5. Schmids Acres Non-conforming Recreational Beachlot CITYOF -
CHANHASSEN
jior
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Action by City Administrator
MEMORANDUM Endorsed. ✓1) a A
Modified
' Rejected
TO: Don Ashworth, City Manager Date 4-6
3
Y g er Date Submitted to Commissiiott
FROM: Kate Aanenson, Senior Planner Date Submitted to Cotes
in-/2.-93
DATE: March 30, 1993
SUBJ: Schmids Acres Non - Conforming Recreational Beachlot
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BACKGROUND
The Schmids Acre Beachlot dates back to 1914, when Schmids Acre Subdivision was recorded.
There are approximately 25 homes in the association. The beachlot is 13,000 square feet in area
and has 50 feet of lake frontage. The beachlot does not meet the minimum requirement of 200
feet of lake frontage, nor does it meet the 30,000 square feet of area.
A survey of the beachlot was done in 1981, and it showed that there was one dock, 45 feet in
length, and 1 boat on the shore. There were no boats docked or moored at the beachlot.
The association is requesting continued use of the dock with 1 to 2 boats being docked, one
canoe rack, 2 boats being stored on land, and continued use of the parking at the beachlot. The
association is asking for a level of use greater than the level of use in 1981, based on the
inventory done by the staff. Adjacent to the beachlot is a creek that is under the jurisdiction of
the DNR. The beachlot is proposed to have a boat launch. It appears to staff that there was not
a boat launch in 1981.
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Gary Carlson, a member of the association, has stated that when the City secured a utility
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easement through the beachlot, an agreement for maintenance was given by the City. The
Engineering Department has stated that there was never an agreement to maintain the beachlot
as part of the easement acquisition.
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t « PRINTED ON RECYCLED PAPER
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I Schmids Acres Beachlot
March 30, 1993
Page 2
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SUMMARY
1 The association is requesting continued use of the dock with 1 to 2 boats being docked, one
canoe rack, 2 boats being stored on land, and continued use of the parking at the beachlot.
1 PLANNING COMMISSION UPDATE
I On March 24, 1993, the Planning Commission recommended approval of the non - conforming
beachlot for Schmids Acres with the following level of use; 10 off - street parking spaces, 1 dock
with 1 boat allowed to be docked, 1 canoe rack. and 1 boat to be stored on shore.
I ATTACHMENTS
I 1. Staff Inventory of Schmids Acre Beachlot.
2. Schmids Acre Beachlot Application.
3. Public Hearing Notice.
1 4. Planning Commission minutes dated March 30, 1993.
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NON - CONFORMING RECREATIONAL BEACHLOT PERMIT
SCHMID'S ACRES ASSOCIATION
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Planning City
Schmids's Acres Association Commission Council I
1981 Survey Request Recommendation Approval
Lake Minnewashta
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Number of Homes 25
Size, square feet 13,000 1
Shoreline 50'
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Motor Vehicle Access yes yes yes
Off - Street Parking 5 -6 10 10 I
Boat Launch None yes no
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Buildings None
Seasonal Dock 1 at 45' 45' 45' I
Diagram
Canoe Racks None 1 1
Boats on Land 1 1 1
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Boats on Dock None 1 - 1
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Boats Moored None not requested
Swimming Beach Allowed by ordinance 1
Marker Buoys None
Swimming Raft None
Miscellaneous 1
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II RECREATIONAL BEACHLOT INVENTORY 1981 1986 1991
Schmidts -
1 8 homes
Lake Minnewashta
1 13,000 sq. ft.
50' width of shoreline
1 Motor Vehicle Access yes yes yes
Off - Street Parking no no no
1 Boat Launch no no no
Permanent Buildings no no no
1 Setbacks
Temporary Buildings no no no
II Portable Restroom no no no
Picnic Tables no no no
1 Grills /Campfires no no no
Seasonal Docks 1 1 1
1 Approximate Length 45' 45' 45'
Canoe Racks no no no
1 Boats on Land 1 no 1
Boats Moored no no no
II Boats Docked no no no
Swimming Beach no no no
1 Marker Bouys no no no
Swimming Raft no no no
1 Comments: poorly poorly poorly
maint. maint. maint.
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CITY OF CHANHASSEN I
690 COULTER DRIVE
CHANHASSEN, MN 55317 I
NON _ CONFORMING RECREATIONAL BEACHLOT APPLICATION
HOMEOWNERS ASSOCIATION: S C k C A T A t r c T v - cr. C
CONTACT PERSON: C v- y C 4k v --1 S p n / \ e r S A S S
ADDRESS: 3 g 3 1 (J 6 7., du St 1
TELEPHONE (Day time) V7 `- f TELEPHONE (Evening) :
Please provide all requested data consistent with what existed in 1
the summer of 1981.
