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3. CUP portable chemical toilet on Minnewashta Heights beachlot 1 C I 'r Y O F PC DATE: August 5, 1992 3 iN C 11 A N 11 A CC DATE: August 24, 1992 1 k � CASE #: 92 -1 CUP By: Al -Jaff I ED 1 STAFF REPORT 1 PROPOSAL: Conditional Use Permit to Install a Portable Chemical Toilet During the Summer I t____ Season on a Non - Conforming Recreational Beachlot I Q V LOCATION: North of Lake Minnewashta and South of Shore Drive. Lot 9, Block 5, I J Minnewashta Heights. a, APPLICANT: Minnewashta Heights Homeowners Association I ti 6300 Dogwood Avenue Excelsior, MN 55331 1 I PRESENT ZONING: RSF, Residential Single Family 1 ACREAGE: Approximately 7,500 square feet DENSITY: I ADJACENT ZONING AND I LAND USE: N - RSF; single family Q S - Lake Minnewashta E - RSF; single family - I Q W - RSF; single family WATER AND SEWER: Available to the site. I 1: PHYSICAL CHARACTER.: The site is a riparian lot to Lake Minnewashta. I (I) 2000 LAND USE PLAN: Low Density Residential I 1 Ii il CATHCART M /NNEWASHTA VII PARK HE/GH TS PARK 0 0 0 ° o 7 =-1- 7 3 7 - 8 8 0 o c § T 0 2 o Q o ily Et "/ I' 1 ___,.....00 mr " t 1 I wri j. a ST. pip! ig 0 4 fi .,, UL...s i W ii wa. A t E� a ■ = ter' �.00 ' •�� 1%T c li • v-i, wif St - IS 1 711r 1 ...-. , ! -,-- , I il t WI ,. . A • -.E.7. M eV: E r. _ix ', Pt iWW-40 1■ 1 4 ;LAW .,,,, li ,.*) ,.........„....., -Filiiiioinifff',/,' gap �� ; �'!jj ice- '--f � �. 13 At. " 40"171,784y '� � + , - IA !' ♦.•a„•i+ "AID 1C, - Mt. 4 �lr'son* (/ ( LAKE lir �ra�- ■ it / I gr4 es- 7 � " LAKE 7 - lapar&AF i' 0 n Il :7.F,J_Ain-g-- , MI N N E W A S //TA . EMU Erff r t , : � REG /ONAL Int ; \ _ // - - - illk \._ 1 . , • .-7 thr,:, .. 1 P 1 ,44R - 1 1 .,. le - ii-Ek-,,..,, e' . pp i f . ' ( ar jr my . , " , : r \ . , ) A MO _ A . lky COUR W ASNT A I =� / triMil � / `�� DRIVE s 111.1{4► •► .i / ` . , Rte= \ , i..lp • cargo - ■A ,;---,.... !, Minnewashta Heights Beachlot 1 August 5, 1992 Page 2 PROPOSAL /SUMMARY 1 The applicant is proposing to install a portable chemical toilet during the summer seasons on the I recreational beachlot owned by the Minnewashta Heights Homeowners Association. This beachlot does not have a conditional use permit as it was created in 1953 and predates the Zoning Ordinance. 1 In 1981, when city staff conducted the beachlot survey, this recreational beachlot did not have a portable chemical toilet. Therefore, the requested portable chemical toilet can not fall under I the grandfathered -in status. Although this beachlot does not meet today's standards, it is extremely well kept. A redwood 1 fence is located to the southeast and southwest edges of the property. A sand blanket is located on the south portion of the property. The site also contains a canoe rack located to the southwest of the site which is the approximate location where the applicants are proposing to install the I portable chemical toilet. The portable chemical toilet is proposed to be enclosed in a framework of redwood on three sides with the canoe rack in front concealing the view of the door. Staff recommends that climbing vines be planted at the base of the framework on all three sides of the structure. Staff is recommending approval of the conditional use permit request with appropriate conditions. Background Minnewashta Heights subdivision was approved in 1953. There are approximately 74 homes in I the association. The beachlot is 7,500 square feet in area and has 50 feet of lake frontage. The beachlot does not meet the current minimum requirement of 200 feet of lake frontage or the I 30,000 square feet of area. This beachlot never received a conditional use permit as it predates the Zoning Ordinance, however; on July 13, 1992, this beachlot received a non - conforming recreational beachlot status. The toilet may be installed prior to the Planning Commission review I of this request based upon approval of the Planning Director. Conditional Use Permit 1 Section 20 -263 of the City Code, subpara. 16 allows portable chemical toilets as a condition of approval of a recreational beachlot. Minnewashta Heights Homeowners beachlot was never given a conditional use permit as it predates the Zoning Ordinance, however; on July 13, 1992, this beachlot received a non - conforming recreational beachlot status. The ordinance states that any use of chemical toilets on recreational beachlots shall be subject to the following conditions: 1 a. The minimum setback from the ordinary high water mark shall be 75 feet. Side and front yard setbacks shall be maximized to achieve maximum screening from adjacent lots and the lake. * The applicant is proposing to locate the portable chemical toilet at a distance of 1 76 feet from the ordinary high water mark of Lake Minnewashta, with an 8 foot setback to the west, 6 feet to the north and 155 feet on the east. The portable chemical toilet will be enclosed in a framework of redwood on 3 sides and a canoe rack concealing the view of the door. Staff is recommending that climbing 1 1 1 Minnewashta Heights Beachlot August 5, 1992 I Page 3 vines be planted at the base of the redwood framework on all 3 sides of the structure to maximize screening. b. It may only be used Memorial Day to Labor Day and shall be removed from the lot Y Y Y Y I during the rest of the year. * A copy of the service agreement has been submitted to the city. A date for I delivery of the unit has not been specified, however, the pickup date is September 8, 1992, which is the day after Labor Day. I c. It shall be securely anchored to the ground to prevent tipping. * The applicant has requested a Biffs portable toilet unit. Each Biffs unit is 1 mounted on skids which extend from the front and back 1 to 3 inches. To stake the units to the ground, they use 18 inch wooden stakes that are driven into the ground and then nailed to the skids on 2 sides of the unit. Also, building a I wooden shelter around the portable toilet to contain the unit will leave very little room to move or rock the unit, thus discouraging vandalism. 