5. Minnewashta Manor Non-conforming Recreational beachlot CITYOF
i
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
r�
Action by City AdminIstn3 y
' Endcmcd_' 14 %I
MEMORANDUM Mod:'`
' Rejected
Dote Submitted to Commission
TO: Don Ashworth, City Manager
1 Dote Sub nirted to Council Kate Aanenson, Senior Planner 7 - `.'?
DATE: July 7, 1993
SUBJ: Minnewashta Manor Non - Conforming Recreational Beachiot
BACKGROUND
The Minnewashta Manor Subdivision was P latted in 1947. There are 32 homeowners in the
association. The association's beachlot is located on Lot 11, Block 3 of Minnewashta Manor.
' This lot is submerged under water or is below the ordinary high water mark. Therefore, the
association does not have any unusable beachlot property. The association is using the right-of-
way of Minnewashta Avenue to gain access to the lake. This street was never built and does not
serve any homes. There is a gravel access to the beachlot along the extension of Sandpiper Lane
and Minnewashta Avenue. Access to the homes in Minnewashta Park, the subdivision to the
south, is off of a private drive from Sandpiper Lane. The proposed location of Minnewashta
Avenue is under water along the lake side and is not required for any public use. Staff would
recommend vacation of this street (Attachment #1).
The recreational beachlot is located in a channel/cove off of the main lake. The association was
granted a wetland alteration permit to dredge the channel. This dredging went a distance of 950
feet to the Pfeffer residence and did not extend to the association's lot. The dock for the
association extends in front of the Pfeffer residence in order to gain enough lake depth for
docking boats. There is an association dispute as to whether or not the association property was
to be dredged. The Pfeffer's wanted the dock relocated. Relocating the dock would likely result
in the elimination of docking rights for the association. The concerns of staff include whether
or not the association can meet the dock setback zone and the association's use of the city right-
!" of -way.
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%or PRINTED ON RECYCLED PAPER
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I Minnewashta Manor
July 7, 1993
Page 2
I The association is requesting 1 dock, 30 feet in length and extending out into the navigable
waters. They are also requesting 5 boats to be stored at the dock and 5 boats to be stored on
1 land. An inventory was not taken of this beachlot in 1981. The association has stated that they
have had a dock with boats for many years.
1 UPDATE
This item appeared before the Planning Commission on November 4, 1992. The item was tabled
I at that time because it was not clear who was representing the association and staff had
recommended the association consider vacating Minnewashta Avenue and a portion of Sandpiper
Lane. There were several other issues that were involved, most notably the fact that this beachlot
I is under water and the access is now the right -of -way for Sandpiper Lane. The staff sees two
options if there is continued use of the beachlot; vacate the street or grant the association the use
I of the city's right -of -way on Sandpiper Lane.
It was thought that maybe Minnewashta Avenue and a portion of Sandpiper Lane could be
I vacated and the adjoining property owners could retain a portion of the right -of -way. This
would, at the least, give the beachlot a protected access to the beachlot. This solution presents
some problems in that it cannot be guaranteed who will get the right -of -way. In addition,
I granting of additional right -of -way to the property owner to the north (Pfeffer residence) will
result in his demand to move the dock further to the south. Locating the dock further into the
channel may result in not having enough depth to dock a boat. This may not be an issue if it
1 is determined that no boats are to be docked overnight.
Another option for the beachlot is to continue to use the city's right -of -way. Since this street will
I never be improved by the city because it dead ends into the lake. The city could allow the
beachlot association to continue to use the right -of -way.
1 The Pfeffer's had complained about some erosion that was occurring in this right -of -way on
Sandpiper Lane and their residence. Mike Wegler, Street Superintendent, inspected the site on
June 7, 1993, and noted that no action was needed by the city at this time. He noted that the
1 home owner has put some debris in the flow line and this could be corrected. In addition, the
settling in the yard could be from a number of things and it is unlikely a problem for the City
to solve.
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Staff still has the on going represents problem as to who resents the association. This association has
g P
I been less active in the last couple of years and the application submitted by President James
Senst last October does not reflect the interpretation as to the level of use in 1981 that other
members of the association believe existed. Staff has attempted to notify all members of the
I association of this meeting. A new application has been submitted by a long time resident of the
association, Mr Art Kimber. He has 5 other members of the association listed on the application
as noted in concurrence with the request. Staff is requesting the Planning Commission, through
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Minnewashta Manor I
July 7, 1993
Page 3
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the public hearing process, interpret the facts as to the level of use in 1981 and the best was to
allow the association access either by vacation of the street or authorize use of the street from
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the City. Roger Knutson, the City Attorney will be at the Planning Commission to help with
these issues.
SUMMARY I
The Association is requesting approval of 1 dock, 30 feet in length from the shore and out into
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navigable waters, 5 boats at the dock and 5 boats on land.
PLANNING COMMISSION UPDATE
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On June 16, 1993, the Planing Commission held a public hearing regarding this beachlot. Roger
Knutson was in attendance for this meeting. The Planning Commission's recommendation for
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the beachlot is found on the Non - Conforming Recreational Beachlot Permit (Attachment#2). The
Planning Commission recommended that the "L" portion of the dock be removed. The "L"
I extension of the dock was an issue of concern with the neighbor to the n orth, Mr. Pfeffer. The
Planning Commission recommended that the association have continued use of the city's right -
of -way but they should post a sign identifying this area as the Minnewashta Manor Beachlot. I
The Commission approved one dock, 40 feet in length, with 5 boats at the dock, but no motor
vehicle access.
ATTACHMENTS I
1. Subdivision Map. I
2. Non - Conforming Beachlot Application.
3. 1981 Beachlot Inventory.
4. Map of Wetland Alteration Permit. I
5. Note from Mike Wegler dated June 9, 1993
6. Letter from Art Kimber dated June 25, 1993
7. Planning Commission Minutes dated June 16, 1993
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1 NON - CONFORMING RECREATIONAL BEACHLOT PERMIT
ASSOCIATION P.C. CITY COUNCIL
1 REQUEST RECOMMEND ACTION
Association Minnewashta Manor
I Lake Minnewashta
1 Number of Homes 32
Size, square feet 2,400 sq. ft. - UNDER WATER
Shoreline 174 feet plat of 1947
163 plat of 1983
I Motor Vehicle Access Y es no
1 Off - Street Parking no
I Boat Launch no
Buildings not requested
1 Picnic Tables not requested
I Grills /Campfires not requested
Seasonal Dock 1 (30 feet) 40' remove the
I Diagram and to get to a L extension
navagatible depth
1 Canoe Racks not requested
Boats on Land 5 0
I Boats at Dock 5 5
1 Boats Moored none
Swimming Beach no
I
Marker Buoys no
1 Swimming Raft no
I Miscellaneous - boats shall be removed from the beachlot at the end of the season
- post a sign identifying the association beachlot
- the association can continue to use the city's right -of -way
•
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CITY OF CHANHASSEN 1
690 COULTER DRIVE
CHANHASSEN, MN 55317
NON - CONFORMING RECREATIONAL BEACHLOT APPLICATION
HOMEOWNERS ASSOCIATION: Af// ' 4',¢„* i1 TA / 1I - O,Z ) ERs 1
33 a e i4T' ' t //YC, C4 74s 4i0
CONTACTPERSON: /-?,P T i-04/ C 7 9 /90i iv 7/w J
Ae or,E,e v D1�/j1'0
ADDRESS: Z8' ' 7c /✓4 E CE <.s /o 53:1:9/ Ar4/G
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TELEPHONE (Day time) '7'7' =7776 TELEPHONE (Evening): 4"7 - -'7s7e
Please rovide all requested data consistent with what existed in the summer of 1981.
P �
1. Number of homes in the Homeowners Association ,3Z
/7',t/ Pic /4 rr / q 7
2. Length of shoreland (feet) /6 1 r 73 p/r SEPr rf� 1
3. Total area of Beachlot (in square feet) 4-PR,is 2/ o
/!v / ferf %/1t/t wi PNLy o �,E
4. Number of docks II ,''pRo x 3o A 7. .EX P /s/ /A"'"c4rti Tye Jf/e
Are t o 4-4'*y ov-r //v A/9Vr 9404E W/1/1-
6. Length of dock(s)
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7. Number of boats docked 5
8. Number of canoe racks V''v
9. Number of boats stored on canoe racks /VO/VC 6 zb=rzE %"' 1
/gt q ,a ,.coil r J
10. Number of boats moored, i.e. canoes, paddle boats, sailboats. A(oive
11. Number of boats on land I(4, "o F.q /S/Orup jo S''vE' "' ($)
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12. Swimming beach Yes No Buoys Yes No K
13. Swimming Raft Yes _ Nom 1
14. Boat Launch Yes No�S_ _ AC C E s s A/o r Ca Pi,4r0 i < '
To / i 2 Ei ' 9,6
P v 'L t 4-G'Ct -ss [3/v4 / "df /,v ,3 r s
/ 6 d L y p o c/T CV /H D 2 ' ( 1
/v,4 v/4 ,5 K/i}T
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15. Motor vehicle access Yes No
Number of parking spaces /Vo ,,¢&i' /N6
1 16. Structures, including portable chemical toilets:
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2820 Tanagers Lane
Excelsior, MN 55331
June 11, 1993
City of Chanhassen
Attention: Date Aanenscn, Senior Planner
Dear Kate, '
Inasmuch as there ins =no way we can be sure of being awarded
twenty feet (20') of the roadway in a vacating process, we believe
that an arrangement with the City of Chanhassen to retain the
ownership of the roadway would:be best.
Minnewashta Homeowners' Association chould be granted the use
of the roadway for a recreational area and beach lot.
We are to keep it clean and orderly, an asset to the community,
instead of a dumping area for old snowmobiles, used autos and weeds
as it is now.
We feel we should have some claim to it for the following reasons:
1 - We used the roadway for access to our beach lot from
1947 until 1983.
2 - We paid property taxes on the beach lot from 1947 to 1983
when the 1`:'B determined that the lot 11, block 3, was under
navigable water.
moONOOWsAwwim 3 - From 1983 until 1993 we have used the road as lake access
(with the approval of the city).