1. Number of homes in the Homeowners Association 5 /y
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2. Length of shoreland (feet) .5 0 , 1
3. Total area of Beachlot (in square feet) . ) 3) 000 s' - PT --
4. Number of docks 1 1
6. Length of dock(s) 5 n l_ 1 00' /i f ar kr e> x ■
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7. Number of boats docked
8. Number of canoe racks I 1
9. Number of boats stored on canoe racks 1
10. Number of boats moored i.e. canoes, paddle boats, 1
sailboats. /J 3 1l)
11. Number of boats on land 1 o-1 a 1
12. Swimming beach Yes No No Buoys Yes No
13. Swimming Raft Yes No__ 1
14. Boat Launch Yes X No
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15. Motor vehicle access Yes X No
Number of parking spaces 0 — / 0 ,/ e P r- n x
16. Structures, including portable chemical toilets:
A)0 Ai e - 1
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STATE or M/NNASOTA1
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On 1/11,5'..s2? !G day of� .e.cti�!J — — _en. n. r 4r/ /, fi e/ re me, ct / o/ury Pub //0 i r1
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CITY OR VICTORIA
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Shorewood Ooks Development, Inc
BR 125, P2i a 532
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EXHIBIT B
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Torrens No. 829
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF CARVER FIRST JUDICIAL DISTRICT
LAND TITLE SUMMONS IN APPLICATION FOR REGISTRATION OF LAND '
In the Matter of the Application of Dana L. Johnson and Nancy
M. Johnson, husband and wife, as joint tenants, to register the
title to the following described real estate situated in Carver
County, Minnesota, namely:
That part of Government Lot 4 and that part of the Southwest
Quarter of the Northwest Quarter, Section 5, Township 116,
Range 23, Carver County, Minnesota, described as follows: ,
Beginning at the most northerly corner of Outlot B,
MINNEWASHTA CREEK FIRST ADDITION, according to the recorded
plat thereof; thence on an assumed bearing of North 16 degrees
30 minutes 58 seconds East along the easterly right of way
line of County State Aid Highway No. 15 according to said
plat, a distance of 266.28 feet; thence South 42 degrees 30 '
minutes 00 seconds East a distance of 231 feet more or less to
the shoreline of Lake Minnewashta; thence southerly along said
shoreline to the northerly line of said Outlot B; thence North
73 degrees 25 minutes 00 seconds West along said northerly
line to the point of beginning.
Dana L. Johnson and Nancy M. Johnson,
Applicants, '
vs.
Unknown heirs of Zadock D. Spaulding, deceased, Gordon Ingersoll,
Jane Louise Berkey, Jane I. Berkey, State of Minnesota, unknown
heirs of Nora B. Schmid, deceased, unknown heirs of Stuart Smith,
aka Stuart R. Schmid, deceased, unknown heirs of Lenore Schmid,
deceased, unknown heirs of Agnes Schmid, deceased, Peter J. Schmid,
Gary S. Schmid, William D. Schmid, William H. Schmid, R. Stuart
Schmid, unknown heirs of Sewell Sigafoos, deceased, Ruth Scissons,
aka Ruth Scisson, Roy V. Wassom, unknown heirs of Dixie Wassom, aka
Dixis Wassom, deceased, unknown heirs of Frank Wassom, deceased,
unknown heirs of Rome Sigafoos, Jr., deceased, Mardee Gibbons,
Ralph Sigafoos, Ruth S. Klick, Deanna Jenkins, George Sigafoos,
Evelyn Brekke, Donald Sigafoos, unknown heirs of Rome Sigafoos,
deceased, unknown heirs of Sophia Sigafoos, deceased, Joseph
Sigafoos, Kevin Sigafoos, Linda Smith, Bruce Sigafoos, Brenda
Sigafoos, Rome Sigafoos III, aka Rome Allen Gould, unknown heirs of
Darryl Sigafoos, deceased, Charles F. Miller, Lillian Sanders,
Benjamin Miller, Harry L. Reinshagen, unknown heirs of Amy C.
Reinshagen, deceased, Aimee Reinshagen, Mrs. Harold L. Babb,
Clayton S. Miller, an incompetent, by his guardian, Craig C.
Miller, Eva Miller, unknown heirs of Sadie Miller, deceased,
unknown heirs of Wesley Miller, deceased, unknown heirs of Benjamin
W. Miller, deceased, Celia Mann, Ralph W. Miller, Jr., Gertrude
Graves, Marjorie Steeves, Ellen Bloede, Amy Roberson, Walter F.
Miller, unknown heirs of Ralph W. Miller, deceased, unknown heirs
of Phoebe Kanimakaoli Miller, deceased, Woodside Cemetery
Association, Elizabeth Scott Matthes, Mariana Smith, unknown heirs
of Estella A. Miller deceased, unknown heirs of Charles Miller,
' deceased, unknown heirs of Horace P. Mann, deceased, unknown heirs
of Theresia Mann, aka Theresa Mann, deceased, Helen Arnold,
Permilla Hahn, Lowell Hahn, Cosette Clegg, unknown heirs of Edwin
' Hahn, deceased, unknown heirs of Joseph Hahn, deceased, unknown
heirs of Emerenzia Hahn, deceased, Francis G. Beckmann, Georgia
Miller, Norma Schmid, unknown heirs of Robert Schmid, deceased,
' Fern M. Flatau, Gale Schmid, unknown heirs of Anna V. Schmid,
deceased, unknown heirs of Daniel Schmid, deceased, unknown heirs
of Lottie Schmid, deceased, David L. Schmid, Karen Falwell, unknown
heirs of David Schmid, deceased, Marcia Hannum, Cheri Gailey,
' unknown heirs of Donald Schmid, deceased, unknown heirs of Sarah M.
Schmid, deceased, unknown heirs of Otto Schmid, deceased, Harriet
Nubson, unknown heirs of Louis E. Mann, deceased, unknown heirs of
11 Zezilia Mann, deceased, Kenneth C. Durr, Gary D. Carlson, Maureen
G. Carlson, Federal Home Loan Mortgage Corporation, Twin City
Federal Savings and Loan Association, now known as TCF Bank Savings
' fsb, Craig C. Miller, Minnesota Housing Finance Agency, State Bank
of Chanhassen, City of Chanhassen, City of Shorewood, Mark Francis
MacPherson, Security Pacific Financial Services, Inc., First
Minnesota Savings Bank, F.S.B., now known as Norwest Bank
1 Minnesota, N.A., Mark Dwaine Schurdevin, BancPLUS Mortgage Corp.,
Kathy A. Schurdevin, Dale H. Collins, Marjorie Collins, Cyrus H.
