second thing, and I'm not sure that this shows up real well,
has to do with the Bluff Creek corridor that traverses the area. Staff and the
Planning Commission have looked at this and recommended that, the Bluff Creek
II corridor is identified as a major recreational resource in the city and that
creek flows generally through here. Here it gets a little foggy because it's in
a wetland and it comes up something like that. To protect that creek corridor
I for future recreational use, we are recommending that a 50 foot easement on
either side of that creek for recreational purposes be provided under the plat.
And I believe that that is one of the conditions that was in the Planning
Commission recommendation but the size of the easement was not defined at that
I time. I had some discussions with Todd Hoffman today and we thought that that
II 28
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City Council Meeting - May 10, 1993
would generally do it to the best of our ability right now. One of the concerns
we have is a...one when MnDot comes in and acquires the property, MnDot will
deal directly with Mr. Laurent. We are not in the loop at that point. We need
to have some interest in the property to protect that recreational corridor that
we'd like to see come down there. And in fact, given the way highway funding is
these days with highways slipping further and further over the year 2000 horizon
it seems like, we may well need to build this trail before the highway comes
through if the community so demands. I mean it's becoming very clear that the
Bluff Creek corridor north of Lyman, as it passes behind Timberwood and up into
the new school site is very likely to be built within the next few years. So
with that we are recommending approval of the plat with the conditions as
outlined with condition 4 modified to indicate that the trail easement is 50
foot on either side of the creek. Thank you.
Mayor Chmiel: Thanks Paul.
Councilman Wing: ...easement, is that adequate for what we're trying to
accomplish? I mean that's a real narrow strip.
Paul Krauss: We're honestly not sure Councilman Wing. In some areas where the
creek is very defined, yes. Where it goes through the wetland, it's more open
to question but at least it establishes the right. I should also point out,
Mrnot thus far has been very cooperative. We've got a pretty good working
relationship with them. It's basically to allow us to pre - emptively do
sor,ething if we need to but the environmental impact study for 212, at our
insistence, includes bridging over Bluff Creek so that we can put a trail
underneath it so that's already in the process.
May:T Chmiel: Is there anyone wishing to address this at this time? If riot,
bring it back to Council. Do you have any other specifics that you have
cn that Richard? Anything else?
Cc. ,cilm_n Wing: No. ,
t"'E;Cr Chrriel: Colleen.
C: : i1woran Dockendorf: Nothing.
Chmiel: Michael.
Councilman Mason: No.
Councilman Wing: Move approval. '
Councilman Mason: Second. With the addition of the 50 foot easement.
Councilman Wing: Oh excuse me. I missed that Mike. I failed to catch that.
Mayor Chmiel: On item number 4.
29 1
City Council Meeting - May '0, 1993
Councilman Wing moved, Councilman Mason seconded to approve the Laurent Addition
Preliminary Plat X93 -7 to create two single family lots as shown on the plans
dated March 22, 1993, and subject to the following conditions:
1. The applicant shall dedicate on the final plat a 50 foot wide corridor for
County Road 14 (Pioneer Trail).
2. Proposed locations for the on -site sewage treatment sites should be
submitted to the Inspections Division for review and approval prior to final
plat approval.
3. The applicant shall receive access approval from Carver County for a
driveway to Lot 1, Block 1.
' 4. Park and trail fees will be required at the time the building permit is
issued. An 8 foot trail easement along Pioneer Trail shall be dedicated and
a 50 foot easement on either side of Bluff Creek for recreational purposes.
' 5. The applicant shall dedicate on the final plat drainage and utility
easements over all ponding and wetland areas, including Bluff Creek.
' 6. The proposed MnDot highway taking should be dedicated or, at a minimum,
platted into an outlot. The appropriate side, front and rear drainage and
utility easements should also be dedicated with the final plat.
All voted in favor and the motion carried.
ACCEPT FEASIBILITY REPORT FOR STORM WATER IMPROVEMENT ON FRONTIER TRAIL (FORCIER
PROPERTY), CALL FOR PUBLIC HEARING, PROJECT 93 -6 -3.