4 - That's 47 years, isn't there some grandfathr's act which
gives us the privilege to continue use? Possibly the Pight
of Eminent Domain?
Here is a list of current Minnewashta Manor residents who use the
dock regularly (the dock now is on the site of Lot 11, Block 3).
N AnE .,$ i4rro lifienr1.X/Y 6
ADDRESS 2 8 3/ T nrAt GE.e 3' i •f/vE '
NAME ME � / � / Ty y d/ -514=N
ADDRESS 2$ Z/ 7 . 74/Y ,4;Gc -12 r .��9�► -� '
NAME / -o cvA ,e4' . 8e/ric, Sa /7i ' /O
ADDRESS Zs' ra - rX .va,a /A 7:44
NAME Mr -4G i /i 1 /i'iv f F1
ADDRESS 2-87o k <4Zlf4 8,¢V
NAME ,'stem/ Ali 4/ De ,4
ADDRESS /SoO S/9'
NAME 7 e' 14-8akt Ace if4 0(4.0/1 44re - '! �cr ,ke - Gear
ADDRESS
pe c.q ayo— i/JeA SEi�E.e10 . ' W /Ty x.4 7}'
n o G zP X4 ' enfe o v} 77i ✓ '2
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Page 2
I am sorry that I was not able to get this form to you sooner,
Tom Schoenecker had to go to the airport last night, his daughter
' is graduating from college today.
I filled out the Non - Conforming Beach Lot kpplication to the
best of my ability. I think all facts are correctly stated. I
' trust that this will be the information you need.
Sincerely,
' Art uimber
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- Sec. 33_
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CERTIFICATE OF SURVEY- . �,
I- RVEY
PAEP1►ti
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Rolls MINNEWASUTA . ,gOME OWNEQS ASSOC
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CO / V MINNESOTA.
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FILE No2
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Transfer from No. 48 Originally registered tie I
20th clay of January 19 45 Volum : 7
3 page 68
I
,1/ - -' t REGISTRATION I
►ATEd1+111ViESOTa,
CAII1r 1T- CARVER ) Q/,� lo, s e e
Minnewashta Manor Home Owners e.ssociation a Minnesota corporation I
f box 225k, houte 5 1 44. City Excelsior
I
44? Carver A 4y'�,*° Minnesota
Ai ,4, mtfe des,k in fee simple I
anaA.4,i∎ oacovi� bete Ned ,�e��� lad etkw.s (e,909/Zim cfia�(a,.r'
Lot Eleven (11) block Three (3) Minnewashta Manor, according to the
I
plat thereof on file and of record office Registrar of Titles, Carver
County, Minnesota.
On condition that said lands be used for park and recreation
purposes for the benefit of the owners cf land ir the plat
I
of said hinnewashta eianor and subject to the further provision
that if said lands cease to be substantially used fer park anti
recreation purposes as above set cut, then said lanao shall
become the property of the County of Carver or its successors
to be used for public park purposes. •
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miles+114wAvaanari-,eovietmda alsial 4,1h fstma uiriacIsderk:lmet,,ei abrocd,.`klen ,a>
� ,la 01.4«rwry,,44olt�6rz4 44tersitfa ai3 . e5011.Al 7 Seledea
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A a A Mr i.d,..al Ani. 464 .a.eat.ime ydaLers ,•/14-../twn.ir,l.Nevoadr.:
0 � ►e efa�Mea°' °Lawilot wb lef 4064,44iahrlha. 1
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-- Ge�ra/✓<Eda,,y Minnewashta honor Hone Owner's Association 0 `'�'` ' ' `& '` ,
j ;; is a i',innesota corporation _ no ,
dAtk 10 ,t July ,/y of 9 A.M.
eirjeesA. 1. .I...d0L ,14 r..,....), ..• .....66.49#94.6.4.
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C ORPOR A't'iuly tt '.,&'— — - -- .,....,..,< i, -M1NN: —
Minnewashta Manor Home Owners Association
TO
The Public
ARTICLES OF INCORPORA'1'iON
OF
. MINNEWASHTA MANOR IIOME OWNERS ASSOCIATION .
We, the undersigned, for the purpose of forming a corporation under and pursuant to the
' provisions of Chapter 317 Minnesota .,Lututes, known as the Minnesota Nonprofit Corporation
I Act, do hereby associate ournelves together as a body corporate and adopt the following
Articles of incorporation:
1 ARTICLE I.
The name of this corporation shall be: Minnewashta Manor Home Owners Association.
AHTICLe II.
The purpose of this corporation shall be: To stimulate the interest of residents of
Minnewashta Manor in community interest, health, safety, and the genera) welfare of the
residents in the area, and to do all things reasonably necessary to fullfill its purpose,
; including but not limited to the power to lease. purchase, hold and improve real estate.
AHTICLI. 111..
� This Corporation ;hall not afford pecuniary gain, incidentally or otherwise, to its
I members.
AR'T'ICLE IV.
The period of duration of corporate existence of this corporation shall be: Perpetual.
I ARTICLE VI.
The location of the registered office of this corporation is Box 225W Route 5, Excelsior
! (Carver County), Minnesota. ARTICLE VI.
The name and address of each incorporator of this corporation is:
i Jesse Pottratz Route i/5 Box 225W Excelsior, Minnesota
u L. W. Faetkenheuer Route /15 box 228W Excelsior, Minnesota
Aaron J. Clem Route ,/5 Box 203W Excelsior, Minnesota
ARTICLE VII.
1i The management of this corporation shall he vested in a Board of Directors of not less
than two nor more than five members. The first Board of Directors and their names and post
office addresses are as follows:
Jesse Pottratz Route //5, box 225W Excelsior, Minnesota
i J. L. Faetkenheuer Route N5, Box 228W Excelsior, Minnesota
li Aaron J. Clem Route N5, Box 203W Excelsior, Minnesota
i■ ARTICLE VIII.
M�mhers of the corporation shall not be personally liable for torpor - - _ =tions.
ARTICLE IX.
i; Thin corporation shall have no capital stock.
In Testimony Whereof, we have hereunto subscribed our names this 18th day of March, 1961.11
Witnesses
;
James N.
Witnesses, Jesse Pottrat
Rosemary r'ritz Jesse Pottratz .
- L. W. Faetkenheuer
Ii L.W. Faetkenheuer
Aaron J. Clem
II Aaron J. Clem ■
I! STATE OF MINNiS0TA )
: s5.
COUNTY OF HENNEPIN )
I, On this 18th day of March, 1961, personally appeared before Me Jesse Pottratz, L. W.
Faetkenheuer, and Aaron J. Clem, to me known to be the persons described and who executed
i the foregoing Articles of Incorporation of Minnewashta Manor Home Owners Association,
and they acknowledged that. they executed the same as their free act and deed, for the uses
fj and purposes therein expressed.
James N. Grathwol
JAMES N. GRATHWOL
(NOTARIAL SEAL) Notary Public, HennepiCounty, Minn.
a My "ommi,sinn ex"irep !"fly 1,
STATE OF M1NN..SOTA DEPARTMENT OF STATE I herby certify that the within instrument
was filed for record in this office on the 22 day of March A. D. 1961, at 10:45 o'clock A. M.,
and was duly recorded in book N -20 of Incorporations, on page 263.
Joseph L. Donovan
Secretary of State
Filed for record on the 29 day of March h. D. 1961 at 8:30 o'clock A. M., earl W. Hanson,
Register of needs
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STATE OF
DEPARTMENT OF NATURAL RESOURCES
PHONENC296 -7523 METRO REGION DIVISION OF WATERS FILENO
1200 Warner Rd., St. Paul, MN 55106
January 11, 1989
Minnewashta Manor Homeowners Assoc.
c /o: Mr. Clifford Reep
Minnetonka Portable Dredging
500 West Lake St.
' Excelsior, MN 55331
Dear Mr. Reep:
RE: PERMIT APPLICATION 1/89 -6229, CHANNEL EXCAVATION, LAKE MINNEWASHTA
(10 -9), CARVER COUNTY
Department personnel have completed review of your application for a
permit to work in protected waters. Under Minnesota Rules Part
6115.0080, the department cannot issue a protected waters permit until
the applicant has paid an additional application fee based upon the
cost and complexity of the proposed project. The additional
application fee for your project is based on the following parameter:
900 FEET OF SHORELINE AFFECTED
3200 CUBIC YARDS OF FILL OR EXCAVATION
TOTAL ADDITIONAL APPLICATION FEE $230.00
Please submit this fee via check or money order made payable to the
"Department of Natural Resources ", 1200 Warner Road., St. Paul, Mn.
55106. Under Minnesota Rules Part 6115.0080, if the additional
application fee is not received within 30 days of this notice, your
permit may be denied.
The permit to be issued to you will authorize the following work to be
done in protected waters:
excavate channel along Minnewashta Manor, Block 3.
Please remember that we cannot issue your permit until you have paid
all required fees. If you have any questions, please call this
office.
Sincerely,
Kent Lo kesmoe
Assistant Director
cc: Pat Pfeffer
K93
AN EQUAL OPPORTUNITY EMPLOYER
•
Mr. Pat Pfeffer
Minnewashta Manor Shoreowners' Association
Page Two
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' If you have any questions regarding this matter, please contact Area
Hydrologist Mike Mueller at 296 -7523.
Sincerely,
Ger�
' Kent Lokkesmoe
Assistant Director
Enclosure
cc: USCOE
1 Carver SWCD
City of Chanhassen
Minnehaha Creek WSD
J. Parker, AWM
B. Gilbertson, AFM
J. Fax, St. Paul Waters
Lake Minnewashta (10 -9) file
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To Minnewashta Manor Home Owners' Association, Inc., Members:
Here are some items that should be of interest to all members: ,
1- Gloria Corpian tells us that our annual picnic is scheduled
for Saturday, August 27, 1983. More details will be given
you as they are finalized.