Juneau, Debbie A. Juneau, BarclaysAmerican /Mortgage Corporation,
' Timothy J. Latterner, Sheryl A. Latterner, First State Federal
Savings and Loan Association, Drake Construction, Inc., Kevin R.
O'Meara, Robin S. O'Meara, Farm & Home Savings Association, Denise
' E. Zoellmer, Jeffrey R. Berge, Norwest Mortgage, Inc., Peter A.
Krebsbach, Patricia L. Beyer, United Mortgage Corporation, Terryl
F. Buisman, Christine L. Buisman, Investors Savings Bank, Robert F.
Carlson, Minola J. Carlson, Clinton B. Wager, Ralph A. Nelson,
Shirley A. Nelson, Metropolitan Federal Bank, Terrance L. Toll,
Dawn M. Toll, American Savings Bank, Centrust Mortgage Corporation,
Alvin G. Gelschus, Elizabeth A. Gelschus, and TCF Bank Savings fsb;
also all heirs and devisees of any of the above -named persons who
are deceased; and all other persons or parties unknown claiming any
right, title, estate, lien or interest in the real estate described
in the Application or amendments herein,
Defendants.
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THE STATE OF MINNESOTA TO THE ABOVE -NAMED DEFENDANTS:
You are hereby summoned and required to answer the Application
of the Applicants in the above - entitled proceeding and to file your
answer to the said Application in the office of the Clerk of said
Court, in said County, within 20 days after service of this
Summons upon you, exclusive of the day of such service, and if you
fail to answer the Application within the time aforesaid, the
Applicants in this proceeding will apply to the Court for the
relief demanded therein. 1
WITNESS, District Court 1
Thomas L. Owens #121459 Administrator /Clerk of said
Attorney for Applicants Court, and the seal thereof,
1512 First Bank Place West at Chaska in said County
Minneapolis, MN 55402 thisl2th day of March, 1992.
Telephone: (612) 338 -2919 GREGORY M. ES Court Adm.
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1 EXHIBIT A
A P 0RT g iCH S PARK I
E $ 1 i A $ i g 8 8
NOTICE OF PUBLIC HEARING ' — 5 T r � ; a° 1� , X 1, ��� 1 * : =►���
PLANNING COMMISSION MEETING � � i� " '�!' �' 10 S i
�i/ �,•;� �� +ili��16iiii1111
V. Wednesday, March 17, 1993 - 7:30 .J, �;•i�,:,,, „
City Hall Council Chambers h
P.M. -
•� �►' 4 r�� l . r1 Sub ecA
t. . �„ �, ,,, 0 . ` � 1
690 Coulter Drive - � � ��•� = S�
�e aLi z2- r • )) i ri g.igiii: milli ..111 r 1.
�a:!l ..'•.hJ 1 L A K E A g
Project: Schmid's Acres Non- = -��' "��°!
-
Conforming Recreational ' M/ N N E W A S N T A 1
,,
Beachlot
' 4 KINGS ROAD p �" - --
Developer: Schmid's Acres Homeowners R ' 1 u IN:',
AI LAKE t��. 1 *44 Association ro. ��� m^ - _ -
Location: North side of Lake � � e. - - 1 � >
Minnwashta ' ` %i� ¢
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Notice: You are invited to attend a public hearing about a development proposed in
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your area. Schmid's Acres Homeowners Association has applied for a non - conforming use
permit for their recreational beachlot.
What Happens at the Meeting: The purpose of this public hearing is to inform I
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 1
through the following steps:
1. Staff will give an over view of the proposed project.
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2. The Developer will present plans on the .project.
3. Comments are received from the public.
I 4. Public hearing is closed and the Commission discusses project. The
Commission will then make a recommendation to the City Council.
Questions or Comments: If you want to see the plans before the meeting, please 1
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 Kate Aanenson at 937 -1900. If you I
choose 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 March 4, I
1993.