' Public Present:
Name Address
' Lee Forcier 9597 Creek Knoll Road, Eden Prairie
Robert Davis 4010 West 65th Street, Edina
' Dave Hempel: Thank you Mayor, members of the Council. In conjunction with the
city's surface water management program, this is one area that's been spelled
out as a very important area to provide storm water quality and quantity
treatment when we have an opportunity to. We've been working with the applicant
on the Forcier property on developing cooperate or joint ponding facilities with
the proposed 7 lot subdivision proposed here in the near future. Back in
February 22nd, 1993, the City Council authorized preparation of a feasibility
study for the storm grater improvements on the Forcier property. The feasibility
study proposes both water quality and quantity improvements within the
subdivision to serve both the individual subdivision and also upstream
' contributing areas. The City has a unique opportunity here to work with the
developer on these proposed water quality improvements and participate in the
cost sharing for these improvements. The Council item referred to accepting the
feasibility report and calling for a public hearing which is not totally
accurate at this stage. The improvements will be put in by the developer in
' 30
CITYOF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739 1
MEMORANDUM
TO: Kate Aanenson, Senior Planner
FROM: Dave Hempel, Assistant City Engineer 1
DATE: April 15, 1993 1
SUBJ: Review of Preliminary Plat for Laurent Addition
File No. 93 -10 Land Use Review 1
Upon review of the preliminary plat prepared by Schoell & Madson dated March 22, 1993, I
offer the following comments and recommendations:
The preliminary plat proposes to subdivide an existing 68.5 acre farmstead located north of
County Road 14 (Pioneer Trail) and south of the proposed Trunk Highway 212 corridor into two
lots. A portion of the property is located within the Trunk Highway 212 corridor. The City has
officially mapped the Trunk Highway 212 corridor through the property which the preliminary 1
plat denotes. Staff recommends that the necessary future trunk highway right -of -way be
dedicated with the final plat. County Road 14, which borders the south line of the plat, is
classified as a minor arterial Class II roadway. According to the Eastern Carver County
Transportation Study, a minimum right -of -way width of 100 feet is necessary to provide for a
future two -lane highway system. The plat currently indicates County Road 14 right -of -way
varies from 40 to 50 feet wide north of centerline. Staff recommends that a uniform 50 -foot
wide corridor along County Road 14 north of centerline be dedicated with the preliminary plat
for right -of -way purposes.
It appears the lot subdivision is requested to provide another buildable lot adjacent to the existing
farmstead. The parcel is located outside the MUSA line; therefore, municipal sanitary sewer and
water is not available to the subdivision. The newly created lot (1) will be dependent upon
approved septic and well sites.
A very large wetland and Bluff Creek drains through the parcel. The necessary drainage and
utility easement should be dedicated with platting over the drainageways and wetlands throughout
the parcel. Since this development does not include any public improvements, it will not be
necessary for the applicant to enter into a development contract.
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1
1 Kate Aanenson
April 15, 1993
Page 2
I Lot 2, Block 1 has an existing driveway access from County Road 17. As noted in a memo from
the Carver County Public Works Department, if an additional driveway access is requested to Lot
I 1, Block 1, further evaluation will be needed to determine if another access directly from County
Road 14 could be allowed.
RECOMMENDED CONDITIONS OF APPROVAL
I 1. Final platting shall include dedication of the following easements:
a. Drainage and utility easements over all wetland areas including Bluff Creek and
I the typical side, front and rear lot lines.
b. Future right -of -way for County Road 14 shall be dedicated. A uniform 50 foot
I wide strip of land lying north of centerline of County Road 14 should be
dedicated.
1 c. Proposed MnDOT highway taking.
2. The final plat shall be conditioned upon Lot 1, Block 1 being able to support two
1 acceptable septic sites.
3. Driveway access to Lot 1, Block 1 shall be subject to conditions of approval imposed by
1 the Carver County Public Works Department. Should the existing driveway on Lot 2 be
share by Lot 1, a cross - access easement with the existing property owner should be
acquired.
I ktm
I c: Charles Folch, City Engineer
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., CITYOF
toip, I
to CHANHASSEN 1
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
1
MEMORANDUM
1
TO: Jo Ann Olsen, Senior Planner
FROM: Steve A. Kirchman, Building Official 4--q. I
DATE: 03/30/93
II
SUBJECT: 93 -7 SUB (Paul Laurent)
•
Two proposed onsite sewage treatment sites, each 50' by 100', must be located, I
protected and approved on Lot 1. Location and orientation of the sites must
be determined by a licensed site evaluator with two borings performed on each I
proposed site. Sites must be protected in accordance with City policy #10-
1991.
Recommendation: II
Staff recommends the following condition be added to the conditions of
1
approval:
1. Proposed locations for the onsite sewage treatment sites should be
submitted to the Inspections Division for review prior to final plat
approval.
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CARVER COUNTY COURTHOUSE 1
I i 600 EAST 4TH STREET
PUBLIC WORKS DEPARTMENT / CHASKA, MINNESOTA 55318
(612) 448.1213 o f f 'S I
A/ NES O �{
COL \TY OF CAI VEQ — ,s
April 2, 1993
1
To: JoAnn Olsen, Chanhassen Senior Planner
From: Bill Weckman, Assistant County Engineer
Subject: Preliminary Plat I
Laurent Addition
Comments regarding the preliminary plat for Laurent Addition dated March 22, 1993, and 1
transmitted to Carver County by your memorandum dated March 26, 1993.
1. Right -of -way widths listed in the Eastern Carver County Transportation Study for roadways I
functionally classified as Minor Arterial (Class II) are:
Urban Undivided Rural Undivided 1
2 -lane Roadway 2 -lane Roadway
Minimum Recommended Minimum Recommended
1 100' 110' 120' 150'
Urban Undivided Rural Undivided
1 4 -lane Roadway 4 -lane Roadway
Minimum Recommended Minimum Recommended
100' 120' 140' 170'
County State Aid Highway (CSAH) 14 is functionally classified as a Minor Arterial (Class I
II) roadway in the Eastern Carver County Transportation Study. It would appear that as
a minimum. a 100 foot corridor should be established for a potential 2 lane highway.
1
The city may wish to consider an even wider highway corridor along the proposed
subdivision if a separate trailway is to be constructed along the county highway.