2- We have been advised that the tax base on lot 11 has been
reduced from $5500.00 to $1500.00 (resale value). Taxes are
calculated at 40% of resale times the current mill rate of
107.564. 1982 taxes were $236.66, 1983 should be about $64.00.
3- We are continuing our inquiry with the DNR for restoring lot 11.
So far it doesn't look very favorable. Thr insist, so far at
least, that the cause of the trouble be eliminated before restor-
ation be considered. WE NEED TO HAVE LOT 11 SURVEYED to estab-
lish
just where the boundaries are. There is a $300.00 contri-
bution on hand, also several hundred dollars in our treasury.
We need a few more dollars from the members to get the job done!
PLEASE - let's have some input from the membership and get this
job done and behind us.
.-- 4 - We have been successful in getting some much needed help from
the good people at City Hall in Chanhassen. Minnewashta Ave.
(now Sandpiper Trail) has been set aside for our exclusive use
as lake access in exchange for our work of filling up the holes
and keeping it clean and orderly. We will have a letter next
week setting down the exact details, which appear to be this:
We may clean up the docking area, that is, manually remove the
floating cattails and aquatic grass, weeds, etc., in the dock-
ing area.. WE NEED HELP! Lt Howard Schmidt and /or Art Kimber
know who can be called on to do this job.
We may not, and PLEASE DON'T leave your boats on the roadway'.
We are allowed only 10 docking spaces at the dock (5 each side).
From past experience this should handle our needs - -only one
boat per family, and rotate time if we have to.
5 - This arrangement with the city is only temporary! They may
choose to pursue vacating procedures -- replot the area southeast
of Sandpiper Trail and change Minnewashta Avenue - -who knows? -
It could happen any time - -a year, 10 years, never! Who knows?
The city is going to do some work on a storm sewer, drain, what
ever it takes to keep the rainwater flowing down Tanagers Lane
.from flooding Pfeffer's house and garage. Pfeffers may need
some help in relocating or disposing of their stuff now in the
roadway. When the final word on the clearing of Minnewashta Ave.
is received, perhaps we can be of some help; to them in cleaning
it up. From then on it's our job.
In closing, we all lost a very good friend and neighbor when
God called Loretta Miller home. Our heartfelt sympathy to
her family goes with this note - -and our door is always open.
Come visit us whenever the days get long.
Sincerely, ,
Art and Ronnie Kimber
July 13, 1983 '
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1 DATE: July 13, 1983
TO: The Members of Minnewashta Home Ovmers' Association, Inc.
1 Attached are the revised by -laws for your association.
They are the rules by which we operate our association,
I please refer to them whenever there is a question about
conducting the business of our associa tion.
There are a few articles that we should note carefully:
I Your officers are elected for one year only.
Your committee chairpersons are appointed by the
president, subject to the approval. of the Board
I of Directors. These chairpersons also serve only
one year; they may, however, be reappointed by the
incoming president and approved by the incoming
I Board of Directors.
One year's officers are not authorized or privileged
to extend the term of office of any chairperson, nor
I their responsibilities for a period longer than one
year.
I If we find that we need new direction for our efforts in
conducting the business of our association that cannot be
handled by the present by -laws; refer to Article XI,
Section 1. Follow the directions set forth there to revise,
1 delete, or introduce new articles.
These by -laws are on file at the Carver County Recorder's
1 Office, Carver County Courthouse, Chaska, Minnesota
1
ART KIMBER
" • ` ,, f ti ` J ,� - / L L tic L '
I _ : - ,, c `l t < - . L ?t tom. U Z L� L C �
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r
7h.414 .i4 the debut i44ue o4 Rlinnewa4h to Rlanat -i4m4.
Thanks to Torn. Schoeneck.et Apt the name!
II
October 1, 1983
Meeting .dot Election Set Sutveu Re4u.Ut II
Th.e, e will be a meeting Ptopo4ition R: (abandon the tot) 2
At the pw po4e °A e.LecWLg ,Ptopo4ition B: ((.Lght DU). . . 4 1
1984 O#4. eA4 OA the Ramat Ptopa4.tUon Other: 21
Komeowrte4' R44'n art Octobe.t
17, 1983, 7:30 p.m. a.t.the Ptopo4-cti.on Othet, wa4, in e1{.ect, I
Ximbet'4 h.ou4e. PLea4e a "m.tddCe -oA- .the -toad" po4ition which
matk y.aut caLendat and 4a.id, "Let', accept the ci ty'4 o f e.t OA
pica on being .the. te! the u4e oA Rlinnewa4h to Ruenue, Aix it II up, and .Let it go at that".
Beauti4.i.ca.tion P>LOiect4
II
!laminat in.g Committee Ain 4he4
watk 5A out Tad.L weathe.t hold4, athete
ate two ptoiect4 we coati/ do .in, the
Tarty, thank to &U. X n.e i.ghbath.00d. Th.O4e ate: planting
II
Ruth Schm ioit and Xathy. Hawley. Aot 4htub4 by out manor 44114 and cteating 04 the nom.ina.t in.g com- !l innewa4hta Ruenue. (btct4h., weed4, etc).
m i,#.tee -thi4 y.eat. The 44 ante a4. Ray.one .tn te.teoated in hee.Lping out II cand-idaI e4 .�O t o {..i c e ate: on e.i,the,t. ot both o A the4e wa tk, pLan4,
Pte4 i den.t. e Hack ��4e Wu the Ri,etke'4. Toad and
Vice-Pte4. . . � l7I-i.elke wotketo ?) wil,L �ad.low At all
SectetatL. . . .Canal Kagbeng II
7tea4utet. . . .truth .)c/ milt.
D-itect o t . . . . LOS Co ede !hint -(7ano t -.c4m4
II
Accotding to ou4 by -daw4, Pau/. Schwnachet 44 home a'.ten two
"additional nomination4 nomination may. be week at the ho4p.i tal and 4utgetg on h 4
made tom the ALoot ptov.ide.d that tight ?oast o .teJi a t .tangled with the dawn II
the con4ez L oA the pe74on4 n.om.in.- mawe.t one evening in Septemdret. He ha4 a
ated ha4 been obtained". 4pecial /Li,g on hi o Pot which enabte4 hint
to walk and get around white h 4 toe4 '
Tho4e et t:g4174e to vote wilt continue to heal.
be menbezo in good 4-tanding who
have paid 1983 dues by. the date * * * *
o.4 the meeting. Would an/.one be .in to tedated in attend-
tag meet.ingo oA the Minnetonka School Boatd
and keeping the !knot adv.Lie.d oA pett,in.en.t 1
4412e4? ;Jackie fl e.Lke ha4 4.4ted to tity.
The Ca4e oA the Ri 4ing 7acknite and keep Mack ol. Chanha44en Planning and
City. happen. /Lg4. Mote than one pet4on could
La4-t 4een at the /knot picnic be involved and attendance at mee t ing4 cau/d/
cutting the 4 4img4 with the Lai- be 4hated. Plea4e call. pate LA th .4
d.oart4 on the en.d4 oAA the k.i.d4' a a.ead4 to ou.
ankle o. Rny.one who can help 4o ue p� g ***it,
the ca4e, pLea4e caLL Stew Petet4on. 1Ieighbothood flew4? Cad.L 474 - 8379. II
PAGt /06 -- /c
Constitution and By - Laws of Minnewashta Manor Home Owners Association
1 Article I — Name
The name of this organization shall be Minnewashta Manor Home Owners
' Association, Inc.
Article II — Purpose
The purpose of this Association shall be to stimulate the interest of residents
of Minnewashta Manor, in community interests, health, safety and general
welfore of the residents in the area.
Article III — Policies
This Association shall be noncommercial, nonprofit, nonpolitical and non-
sectarian. The name of the Associatibnor its officers, in its or their official
capacities, shall not be used in any connection with a commercial or with a
political campaign.
Article IV -= Membership and Dues
' Section I. Membership in this Association shall be open to all property
owners who own land or reside in the plat of Minnewashta Manor.
' Section 2. An eligible property owner may become a member of this Associ—
ation upon remittance of an initiation fee of Twenty Dollars ($20.00) plus the
pro rata share of the cost of all improvements to real estate owned by the
Association assessed against the eligible owners property and unpaid and
annual dues of fifteen dollars ($15.00).
Section 3. The fiscal year of the Association shall be the same as the calen-
dar year.
Article V — Officers and Directors
1 Section 1. The officers of the Association shall be a President, a Vice
President, a secretary and a Treasurer. There shall be one additional director,
a preceding board officer, elected by the membership at an annual election.
Section 2. These officers and directors shall constitute the Board of Directors
which shall manage all the business of this Association. Officers and directors
shall be members of the Association and shall serve without compensation.
Section 3. Three or more members of the Board of Directors present and voting
at a meeting shall constitute a quorum.
1 (1)
1
1
/U6
Article VI - Duties of Officers and Directors
Section 1. The President shall (a) preside at meetings of the Association and of the
Board of Directors; (b) appoint all committee chairmen subject to the approval of
the Board of Directors; (c) be an ex- officio member of all committees.
Section 2. The Vice President shall act as an aide to the President and in the absence of the 1
President, shall perform all the duties of that office.
Section 3. The Secretary shall keep an accurate record of all meetings of the Associ- 1
ation and Board of Directors; he shall give proper notice of meetings to members and
directors; and shall perform such other duties as may be deligated to him by the
1 Board of Directors.
Section 4. The Treasurer shall keep an accurate account of all monies of the Association
received and disbursed. He shall deposit all monies, drafts and checks in the name of the
Association in such banks and depositories as a majority_ of the Board of Directors
shall designate from time to time. He shall have power to endorse all notes, checks and
drafts received by the Association. He shall disburse the funds of the Association only
as ordered by the Board of Directors, and all checks must be countersigned by at least one
other duly - elected officer of the Association. He shall render to the President and Directors,
whenever required, and also at the annual meeting, an account of all transactions as
Treasurer and of the financial condition of the Association. An audit shall be made at the
end of each fiscal year of the Treasurer's report.
Section 5. The Board of Directors shall not contract any corporate liability for more than 1
three hundred dollars ($300.00) without first calling a meeting of the membership and
receiving approval of two- thirds of the membership in writing.