III
3
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Gary Carlson Dale Keehl Terrance Toll
I 3831 West 62nd Street 3841 West 62nd Street 3851 Church Road
Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331
1 Gary & Mary Sundmeyer Melvin Menke Jeff Berge
3828 Meadow Ct. 3842 Meadow Ct. 3856 Meadow Lane
1 Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331
1 Peter Knebsbach Terry Buisman Greg Baird
3891 Meadow Lane 3861 Meadow Lane 3870 Meadow Lane
Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331
1
Steve Brauchamp Kevin & Robin O'Meara Tim & Sherri Latterner
I 3831 Meadow Lane 3814 Meadow Court 3790 Meadow Lane
Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331
1
Michael & Karyn Schuler Clint Wager
1 6330 Church Road 6320 Church Road
Excelsior, MN 55331 Excelsior, MN 55331
1
1
1
1
1
1
1
1
1
1
1
JAMES MOORE SAMUEL POTTS ERIC BAUER
3630 HICKORY 3628 HICKORY 3624 RED CEDAR POINT I
EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331
EDWIN SEIM 1
STEVEN KEUSEMAN KATHLEEN LOCKHART 292 CHARLES DRIVE
3622 RED CEDAR POINT 3618 RED CEDAR POINT DR SAN LUIS OBISPO CA 1
EXCELSIOR MN 55331 EXCELSIOR, MN 55331 93401
RICHARD SCHLENER THADDEUS SCHWABA J D KNIGHT 1
200 COMMERCE CIR S 3603 RED CEDAR POINT 485 PILLSBURY BLDG
MINNEAPOLIS MN 55432 EXCELSIOR MN 55331 608 2ND AVE S
MINNEAPOLIS MN 55402 1
WYNN BINGER PAUL LARSON LUMIR PROSHEK
2950 DEAN PKWY #1503 3609 RED CEDAR POINT 3613 RED CEDAR PT
I
MINNEAPOLIS MN 55416 EXCELSIOR MN 55331 EXCELSIOR MN 55331
EM IL SOU BA BA BIRATA DUNDURS LINDA JOHNSON 1
14025 VALE COURT 3627 RED CEDAR POINT 3629 RED CEDAR POINT 1
EDEN PRAIRIE MN 55344 EXCELSIOR MN 55331 EXCELSIOR MN 55331
CHARLES ANDING HELEN ANDING CHESTER LOBITZ 1
3631 SOUTH CEDAR 1708 E 57TH STREET 3637 SOUTH CEDAR
EXCELSIOR MN 55331 MINNEAPOLIS MN 55417 EXCELSIOR MN 55331 1
LARRY VANDERLINDE ANDREW JENSEN DAVID HEMPLE
I
211 CHESTNUT BOX 277 3707 SOUTH CEDAR
CHASKA MN 55318 EXCELSIOR MN 55331 EXCELSIOR MN 55331
1
FRANK BOYCE CLIFFORD PEDERSEN RICHARD ANDING 1
3711 SOUTH CEDAR 3713 S O U T H C E D A R 3715 SOUTH CEDAR
EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331
1
BASIL BASTAIN CURRENT RESIDENT KENNETH SMITH
3719 SOUTH CEDAR 3725 SOUTH CEDAR 3837 RED CEDAR POINT i
EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331
ROBERT C OSBORNE WALTER SCHWATZ JEROME AHLMAN 1
3815 RED CEDAR POINT 3888 FOREST RIDGE CIR 3896 LONE CEDAR
EXCELSIOR MN 55331 CHAKSA MN 55318 CHAKSA MN 55318 1
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JOHN MCKELLIP CURRENT RESIDENT MORRIS MULLIN
1 3431 SHORE DIVE 3441 SHORE DRIVE 3451 SHORE DRIVE
EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331
I RED CEDAR COVE INC WENDELL SCHOTT AURETHA SMITH
C/O D C PRILLMAN 7034 RED CEDAR COVE 7044 RED CEDAR COVE
1 7064 RED CEDAR COVE EXCELSIOR MN 55331 EXCELSIOR MN 55331
EXCELSIOR MN 55331
1 CURRENT RESIDENT RALPH KARCZEWSKI WARREN RIETZ
7048 RED CEDAR COVE 7054 RED CEDAR COVE 7058 RED CEDAR COVE
• EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331
I DAVID PRILLAMAN CURRENT RESIDENT CURRENT RESIDENT
7064 RED CEDAR COVE 7068 RED CEDAR COVE 7074 RED CEDAR COVE
EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331
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CURRENT RESIDENT STEVEN EMMINGS RICHARD HANSON
I 7078 RED CEDAR COVE 6350 GREENBRIAR 6400 GREENBRIAR
EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331
I ROBERT HEBEISEN RICHARD ZWEIG CURRENT RESIDENT
3607 IRONWOOD ROAD 3601 IRONWOOD ROAD 6331 CYPRESS DRIVE
I EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331
1 FRANCIS FABER RICHARD WING WILLIAM TURNER
3471 SHORE DRIVE 3481 SHORE DRIVE 3501 SHORE DRIVE
1 EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331
I DAVE HOELKE THOMAS WRIGHT MICHAEL MORGAN
3621 IRONWOOD ROAD 3611 IRONWOOD ROAD 3734 HICKORY
• EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331
I L O PARSONS CURRENT RESIDENT MARVIN YORK
3732 HICKORY 3724 HICKORY 3716 HICKORY
EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331
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ALFRED SMITH GREGORY BOHER GARY PETERSON
1 3714 HICKORY 3706 HICKORY 1769 20TH AVE NW
EXCELSIOR MN 55331 EXCELSIOR MN 55331 NEW BRIGHTON MN 55112
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ESTATE OF AHRENS HERBERT PFEFFER PER & E JACOBSON
RT 1 BOX 284 2850 TANAGERS 2840 TANAGERS
BROWERVILLE MN 56438 EXCELSIOR MN 55331 EXCELSIOR MN 55331
GENE FURY STEPHEN ORTLIP HARRY NIEMELA I
2821 WASHTA BAY ROAD 14880 30TH ST SW 2841 WASHTA BAY ROAD 1 •
EXCELSIOR MN 55331 WATERTOWN MN 55388 EXCELSIOR MN 55331
DONALD ANDERSON WAYNE HOLZER NORMAN CASPERSON 1
2851 WASHTA BAY ROAD 2911 WASHTA BAY ROAD 2921 WASHTA BAY ROAD
EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331
I
ALLAN TOLLEFSON GLENN COPPERSMITH JOSEPH BOYER
I
2931 WASHTA BAY ROAD 2941 WASHTA BAY ROAD 3630 VIRGINIA AVE
EXCELSIOR MN 55331 EXCELSIOR MN 55331 WAYZATA MN 55391
1
CURRENT RESIDENT SUSAN FIEDLER THOMAS MERZ
3111 DARTMOUTH DR 3121 DARTMOUTH DR 3201 DARTMOUTH DR 1
EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331
1
JAMES GINTHER STEPHEN MARTIN PAULA & ROBIN ROETTGER
3131 DARTMOUTH DR 3211 DARTMOUTH DR 3221 DARTMOUTH DR I
EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331
M MOORE /K HALL WARREN HANSON CURRENT RESIDENT 1
3231 DARTMOUTH DR 3241 DARTMOUTH DR 6341 CYPRESS DR
EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 1
WILLIAM NAEGELE CURRENT RESIDENT BARBARA WINTHEISER 1