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Additional width may also be needed to accommodate public utilities and landscaping.
2. It is not clear on the plat where access to Lot 1 will be provided. If the access is to go
I
onto the existing driveway and share an entrance with the existing landowner using the
driveway, that should be acceptable. If the lot will need an additional access onto CSAH
14, an evaluation would be needed to determined if an access directly from Lot 1 to I
CSAH 14 could be allowed.
3. I have not verified the proposed highway takings as shown on the plat, but assume they I
do reflect the TH 212 official mapping which has occurred in this area.
4. Any public utility lines that are to be installed within the CSAH 14 right -of -way are subject
I
Affirmative Action/Equal Oppod utv ETTTploler
Printed on Rended Paper 1
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1 to the utility permit requirements of Carver County.
5. Any proposed grading and installation of drainage structures within the right -of -way of
1 CSAH 14 is subject to review and approval of the county highway department.
6. Development activities (including the installation of both public and private utilities needed
1 to serve the development site) that result in any disturbance of the county highway right -
of -way (including turf removal, trench settlements, erosion, and sediment deposits) need
to be completed in a manner that leaves the right -of -way in "as good or better condition"
I than what existed prior to construction. It is requested that the city include a provision
in the developer's agreement that requires the developer to be ultimately responsible for
the final condition of the county highway right -of -way. A clear understanding of this
I responsibility will result in fewer project oversight problems for both the county and the
city.
I 7. Any trees or landscaping completed within the right -of -way must be approved by the
County. When locating proposed shrubs and trees, consideration should be given to
maintaining an acceptable sight distance at the proposed intersection.
1 Thank you for the opportunity to comment on the preliminary plan for the proposed development.
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NOTICE OF PUBLIC HEARING
/ 'X + 1
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‘ss./ /
PLANNING COMMISSION MEETING
`
Wednesday, April 21, 1993 - 7 :30 P.M. ...15) ' � '• -- � -
City Hall Council Chambers ■
690 Coulter Drive \ 1 , /
Project: Laurent Addition ; - _ ti` / : '
, . , i
--__/ , & ___1 Developer: Paul Laurent , ,� _ �
Location: North of Pioneer Trail, just !`
w
- - ril RYA ri I i
est of Pioneer Hills 4, °
subdivision c e / PI.
■
Z. '
I/ •
A 4
Notice: You are invited to attend a ublic hearing about a development proposed in
P g P P P
your area. Paul Laurent proposes to subdivide 68.53 acres into 2 single family lots of 2.25 I
acres and 64.98 acres located on property zoned A2, Agricultural Estate and located north of
Pioneer Trail, just west of Pioneer Hills subdivision, Laurent Addition,
What Happens at the Meeting: The purpose of this public hearing is to inform 1
you about the developer's request and to obtain input from the neighborhood about this
project. During the meeting, the Planning Commission Chair will lead the public hearing
I
through the following steps:
1. Staff will give an over view of the proposed project.
I
2. The Developer will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses project. The
1
Commission will then make a recommendation to the City Council.
Questions or Comments: If you want to see the plans before the meeting, please
I
stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you
wish to talk to someone about this project, please contact Jo Ann at 937 -1900. If you choose I
to submit written comments, it is helpful to have one copy to the Planning Department in
advance of the meeting. Staff will provide copies to the Commission.
Notice of this public hearing has been published in the Chanhassen Villager on April 8, 1993. 1
0--)j j' — 1
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Frank Fox Bruce Jeurissen Timothy & Dawne Erhart
7990 Smithtown Road 1500 Pioneer Trail 775 West 96th Street
xcelsior, MN 55331 Chaska, MN 55318 Chanhassen, MN 55317
/Bluff Creek Golf Association Rodney & D. Beuch Lowell W. Peterson
1905 Concordia Street 1180 Pioneer Trail 15900 Hwy. 169
,Wayzata, MN 55391 Chaska, MN 55318 Eden Prairie, MN 55344
'Charles & Patricia Webber John & Jackie Daniels Dennis & Polly Denton
1560 Bluff Creek Road 1111 Homestead Lane 1131 Homestead Lane
'Chaska, MN 55318 Chanhassen, MN 55317 Chanhassen, MN 55317
"John Crissinger David Dahlke & Nicole Watson Timothy & Linda Bloudek
inpro Corp. 1161 Homestead Lane 1171 Homestead Lane
1151 Homestead Lane Chanhassen, MN 55317 Chanhassen, MN 55317
1 hanhassen, MN 55317
Wayne & Gayle Wenzlaff Alphonse & Mary Herzog
1181 Homestead Lane 1191 Homestead Lane
hanhassen, MN 55317 Chanhassen, MN 55317
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Planning Commission Meeting
April 21, 1993 - Page 22
u sized street signs shall be placed at each of the four outlets
c. 0 er reet s1g s s 1 pl
of Lake Susan Hills Drive on Powers Boulevard. The signs shall
indicate the range of addresses on the street. 1
19. The applicant's engineer shall provide a final grading plan with
detailed house types, elevation and grading limits on all lots. The II
final grading plan shall also take into consideration existing
stockpiled material along County Road 17.