1 d. It shall be screened from the lake and residential property with landscaping. * As mentioned earlier, the applicant plans on providing a lattice framework on 1 three sides of the unit with an extension in front concealing the view of the door. Climbing vines are proposed to be planted at the base of the lattice on all three sides of the structure. A 42 inch oak tree located west of the proposed location 1 of the portable toilet will provide additional screening from Minnewashta Parkway. 1 e. It shall be serviced at least weekly. * The contract indicates that the unit will be serviced at least once a week by Biff. I f. Only models designed to minimize the potential for spilling may be used. O y ode1 s g ed p p g y 1 * Biff uses specially designed tanks that are designed so that the contents cannot spill out if tipped unless the tank is over half full. Furthermore, Biff uses I chemicals that are bio- degradable to be environmentally safe in case a spill did happen. I g. Receive an annual license from the City Planning Department. The license shall be issued unless the conditions of approval of this ordinance have been violated. All license applications shall be accompanied by the following information: 1 1 1 Minnewashta Heights Beachlot August 5, 1992 Page 4 1) Name, address and phone number of applicant. 2) Site plan showing proposed location. 3) Name, address and phone number of chemical toilet supplier. 4) Plan for commercially maintaining the chemical toilet, including a copy of any agreement for maintenance and the name, address and phone number of person responsible for maintenance. 5) A written description of how the applicant intends to screen the portable chemical toilet from all views into the property, including views from the lake. * The applicant has submitted all of the above requirements as shown in the attachments. Staff is recommending that climbing vines be planted at the base of the framework to provide additional screening. Although the applicants are seeking to intensify the use of the recreational beachlot by adding a portable chemical toilet on a beachlot that does not meet today's standards, the applicants have kept the beachlot well maintained. If improvements were believed to be necessary, in the opinion of staff, we would have proposed that these be required. However, upon review of the site, we find it to be satisfactory. The portable toilet will be at a reasonable distance from the high water mark of Lake Minnewashta and will be screened with a wooden framework as well as vegetation. The climbing vines will provide additional screening. 1 PLANNING COMMISSION UPDATE: On August 5, 1992, the Planning Commission reviewed this application and recommended approval with conditions outlined in the staff report with the exception of condition #5. Currently, there is a redwood fence that is located along the boundary of the beachlot. This fence provides the screening required by ordinance, therefore, it was unnecessary to require additional framing around the portable chemical toilet. RECOMMENDATION The Planning Commission adopted the following motion: 1 "The City Council approves Conditional Use Permit #92 -1 to allow a portable chemical toilet on Minnewashta Heights Homeowners Association Recreational Beachlot with the following conditions: 1. The applicant applies for a license from the city on an annual basis prior to installation 1 of the portable chemical toilet. 2. The portable chemical toilet shall only be permitted from Memorial Day to Labor Day 1 and shall be removed from the beachlot during the rest of the year. 1 1 1 1 Minnewashta Heights Beachlot August 5, 1992 Page 5 1 3. The beachlot shall be maintained in good condition in a manner consistent with previous approvals and current ordinance requirements. I 4. The portable chemical toilet shall be located in accordance with the application/plans received by the City on June 26, 1992. € ewr 1 ATTACHMENTS 1 1. Portable chemical toilet application. 2. Plan showing proposed location of portable chemical toilet. 3. Letter from applicant dated June 26, 1992. I 4. Copy of service agreement between Biff and Minnewashta Heights Homeowners Association. I 5. Planning Commission minutes dated August 5, 1992. 6. Staff report and Planning Commission minutes dated June 22, 1992. 1 1 1 1 1 1 1 1 1 1 1 CITY OF CHANHASSEN 1 690 COULTER DRIVE . CHANHASSEN, MN 55317 (612) 937 -1900 1 DEVELOPMENT REVIEW APPLICATION APPLICANT: I D ' 10.: .t. 41-0 - 11 � - e`ir l n4 OWNER* - . 1. !% /,111` A -/_� , /�( / ill ADDRESS: f_ Kt ADDRESS: 1 . t . 1' , Ce6 or :',33I III TELEPHONE (Day time) 4. 17 1 4 - t07 TELEPHONE: 4-1 - (07 1 1. Comprehensive Plan Amendment 11. Subdivision 2. Conditional Use Permit 12. Vacation of ROW /Easements 3. Grading /Excavation Permit 13. Variance 4. Interim Use Permit • 14. Wetland Alteration Permit 5. Notification Signs 9 15. Zoning Appeal 6. Planned Unit Development 16. Zoning Ordinance Amendment 7. Rezoning 17. Filing Fees /Attomey Cost 8. Sign Permits 18. Consultant Fees . 9. Sign Plan Review 10. Site Plan Review TOTAL FEE $ A list of all property owners within 500 feet of the boundaries of the property must l P P Y Included with the application. Twenty -six full size folded copies of the plans must be submitted. 1 8W X 11" Reduced copy of transparency for each plan sheet. 