4300 BAKER ROAD 3311 SHORE DRIVE 3321 SHORE DRIVE
MINNETONKA MN 55343 EXCELSIOR MN 55331 EXCELSIOR MN 55331
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FLORENCE BISCHOFF WILLIAM MCDANIEL F DENTON WHITE i
3331 SHORE DRIVE 3341 SHORE DRIVE 3351 SHORE DRIVE
EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331
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HENRY ARNESON KARL VANLANGEN M POSTHUMUS & E TUSSEY
3401 SHORE DRIVE 3411 SHORE DRIVE 3421 SHORE DRIVE 1
EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331
1
1 JOEL ANDERSON JOHN PETERJOHN CURRENT RESIDENT
3894 LONE CEDAR 3892 LONE CEDAR 3890 LONE CEDAR
I CHASKA MN 55318 CHASKA MN 55318 CHASKA MN 55318
1 TERRANCE JOHNSON EDWARD OATHOUT GEOFFREY SCHIEFELBEIN
• 3898 LONE CEDAR 3940 HAWTHORNE CIR 3920 HAWTHORNE CIR
CHASKA MN 55318 EXCELSIOR MN 55331 EXCELSIOR MN 55331
1
STATE/MINNESOTA IN TRUST JOHN MERZ/DAVID TESTER
1 CIO CARVER CO AUDITOR 3897 LONE CEDAR
600 EAST 4TH STREET CHASKA MN 55318
• CHASKA MN 55318
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Planning Commission Meeting
March 17, 1993 - Page 52
1
PUBLIC HEARING:
NON - CONFORMING USE PERMIT FOR SCHMID'S ACRES RECREATIONAL BEACHLOT.
Public Present:
Name Address '
Gary Carlson 3831 West 62nd Street
Dale Keehl 3841 West 62nd Street
Kate Aanenson presented the staff report on this item. Chairman Batzli
called the public hearing to order.
Gary Carlson: Good evening. My name is Gary Carlson. I live at 3831 Wes
62nd Street. I live in the original homestead on the Schmid's Acres
Tracts. It was built in 1895 and I've lived there for the last 23 -24
years. I want to wish you all a Happy St. Patrick's Day, although I don'
know if he'll forgive you for not celebrating with only an hour left in
the day. I appreciate the work that you do for the city. You do a good
job. I just wish there was a way that those that just want to go for
quick swim could have an earlier meeting and let the large problems of the
city be worked out in the later hours. The Schmid's Acre beachlot was
established in 1914. We simply wish to comply and obtain a non - conforming
use permit for Schmid's Acre recreational beachlot. We describe the
nature of the use in our application, so if you would look at that, I'll
go through the application quickly. The number of homes is approximately"
25. The length of our shoreline is 50 feet wide and we're 50 foot wide
from the shoreline all the way to Minnewashta Parkway. That's the new
improved parkway that you're adding. That you're improving. Our useage, II
you want us to define to you, is one dock and the length at times
is, or whenever it was made in '81 but we do have extra sections and the
legal limit for Minnewashta, we've never used the full length. We're only
asking for the one dock unless the lake goes low, and then we may put out"
the full whatever. I think it's 100 feet on Lake Minnewashta but we
typically only put out about 50 feet. But we may put out more feet. We've
had one dock since 1914. It's a pre - existing use. It's a grandfathered
use. We just simply want to let you know what that use was and we want
to, we understand the City's interest in restricting the use of the lake.
We want to, that is also our interest is to continue.
Batzli: Can you comment on two or three particular things.
Gary Carlson: Yeah, run down quickly. 1
Batzli: On our survey we have very little use made in 1981, which is the
year that we have been attempting to limit your use to that level of use 11
in 1981. You asked for several things which go over and above that use
and maybe if you can just comment on these 2 or 3 things. One is you'd
like to add a canoe rack. You want to increase the number of boats which
are docked and you want to put a couple of the boats on land. Were those'
things done in 1981 that you had boats on land and a couple on the dock?
Gary Carlson: Like I say, it's a lake access that's been there since 191
and some years it's used more than others. Some people that have the use
Planning Commission Meeting
March 17, 1993 - Page 53
of it have never even set foot on it. Some people that have the use of it
are down there every weekend. But it's a very limited use and there is
no, hardly any physical evidence that it is a lake access because it is,
the creek is entirely enclosed within that 50 feet.
Batzli: But in the past has there been 2 boats on land, 2 on the dock?
Gary Carlson: Okay, let me run again down these. One dock. So that's
only one dock. We're not saying.
Batzli: We're going to give you the dock. I don't want to talk about the
dock.
Gary Carlson: Okay. Number of boats, 1 or 2. The reason for that is not
to continue. We never have continually moored boats there. We're not
11 asking to moor any in the lake as other accesses do. Other accesses you
look at their access, all you'll see is 12 boats moored out from nobody's
home.
Aanenson: Maybe I can make a clarification. The ordinance only addresses
if you're going to put them overnight. If you're going to launch them at
the boat launch and store them during the day, run to the house and get
' lunch, that's fine. We don't care about that. The ordinance only
addresses if you're going to leave them there overnight.
Gary Carlson: Okay. The other thing I wanted to ask you is the boat
launch, canoe rack of exceptional size or parking lot. Those would all
require us to come to you and ask for a building permit. If we were to
build a parking lot or build...