20. A condition shall be placed in the development contract regarding
maintenance responsibilities for homes with ejector pumps.
21. Any trees damaged during construction shall be replaced on a caliper I
inch basis per the ordinance, Section 20- 1178(c)(7).
All voted in favor and the motion carried.
PUBLIC HEARING: II PRELIMINARY PLAT TO SUBDIVIDE 68.53 ACRES INTO 2 SINGLE FAMILY LOTS OF
2.25 ACRES AND 64.98 ACRES LOCATED ON PROPERTY ZONED A2, AGRICULTURAL
ESTATE AND LOCATED NORTH OF PIONEER TRAIL, JUST WEST OF PIONEER HILLS
SUBDIVISION, LAURENT ADDITION, PAUL LAURENT. '
Public Present:
Name Address '
Paul Laurent 16085 Delarma Drive
Gii Laurent 1370 Pioneer Trail, Chaska
Jo Anr: Olsen presented the staff report on this item. Chairman Batzli
called the public hearing to order.
Batzli: Would the applicant like to address the Commission at this time?
No? You're happy with all of the conditions that are in the staff report
There's no problems?
Paul Laurent: Yeah, I guess other than the driveway...
Olsen: It's usually a condition that Carver County will have to give you l
an access permit and it's usually not a major issue.
Batzli: Okay. This is a public hearing. Is there anyone else who would'
like to address the Commission on this matter?
Ledvina moved, Scott seconded to close the public hearing. All voted in II
favor and the motion carried. The public hearing was closed.
Batzli: Jeff, do you want to lead off?
Farmakes: I have no comments on this issue.
8atz1: Okay, Joe? ,
1
Planning Commission Meeting
April 21, 1993 - Page 23
Scott: No comment.
' Batzli: Matt.
Ledvina: No comment.
Conrad: Ditto.
' Harberts: Just clarification. As I understand, this is being subdivided
or whatever for a family?
' Olsen: Right. His father owns the property and this is the son.
Harberts: That's it. No problems.
' Batzli: I only have one question. That is, we're taking an easement,
drainage and utility easements. Whoops, wrong one. Where is it, Bluff
Creek. Yeah, drainage and utility easements over all ponding and wetland
' areas including Bluff Creek. Now I don't think that's shown on the map
where we're doing this, is it?
Olsen: Yeah, I believe it is.
Batzli: Is that just that little drainage and utility easement on the
' back of Lot 1?
Olsen: I don't think they were showing. I thought I brought it down.
The easements that we were talking about aren't shown on here yet.
Batzli: Right.
Olsen: Okay, what were you saying?
Batzli: I was saying, where are we doing it? I mean are we going to show
it someday?
' Olsen: Yeah.
' Batzli: Who is going to determine this and when is it going to happen?
Krauss: The plat will be modified to reflect this.
' Batzli: Okay. Do we need that as part of our conditions that the map has
to be modified to show those?
Olsen: We're saying on the final plat it will show up, but yeah. And
then Paul has pointed out that if the creek is going through there, that
we should also double check to see if a trail easement should be taken
' along that too.
Batzli: Well that was my biggest concern was that if we eventually are
going to do something along Bluff Creek, it needs to be more than just a
' drainage and utility easement.
1
Planning Commission Meeting
April 21, 1993 - Page 24
Olsen: Right. Although it's, yeah I don't know how you're going , Y ho '
y g ng to get.
Batzli: I don't know either but we'll kick ourselves later. ,
Oisen: We have been working on trail crossings.
Krauss: And Highway 212 is being designed with a bridge over Bluff Creek'
It was one of the things we insisted on with the EIS 2 years ago.
Scott: Is that going to be like what we'll be doing on Highway 5? 1
Krauss: I think the Highway 212 is really a bridge. It doesn't just loo
like a bridge.
Batzli: Okay. So how can we, we can modify that condition 5 to, the
easement will be reflected on the final plat and that trail, I don't know'
Olsen: Or maybe, could just to number 4 we could add Bluff Creek to the
trail easement along Pioneer Trail and Bluff Creek. I'll confirm. I'm
assuming it will be like a 20 foot trail easement.
Batzli: Okay. I don't have anything else. If no one else does, I'd
entertain a motion. 1
Scott: I move that the Planning Commission approve the Laurent Addition
Preliminary Plat #93 -7 to create two single family lots as shown on the
plans dated March 22, 1993 and subject to the conditions as stated by
staff with item number 4 modified to include an easement of some size to
be determined later along Bluff Creek as well as Pioneer Trail.
Batzli: Is there a second?
Farmakes: Second.
Batzli: Did you want to include submission of a final plat showing these
easements on condition 5 for example?
Scott: Certainly.
Batzli: And typically 3o Ann, do we not typically talk about the plans II
that we've received rather than whatever the heck the applicant dates
them? So that really we're talking about shown on the plans dated
Received March 25th?
Olsen: Right. It should be 25th, that's correct. And then I don't know.
can condition 5 it already says that it shall dedicate on final plat. Are
you saying the preliminary plat. You want it to be shown on the?
Batzli: I don't know. It just seemed silly that we were, I thought that
what we would require is a final plat showing all these things from the II
applicant. Is what I thought.
Olsen: Yeah. Okay.