Article VII - Meetings
Section 1. Meeting of the membership will be held bi- annually or at the call of the
Board of Directors.
Section 2. One meeting for the purpose of electing officers and a Director will be held in
October. A second meeting for the purpose of handling general business will be held in
January. Time, date and place to be determined by the appropriate presiding board of
Directors.
Section 3. The Board of Directors shall meet from time to time, and at such time and place
as may be determined by a majority of its members, provided that a minimum of four
meetings is held each year. Special meetings of the Board of Directors may be called by the
President or by any two directors. Notice of such special meetings shall be given by the
secretary to each director at least twentyfour (24) hours in advance by mail, telegraph,
telephone or in person.
(2) 1
1
/
1
1 Article VIII - Committees
Sectionl. Standing committees shall be Civic (schools, township planning, roads etc.),
I Finance, Membership (telephone), and recreation (boat slip and playground area). Special
committees may be named from time to time as seems necessary in the opinion of the
Board of Directors.
1 Section 2. All chairmen of standing committees shall be members of the Board of Directors
and shall present plans for the approval of that Board.
1 Section 3. Chairmen of standing committees can appoint committee members from the
membership.
1 Article IX - Nominations and Elections
Sectionl. The terms of the officers of this Association shall be for one (1) year. Elected members
I of the Board of Directors shall s erve for a one year term. All officers and elected members
of the Board of Directors shall assume the responsibilities of their offices on January 1,
following their election.
1 Section 2. A Nominating Committee of not more than five (5) members shall be named
by the Board of Directors at least thirty (30) days before the annual election meeting. It shall
be the duty of this committee to submit the name of one candidate whose consent has been
1 obtained for each office to be filled. Additional nominations may be made from the floor
provided that the consent of the person nominated has been obtained. Public notice of the
election meeting and report of the Nominating Committee shall be given not less than
I fifteen (15) days prior to the date of the meeting.
Section 3. All those who are members in good standing on the date of the official
publication of notice of meeting shall be entitled to vote at the election meeting. a Plurality
I of those present and voting shall constitute an election.
Section 4. In the event of but one (1) nominee, it shall be in order to instruct the Secretary
1 to cast the elective ballot.
Article X - Resignations and Vacancies
1 Section 1. The resignation of any member of the Board of Directors shall be submitted in
writing to the President and shall take effect when accepted by the Board of Directors.
1 Section 2. The Board of Directors shall fill all vacancies in officer and director positions
of the Association occuring between elections by a majority vote of the remaining members
of the Board, such appointment to remain in effect until the next annual meeting when an
I election will be held. Vacancies shall be filled within thirty (30) days or before the next
meeting of the Board.
1 (3)
1
1
1 foe5
1
Article XI - Amendments
Section 1. These By -Laws may be amended at any meeting of the membership by two - thirds
of the members in writing provided that written notice of the proposed amendments has been
given to the members at least fifteen (15) days prior to the date of the meeting at which the
amendments are to be considered.
Article XII
Roberts Rules of Order Revised shall govern the conduct of corporate affairs where no
specific provision has been made in these By -Laws.
APPROVED BY THE MEMBERSHIP '
May, 1983
Alan Tollefson - Sec ary
1/44'is /2■ 4( 3 I r 11;
1
1
(4)
1
1
/0.9 1
1
March 8, 1993
TN Your vote on the extension of TAI• "HOA membershis
In reply to the question about accepting non - resident or nor -
property owners for membershi,_ into ? "innewashta Manor Home
Owners', Inc..
1 It would seem to me that there are some very important
questions that must be answered before we can vote yes or no
' on that question. rirst, we must consider the Articles of
Incorporation (granted March 18, 1961):
Article 1- -Name: Minnewashta Manor Home Owners, Inc.
Article 2. The purpose of this corporation shall be to
stimulate the interest of the residents of
Minnewashta Manor in community health,safety
and the general welfare of the residents in
the area, and do all things reasonably
1 necessary to fulfill its porpose, including
but limited to the power to lease, pur-
chase, hold and improve real estate.
' tic 1e 3- -This corporation shall not afford pecuniary
gain, incidentally or otherwise, to its members.
rt; c le 4--The period of duration of corporate existence:
Corporation shall be perpetual.
The corporation shall be a nonprofit corporation,
' pursuant to the provision of Chapter 317 of
71innesota Statutes.
Members shall no be personally liable for
corporate obligations.
' There shall be no capital stool in this
corporation.
'
Article 5 -- Membership and dues
Section 1: Membersnip in this association shall
be open to all property owners who own land or
reside in the platted area of Minnewashta Manor
' (one may choose toy belong or not).
believe that inasmuch as they do not meet the require-
ment (the section west of the Manor is now shown in Survey #10
as Tract A, also the land belonging to Arnie and Mrs. Neumann
is in another development called Manor Park. Residents of both
areas could have a conflict of interest with the residents of
1 the Fian or .
1
1
1
I assume they could be given an associate membership (social)
and not be obligated financially, to the Manor, as we in the
Manor would not be obligated to help in the development of
their area.
The$ membership world be strictly nor-voting, a social member -
ship.
As of this date (;larch 1, 19F31) the records have been searched 1
by the Carver County Bureau of Records and we found a verifica-
tion of these facts:
The property at 2841 Sandpiper Trail and 2831 Sandpiper 1
Trail was developed under the Plat of Minnewashta Park Addition,
and the property of 2961, 2941 and 2971 Washta Bay Road is
listed under Survey #10. Tract A. There is no evidence that it
has ever been added to the plat of Minnewashta Manor (See
D umen #3239, Certificate 1973, Book 7, Page 143, dated
13th of March, 1947.) J 1
They are not owners of property in or residents of Minnewashta
F.anor so do not qualif. for memtership membe_ ship in our Homeowners'
Association. Furthermore, there is, inasmuch as they are
undeveloped, a question of 'conflict of interest' (Boat dock
cost and maintenance, maintenance of Minnewashta Avenue for
lake access, furnish them with dock space (not enough now for
eligible rEembers living in the Manor) allowing people living
outside the Yanor tc have a voice in propositions requirin a
2/3 majority vote, pro or con, any issue.. 1
\hen they developed the Minnewashta Woods addition, th
reoT:le of the Manor considered this same proposition, fte
_ and after
careful consideration voted against i
g it, am_nly because we would
lose control of our Homeowners' Association.
One or two items that must be noted: Expenditures over 00.0C 1
and changes in the By-Laws:
The officers and committee members are not authorized to
act independently of the members in gcopd standing.
,The merLbers must be polled for their decis_o_.s, twb thirds
of themembers must either pprove or disapprove the matter to make
it so ,
One last item: on or about October 1, 1983, the proposition of
vacating Minnewashta Avenue was presented to the association.
We voted on three propositions:
170 lot (2 votes)
2- -take legal action against the D!TP (this required 1800.00
in advance for court costs (4 votes), and,
3--accept a middle of the road position and accept the
city's offer of the use of Minnewashta Avenue as our
lake access, fix it up and let it go at that (27 votes).
That same proposition is being extended now. We should be
receiving a letter tc that effect within a few days: The City
Fanning Commission said they could not guarantee the commissioner's
division of property if the road was vacated.
1
II
Z 6
1
MR. PETERSON,
REGARDING YOUR QUESTION CONCERNING MY OPPOSITION TO AN
ADDITIONAL SECTION OF DOCK BEING ATTACHED TO THE EXISTING
HOMEOWNERS DOCK IN THE NORTHERLY DIRECTION, I SHOULD LIKE TO
STATE MY OPPOSITION.
' THE ADDITION OF ANOTHER DOCK SECTION WILL BE VERY APPARENT
TO MY VIEW FROM MY DECK WHERE CONSIDERABLE TIME IS SPENT
DURING THE SUMMER. OBVIOUSLY THIS WILL IMPOSE A CONSIDERABLE
' EYESORE.
LOGICALLY HAD NOT I AND OTHER CHANNEL SHORE MEMBERS SPENT
APPROXIMATELY $25000 TO DREDGE THE CHANNEL AND IMPROVE THE
DEPTH YOUR ORGANIZATION WOULD NOT CONSIDER THE ADDITION OF
ANOTHER DOCK SECTION.
IN OTHER WORDS IMPROVING THE CHANNEL IN FRONT OF MY
PROPERTY WILL HAVE A NET RESULT OF AN OVERALL DETRIMENT TO
MYSELF AND FAMILY, THIS IS NOT RIGHT IN MY OPINION.
I HAVE NO OPPOSITION TO IMPROVING THE EXISTING DOCK SINCE
IT IS CURRENTLY A HAZARD TO ANYONE WHO USES IT, BUT I AM
OPPOSED TO ANY ADDITIONAL DOCK AREA. WHEN THE WATER LEVEL
REACHES ITS NORMAL HEIGHT THE ORGINAL DOCK LOCATION WILL
ALLOW ADAQUATE DOCKAGE AREA.
SINCERELY,
' HERB PFEFFER
11
1
1
Dear Herb & Pat,
Stew Peterson and I were discussing the dock drawings that I had '
done for the Homeowners Association of which you and I are members.
It was brought to my attention that you objected to the extension
on the proposed dock. '
I think you and we share a lot of common conditions. We've got
the easement that many people believe to be public, and it's not. ,
We also have to watch everyone to the east of us drive their boats
in and out of the channel at (now) fairly close range. However, that
is part of lake living and weknew that (or mostly understood that)
when we moved in16 years ago.
The Homeowners Association does own a piece of property there and
does have a road to it. And I agree that fixing the present dock is necessary,
but I don't agree that the extension will be that obvious and it is, ,
in fact, necessary at this time.
The Homeowners could not participate in the dredging because the DNR
would not allow it. (Which frankly does not make any sense at all)
We've got some complaints here and as you know it cost us too.
But let's remember that we're a community and there must be some give -
and -take.
At any rate, the extension won't even come over to your property line.
It will blend in quite well I'm sure. The Homeowners will be cleaning
up the road -way which will affect you directly because you have things '
stored there but it will look better for everyone concerned.