' Aanenson: No. You have existing. You can drive onto that right now.
' Gary Carlson: No, existing is, the reason we're asking for 1 or 2 docks
is okay, if we want to leave the boat there overnight and usually.
Batzli: The ones on the dock you want to leave there overnight?
Gary Carlson: Well we have in the past at the dock but it's not a full
summer's dockage. You know what I mean?
r Batzli: Right, but there has been use during the summer of you leaving
boats there overnight?
Gary Carlson: Yeah. We have left boats there overnight. And it's only,
if you and your brother are going to fish today and Sunday.
Batzli: I leave my boat there overnight and then I pull it out.
Gary Carlson: You leave the boat overnight and then we pull it out.
' Batzli: And how many have been on land during the summer in the past?
Gary Carlson: Because it's a non, it's next to undeveloped land and the
one owner to the right, you don't have any security there. We haven't in
Planning Commission Meeting
March 17, 1993 - Page 54
the past and we don't want to in the future. We just, if the occasion
runs that we're going to go waterskiing Saturday and Sunday, and somebody II in the association elects to leave their boat there, we don't want to be
out a permit or we don't want to have a citation.
Batzli: So you're looking at boats that are fishing boats and /or boats II
that you can pull a skier with?
Gary Carlson: Small ski boats, yeah.
Batzli: And in the past have you launched from that property or is this
something that you would want to build?
Gary Carlson: No. The reason I have a canoe rack is because
traditionally we've chained it to a tree and as the lots on either side of
us develop into a home, they might say a little stand that you can lock
your canoe down. And that again is just if the kids are on summer break
or they're going to canoe for the full two weeks or one week. But if
anyone leaves their canoe there for a month it will be gone you know.
Batzli: So there have been canoes left there chained to trees?
Gary Carlson: Chained to trees, yeah. 1
Batzli: But how about launching your fishing boats or your small ski
boats.
Gary Carlson: Okay, that's the next point. It also states in the history
report there was no swimming beach but you know.
Aanenson: The ordinance doesn't address that. That's really a moot poin
because we don't regulate that. We're not going to stop anybody from
swimming there. 1
Gary Carlson: It's a hard sand beach so we swim there and that's the only
reason we go down there is to swim there and so it does have, has always
had a swimming beach. The boat launch, if you've looked at the access,
it's a straight little gravel road and it will have a new approach off
Minnewashta Parkway. They'll be improving that approach. And the little
gravel driveway goes straight into the lake and it's not an improved
launch and we don't want it to be a launch where 12 boats launch there
every Saturday or night. The only reason we use the launch is if the
public thing is full. You know they only allow 40 some boats over there.
And like I say, it's a very small access and there's only 25 or so people '
that have the right to use it. I have yet to see more than 3 people, 3
different families there at one time in all the 23 years I've been there
so it's very limited useage boat area. The only thing is if I'm going to
have waterskiing and I didn't get up by 9:00 and get over to the public t
launch and there's no place on Minnewashta to launch, the public I can't
leave my, so then I back in. I put my boat in. We have a little gravel 1
driveway that goes straight into the lake. It's not an improved. We're
not going to put in a cement boat ramp.
Batzli: We probably wish you would but okay. 1
1
Planning Commission Meeting
March 17, 1993 - Page 55
1
Mancino: How long has it been there? How long has the boat launch been
there?
' Gary Carlson: The road has always been there since I've been there.
Mancino: Okay, but according to this inventory, there isn't one. There
wasn't one in 1981, 1986 or 1991.
' Gary Carlson: It depends on the lake level. It depends on what the ice
heave is that year and unless I go down there with my skidster loader and
remove that ice heave, then you can't make a smooth launch. So only a
person with a 4 wheel drive would launch there.
Batzli: Okay. Do you understand the position we're in here. What we're
looking for actual documentation of increased use over what our survey
' said was there in 1981. And we have your best recollection but we don't
have anything we can kind of sink our teeth into.
Gary Carlson: Well I can bring, a lot of the people that use it in the
IF 70's and 80's have retired and moved off of the lots. We have new
families in there and they haven't launched there yet. So we have always
launched a boat there but we're not going to be a launch for 25 homeowners
' and then they're calling their aunts and uncles and friends and relatives.
If I can get into the fact that it can only be used and we would like that
use to continue, it can only be used by the heirs and assigns of Schmid's
Acre Tract. And by the way, can only be used for the private use of the
heirs so that means I can't invite the public. In fact the City of
Chanhassen owns one of the Schmid's Acre tracts and so does the City of
Shorewood owns one.
' Batzli: Do you have covenants amongst the tracts?
' Gary Carlson: The thing is on this particular parcel. We're coming in as
a courtesy to the city to get this permit. It's grandfathered number one.
Number two, it lies entirely within a private person's property. It's as
' if Kathryn owned a lake lot and she gave us permission from now on for the
other people who live across the street from her to use and come onto her
property. This is privately owned by a private party, not me. So it's
not like the normal lake access where the people hold it in common.
Batzli: I believe it.
Gary Carlson: We have the right to come on to Kenneth Durr's property,
the 50 feet wide strip to ingress and egress the lake and that was set up
by Schmid and his heirs in 1914 when he platted. So that his relatives
that owned off lake could use that and we now live on his properties and
we don't want to expand it beyond the 25 families who now use it.
Batzli: Okay. We may have questions for you when we, thank you for
coming. It's an interesting one.