1
Planning Commission Meeting
April 21, 1993 - Page 25
11
Batzli: Are those changes acceptable to you?
Farmakes: That's fine.
Batzli: Any other discussion?
Scott moved, Farmakes seconded that the Planning Commission recommend
' approval of Laurent Addition Preliminary Plat #93 -7 to create two single
family lots as shown on the plans stamped, Received March 25, 1993, and
subject to the following conditions:
1. The applicant shall dedicate on the final plat a 50 foot wide corridor
for County Road 14 (Pioneer Trail).
' 2. Proposed locations for the on -site sewage treatment sites should be
submitted to the Inspections Division for review and approval prior to
final plat approval.
1 3. The applicant shall receive access approval from Carver County for a
driveway to Lot 1, Block 1.
' 4. Park and trail fees will be required at the time the building permit
is issued. An 8 foot wide trail easement along Pioneer Trail shall be
dedicated and a trail easement, the size to be determined at a later
1 point, along Bluff Creek.
E. The applicant shall dedicate on the final plat drainage and utility
' easements over all ponding and wetland areas, including Bluff Creek.
z. The proposed MnDot highway taking should be dedicated or, at a
' minimum, platted into an outlot. The appropriate side, front and rear
drainage and utility easements should also be dedicated with the final
plat.
All voted in favor and the motion carried.
Batzli: And when does this go?
1 Olsen: May 10th.
Lat.zii: May 10th it goes to City Council. Thank you for coming in.
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1 KENNETH C. BURR EXHIBITS
June 28, 1993
A Key Statutes and Ordinances
B Survey of Reservation by Sathre - Bergquist
1 C June 4, 1981, Site Survey by City Staff
' D 1986( ?) Site Survey by City Staff
E Aerial Photo Inventory
' F Affidavit by Brian Peterson
G Letter by Neighbor Tom Wright
1 H Letter by Neighbor Bob Hebeisen
I Affidavit by DNR Conservation Officer Steven Walter
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' REY STATUTES AND ORDINANCES
' Minn. Stat. 394.36 Nonconformities
Subdivision 1. Any nonconformity including the lawful use or
occupation of land or premises existing at the time of the adoption
of an official control hereunder may be continued, except as
regulated, terminated or acquired by the board as provided in
' subdivisions 2 or 3, although such use or occupation does not
conform to the provisions thereof, but if such nonconformity or
occupancy is discontinued for a period of more than one year, or
any nonconforming building or structure is destroyed by fire or
other peril to the extent of 50 percent of its market value, any
subsequent use or occupancy of the land or premises shall be a
conforming use or occupancy.
1 Subd. 2. The board may by ordinance adopt such regulations
not contrary to law as it deems desirable or necessary to classify,
' regulate and control, reduce the number or extent of and provide
for the gradual elimination of nonconformities and occupancies,
including requiring nonconformities to conform with the official
controls of the county or terminate within a reasonable time as
' specified in the official controls. The board may by ordinance
impose upon nonconformities additional regulations relating to
appearance, signs, lighting, hours of operation and other esthetic
' performance characteristics including but not limited to noise,
heat, glare, vibrations and smoke.
' Chanhassen City Code Sec. 18 -39. Preliminary plat - Generally.
' (c) . . . . If a development is ro osed ad to a lake
P P adjacent ,
or will affect the usage of the lake, the applicant shall provide
' the city with a list of property owners abutting the lake at the
time of application. The city shall provide mailed notice to the
lake homeowners as in compliance with the procedures above. The
applicant is responsible for meeting with affected homeowners.
Sec. 20 -2. Purpose.
1 This chapter is enacted to carry out the intent of the city's
comprehensive plan and to:
(1) Protect residential, commercial, industrial and institutional
areas from the intrusion of incompatible uses;
(2) Prevent overcrowding of land;
EXHIBIT A
1
1
(3) Conserve and enhance the city's tax base;
' (4) Protect against fire, smoke, explosion, noxious fumes,
offensive noise, vibration, dust, odors, heat, glare and other
hazards to people;
1 (5) Preserve the natural beauty and amenities of the city and
achieve excellence and originality of design;
(6) Facilitate the provision of public services;
(7) Secure equity among individuals in the use of their property.
Sec. 20 -71. Nonconforming buildings nqs and uses.
' The lawful use of a building or land existing on February 19,
1987 may be continued, although such use does not conform with the
provisions of this chapter. Except as otherwise provided,
nonconforming uses shall not be extended or enlarged.
' Sec. 20 -73. Discontinuance.
(a) In the event that a nonconforming use of any building or
premises is discontinued or its normal operation stopped for a
' period of one (1) year, the use of the same shall thereafter
conform to the regulations of the district in which it is located.
' Sec. 20 -79. Non - Conforming Recreational Beachlots.
' (a) Intent. The intent of this section is to prevent the
expansion of non - conforming recreational beachlots by establishing
a baseline documenting the allowed use of each legal non - conforming
recreational beachlot.
1 (b) Within one year after the adoption of this ordinance all
non - conforming recreational beachlots must receive a nonconforming
' use permit or the use must cease and desist. The permit shall be
issued following receipt of satisfactory proof concerning the
nature and extent of the legal non - conforming use as it existed on
' or before January 18, 1982. The permit shall describe the nature
and extent of the allowed use. The use may not be expanded or
intensified over what is described in the permit.