1 * NOTE - When multiple applications are processed, the a P pp p appropriate fee shall be charged for each application. 1 1 CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 937 -1900 ' PORTABLE CHEMICAL TOILET APPLICATION Homeowners Association Name M 1,111 _ Sh+,L HP ►n 4?5 ',``� `` Name of Person Applying ' rdt�'1 t-�1�r1�1 Yl Y'esi ritn+ Address 6 o() l,lrx)d hit E.Y0e tor HN 6 1 ' Telephone No. Daytime y 7N - (o 713 Evenin g y7 y -- 6 71 3 Name of Chemical Toilet Supplier _r 5r10.01114e.t1 Address J °0l u) (kWh S )i 11 P. Telephone No. � - 7 02 p 3 1 ' Name of Person Responsible for Maintenance 1 Tn('p rj'exra,Lr ' Address .r A k.. Telephone No. ( 435 - T a2) The following information must be submitted: 1. Site plan showing proposed location of chemical toilet. 2. A written description of how the applicant intends to screen the portable chemical toile from all views into the property, including views from the lake. 3. A plan for commercially maintaining the chemical toilet, including a copy of any agreement for maintenance. ' Approval Date 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 146 AN ORDINANCE AMENDING CHAPTER 20 OP THE CHANHASSEN CITY CODE CONCERNING RECREATIONAL BEACHLOTS THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: , Section 1. Section 20- 263(2) of the Chanhassen City Code is amended to read: Except as specifically provider? herein, no structure, ice fishing house, camper, trailer, tent, recreational vehicle, or shelter shall be erected, maintained, or stored upon any recreational beachiot. Section 2. Section 20 -263 of the Chanhassen City Code is amended by adding subparagraph (16) to read: Portable chemical toilets may be allowed as a condition of approval of a recreational beachiot. The maintenance and use of chemical toilets on some beachlots may be unsuitable because they cannot be adequately screened from residential neighbors or lake users. Any use of chemical toilets on recreational beachlots shall be subject to the following: a. The minimum setback from the ordinary high water mark , shall be 75 feet. Side and front yard setbacks shall be maximized to achieve maximum screening from adjacent lots and the lake. , b. It may only be used Memorial Day to Labor Day and shall be removed from the lot during the rest of the year. , c. It shall be securely anchored to the ground to prevent tipping. d. It shall be screened from the lake and residential property with landscaping. e. It shall be serviced at least weekly. , f. Only models designed to minimize the potential for spilling may be used. • 1 g. Receipt of an annual license from the City's Planning Department. The license shall be issued unless the 1/ conditions of approval or this ordinance have been i r05/01/91 1 violated. All license applications shall be accompanied by the following information: i) Name, address, and phone number of applicants. ii) Site plan showing proposed location of chemical toilets. iii) Name, address, and phone number of chemical toilet supplier. ' iv) Plan for commerically maintaining the chemical toilet, including a copy of any agreement for maintenance, and the name, address, and phone 1 number of person responsible for maintenance. v) A written description of how the applicant intends ' to screen the portable chemical toilet from all views into the property, including views from the lake. 1 Section 3. This ordinance shall be effective immediately u pon its passage and publication. ' PASSED AND ADOPTED by the Chanhassen City Council this 6th day of May , 1991. ATTEST: 1 Don Ashworth, Clerk /Manager Donald J. Chmiel, Mayor (Published the May 16 ( in he Chanhassen Villager on Y , 1991.) r 1 1 1 11 1 ■ 1 , , ' 8 red ciDC)(11 '''''' i el 1 . .11/.1- •-■:::—-.,- :- ---- \O . I „Ct`' • - . ...... •••■■•■INIE11111 P• ___ .?:” .., M 1 _ , ) 1.....■ NIP , .... tA Cal/picel eaNY --.v.- rot Vf)t,1j p i 0 6 rass -i- barV ■,:- . . Yinc 0 oirri eiviniintc,iiice, , 0 , . • . ______...... . ..\‘ J , P4 $4 b W\ , • , , ..-, s.. 0 . • - 'd v I 0 1 z ' ' ,... fo .. , , ,J cf , , a.) ?---.+.... ., ; ! 3 1 , u -' 1 ' ' • , . .....,.......... .....,_ — () ‘ , .,}.;:... ■ . i 10■ , ; -\\*•,4\.\." , . . • - - - .._ ______ INN INN MIMI MI MN Ns , Om AN ION i EN No am ; am RN - we am Ns mg , 1 1 ehailhan 6167619,z 1 1)e pr posed ('�e;ni as l on - e- La& g metvoshi i h leoch ilsocialion will be, 5crema on r 53de5, Three 51des by redhood 1 Ttilsn3 one ;c1.g 191 dance r e s I ••/6 C eni&z I ' -b+ ld is need der San reasans . 7a harnes &r c - be !c, io 46 +he asseletilon . Mein i &.a,! *o,i [l,,i// br'' Clued and rr)re'ed do aw - 1y bast Ina llama any r;eedkd re pa/r5. 1 1 1 i 1 1 1 1 1 1 1 1 1 POLICY AND PROCEDURES MANUAL February 5, 1992 BIFFS, Inc. - Service Procedures 1 SERVICE PROCEDURES Each time a portable restroom is serviced the following 1 procedures will be performed: 1. All waste will be pumped from the tank and rocks, , ice and other debris removed. 2. All surfaces will be scrubbed with the appropriate brushes and chemical solution from chest level down. 1 3. The floor will be cleaned of mud, ice and other debris and then scrubbed. 4. The urinal will be scrubbed inside and out including periodic de- scaling as needed. 5. Graffiti will be removed as much as possible weekly. 1 6. Fresh water and chemical solution will be added to tank: Light - medium use units: 5 -6 gallons Heavy use units: 7 -10 gallons Special Events: 7 -10 gallons 7. Deodorizing Spray will be used as needed. 8. Toilet tissue will be replaced or replenished. 9. Screens, urinal hose and seat will be checked. 10. Surfaces will be towel dried. 