Gary Carlson: We want to leave it with it's current nature and there's no
improvements we can put on it without going through a permitting process
of the city so it's basically so that you can have that defined and not
Planning Commission Meeting I
March 17, 1993 - Page 56
let it get expanded. We don't want to expand it. What we re asking for
1
is just the minimum. I mean you've got to be able to put one dock there
occasionally and you have to be able to go swimming there and you like toll
if we need to launch a boat, the road goes right into the lake.
Batzli: Okay, thank you for your comments. Is there anyone else that I
would like to address the Commission? Yes please.
Dale Keehl: My name is Dale Keehl. I live at 3841 West 62nd Street. I
just purchased the house last fall from a Mr. Gelsich who I've worked wit
for the past 24 years. As far as I don't, I've never used the access. I
was one of the reasons that I bought the house was because I have two
young boys and we like to fish and stuff and I thought it would be a nice'
way to get to the lake and not necessarily use it as a boat launch. I
don't need that or to leave a boat on the lake. I just like a place I can
get to the lake. Like I said, I've known the Gelsich's for 20 some years
and how they used it with their boys and as far as leaving boats there an
�
that, it was just an overnight thing and that, I was on the access a
couple times with them and I would just like to see it kept so I could us
it with my boys. Thank you.
Batzli: Thank you. Would anyone else like to address the Commission? Is
there a motion to close the public hearing?
1
Scott moved, Mancino seconded to close the public hearing. All voted in
favor and the motion carried. The public hearing was closed.
I
Batzli: Okay Jeff, why don't you start.
Farmakes: I've been consistent on this thing and I want to remain
I
consistent.
Batzli: I know. I really shouldn't have started with you should I.
II
Farmakes: I think the ordinance is pretty clear and I'm really not going
to go on. The applicant knows apparently from discussing it here what th
ordinance, the intent of the ordinance is to do and what we're arguing
about here perhaps is not access but expanding the use. If the city took
a survey there, was down there and one of the boats happened to be missing
from the dock, I could take that as a plausible event, and I don't think
that that's being inconsistent. The City's tact with that survey was not
totally inclusive and I think that there's some reasonable leeway there.
The difference of what you're asking seems to me to be pretty slight and
would be fine with the extra boat versus the survey. The issue of
storage, I don't think that we've gotten super critical with the issue of
storage off of the dock itself. The issue of access though, I'm not sure
if I, that would seem to me to be an expansion of use. If you were to
II
improve that and utilize that for a true boat launching and that would
seem to me to be inconsistent with what we can do. That's it.
Batzli: But you would agree that they should have a boat launch? 1
Farmakes: No. That would be an expansion of use. And that would be
inconsistent with what we've been doing.
II
II
II Planning Commission Meeting
March 17, 1993 - Page 57
I Batzli: Let me ask one uestion. On the issue of launching. You can
4 g
still launch your boat over at the public launch. You just can't park
1 over there. Or do they actually cut it off after 45 people have launched?
Gary Carlson: I think after so many boats and trailers have gone through
I the gate. Otherwise they can't...or you have to wait for a boat and
trailer to leave the park. I supposed, I don't know if at the gate you
explained to the person at the gate that you just wanted to launch and
I take the boat somewhere else. I'm not sure on that either. I guess
I didn't cover the parking either. We don't all go down and park our
cars. If it's the 4th of July and he has all his relatives, all 14 of
them. In other words, if there's a little family picnic there and you
I park your cars...and they park all the way to the driveway out, there will
be 10 cars there but we're not asking to have any cars parking. We're not
asking to expand on the parking. So if there's 10 cars down there...but
I we're not asking for a 10 car parking lot either.
Batzli: Did you have something?
I Dale Keehl: I do think you can launch over there and drive out. I used
to know the guy that took care of it over there and I do think that is
possible.
1 Aanenson: I think that's what a lot of the other associations do too.
They can't dock overnight.
1 Batzli: Right. Joe.
Scott: I don't know. This is a personal comment and not necessarily made
I as a Planning Commissioner but this is my first shot at a lake situation.
I don't know. Has there been any problems with how these people have been
using the dock? I mean it seems like we're trying to go back into the
I history and nobody really has a good beat on it and the one day survey's
not an indication of use I guess. Has there been any reason to, or any
indication that these people have not been utilizing this piece of land
1 for whatever it's supposed to be utilized, I mean has there ever been any
problem with these people?
Aanenson: Not to my knowledge.
1 Scott: Well, and I don't expect you to know full knowledge. As far as
I'm concerned, I think we should just, they don't have a tremendous amount
I of space to work with. It doesn't seem like there's heavy use. I think
we should grant them their non - conforming use. That's the end of my
discussion.
I Batzli: So do you feel comfortable with what they've asked for in view of
what we think they've had in the past?
I Scott: We don't really know what they've had in the past and I don't
think you can determine it from a one shot aerial photograph or somebody
wandering down there so I'd take them on their word and let it go with it.
1
1
Planning Commission Meeting 1
March 17, 1993 - Page 58
Batzli: Okay. That's a fair assessment. I think Matt may present the
opposing viewpoint here though. Go ahead.
Scott: Which is fine.
Ledvina: You know I feel that we do have to evaluate the survey and take'
what we can from that survey. I agree with Jeff's position. A boat can
be out on the lake. We've gone over that many times. I don't need to do
that here. So I would be in favor of allowing one boat to be docked
overnight at the dock. The other conditions are fine but I would draw thil
line at the boat launch because I think there's other issues that are
associated with a boat launch that relate to environmental effects and
control and things like that. So I would not support approving the boat I
launch.
Batzli: Parking's okay? Boats on land are okay?