Sec. 20 -263. Recreational each lots.
Intent. Based upon experience, it is recognized by the city
that the use of lakeshore by multiple parties may be an intensive
use of lakeshore that may present conflicts with neighboring uses
1 2
II
1 of lakeshore or the use of other lakeshore on the same lake or the
lake itself. Further, beachlots may generate complaints if they
are not maintained to the same standards as single - family lakeshore
I lots. Therefore, the city requires the following conditions for
recreational beachlots, in addition to such other conditions that
may be prescribed in the permit:
II * **
I Sec. 20 -1118. Design of parking stalls and drive aisles.
(a) Parking spaces shall be designed in conformance with the
following: Parking stalls shall have a minimum paved dimension of
I eight and one -half feet by eighteen (18) feet. Stall and aisle
dimensions shall be as noted below for the given angle:
I Curb Stall
Angle Length Length Aisle
45° 12.0' 18.0' 13.5'*
I 60° 10.0' 18.0' 18.5'*
1 90° 8.5' 18.0' 26' **
Parallel 20.0' 8.0' 22'
1 * One -way aisles only.
** Aisles which are not between two (2) rows of ninety- degree
1 angle parking spaces may be twenty -two (22) feet wide.
* ** Dead end aisles must be provided with a twenty -six (26) feet
I by ten (10) feet unencumbered area at the end to facilitate vehicle
turning movement.
I (b) All parking areas except those serving one- and two -
family dwellings on local streets shall be designed so that cars
shall not be required to back into the street. If deemed necessary
for traffic safety, turn - around areas may be required in one- and
1 two - family dwellings.
(c) All parking and loading areas, aisles and driveways shall
I be bordered with raised concrete curbs or equivalent approved by
the city.
1 (d) All parking, loading and driveway areas shall be surfaced
with asphalt, concrete or equivalent material approved by the city.
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1 Sec. 20 -1121. Buffer fences and planting screens.
I On -site parking and loading areas near or abutting residential
districts shall be screened in conformance with the provisions of
article XXV.
1 Sec. 20 -1122. Access.
I Parking and loading space shall have proper access from a
public right -of -way. The number of width of access drives shall be
located to minimize traffic congestion and abnormal traffic hazard.
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1 LAKE MINNEWASHTA
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prepareci of:S S
PH TRACTS SA EY E /...' - 13 ERGOUIST INC
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KEN DURR
EXHIB 4 B 1 150 SOUTH 911090WAT • 9/11TUTA. MN 65391 • 6T6-9009 1 I I 1
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9.-
I RECREATIONAL BEACH LOT SURVEY
EXISTING CONDITIONS
II Date: ume 4 'l6
_,_, II Name of Home Owners Association: XalkiNdif\A-
N SI1
Number of Dwelling Units:
II Lake: 1)( 1914?L k
II Approximate Size of Beach Lot: 13, . ` ,
Width of Lot at Shoreline: 5o tk:
Motor Vehicle Access: Yes: V No:
Off- Street Parking Area: Yes: No: 7 ------
I Approx. Size of Parking Area:
II Boat Launch: Yes: No:
Permanent Buildings: M
Approx. Setback from Lake:
Temporary Buildings: MW- /
II
Portable Restrooms: Yes: No:V
I Picnic Tables: M V
Grills /Campfire Sites: Kw_
1 Permanent Docks: M g-
Approximate Length:
1 Seasonal Docks: MMQ
I Approximate Length:
Canoe Racks: (V OWL
(# of spaces)
II # of Boats Stored on Land: 1_ &M c
li # of Boats Moored at Buoys: Mkt
# of Boats Moored at Docks: Mkt
1
1 EXHIBIT C
' Swimming Beach: Yes: No:
Marker Buoys: Yes: No:
I ft• V
Swimming Raft: Yes: No
' Approximate Siz :
Comments: 44 ItailANv — i
1_
1 Go yer 5 S4er1 :ns � 5 � a
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C � S Wei � tio, � cxsU�e�d
* _ NO move. - Anoor %eel. t. _gccess
' }•as rt -e _. boats ft oore c `the 6oc.K •
m;nnPWasilV Shofts
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-1*-- A16 oN6re r10i-er. V access
7k" .Nducc 0 poi r` clew. ' -we
1 ,(- 1 rift.) Sew eloc_.K
bej dry Lis ", dad oz_
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1 Ncic COLX.t,` G eCarned
1 _ 7 Canoes on.k iaci-s 0--1 ant_ s&-Jk Sq, /doter
1 bps 1 LocK. " \v,A, 6"
-Sc M i d�
Off. wN,
1 /Wel 4 SSdid dirt
boaA Site/r._ .