11. Ledges above screens and door will be wiped off. 12. Needed repairs will be done or if necessary scheduled for replacement or repair in the shop. 13. Proper and level placement will be confirmed. 14. Driver will sign and date the service log sticker in each unit. 15. If a unit is blocked or in some way inaccessible, a 1 No -Pump Service Procedure will be performed. A No- Pump procedure includes all of the above except the pumping. 1 1 1 1 ....._., ede- YF • ,inc. PORTABL RESTROOM SERVICE • MOBILE � .— 1 I MOILE OFFICES 1901 West 144th Street . Burnsville, Minnesota 55337 Telephone: 612 -435 -7321 July 28, 1992 FAX: 612 -890 -7258 II RECEIVED II City of Chanhassen JUL 3 01992 ATTN: Sharmin Al -Jaff CITY OF CHANHASSEN 690 Coulter Drive Chanhassen, MN 55317 II II Sharmin, In response to your request, this letter covers the service agreement we have with the Minnewashta Heights Beach Association. II The portable toilet on that property is serviced once a week. The termination date for that service will be September 8, 1992, if not requested before that date. II As to your question on the chemicals used, please find enclosed a Material Safety Data Sheet which covers what is used in accordance with the U.S. Department of I Labor. If you have any other questions, please feel free to call me. II Sincerely, , ata^ i 1 Linda Radcliffe II Office Manager 1 1 cc: Minnewashta Heights Beach Association i 1 1 t o' . • 4 `t U#4.1. 1 I i Material Safety Data Sheet U.S. Department of Labor May be used 10 comply with Occupational Safety and Health Administration d J CSHA's Hazard Communication Standard. (Non Form) 29 CFR 1910.1200 :.$tandard must be Form Approved consulted for specific requirements. OMB No 1218 -0072 • k Bl IGE'JTITY (As Used n Label and List) 1 Note: Blank spaces are not permitted. 11 any item is not a • P.',>r� :IE E DE FA;icab;e, G no information is available, the space must be marked to indicate that Section 1 Manufacturer's Name Ernerccnc1 Telephone Number • J & J CHEMICAL CO (305) f33- 7774 Ceres (Number, Street, City, State, and ZIP CoCe) Telepnone Number for Information • 2 I/ 600 NW 55th Ct. Suite 230 (305) 733 -7774 . F. laude dale, F1 33309 Date Prep4rrJ /88 Signature of Prcparer (optional) - 1 Section 11 — Hazardous Ingredients /identity Information Other umits Hazardous Components (Specific Chemical Identity; Common Name(s)) OSHA PEL ACGIH TLV ' Recommended % (op C A S NAi•W 1.5 PENTANEDIAL n/a 0.2PPM CEILING n/a n/a 0 A S #111-30-8 1 SENSITIZER. HARMFUL IF INHALED, ABSORBED T: :ROUGH THE SKIN, OR SWALLED 1 MIXING PROCEDURE: Mix 17 oz. per 100 gallons of Water - Summer 1 - 41/) 1 Section III — Physical/Chemical Characteristics E..2. -- - _,t ---/-•:'- F) , ^) 1 -- S:.ec.;c 3ra' :y ;H : - 1 ) t •.?..-.:, - •ess..•e ,rr.rr r.r, ' i • 15.w ( VA - i -- ens..; % I 1 Evaccra ::on Rase • c _. : •:I Acetate - 1) 0.S5 S 11 s t . ,n ,a :cr y. d :earn ce and Cci. •- ---- E LIC.ID CHERF;: OR ::7,2 3.I0,.. ^•t II Section IV -- Fire and Exp;osion Hazard Data -: ( et-c:..;sec) - NV :1:, -1r1U l.LUJz.J t..L.r - a ^ ..T..i� 2 iun`mS -,t D '' NE CL EVELA` :L try C I LTH I F.c, n c q ..SL 's.-.,1:1 F, S- .' , CARBON :T_OIIDE. r'RY :1C.,L . ALCOHOL OR UNIVERSAL FOAM ' a :=7, !.7FAF.:-.7....1 (=.."...: :7 4 ....AILA 7 -Lr TO FTR FIGHT VAPOR 1/ t ':-'7-- .J ..tior, V — Heactivlty Uata j '�.tability Unstable I Conditions to Avoid � AVOID EVAPORATION OF WATER Steidle - x 1 — Incompati��i6T an NevA DS AND ALKALIES Hazardous Decomposition or Byproducts .i BURNI �'G MAY PRODUCE CARBON MONOXIDE AND/OR CARBON DIOXIDE Hazardous May Occur Ccnd t ons to Av Polymenzatlon ! ?VOID R E'•?OVAL OF WATER AND CONTACT WITH ALKALIES - nJill riot Occur I I X I Section VI — Health I tnzard Data _ Route(s) et Entry. R 't' F A'I WASH wTi'H SOAP & WATER: DO NOT 1t i Vei VOMITING _ HL•3 ;n Hazards (Acute and Chronic) GIVE 2 GLASSES OF WATER & SEEK €DICAL . ADVICE. i Carcinogenicity: NT ?? IARC Monographs? OSHA Regulated? NO NO NO I Signs and Symptoms of Exposure POTENTIALLY ,� PROLONGED OR REP CONTACT COULD RESULT IN OT�rTIALLY HARMFUL AMOUNTS O. MATERIAL, VAPOR IS IRRITATING. LIOUID TO EYES WILL CAUSE SEVERE INFLAMATION. I Medical Conditions ,.� t. Generally Accrava:ed by Exposure NONE 0.+ KNO N ' - Fr - C: . 1 i MIN . 1T T _' vA i.LT OWED .z.•,;acaG:.. i s;-.r c: �_z ;�,_ =? FOR 15 . r0i? S'r :T ?�', WASH WITH SOAP & t�A_ r S' GIVE 2 ^- ,cc- TER. DO NOT 'C::ITI.:G. 7 7 INHALED,REMOVE TO FRESH AIR. Section VII — Precautions for Safe Handling and Use ir _„1: t'.rA :J 1' ":1•-•'-' ..• :"`'•-'•1• S :e:s',n; ^ , s �_ Y _ ,. }•^ =RS. LOW CONCENTRATIONS �CP�` )CA;I 3. _� :.iC _e � : i .., sa .,•O� �1�� :Al::7i _� NATURAL ,1,A. � -• .,EGR?,DED IN A BT ^L CGICAL TREyTM': T SYST_M. SMALL SPILLS CAN BE FLUSHED WITH LARGE QUANTITIES OF ,.'ATE R. LARGE SPILLS SHOULD E COLLECTED FOR DISPOSAL. 2s:e C.sccsa Method TC I ,E^ONTAMINAT ?Y CAREFUL _FPr T CAT=0`r OF AC::OUS SODIU?? HYDROXIDE. SMALL A : :��rr�11 ...GRADED TN A TREAT�•1FNT 7T 1N_ . .....11f -r 'NTO HOT _NCT_N' R.ATOR FIRE. -� t+t.r, trcv Pre.:_, t:cBREATHING ~ s to Be Ta <en in Harclirq arc 2O. Sv r ^'' R - ,.0_D BREATHING VAPOR. •rO. G _�, _ _1 EYES,CR SKIN OR ON CLOTHING. CONTAINER E 1 L.JSED. I iSG t'" : ADEQUATE +`.•t•.+...ATIQ•V. :.:ASH THOROUGHLY AFTER HANL.._NG. C.:v er Precau:.cns ., - ! A rr'r, (Z, ^ ' r“ c'_Z._ n 1',:1 71' V-r^? C,7 rh; "C \ : ^. ^`• ;rti\'�f T1 1 Sectlori VIII — Control Measures I Resc:ra :try Protection (Saoc.y 7 cei ATR SUPPLIED '! SK :N HIGH CONCENTRATION er.ti.aticn Lc al Exhaust I Spec:at AD701;AT7 IF VAPORS IRRITATING I Mecranlcai (Genera.. `, i Other x Prc :ec : :ve G Dues Eve Protection R; iq'=“ _ -- VAPOR PROOF ^ < ' ES - �H ;y,n :., : mot: ES WHEN HANDLING ;e 2 e1.1.5. Go.••n,.