When the water does come up, if the dock has been a real 'eyesore ", '
I'm sure the Homeowners would oblige you and remove that extension.
I must take this opportunity however, to disagree with what you said
about this extension being a "considerable eyesore and a detriment "...
I think that is truly a bit of a stretch.
Your Sincerely,
an Tollefson
11
1
1
READY MIX BITUMINOUS - PAVING - MILLING - RECYCLE YARDS
- i
NAPA I DW EST 1114:•, , �„
�� r��.. SPHALT
EDEN PRAIRIE 937.8034 RPORATION NEV 1400 I OId H N ay 83707
6350 Industrial Drive
I OFFICE 937 -8033
BOX 5477 — HOPKINS, MINNESOTA
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II
2820 Tanagers Lane
Excelsior, T. 55331 II
June 25, 1993
" nf -ssen 1
A_Itentnion: City Senior - Planner, Kate Aanenson
Good afternoon, Kate: II
About one week has passed since the Planning Commission
r and I have had comments from the neighbors II
in the anor.
Thanks very much for your help and the action by the Planning 1
co=ission for our plea on the nonconforming beach lot for Minne-
washta T: Home Owners' Assiciation, Inc.
There 5ee:7.ed to be soTr.e d'scussicn within the 7.1 1
-- e--:'_E - 7or me7fo.ers about t.' condition of 7 .ot 11, - Plock 3, in 1981.
:Y_: Hca r Asscciation, for 2 intents and yur-
', - ,1 - : , =.71 ±t and paid taxes on it. We ha-1 docking srace for II
(-...) 1: Tt wasn't until 19 Pnd 7 98 7 that we 'riad it
- `id thet it \:as under 'qate The enclosed letter
s.... - i-. - ,n,-, 'ax Assesscr, tell s the story.
II
(the rroyerty cwners on the channel) agar.
cl;t the chan..el, up to iot 11, Block 3, again distl;rtin
in. o: r' t -= cau-ing further erosion. 7rior ccuses II
ir the 1e of January 26, 1 98.
re':1y believe that the lack of sorne action ty Lill 1:c1
1
- - -- -' '.'-r- :c- - -iar- , 14 - cr in a sense contribsuter'.
er-sion of lo+ 11, - lock 3, and the platted roa
T "aSSI1M tat i "water over the H2.7",
1
n 1: thanl agair.! Yc have been +he only one who
h=,- givcn the 1.sscciation any help in the past ten (1C) years.
II
Sincerely,
II
Art "'Amber
II
1
1
•
• , .- _-, 1
1
1
II 2820 Tanagers Lane
Excelsior, IT 55331
January 26, 1984
1 .
'2arver County max Assessor
II Garver County Uourthouse
Chaska, I~'
_Pear Jr. , , Zintner,
yhi8 letter will confirm my discussion with y ou relative to the
tax problem being experienced by the residents of Minnewashta
II Manor, Carver County, I-4innesota.
f96I
In IOX,, July 10th, a certificate of title, #4856, was issued to
II Yin_newas.hta I:anor tome Owners' Association, a non- profit T:_n_ ^e-
s o to o or'porat .o-i, for lot 11, block 3, Cari er County (ir newa "ita
o ! r this n \
'�. -.r_cr ✓ �'iiines_ >t.�. .�embe� ship in t.i�s association wa.s (i: ; en
to all trcnerty owners who own land cr reside in the platted area
1 of the ianor. An initiation fee plus annual dues were (are)
required for membership. Not all property owners were, or are,
me lhers of the ;cmerwner:i' Association, non members are not
II el., E__ble fc.r votint, i riTLleges r1.or Lake eccdss by way of lot 11,
'clerk 3. .",embers may resign from the Home Owners' association
by h i itti.ne a letter to the officers frr acce j
II I becaTe a .me ber in 1966 and inspected the area where lot 11 was
supr_ee •d te be located. There seemed to be a difference in the
boat i: of t1 e 1 _ke shore line, and flinnewc,s} t a Avenue shown on
II the plat and the physical location when measured from the neigh-
bors' fence line. I mentioned thes fact to a neighbor who we a
realter and tt,_.s told to forget it, it didn't mean anything. mhe
' man from weom T purchased my home was also a real estate salesman
and cr_e of the incorporators of Minnewashta Manor Home Owners'
^ sS at; Ur
II I•;inliewaehta Avenue was a jungle, overgrown with brush and trees
and it appeared to be unused, i.e., abandoned. I had no intention
of using it as a lake access but continued my membership hoping
l it miet be a benefit if I sold my home. Time passed until 1969
without any further contact with the area. When I again visited
it I discovered that a landlocked swamp on some property adjacent
I to Minnewashta Avenue had been trenched to a culvert passing under
a private r?dway from which it drained down the side of the road-
way into Lake Minnewashta, causing severe erosion to the road.
II The Home Owners' Association drafted a petition to the City Council
of Chanhassen asking for assistance in correcting the problem and
relievin7 the further isolation of lot 11. To the best of my knowl
II ledge the Home Owners' Association was never given the courtesy of
a reply to the Petition, in any event nothing was ever done about
the problem. The land value and assessed taxes were minimal, the
II succeeding officdrs showed no interest in pursuing the fact that
lot 11 was not accessible from Minaewashta Avenue and, in fact, the
Hone Owners' Association was not getting any benefit from the lot.
II
. 1
Page 2, to Craig Zintner 1
The few residents entering the lake were entering from Minnewashta
Avenue, a platted public road which was available to anyone that
chose to use it.
in 1982 the resale value shown on our tax value notice showed an
increase from $1100.00 to $7400.00 with a tax of $266.36 due. A
committee from the Home Owners' Association protested the increase
to the City of Chanhassen. They pointed out that lot 11, block 5
was under water and not available for recreational purposes and
lake access, and should not be taxed. They were denied any adjust-
ment. A lot committee was formed to pursue an investigation of the
facts. One of the members was the owner of lot 10, block 3, and a
new home thereon. She complained about the traffic on Minnewashta
Avenue which prompted a visit to Chanhassen City Hall. Mr. Bob
Weibel, City Planner, suggested we petition the city to vacate
;innewashta Avenue and wori: out an agreement with the home owners
adjacent to the road for acquisition of their portion of the road,
as a lake access and recreational area. He seemed sure t4at the
council would act favorably on the vacating procedure.
Nee officer. were elected for the Home Cwners' Association in Faroh,
193. be ^a:ie president and resolved to get to the bottom et the 1
roe: tro T Abcut lot 11, block 3. Mr. Fob Weibel was again con -
„ac- ec . We re': e\:ted the plat of V. nnew:.shta Manor, the survey for
J.he sanitary se',ier and an aerial curve- of the Manor in an effort
to learn jast were lot 11 was located. The maps were scaled, and
it showed lot 11 was approximately 65 feet from the center of the
sewer inspection cover at the lake end of Minnewashta Avenue. A
Physical inspection and measurement were made, verifying that
to l 11 wa.:_; def_nitely out in the lake with no attachment whatever
to the o
!e abandoned our pursuit of a vacating procedure for Minnewashta
venue since we had no property adjacent to the road, therefore no
claim to any part of the road. Our next step was a petition to the
City of Chanhassen for help in restoring lot 11. We also filed a
reouest with the - ; ?;R to fill, with rock and sand, an area in the
lake where lot 11 is located. By this date the new tax notices for
1983 were in our hands; we protested the amount which was shown, 1
believe, to be ;;5400.00.
Lana _Larson, with the assessor's office, was contacted; we explainee 1
our problem: to her only to learn she already knew the whole story
stating she had reviewed the problem in 1982 with a surveyor who
cor_iirrred that lot 11 did not exist except as the bottom of a part
of Lake i%.;_nnewashta. We also reviewed the tax being paid on every
hence owner's property for lake access. Lana informed uo that the
to . wa_2 based on la! our home lot value which would average
_O of :i.25,0013.02 or 82,500.Ou now- -l1_c City of Chanhassen h..:s
te e };ten even a reply to our petition for help. The Dl-j? has rE,1,; se:.
allow us to reclaim the lot we paid taxes on for 21 ye u's Tne
effort of your office to est= ablish a t<..;: exempt statusfor lo"„ 1� '
on the ,axis that it is public property was rejected by the state
oec :.u:, o2 some variance with the form la.
1
Pat,-; 3, to Craig Zintner
We have also paid taxes on our home property for lake access by
way of lot 11, block 3, which does not exist. A survey of lot 11,
block 3, was made by Schoell & Nadson, Inc., Hopkins, MN. on
. 2, 1983, which shows that not only is lot 11 under water,
the roadway 60 feet of Minnewashta Avenue is also totally under
water. A copy of this latest survey is on file at the Carver Col'nty
7ecarder's Office in Chaska, MN.
The City of Chanhassen installed a catch basin at the foot of
Tanagers Lane adjacent to the Pfeffer property, lot 10, block 3,
from which they ran a 10" or 12" steel culvert which empties direct-
ly onto Minnewashta Avenue. The roadway was trenched down to the
lake, there is no rock and sand fill to level the road and filter
1 the storm water going into the lake nor is there any way to stop
the water from eroding the roadway and washing the eroded soil
into Lake r;innewashta. The City of Chanhassen has abandoned
r ,innewashta Avenue, but no legal procedure has been initiated to
vacate it; therefore, it remains unmaintained public property.
I Manor property owners should not be required `to pay
' sJecial property tax on this roadway since a tax for platted roads
is in the regular tax for highways. Minnewashta Manor residents are
being double taxed.
1 T c..;?! n; longer a member of the Minnewashta Manor Home Owners'
is;.•cc at :n. A formal letter of resignation was given to the
' off_c o' the association in December, 1983. ',ith my resigna-
tion forfeit my right to lot 11, block 3 (which is not accessible)
as a ]a r- recreaticx and access area and reoucst my real estate
taxes on my residence located at 2820 Tanagers Lane, Excelsior,
55331, ; (south east part of lots 5 and 6, block 1,
•inne, asnta ;'anor, Carver County, MN., be adjusted accordingly,
' Sincerely yours,
%?2
'
Arthur Kimber
<820 Tanagers Lane
Excelsior, 55331, MY
0 574-
` ).12.a-z -he * G' /gel e 3 O. °'17
7 1 - P aoo. CU
B
1
1
1
II
CHANHASSEN PLANNING COMMISSION 11 REGULAR MEETING
JUNE 16, 1993
Chairman Batzli called the meeting to order at 7 :40 p.m.