Wda ante Calve_
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EXHIBIT D
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II AERIAL PHOTO INVENTORY: LAKE MINNEWASHTA
II TOTAL DOCKS ON DOCK
NO. DATE SCOURCE, ID & TYPE DOCKS RESERVTN SECTNS
1. 9 -3 -40 ASCS WM 3A -70 26 0
1 2. 7 -22 -51 ASCS WM 2H -37 31 0
3. 10 -30 -53 ES 5 -48 GS -VBH 23 0
4. 10 -27 -57 ASCS WM 8T -23 31 0
II 5. 5 -2 -62 MNDOT A -18 -126 11 0
6. 7 -2 -63 ASCS WM IDD -66 32 0
7. 10 -25 -65 MNDOT AOK -53 25 0
8. 1966 MC 35N (North Shore) 9 0
I
9. 4 -19 -67 MNDOT 67S -18 (Portion) 5 0
10. 4 -69 MarkHurd N5-63 9 0
11. 7 -70 ASCS WM ILL 173C Print 73 0
I 12. 11 -12 -71 MarkHurd CLJ 336 Print 2 0
13. 10 -16 -72 ES 1 210 GS_VDCU 59 0
14. 1978 MC 6J 11 0
II 15. 1979 MarkHurd (North Shore) 10 0
16. 7 -79 ASCS Slide 79 0
17. 1980 MC FRP 685 6J East 5 0
17A. 1980 ASCS 27019 - 180 -209X 0
I 18. 1980 ASCS D -11 26 0
19. 3-20-81 MNDOT GAA -52 (subject
only) 0
I 20. 7 -81 ASCS Slide 64 0
21. 5 -2 -82 MNDOT GIW -65 (bay only)
Print 28 0
II 22. 8 -82 ASCS Slide 53 0
23. 8 -83 ASCS Slide 52 1 2?
24. 7 -84 ASCS Slide 75 1 2 -3
25. 5 -1 -85 MNDOT JVF 268 (bay only) 4 0
I 26. 7 -85 ASCS Slide 60 1 2 -3
27. 7 -86 ASCS Slide 63 1 2 -3
28. 7 -87 ASCS Slide 64 1 2 -3
I 29. 1987 MC KDB 206 6J 14 0
30. 7 -88 ASCS Slide 44 1 2 -3
31. 7 -89 ASCS Slide 80 0
I 32. 8 -90 ASCS Slide 89 0
33. 8 -90 MC 90 -896 6J East (No.
Bay) Photocopy 51 0
34. 7 -91 ASCS Slide 101 1 3+
1 35. 7 -92 ASCS Slide 104 1
II ASCS =
Agricultural Stabilization and Conservation Service,
I U. S. Department of Agriculture
ES
MNDOT = Minnesota Department of Transportation
MC = Metropolitan Council
1 EXHIBIT E
II
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1 AFB' ;VAVIT
STATE OP MINNESOTA
)
ss.
COUNTY OF HENNEPIN )
1
Brian J. Peterson, being first duly sworn, on oath say that:
1 1. He is 4 years old, an attorney admitted to praotios law
in th State of Minnesota and a rssidsnt of
Y'��^ r�'`.�w , M
2. From ��•K� / , 1978, to 2._ 3
1988, eras a year -round as a enan n e ouse
' located on Lot 1, Schmid's Acre Tracts.
3. He is familiar with the location of the 50 -foot etripp of
land known as the "Raservationu on the plat of Schmid's
1 • Acre 2'raots, which lies lust to thi North of the property
formarl,y owned by the late Paul and Ceosiia KoClsnaghan
and through which flows the outlet creek from Lake
1 Minnewashta.
4. During the trims that he rented Lot 1 and the house on it,
1 he was able to observe closely the usage of the
Reservation.
1 5. From 1979 to 1984 or 1985, hs did not observe either a
Immanent dock or a seasonal cloak installed at the
shoreline of the Reservation. He specifically recalls
being surprised when ha first saw a dock installed on the
' Reservation in either 2.984 or 1985. From that time to
the end of his tenancy, a dock was installed on the
Reservation in some years and not installed in other
1 years.
6. The maximum number of oars that he recalls ever being
1 arksd on o, nd %t i r e because there the was not Reservati much n zoom was for two bac this up a le.
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1 EXHIBIT F
I BRIAN J PETERSON 5371016 06 -02 -93 15 58 P.03
1
7 The Reservation was used only sporadically or
I recreational purposes, and then not always by people from
the neighborhood who might have had some right to use it •
The Reservation was generally poorly maintained, commonly
' littered with beer pans, paper and other unsightly
debris, and was misused on many occasions by persons
outside the neighborhood for noisy, late -night partying.
Sr an . s ereon
Subscribed and sworn to before me
1 �. . nd day of Jun 199 ;4
LOW, , 144%..4
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' • 3 � ► lOt ANOiKA CoUNtY TA
MYMW$ f 1011 t , uN,1.11,01
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THOMAS F. AND SHARON L WRIGHT
' 3611 IRONWOOD R0.
EXCELSIOR, MN 65331
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1 EXHIBIT G
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ROBERT W. HEBEISEN
1 3807 IRONWOOD ROAD
ExaaL&IOR. MINN88OTA 88331
1 (812) 474
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1 EXHIBIT H
1.