••nt •.,.tiny pnta, 1117- 111•5 :4•6 • r-- :0• 1 ‘ r'' CITYOF CHANHASSEN 6 90 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 1 Make IN CIO MMINNMP .r,4;,o,t MEMORANDUM : ha Submitted to Comm TO: Planning Commission _ iubirrtttid 1P Cout FROM: Kate Aanenson, Senior Planner DATE: June 22, 1992 1 SUBJ: Minnewashta Heights Non - Conforming Recreational Beachlot 1 Minnewashta Heights subdivision was approved in 1953. There are approximately 74 homes in the association. The beachlot is 7,500 square feet in area and has 50 feet of lake frontage. The 1 beachlot does not meet the current minimum requirement of 200 feet of lake frontage or the 30,000 square feet of area. A survey by city of the beachlot was undertaken b ci staff in 1981 and it showed that there was 1 dock (150 feet in length), with a total of 6 boats at the dock with room for 14 boats. The survey in 1981 showed there were two canoe racks (with space for 12) noted. There is a swimming beach and a swimming raft, all of which appeared in the 1981 survey. The location of the docks appears that it meets the dock setback zone, but it also appears to be 1 at the absolute minimum. The setback zone requires a 10 foot setback from the adjoining property. This beachlot also has a swimming beach and raft, with only 50 feet of lake frontage. It appears that it may not be safe to have a swimming beach in a beachlot with only 50 feet of E. frontage. The swimming beach needs to have buoys installed to delineate the beach area. The association is requesting 14 boats docked and 2 canoe racks with boats. The association 1 have provided documentation of the number of boats approved, by the association to be docked going back to 1972. In 1981, the association minutes shows 17 names approved for docking. 1 1 t4, PRINTED ON RECYCLED PAPER 1 1 Minnewashta Heights Beachlot June 22, 1992 Page 2 1 SUMMARY The association is requesting what they feel is the 1981 status quo of their beachlot with 1 dock, 150 feet in length, 14 boats to be docked and two canoe racks. 1 PLANNING COMMISSIN UPDATE At their July 1, 1992 Planning Commission meeting the Commisson recommended approval of the non - conforming recreational beachiot for Minnewashata Heights. The Planning Commission recommended 14 boats, to be docked, as requested by the assocation. The Planing Commission 1 felt that even though there were only six boats noted in the 1981 survey 14 boats appeared consistent with the documentation provided by the associaiton. The Planning Commission also approved 2 canoe racks, 1 dock (150 feet in length) and they requested that the swimming beach be marked with bouys if it will enhance the the safety. ATTACHMENTS 1. Beachlot Application 1 2. Summary of Beachlot Inventory 3. Minnewashta Heights Community Council Minutes 1 1 1 1 1 1 1 1 NON - CONFORMING RECREATIONAL BEACHLOT PERMIT I ASSOCIATION P.C. CITY COUNCIL REQUEST RECOMMEND ACTION Association Minnewashta Heights Lake Minnewashta 1 • Number of Homes 74 Size, square feet 7,500 Shoreline 50' 1 Motor Vehicle Access no no Off - Street Parking no no Boat Launch no no 1 Buildings not requested 1 Seasonal Dock 1 1 150' 150' Canoe Racks 2 2 Boats on Land 0 0 i Boats at Dock 14 14 1 Boats Moored not requested Swimming Beach yes Marker Buoys no shall be required if they will 1 enhance the safety Swimming Raft yes Miscellaneous 1 1 1 1 1 CHANHASSEN PLANNING COMMISSION 11 REGULAR MEETING AUGUST 5, 1992 I Chairman Batzli called the meeting to order at 7:35 p.m.. MEMBERS PRESENT: Ladd Conrad, Matt Ledvina, Steve Emmings, Brian Batzli and Joan Ahrens MEMBERS ABSENT: Tim Erhart and Jeff Farmakes STAFF PRESENT: Paul Krauss, Planning Director; Kate Aanenson, Planner II; and Dave Hempel, Sr. Engineering Technician II PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A PORTABLE CHEMICAL TOILET ON A RECREATIONAL BEACHLOT FOR MINNEWASHTA HEIGHTS HOMEOWNERS ASSOCIATION. II Public Present: Name Address Bill Hickey 6301 Elm Tree Avenue Paul Krauss presented the staff report on this item. Chairman Batzli called the public hearing to order. II Bill Hickey: Good evening my name is Bill Hickey and I'm the Vice President of the Minnewashta Homeowners Association. I really don't have anything to add other than what the staff report contains. I'm here primarily to answer any questions or concerns that the Commission might have regarding this particular application. I would note that I spoke with Tom Huntington who is the President of our Association and he has spoken with both of the neighbors to the adjoining land to our beachlot. Both of whom voice no concern about the portable toilet use at that site. II Batzli: Thank you. Would anyone else from the public like to comment on this conditional use permit? 11 Ledvina moved, Emmings seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. Batzli: Ladd, do you have any questions? II Conrad: There are no, are there any homeowners here in the Association on either side of the outiot? 1 Batzli: Nope. Conrad: Paul, your comment, I wasn't quite sure on the fencing. The fencing you recommended, you don't know that it should be up? I guess I'm not sure. II Krauss: I didn't get a chance to...defer to your judgment but we had assumed that that was illustrative of additional fencing... 11 1 Planning Commission Meeting August 5, 1992 - Page 2 Conrad: What kind of fencing is that? Krauss: I believe it's redwood. Yeah, and that's true. We do have some II photographs of the approximate location. Conrad: Okay. What's the renewability on these portable toilets? Is it 1 forever? Until there's a problem? Krauss: With annual licenses. 