Ledvina: That's all fine. Everything else is fine as far as I'm
concerned. And again the major issue that we've been dealing with is
boats docked and I would see that 1 would be a reasonable situation for I
this beachlot.
Farmakes: Well it's 1 or 2. 1
Batzli: Well we've got to come up with a number eventually.
Ledvina: I would support 1. '
Farmakes: There's a 50% difference.
Batzli: Or 100% if it's 1. Okay Ladd.
Conrad: I don't believe the boat launch is acceptable. I think the othell
requests are okay. Boats docked can be, well it's not docked. Boats on
land. I think we're asking how many can be on land, right?
Aanenson: Yeah. Some of those associations, I think it was like Pleasan
Grove, they had actually boats for fishing that they left on land and the
just brought the motors down. So it's question of should we qualify that.
They're always there. That's kind of what they do here. They tie them 1
or chain them up to a tree.
Conrad: So again, I think I'm okay with everything other than the boat '
launch.
Batzli: Do you want 1 or 2 boats?
Conrad: 1. '
Batzli: Both cases? On land and on dock? ,
Conrad: I think we're only, I was responding to a recommendation that,
I didn't think we were making a recommendation on the dock.
Planning Commission Meeting
March 17, 1993 - Page 59
Aanenson: Well you have to decide if you feel it's consistent. They're
saying that they had one dock. We're saying, whoever did the survey in
'81 saw one dock. The 45 feet again, that can fluctuate with the level of
the lake. What the ordinance says is 50 feet maximum or to get a depth of
4 feet. So really if you feel like that's consistent that they had a
dock, and he says they had a dock, if you feel that's.
Conrad: The dock's fine. Boat on land. One boat on land. Boats on dock
overnight, no. Swimming beach is okay. I find a conflict between the one
1981 inventory where we showing off street parking of 5 to 6 and on our
inventory in '81, '86 and '91 showing no, no, no. I don't understand
that. But on the other hand, I'm not hearing any neighbors complaining so
I guess I could accept the off street parking.
Batzli: Okay. Diane.
Harberts: Just no to the boat launch. Everything else I agree with. I'd
like 2 boats so I know where he's coming from.
' Batzli: Okay,
Mancino: Well after hearing you wise people, I'm for the dock. 10 off
street parking. No boat launch. 1 canoe rack. 1 boat on land. 1 boat
' docked. Is there anything else? I think that's it.
Batzli: Okay. I think what you're hearing so far is that we don't have a
' problem with your use other than the launch and what you need to do is,
what we're going to about to do, I get the feeling, is we're going to make
a recommendation. If you can present evidence to the City Council that
' your property was used as a launch back in 1981, you will probably
convince them to also include the launch but you haven't given us enough
evidence to feel comfortable giving that to you here tonight. If you can
find pictures. If you can have people come in. Whatever. What we've
' been trying to do is put the burden on the applicant. If it's above what
we thought was there, you have the burden to prove to us that it was used
in that way. We're not trying to take it away, something that you've been
' doing but you need to give us something so that we can hang our hat on it
and say yeah, go ahead and continue to use it that way. So between now
and when this goes to City Council, if you have a picture of somebody
launching their boat, whatever you know.
Harberts: Can it just be a written letter?
Batzli: Well we've gotten those from people as well. We've gotten
affidavits from people saying.
' Aanenson: Pictures, yeah.
Batzli: Pictures, whatever. But we didn't get really much of anything
and I think there was just a level of discomfort that by making it a
launch, you've increased the intensity. Whereas a couple boats on there,
fishing boats, things, that's not a real intense use. And that's what
this whole thing is intended to do is to keep these small beachlots from
1
Planning Commission Meeting
March 17, 1993 - Page 60
becoming real intense and irritating the people around them and over
crowding the lake. Okay?
Gary Carlson: I think we should accept your recommendation...
Batzli: Okay. '
Gary Carlson: Because two things will happen. First of all, when you say
launch, a boat and trailer...If someone sees that it's a, the only people
who will launch will be my neighbor...but if you say launch and I tell
everyone there's going to be a launch.
Batzli: Well we're going to say no launch in a minute so don't worry
about that.
Gary Carlson: If you say no launch, fine. '
Batzli: Okay. Do we have a motion?
Ledvina: I would move that the Planning Commission recommend the approva
of the Non - Conforming Recreational Beachiot permit application by Schmid'
Acre according to or consistent with the request and specifically with
these exceptions. The number of boats docked to 1. Number of boats on I
land being 1 and an exception to the request for a boat launch. No boat
launch.
Batzli: Is there a second? 1
Mancino: Second.
Batzli: Is there any discussion?
Ledvina moved, Mancino seconded that the Planning Commission recommend
approval of Non - Conforming Use Permit for a Recreational Beachiot for
Schmid's Acres with the continued use of one dock, 1 boat parked at the
dock, 1 boat parked on land, off street parking for 10, 1 canoe rack, and'
no boat launch permitted. All voted in favor and the motion carried
unanimously.
Batzli: When does this go to the Council? 1
Aanenson: It should be on April 12th.
1
PUBLIC HEARING:
CONCEPT PLAN TO REZONE PROPERTY FROM BG, GENERAL BUSINESS TO PUD, PLANNED.
U NIT DEVELOPMENT FOR EXPANSION OF AN OFFICE AND MANUFACTURING FACILITY
LOCATED AT 7900 MONTEREY DRIVE, WEST ONE EXPANSION, DOUG HANSON, WEST ONE
PROPERTIES.
Jo Ann Olsen presented the staff report on this item. Chairman Batzli '
called the public hearing to order.
Doug Hanson: I'm Doug Hanson. I live in Minnetonka. 1