1 STATE OF MINNESOTA )
ss. AFFIDAVIT OF STEVEN M. WALTER
COUNTY OF►( )
Steven M. Walter, being first duly sworn, on oath says that:
1 1. He is 32 years old, a resident of Chanhassen and employed
by the State of Minnesota Department of Natural Resources as a
1 Conservation Officer.
2. Among his responsibilities as a Conservation Officer is
responding to and investigating citizen complaints about diversion
or misuse of public waters.
3. In the summer of 1992 he responded to about three citizen
' complaints regarding blockage of the outlet creek at the northwest
end of Lake Minnewashta, which resulted in the level of the lake
rising to the possible detriment of some lakeshore property owners.
1 4. On the occasion of each of those complaints, he found at
the point where the creek flows out of Lake Minnewashta a blockage
1 of the water which would normally flow into the creek, thereby
substantially diminishing its flow and resulting in an improper
rise in the level of Lake Minnewashta. The blockage in each case
was caused by the arrangement of large stones and branches, and was
1 clearly man -made rather than the result of natural forces.
5. On each of these occasions, he spent about 30 minutes
1 removing the stones and branches causing the blockage and thereby
restoring normal flowage.
6. Since that time, he has patrolled and generally kept a
fairly close eye on the outlet creek, but he has never caught
anyone in the act of creating another blockage and does not know
who has been responsible for those acts.
1 7. On Wednesday, June 16, 1993, he received another such
complaint and found and removed another such blockage.
8. If he ever is able to identify a person responsible for
one of these blockages, he will use his statutory authority as a
Conservation Officer to issue a ticket to that person for violating
1 Minnesota law, which is punishable as a misdemeanor.
9. He is familiar with the location of the 50 -foot strip
1 which is shown as the "Reservation" on the plat of Schmid's Acre
Tracts and which encompasses the outlet creek within its
boundaries.
10. He would still have adequate access to the outlet creek
and Lake Minnewashta if a gate were placed across the Reservation
at Minnewashta Parkway restricting access to pedestrians only, and
he believes that such a gate might reduce or inhibit future
11 EXHIBIT I
blockages of the outlet creek by discouraging access by the persons
responsible for the blockages.
1 11. On each of the several occasions when he has viewed the
outlet creek at the point where it flows from Lake Minnewashta, he
' has observed beer cans, bottles, auto parts and other litter strewn
on the site, and except for two kids fishing from the dock on June
16, 1993, he has never observed anyone swimming or fishing there or
otherwise using the Reservation for recr tional purposes.
4(
Steven M. Walter
Subscribed and sworn to before
me this day o Ju e, 1993.
Notary Public
1
THOMAS L. OWEN.
NOTAEcO ,
YID, HENNEPIN RY COUNT PUBLIC- MINN
�.
My Commission Expires Oct. 6,1998
i wwv~m~mmAmmiommtwvoiwu
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MEMORANDUM
TO: Kenneth C. Durr
FROM: Thomas L. Owens
' DATE: June 25, 1993
RE: Schmid's Acre Tracts
Nonconforming Beachiot Application of Gary Carlson
June 28 Chanhassen City Council Hearing
1
' The key points for us to make at the City Council hearing on
Monday evening are:
' 1. This is a highly unusual beachlot requiring special
consideration.
' (a) It is not a separate lot or outlot; and it is not
owned by a homeowners' association or fractionally
by neighborhood property owners.
(b) At best, it's a 50 -foot wide easement benefitting
some or all of the owners of property within
Schmid's Acre Tracts (a 60+ acre plat).
(d) It is substantially nonconforming:
' ** 50 vs. 200 -foot minimum at lakeshore
** 13,000 vs. 30,000 square foot minimum for dock
' ** usable width is actually 8 to 30 feet because
of Lake Minnewashta outlot creek
' (e) Originally for 8 lots, it is now proposed for 25,
and the number of users could easily double with
future subdivision.
' 2. The uses requested in the Application simply don't
conform with the "nature and extent of the legal non - conforming use
as it existed on or before January 18, 1982." (Sec. 20 -79) Our
' evidence and testimony:
** June 4, 1981, site survey by City staff
' ** Undated (1986 ?) site survey by City staff
** Aerial photos from 1980, 1981 and 1982
I.
,
II ** Affidavit by Brian Peterson
** Testimony by Ken
1 ** Letter by neighbor Tom Wright
** Letter /testimony by neighbor Bob Hebeisen
I 3. Vehicle access to the Reservation is completely
P Y
inappropriate and would permit continuation of misuse and abuse of
I the Reservation.
** 1981, 1986 and 1991 City staff surveys cite poor
I maintenance
** Testimony by Craig Miller, Dana Johnson and Ken
1 ** Affidavit by DNR Conservation Officer Steven Walter
** Widespread knowledge within City regarding noisy
I late -night parties, complaints by neighors, etc.
** Survey of Reservation shows lack of room for
I parking and turnaround
** Safety of users of Reservation and drivers on
Minnewashta Parkway would be imperiled by vehicles
I backing out onto the Parkway and by vehicles and
boat trailers trying to back into the Reservation
I ** Restriction to pedestrian access is essential to
prevent intrusion of incompatible uses, to prevent
overcrowding, to preserve natural beauty of this
I lakeshore area and to secure equity
** Boat launching may result in excessive boat traffic
on Lake
1 ** Carry -in of canoes and small boats may be allowed
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