1 Conrad: It is an annual? Batzli: An annual. That's what our ordinance. We put in our ordinance. I Conrad: But we won't see that? 1 Batzli: Right. Krauss: As long as it's in compliance with the conditions, it's an 1 administrative approval. Conrad: Okay. I don't have any more questions. 1 Ledvina: Let's see then. One of the conditions is that climbing vine shall be planted along the base of the portable chemical toilet's wooden 1 framework. So you're recommending that this be omitted? Krauss: Yeah. If there's an acceptance that additional fencing isn't required, that's not necessary. 1 Ledvina: Well I guess I wouldn't have a problem with omitting that item seeing that there is a opaque fence surrounding this thing and the neighbors don't have concerns with the way it exists right now. Is that II right? They have no concerns, the neighbors as to how it's sitting there right now? Bill Hickey: That's correct. Ledvina: Okay. 1 Batzli: Matt, can I interrupt for just a second? What happens if for example since the fence really isn't a part of this application anymore and 1 we take the part out about the climbing vine, what happens if they remove that fence and put in something else? Krauss: They're required by the conditions in the ordinance relative to 1 chemical toilets to have it screened. Batzli: But we put in some of the conditions into our CUP but we haven't II put all of the conditions in there. Why did we choose some of them? You know we put in the Memorial Day to Labor Day prohibition. We put in annual basis to renew the license. Why didn't we put those other things in there? 1 Planning Commission Meeting August 5, 1992 - Page 3 1 Krauss: We probably ought to or have a catch all that says compliance with conditions contained in the ordinance. Batzli: I'm sorry Matt, go ahead. II Ledvina: Okay. Well I guess then if I'm reading the staff's opinion of this recommendation, then number 5 would be omitted. Is that correct? II Krauss: Correct. Ledvina: Okay. No other items. II Batzli: Okay. Steve. Emmings: How long, you've had a chemical toilet down there in years past II haven't you? Bill Hickey: We did not last year but the year before there was one. Emmings: I guess, you know I live just 3 or 4 houses, 4 or 5 houses I guess west of this thing and I've never seen it and it sure has never been I a problem of any kind. It looks like an appropriate thing to me. Batzli: Okay, Joan. Do you have any other questions? 11 Ahrens: No. As long as the conditions are complied with. I don't have any problems with it. II Batzli: Okay. I don't have anything else other than I would like to see, yeah. Steve was pointing out that in condition 4 we do have a location restriction that if they moved it but I guess I'd like to see compliance with the ordinance or some kind of thing in there. I think that would. II Ahrens: That should be standard for all. 1 Batzli: Yeah, I agree because otherwise I don't like putting in some of the conditions and not others because then it looks like we're doing something different than what the ordinance would require. Having said I that, is there a motion? Emmings: I'll move that the Planning Commission recommend that the City Council approve Conditional Use Permit #92 -1 to allow a portable chemical toilet on Minnewashta Heights Homeowners Association Recreational Beachlot. It will be conditioned by their compliance with all of the conditions in the ordinance and the specific conditions as set forth in the staff report. 11 Batzli: Numbers 1 thru 4. I Emmings: 1 thru 4. Ahrens: Second. 1 11 Planning Commission Meeting August 5, 1992 - Page 4 Emmings momved, Ahrens seconded that the Planning Commission recommend approval of Conditional Use Permit *92 -1 to allow a portable chemical toilet on Minnewashta Heights Homeowners Association Recreational Beachlot with the condition that it comply with all conditions in the ordinance and the following specific conditions: 1 1. The applicant applies for a license from the city on an annual basis prior to installation of the portable chemical toilet. 2. The portable chemical toilet shall only be permitted from Memorial Day to Labor Day and shall be removed from the beachiot during the rest of the year. i 3. The beachiot shall be maintained in good condition in a manner consistent with previous approvals and current ordinance requirements. II 4. The portable chemical toilet shall be located in accordance with the application /plans received by the City on June 26, 1992. All voted in favor and the motion carried. PUBLIC HEARING: 1 NON- CONFORMING USE PERMIT FOR A RECREATIONAL BEACHLOT FOR LAKEVIEW HILLS APARTMENTS HOMEOWNERS ASSOCIATION. 1 Public Present: Name Address 1 Del & Nancy Smith 9051 Lake Riley Norbert Lickteig 9111 Lake Riley Blvd. E. Kottke 9221 Lake Riley Blvd. I/ John Bushey 9000 Riley Lake Road Ray Luis 9071 Lake Riley Blvd. Kate Aanenson presented the staff report on this item. Chairman Batzli called the public hearing to order. Batzli: Would the applicant like to be heard at this time on this application? Anyone from the public like to speak on this particular application? For or against. 