II
MEMBERS PRESENT: Joe Scott, Nancy Mancino, Matt Ledvina, Brian Batzli and
Diane Harberts
II
MEMBERS ABSENT: Ladd Conrad and Jeff Farmakes
STAFF PRESENT: Jo Aran Olsen, Senior Planner; Kate Aanenson, Senior
II
Planner; Sharrnin Al -Jaff, Planner I; Dave Hempel, Asst. City Engineer; and
Roger Knutson, City Attorney
II
PUBLIC HEARING:
NON- CONFORMING USE PERMIT FOR MINNEWASHTA MANOR HOMEOWNERS ASSOCIATION
RECREATIONAL BEACHLOT. THE PERMIT SHALL DESCRIBE THE NATURE AND EXTENT OF II
THE USE ALLOWED.
Public Present:
II
Name Address
James Sen4t 2820 Washta Bay Road 1
Stew Peterson 2810 Tanagers Lane
Arnie, Anne & Mike Weimerskirch 2831 Sandpiper Trail II Arthur Kimber 2820 Tanagers Lane
Torn Schoe - ne,: ker 2820 Sandpiper Trail
Herb Pfeffer 2850 Tanagers Lane
Kate Aanenson presented the staff report on this item. II
Batzli: So are you recommending any particular course of action regarding 11
the vacation?
Aanenson: Well the city would like to see the street vacated because we
II
think it cleans up a problem but we're not sure. It may create another
problem with the Association, as I pointed out, narrowing down their
frontage and who would get control and does it create an even more non-
conforming situation and causing the dock to go, if Mr. Pfeffer gets more
property. Even go further over into his property causing an inconvenience
or a nuisance to him.
II
Batzli: Let me ask our City Attorney, if I can. When the City vacates
property like that, do we have any control at all or any input into the II decision as to who it's vacated to?
Knutson: None.
Batzli: None? II
Knutson: I assume we have, is that e platted street?
II
Aanenson: Yes.
II
II
Planning Commission Meeting
1 June 16, 1993 - Page 2
Knutson: An easement is a right to use for a specific purpose. In this
I case a street and utility. When we vacate, we give up our right to use it
anymore. We don't decide who owns it...
I Batzli: So we merely have an easement. We don't have the, we don't own
the.
Mancino: So what happens?
I
Knutson: That's something the City does not decide. Generally speaking
the rule is, it's divides in half. One half going one direction, one half
I going the other direction. There are exceptions to that rule that people
litigate over at length. Usually I always advise my clients to stay out of
that battle. We don't have the authority to decide it. We can't do it.
II Scott: This is not like a reservation that's for a specific purpose such
as lake access. Rather something that the City can choose to use for those
purposes that you mentioned, or give it up.
II Knutson: They've always owned it. We just had a right to use it for a
specific purpose. My suggestion is that, what you're supposed to be doing
I as I understand it, in this process, is determining the level of use in
1981. Just focus on that and forget about the vacation issue. If the City
wants to vacate it, the City has to go through a public hearing process for
that vacation and it will be held then. If you just deal with the one
II issue. What was there in '81. What are their non - conforming use rights.
Batzli: Okay, thank you. Would the applicant like to address the
II Commission? Is there someone who will speak for the applicant? If you can
come forward to the microphone please and give us your name and address.
II Tom Schoenecker: Commission, gentlemen, ladies. My name is
Tom Schoenecker. I'm from 2820 Sandpiper Trail in Minnewashta Manor
subdivision. And I've kind of been involved in this for quite a number of
years. When I first bought that property about 17 years ago I was sold the
II property with the idea that we had this beautiful lake outlot, etc. and
when I finally found out it was underwater, and it's been underwater for
years. And so we had been looking for a way of using this for a long time.
I And I've kind of instigated trying to get this thing vacated but since
doing that I've been informed that it has to go through a court and the
judge may decide not in our favor. We may lose everything we have and not
I even have any right to the lake so I think at this time maybe we should
just request this non - conforming outlot use or whatever we call it. The
latest request that Herb sent, or that Art Kimber sent in requested these 5
spaces on the dock and the request here mentions that the seasonal dock is
I 30 foot long. It's really 40 foot long and it has an L shape in it. The
L turns toward Herb's property but it does give us access to the deeper
portion of the water.
II Batzli: Does it extend 30 feet and then you're counting the last section
as 40?
I Tom Schoenecker: Could I ask somebody else that question? I guess it's 40
feet and then it turns right 20 feet. So 40 feet out into the water and
11
1
Planning Commission Meeting
June 16, 1993 - Page 3
then it turns right 20 feet. And it does give us access to the lake. We
don't have everybody in the Minnewashta Manor Homeowners Association
doesn't use it but we have on an average of 4 to 5 people that do use the
lake and it varies from year to year. We would like to maintain that lot
and continue to use it as a recreational outlot for the Minnewashta Manor II
Homeowners Association.
Batzli: You've been there for a number of years. '
Tom Schoenecker: About 17.
Batzli: Has this use been consistent since '81? 1
Tom Schoenecker: Yes. In fact is the dock at one time was longer. The
first dock that was put in there was put in by, it was about 60 feet long. II
It was about 60 feet long I guess when it first went in and•then over a
period of years it started to kind of deteriorate so about 5 years ago I
believe it was, we rebuilt it. And it's been consistently used as a, right
now we've oot a bench for sitting on it so people can go down there on
their walks and just sit on the dock and stuff like that and then they've
been using it for boats. Just strictly fishing boats.
Batzli: And you've requested 5 on the dock and 5 on land but you've
indicated that only 4 or 5 homeowners use it. Are you asking for
additional spots than what it's currently being used for?
Tom Schoenecker: No, I don't believe we've ever had that many boats down
there. I think 5 on a dock would be sufficient.
Herb: {2 homeowners that have the right to access. Not all of them have
boats.
Batzli: I'm sorry, who's speaking? ,
Tom Schoenecker: Herb, do you want to talk Herb?
Batzli: Yeah, if you want to come up to the microphone and give us your
name and address so we know who's addressing us?
Art Kimber: In 1981 we had a dock that was straight out. And then when
they dredged the channel last year...out lot extended westward to where our
dock is now. And they declared that the lot we had originally was under
navigable water and after paying taxes on it for 47 years, we end up with II
nothing on anything. But the City did grant us permission to use
Minnewashta Avenue, or Sandpiper Trail it's now called, for access to the
lake. We were to keep the property clean and put a dock on the side of the 11
lot excactly in the ground that we're supposed to own. In checking that
just a couple of weeks ago, the records, the Bureau of Records at Carver
still show that we own the lot, even though it's under water. '
Batzli: Do you remember how many boats there were in '81?
Art Kimber: It was 5 and 5. '
1
1
Planning Commission Meeting
June 16, 1993 - Page 4
1 Batzli: 5 on the dock and 5 on land?
Art Kimber: That's according to the records I've got. I've lived over
there since 1965.
Scott: So in the Minutes, I think it was July 13, 1983 when you talk about
the 5 and 5. Basically what you're saying is that's.
1 Art Kimber: I don't think there was any change in the number.
Scott: Since 1981 because that's the only documentation that I think the
Planning Commission has seen.
Art Kimber: You'll have to talk louder sir, I'm hard of hearing.
' Scott: Oh, okay. So that would be consistent use from 1981, which is kind
of our benchmark that we use, to the Minutes. I think they may be your
' first Association Minutes in 1983 where it talked about 5 on the dock and,
okay. Thank you.
1 Batzli: Thank you. Is there anyone else that would like to address the
Commission?
Herb Pfeffer: My name is Herb Pfeffer and I live at 2050 Tanager Lane.
I'm in Lct 10. I've lived there for 17 years and may I use the highlighter
there? ..The best of my knowledge, and I just had my lot surveyed 2 years
ago. This is drawn accurate and if you compare it to a plat map, there's a
' world of difference. As the plat map shows, the high water mark.
Batzli: You're going to have to point out to us what we're looking at
' there. Can you point to the boundary of the lake and the road there.
Herb Pfeffer: ...line over here. The plat map shows that the water level
starts at this point. In actuality it starts at the high water mark. This
is current. So the dock, the Minnewashta Manor dock is not on Lot 11 but
it's on your property, the city property. Now the lake depth, let me start
out with I am opposed to the L section which was installed 3 years ago when
the water level was down and we dredged, we being people that own property
1
along the shore. We each paid about $3,000.00 to do that. The DNR would
not allow any more dredging to occur on non - riparian land which means
people that don't live on the lake. Therefore, Minnewashta Manor could not
1 have their property dredged. I have a letter from the DNR stating their
conditions. Non - riparian, one. Watershed, two. Wildlife, three.
Erosion, four blah, blah, blah. They go on and on. Anyway, the contention
II now is the deep water. I went out and measured the depth yesterday. This
is in inches...dock. 32 inches, just about 3 feet at the end of the dock.
27 inches at the end of the straight dock, which is 40 feet. 40 feet and
20 feet. That was the contention. So you can see that the dock is right
1
on my property. Now when it was installed, I can leave that up there.
When it was installed I was against it. I wrote letters stating my
opposition to the dock. My wife said, let it go. It might not be so bad.
I Well it is bad you know. Now, how we resolve the rest of the situation as
far as providing the roadway or what not, I don't know but I would like
1
Plannin g Commission Meeting
June 16, 1993 - Page 5
that northerly section, that 20 feet removed and let me, while I'm
discussing this, show you pictures of.
Batzli: Let me ask you this question. What we're here to decide is what
was the level of use in '81 and that some semblence of that kind of use
continues thru today. Were these pictures taken this year or have they
been taken, when were these taken?