1 John Bushey: My name's John Bushey. I live at 9000 Riley Lake Road in Eden Prairie on the chart there and immediately to the east of the beachiot li as indicated. I guess I'd like to comment on the uses as they exist now. I'm in a pretty good position to observe at all hours and I get a chance to observe at all hours. As staff has indicated, it's a unsecured and unsupervised beachiot with a lot of I guess you'd have rambunkish action II carrying on at all hours of the night. I can't comment on what the status of the dock was in '81. I've lived there since '85. But there have been a number of delapidated docks since then. Different ones built by, as I discovered last night, the most recent one was built by a tenant. That's not necessarily provided by the Association or the apartments' owner. I CHANHASSEN PLANNING COMMISSION REGULAR MEETING JULY 1, 1992 Chairman Batzli called the meeting to order at 7:30 p.m.. MEMBERS PRESENT: Matt Ledvina, Brian Batzli, Jeff Farmakes, Ladd Conrad and Steve Emmings. Tim Erhart arrived during discussion of item 3. MEMBERS ABSENT: Joan Ahrens STAFF PRESENT: Paul Krauss, Planning Director; Kate Aanenson, Planner II; and Tom Scott, City Attorney PUBLIC HEARING: NON- CONFORMING USE PERMIT FOR A RECREATIONAL BEACHLOT FOR MINNEWASHTA HEIGHTS HOMEOWNERS ASSOCIATION. Public Present: Name Address Mary Jo Moore 3231 Dartmouth Drive Tom & Ann Merz 3201 Dartmouth Drive Michael G. Plehal 6210 Elm Tree Avenue Tom Huntington 6300 Dogwood Avenue Mary Onken 6221 Greenbrier Avenue Mick Saul /Sharon Carlson 6321 Dogwood Avenue Richard Nelson 6241 Elm Tree Avenue William Finlayson 6320 Fir Tree Avenue Kate Aanenson presented the staff report on this item. Chairman Batzli called the public hearing to order. Batzli: Is the dock encroaching in the dock setback area? 11 Aanenson: No it's not. It's at the minimum, 10 feet. Yes. Batzli: Boats then are on the opposite side away from the setback area? Okay. We're going to open it up to public comment now. Again, if you'd step up to the microphone and give us your name and address, if you'd like to address the Planning Commission. Mary Jo Moore: Mary Jo Moore, 3231 Dartmouth Drive. I've been here a number of times and I guess quite honestly I don't want to be here. I don't want to be fighting neighbors. The Heights I realize is one of the oldest established neighborhoods with a recreational beach and even though there's a setback, the docks are set like T's with lifts and to me, from the lake, it looks like they are encroaching on the property owners. The adjacent property owners. It also, to me appears that they've expanded substantially in the last. Whoops, I lost it. They've expanded substantially plus they've added a raft that's right out from these docks and these boats and to me it's unsafe. I personally keep quite a distance from it but I don't know if other people coming in would keep a distance. At any rate, I think any expansion is out of the question. This is a very small lakeshore lot and I recommend or I request, my opinion is -that it 1 Planning Commission Meeting 1 July 1, 1992 - Page 2 should not be expanded beyond '82 and I realize it's been there for a number of years. One of the first. Thank you. Batzli: Thank you. Now you aren't at one of the adjacent properties but 11 you do live on the lake? Is that correct? Mary Jo Moore: Yes. I'm a lakeshore owner. I do have an association on II each side of me however. Bill Finlayson: What is her address? ' Batzli: I'm sorry, could you give your address again. Mary Jo Moore: 3231 Dartmouth Drive. I'm in the Shores. 1 Batzli: Thank you. Would anyone else like to address the Commission? Bill Finlayson: I'm Bill Finlayson. I'm the Beach Chairman for the Minnewashta Heights Beach Association. I live in Minnewashta Heights. 6320 Fir Tree. I have a number of, well maybe I do. These are documentation of our. Emmings: We have it in our packet. Aanenson: I made copies of it. They have it in their packet. Bill Finlayson: Oh good. Okay, fine. These are documentation of the pas" years of people who owned boats and people who had boats... Minnewashta Heights is an association of approximately 73 homes. The centerpiece of that association is Lot 9. A well maintained lakefront property where our" members can swim and boat and enjoy Lake Minnewashta. We have good relationships with our neighbors and take any concerns that they may have seriously. Over the years we have made boat slips available to our member and we've always regulated the number of boats that can be put at the dock We've always in the past been able to accommodate those members who would like to have boat slips but as of last year all slips have been used and we are currently running a waiting list of one person. In 1981 the Heights had 17 people signed up for boat slips. Today we use the number 14 as our , number for what we use. We haven't grown over the years. We've always been, worked with that number or approximately thereof. And we've always tried to keep those numbers constant. I don't understand what Minnewashta Shores is feeling that they are being encroached on their property. Mary Jo Moore: I'm speaking on my own behalf. , Bill Finlayson: I understand. She mentioned a swimming raft. The swimming raft has been there for, I don't know. Probably more than 10 , years. It's always been there as far as I know. It's the same as any swimming raft on Lake Minnewashta. It's in it's proper spot anchored to the bottom and it has reflectors all the.way around the raft. That's the same as any swimming raft you'll find out there. I don't understand how that ever even came up. I believe that's all I have right now. Is there any questions that I can answer from you people that you have? Planning Commission Meeting July 1, 1992 - Page 3 I/ Batzli: Are you requesting room for 14 boats or 17? Bill Finlayson: We are requesting room for 14 boats. In 1981 we had 17 boats signed up. I believe the count was 6 and room for 14. We've always used the number 14 pretty much as our number that we work with. Batzli: Did you move in in 1987? Bill Finlayson: I moved in in, let's see. Approximately 6 years ago. What would that be? Batzli: That was just the first time your name showed up on the list of boats. That's why I asked. So you weren't around in '81 