Herb Pfeffer: They were taken about 3 months ago. 1
Batzli: Okay. So this shows what it was in the winter.
Herb Pfeffer: Yeah. In '81 that L section was not there. That L section I
was installed '88. Or '89. Okay. So basically what we've got right now
is a situation where there is adequate water. The water level goes up and II down. I mean if you looked at Lake Minnetonka 3 years ago, or in '89,
there were a lot of people that didn't have docks out. There were a lot of
boats that weren't used and they didn't build new docks. They weren't
allowed. So, you'll also note on that picture there's a couple of boats I
there. Back in '81, to the best of my recollection from the time I lived
there to currently, there's only about 2 or 3 boats in use. It's Mr.
Peterson's, occasionally a rowboat and occasionally a canoe. I've never
seen 10 boats there. Ever. Some of those boats becomes garbage. I've
hauled 2 av'a,'. tir . Kerber's hauled a couple away. It gets to be a boat
yard. So another thing they're requesting is storage of boats there. I'm
against that. I believe if a person's got a boat, when they're done using II
it at the end of the season, take it home. Put it in their own yard. Just
like I do. Just like anybody else does basically. Why leave it at a lake?
It may be alright on the other side of Lake Minnewashta where it's down
away from visibility but when it's next to somebody's house, it's not
right. The road. I'm also against public driving on the road. Years ago
I had a fella down there who was drunk. Drove down there. Backed up.
Drove over a 2 1/2 inch maple tree. Now I called the police. They
arre7,ted him but I was still out a maple tree. In the spring of the year
when the people use the roadway, it gets ruts. I'm the one that takes care
of the ruts. I kind of got fed up with that so I put in gravel. $300.00 II
worth of gravel. So what you see there now is my doing. I also planted
grass and tried to take care of the area just as if it were in the front of
my house. In other words, everybody has the same situation when you live
on a road. You don't own to the middle of the road as the Village Attorney
stated. You have an easement to it but you basically only own about 15,
the roadway is 60 feet and the road is usually 30 feet so there's about a
10 or 15 foot area that's owned by the city but you take care of it. You
seed it. You mow it. You plant shrubs there. You treat it as if it was
your property. Basically it isn't. I'm doing the same thing on the side.
They're requesting 30 feet of dockage. That should be changed because
they've currently got 65 feet. So that's erroneous. They also stipulate II
going out to navigable water. That's too ambiguous. Navigable water could
be wa> to the end of the channel at some point in time. You should go by '
the law to the property lines. I guess that's all I've got to say. Any
questions?
Batzli: We may have some later. Thank you. Is there anyone else that
would like to address the Commission? Yes sir.
1
II
Planning Commission Meeting
II June 16, 1993 - Page 6
I Arnold Weimerskirch: My name is Arnold Weimerskirch, and if you'll put the
map back on, I'll show you where. I'm Mrs. Newman's son -in -law. Mrs.
Newman lives on Lot 27 and I live on Lot 25. I've lived there for 30 years
and Mrs. Newman has lived on her lot for about 50 years. My interest, I
I guess what I'd like to see you do is allow the homeowners to use the
property, not really as a road right -of -way but as private property. Make
it look like it isn't a road. Let them use it. Let them maintain it. In
I the 30 years I've lived there, the use of that land has essentially not
changed. As Mr. Pfeffer said, the lake level does tend to go up and down.
That may impact the useage of the water a little bit but essentially in the
30 years I've lived there, the useage of that land has not changed, and for
II sure not since 1981. I guess my interest in being here tonight is to make
sure that that land, that property is well maintained. In the last couple
years there has been a tendency to use that property as a garbage dump. I
I don't know who's doing it but there is debris being deposited on what we
believe is Mrs. Newman's property. And it is Mrs. Newman's property.
Which is an irritant to say the least. So from my vantage point, the
I proper use of that land would be to let the homeowners use it essentially
as private property. Ask them to maintain it in a neat and orderly fashion
and let it go at that.
1 Mancino: Have they used motor, have they driven down this road?
Arnold Weimerskirch: There are occasionally cars on the road. Now there
II are trees planted in a way that it is conspicuously not a road. Earlier,
20 -30 years ago it looked like a road. The road that you see Minnewashta
Avenue there has ne,. been a road in the 30 years I've been there. Maybe
II 100 years ago it was but in the 30 years. But the stub of land down .to the
lake at one time looked like a road. It really doesn't anymore now. There
are trees planted, although there are occasionally cars trying to drive
down there. At least partially down there. And in the wintertime there
I are srowrr,>bi les driving on that property. Okay. Thank you.
Batzli: Thank you. Is there anyone else that would like to address the
1 Commission? Is there a motion to close the public hearing?
Ledvina: So moved.
II Mancino: Second.
Art Kimber: I had a comment. I had that survey made in '83 so we'd know
I where the road was. It was never defined in all the years I lived there.
And that's when we discovered the roadway, part of the roadway and Lot 11
was under water. They determined that Lot 11 was on navigable water and
I that was the reason it was. I've got a survey here from a certified survey
done and according to that...not to go beyond these limits...I believe the
homeowners, if it's proven that the dock is on Mr. Pfeffer's land, will
move i t .
I Batzli: Thank you. Okay, we have a motion on the floor to close the
public hearing.
I Ledvina moved, Mancino seconded to close the public hearing. All voted in
favor and the motion carried. The public hearing was closed.
11
1
Planning Commission Meeting
June 16, 1993 - Page 7
Batzli: Do you want to lead off?
Mancino: Sure. I first of all would like to recommend continuing to grant
the homeowners of Minnewashta Manor Homeowners Association the right to the
City's right -of -way on Sandpiper Lane. I think that they have established II
that they had been using it since 1981 that way so I would like to see them
continue that use.
Batzli: What do you think about if the City agreed to let them do that and I
they were going to keep it clean. We've heard some testimony that it's
being used as a garbage dump.
Mancino: Well going there yesterday and visiting it, yesterday it was
clean. There was no garbage there yesterday. On the Mrs. Newman's I think
property there was some wood stacked and there was a brush pile. ,
Arnold Weimerskirch: That's not her's.
Mancino: Oh okay. I don't know who's brush pile it is but there is a
brush pile there.
Herb Pfeffer: That's mine. '
Mancir: : OF.:sy. . I don't know, who's property is that?
Herb Pfeffer: There was one of the trees struck down by lightning a couple ,
of year_ aoo.. .
Mancino: Sc other than those two things. It's kept up to me. '
Arnold Weimerskirch: Well there's other debris.
Mancin_ CJ '. Is that further in?
Arnold Weimerskirch: Further in.
Mancino: Okay. I didn't see it. So the maintenance looks fine to me.
Also the 1981 use for the dock. They're asking for 30 feet, which I'm fine •
with. I think the L needs to be removed because it was not a use in 1981
and needs to be removed from the dock. The L shape. 5 boats docked. What
else did you ask for? Number of boats docked, 5. I have no problem with
that. 5 boats on land. Is there any land to put 5 boats on?
Aanenson: You saw that picture. There is, they're pulled up on shore.
Mancino: Now is that part of Sandpiper Trail? Is that part of the roadway I
easement?
Aanenson: Correct. '
Mancino: That City right -of -way?
Aanenson: Yes.
1
Planning Commission Meeting
June 16, 1993 - Page 8
Mancino: So that you could fit 5 boats there.
Batzli: So are you convinced that the level of use back in '81.
' Mancino: I'm convinced that the level of use for 5 boats docked is fine.
I'm not convinced that there were 5 boats stored on land.
' Batzli: It sounds to me.
Mancino: I think there was anywhere from 1 to 5. And I don't know what
' that number was.
Batzli: Okay. Anything else?
Mancino: I guess I've heard tonight that there was motor vehicle access.
As I look at it now, I'd say it's not well maintained to have vehicles on
there and I'm not sure why you would want to drive down there. I think you
' could par[ a van and walk your boat or canoe down to the end. So I would
say no to the motor vehicle access.
Batzli: Okay. Is that it?
Mancino: Yes.
Batzli: Thank you. Joe.
Scott: I would agree with the removal of the 20 foot section with the
' intensification of use from 1981 useage level. One of the things that I
would question too is that if you're going to have boats on land, or boats
at the dock, I would not want to see any overnight. That's really not an
issue that isn't raised here but I think that's something that I think we
' need to talk a little bit about. And that comes back to 1981 so I guess
I'd like to asJ a representative of the homeowners association if they
could enlighten us as to the over, the storage of boats overnight. Because
that seems to be, that's a very large issue that we've had to deal with in
a couple of these other lake associations.
Tom Schoenecker: In my recollection, almost all the boats that are down
there are stored overnight. They're left there permanently for the season.
Scott: On land?
' Tom Schoenecker: Well no, at the dock. At the dock. And some people have
fishing boats in the neighborhood that they just leave them down there tied
' up at the dock so they can have ready access to it. And so they have used
it for that purpose, yes.
Harbert=: I have a question for you. Are all of the boats from this dock,
what size of motors if any? If I read in here somewhere that they usually
just carry down and put into the water versus in with a trailer?
' Tom Schoenecker: Well I think probably the biggest boat would be maybe a
16 foot aluminum boat.
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Planning Commission Meeting
June 16, 1993 - Page 9 i
Harberts: What size motor?
Tom Schoenecker: And I would think the motors would be maybe 7 1/2 II
horsepower. Something like that. At times I had a boat there about 6
years ago, 7 years ago. It was a little 15 foot kind of a speedboat thing '
and had I think a 25 horsepower motor on it. And I left it down there
permanently. At one time somebody did have a pontoon down there and at one
of the Minnewashta Homeowners Association meetings, we kind of made a rule
I
that we couldn't put a big boat down there. It had to be a fishing type
boat. And so since that time it's just been fishing boats.
Harberts: Thank you.
II
Scott: So Mr. Pfeffer you were talking about one of the objections that
you had though was not necessarily having boats there overnight but having 11
boats there after the end of the season?
Herb Pfeffer: Yes. No, overnight there's no problem...as long as it's not
used as a boat launch area. We've got excellent boat launches on the lake
and I would hate...
Scott: Okay. The only thing I would add to this would be that all of the I
boats need to be removed at the end of the season. I don't have any
further comments.
Mancinco: What about vehicle access? 1
Scott: I would say no. I think it's been used as rather light duty. I
don't see it as a boat launch. I don't see that as being a use.
II
Batzli: Ma t t .
Ledvina: I guess I agree both with Joe and Nancy on the discussion as it I
relate=_ t_ the dock. This is kind of a tight area to get large boats in
and out of. I was down there last weekend, and I know that you're not
going to be storing 5 tri -hulls on that dock. That's just not going to
happen so, but then again if 5 boats were stored there at the dock, I think
that's reasonable to continue that. I don't know about vehicle access.
We've heard that there's gravel there and it's always kind of been a
II
street. Well it was planted as a street obviously so and vehicles have
been down there so it appears that that may have been a use in 1981. We've
specifically talked about or listed in the draft permit here vehicle access
and boat launch and I feel that it should absolutely not be used for a boat ,
launch but since there is gravel there and it appears to be used, I think
that vehicle access is acceptable. I guess other than that I have no other
comments.
1
Batzli: Okay. Roger. We touched a little bit early on here and I don't
know if the last two commissioners did but the boats on land and storage.
If they're going to be stored on this piece of property that we merely have
an easement on, can we even give them the right to do that?
Roger Knutson: That's a good question...there was a Court of Appeals
decision that came down a couple of months ago answering it contrary to the
II
Planning Commission Meeting
I June 16, 1993 - Page 10
I way I would have answered it before. It seemed to indicate the answer is
yes.
I Batzli: Could do that? Okay.
Roger Knutson: My understanding previously is, we have the right to use it
for a specific use and can't authorize any one use to use it for a use for
I which we don't have the right to use it. But they allowed an abutting,
where there was a strip of something like this with a street and the owner
owned property on both sides. He owned property here. Owned property
II here. This is an unimproved street. He wanted to do some activity on here
and they had said until the city opens that up as a street, he can use it
for anything he wants to.
I Batzli: Okay. Diane.
Audience: Can I address the commission?
1 Batzli: In one minute please. Diane.
I Harberts: I apologize for coming in late. I need to just clarify
something with staff. In your report you made comment that you have
concern about the dock setback zone.
I Aanenson: Well this is, Councilman Wing is really concerned that all
beachlots meet the dock setback zone which is 10 feet away but conflicts
with the lecal non- conforming status. What the ordinance says is that you
I can eYtend the dock out to get to 4 feet in depth. In some portions of
Minnewashta we've seen on these other ones they go out to 120 -130 feet out
into the lake. Obviously you've seen from Mr. Pfeffer's that these have
only a maximum 30 inches; of depth. Thereby limiting the type of boat that
I you can do there. So if by shortening the dock obviously you're taking
away the number of boats that can be stored at the dock. So that was the
reason 1 raised that as an issue.
1 Harberts: As I understand the current dock is 40 feet long and.
I Aanenson: 20 feet.
Harberts: 0'er.
1 Aanenson: The L is 20, yes.
Harberts: And they're proposing to go in there and rip everything up
I except for the 30 feet?
Aanenson: Yeah. Well I'm concerned if you try to extend it out further,
I if the channel's wide enough to even go out.
Batzli: The applicant wants a 40 foot dock. The 30 feet is an error.
I Harberts: Yeah, that was one part I couldn't figure out here. With the
exception of the testimony tonight, the testimony tonight presented was
1
Planning Commission Meeting
June 16, 1993 - Page 11 1
that there was a dock in 1981. Why wasn't an inventory done if there was
at least a dock there?
Aanenson: I can't answer that.
Ledvina: It's a very obscure little place.
Aanenson: It's hard to find, yeah. I don't know if somebody just missed
it.
Mancino: And did they miss it for '86 and '91?
Aanenson: I believe it was inventoried in '86.
Harberts: Well and the question, you know the question we always have to I
look at, what was the level of use in 1981. You know the documentation we
have here was, Minutes from 1983 which the City had granted 10 docking
spaces. 10 docking spaces at least according to the Minutes. I'm not
really, I'm not totally convinced that 5 was allowed. We have some people
here like I said that have testified that they beleive 5 was there or were
there. I'd be inclined to, since we're kind of establishing a new beachlot,
to consider 5. I'm having a hard time with storing 5 boats on shore. But
I'm not hearing any opposition from anyone that has concern. It's City
right -c -way. We have a special case here so I guess storing, we're not
really setting a lot of precedence by allowing people to use city right -of-
wa; to st :=re boats on, as I'm understanding this. I'm torn on boats to be
stored. Because with the pictures I guess that were presented, it looks
like we 'nave some boats up on some trees or things like that so I don't
think E iE, I'm not real comfortable with 5. I might be a little more
comfortable with 2 or something like that. And I guess I'm, the motor
vehicle access as I understand, and what I've seen, it doesn't look like
it's ver conducive to vehicle access. So I'd be inclined not to recommend
vehicle access. And I would be inclined to go with the 40 feet and 5 boats
at the d _K
Batzli: G thank you. Yeah, go ahead. 1
Tom Schoenecker: In attempt to remain good neighbors with Mr. Pfeffer, I
think the Homeowners Association would be perfectly agreeable to no vehicle
acce=ss to that property. And if we were given permission, we would put a
post or something so that we couldn't get a car down there. No storage of
boats on land. I think that would be agreeable. We would like to have the I
5 boats at the dock. We would like to maintain at least part of that L
structure. I don't believe it's on Mr. Pfeffer's land now. We could move
it back. There is a real nice bench to sit on and going out there at
nights and just sitting on a bench and stuff like that really is neat. I
mean it's a real pleasant thing. It would be nice to maintain that. And
we would like to remain good neighbors and we will maintain that property.
We've tried to. Thank you.
1
Batzli: Thank you. Just to run down it here. I agree. I have no problem
with 5 boats at the dock. I'd like to get rid of the boat storage on land. I
It sounds like the Association is willing to do that. Motor vehicle access
during, if they are also willing to put a post up or a gate or something, I
1
Planning Commission Meeting
June 16, 1993 - Page 12
' think that would be helpful. Keep people from probably dumping things on
there that don't belong there. That'd be helpful also. I'd be willing to
let them keep part of their L because I don't believe it's really that much
of an intensification of use as long as they're off of the lot line. So
having said that, is there a motion?
Scott: Can I ask a question of Mr. Pfeffer?
Batzli: Yeah.
Scott: Sir would you be amenable to having them with a 10 foot section on
the L?
Herb Pfeffer: 10 foot section would be legal.
•
Scott: Oka,. And that would be. Pardon me?
' Herb Pfeffer: Then I can't fight the L.
Scott: Yeah, it seems like that's a good compromise there so...Well it
seems apparent, and I particularly appreciate the way that you have been
' working together on this because as you know these lake right issues get
very em,ntional. And I just have one question. Where it says 40 feet in
length from the shore and out into naviagable waters. Could that
' conceivaLl; give us cross waves with, get us into another issue if the lake
level declines?
Aanenson: That goes back to the issue I raised before is that normally we
say to get to a depth of 4 feet. But as I pointed out before, the further
inland ao into the cove, the shallower it becomes.
Scott: You're going to run into land on the other side.
Aanenson: Right. So I'm not sure how much further in the cove they can
bring it in.
Scott: Okay.
' Aanenson: That's something they can look at I'm sure.
Scott: I'd like to move that the Planning Commission recommend approval of
' the Association's request of a 40 foot, one 40 foot dock in length with a
10 foot L section and out into navigable waters. 5 boats at the dock. No
vehicle access and no storage of boats on land.
Batzli: Is there a second?
Mancino: Second, but I'd like to amend to it. That the City allow the
Homeowners Association right -of -way on Sandpiper Lane.
Scott: That's friendly. I'll accept that amendment.
Batzli: You accepted the amendment. Okay. Is there any other discussion?
I would personally prefer that we leave out the part that reads, and out
1
Planning Commission Meeting
June 16, 1993 - Page 13
into navigable waters. Leaving that issue for another day.
Harberts: I would be more comfortable with that too.
Scott: Okay. 1
Batzli: Do you agree to that?
Mancino: Yes.
Batzli: You're willing?
Scott: I'm willing.
Batzli: Okay. Any other discussion?
Scott moved, Mancino seconded that the Planning Commission recommend that
the non- conforming use permit for Minnewashta Manor Homeowners Association I
be permitted one dock 40 feet in length with a 10 foot L section, 5 boats
at the dock, no vehicle access and no boats stored on land. Also, that the
City allow the Homeowners Association right -of -way on Sandpiper Lane. All
voted in favor and the motion carried.
Batzli: When does that go to the City Council?
Aanenson: Probably the 12th. July 12th.
1
Batzli: Yes sir.
Resident: If the Council approves that, then you... '
Aanenson: Yes. You'll get a non- conforming permit that will be recorded
at the County. You'll get a copy of that.
PUBLIC HEARING:
PRELIMINARY PLAT TO SUBDIVIDE 4.47 ACRES INTO 7 SINGLE FAMILY LOTS ON
PROPERTY ZONED RSF, RESIDENTIAL SINGLE FAMILY AND LOCATED AT 7500 FRONTIER
TRAIL, LOTUS LAKE WOODS, LEANNA FORCIER AND HUBERT V. FORCIER.
1
Public Present:
Name Address
Nancy Manarin 7552 Great Plains Blvd.
Wyck & Lori Linder 7550 Great Plains Blvd.
Bert & Phyllis Swanson 401 Del Rio Drive
Robert Somers 7409 Frontier Trail
Zoe Zuzek 407 Del Rio Drive
Bill Kirkvold 201 Frontier Court
Joy Warrior 7423 Frontier Trail
Robert Davis 4010 West 65th Street
Leanna Forcier 9597 Creek Knoll Road, Eden Prairie
Hubert Forcier 18515 6th Avenue No, Plymouth