but you have been 11 there since '87? Bill Finlayson: Yes. Batzli: Okay. So you're relying on these documents to tell you how many boats there were back then right? Bill Finlayson: Yes. Which is fairly good documentation. Batzli: Okay. 11 Bill Finlayson: Some of those names on the list don't live there anymore. Are gone now. 11 Batzli: Okay. I'm sure if we have more questions, we'll speak up. Would anyone else like to address the Commission? Tom Merz: My name is Tom Merz and I live at 3201 Dartmouth Drive. The purpose of my coming here again is, if everybody truly understands what we did for '81 and how we arrived at that baseline. And as I sat here last week and we talked about Pleasant Acres and we talked about the baseline means the amount of boats in the water. And baseline in 1981 and the purpose of that, to go back. I don't know if anybody wants to go back but there was a lot of reasons why we arrived at the 1981 baseline. If 11 somebody would like me to review that, I can go on. If that's a moot issue, then we don't need to. Is anyone not familiar with how we arrived at those figures and how it was a compromise with Carver County Parks. It was a compromise with what they called a riparian /non - riparian homeowners. It was a compromise with the outlot owners. I mean are all of you people kind of aware of how that arrived? And even you people are sitting here asking for? Emmings: Maybe we don't. My understanding of why we're using '81 is that's the year that we first had a beachlot ordinance so that any beachlot that was established after that date had to be under the ordinance and any other beachlot was grandfathered in at that point. That's what's been explained to us by staff. Tom Merz: Okay. The reason for this whole thing, and because I've been involved in. 1 1 Planning Commission Meeting July 1, 1992 - Page 4 Emmings: Now when you say the reason for the whole thing. 1 Tom Merz: The reason for the '81 baseline, okay. The reason for the '81 baseline was, at some point we had to arrive at what we called a riparian II and non - riparian use of the lake. Riparian being for every 20 acres of lake there is an access for a boat, there's a non - riparian. And riparian on the homeowners, non - riparian is the non - lakeshore owners. And if you gll with DNR rules and regulations, they say that the non - riparian use for a lake such as Minnewashta is 1 boat per 20 acres. Surface acres of lake. There's 700 acres of lake. There's 35 boats should be the non - riparian usil of that lake. I mean this is part of a DNR document and that's how they establish access. With that then, all of the people in Minnewashta, so we had Minnewashta Heights and all of the different organizations came up with an agreement. Is let's try to maintain this use. We had number one was J1 Carver County Parks came in. Carver County Parks came in and they wanted total of about, they were asking for, let's say they could have gone up to 60 -70 boats. We maintained and agreed that to, if Carver County would restrict themselves to their 15 and 25, 40 boats, that then we would go II back to all of the existing, what we called outlots and we would freeze them at the 1981 baseline. We would then, by that control there was no more access to Lake Minnewashta. So that established it. We had a DNR II regulation of somewheres around 40 boats. By the time we had, the park came in at 45 boats and by the time we had the 3 or 4 different acres, we were up to almost 90 boats. So we were 2 times let's say the DNR II regulation for a, what they call a non - riparian use of the lake. And the purpose of this was for all of us, we saw Carver County Park as something that would be our biggest ally or our biggest enemy and how would we control that. Well they agreed to those type of guidelines so long as we would maintain the rest of the lake through no more access to it. Through maintaining what outlots that we had with what we called a grandfather clause. So that's how we arrived at the 1981 baseline and that was the purpose of this thing. So when we talk about expansions, you wonder why. mean I have no reason to come here but to say that when we allow last time, we went from the Pleasant Acres. They went from 6 to 10 boats so I say well we go up 40%. Excuse me. My mouth is a little dry. We go up 40% so what happens then is theoretically in my mind we come back to Carver County that all of a sudden is our biggest ally and they're going to say, well you're increasing all of these outlots. All of this other access to the II lake. Therefore we want to take our access and bring it up 40 -50 %. So we can have another 30 -40 boats on there. Well I think that defeats what all of us are here for and that's my primary purpose is to maintain the qualit of the 'lake we've got and we've done that through this 1981 baseline. And. as you allow increases to this, you're opening up something that we're all going to. I mean we who have kind of agreed to maintain that lake will find something that in the future we're going to overuse that lake so. That's my purpose. The second reason, if you ask my opinion on that lot, to drive down that lake and to look at one, what is it, 50 foot? I think it's 50 foot and you see 14 or 15 boats or 17, whatever's on that and you II see all of the adjoining homes that have 2 boats, I mean that's not right. Why should people have to drive on that lake and look at that type of a congestion on an outlot? They have access for maintaining their 1981 baseline through coming the park just like anybody else. I think. 1 i Planning Commission Meeting July 1, 1992 - Page 5 11 Emmings: How does this help us know what they had in 81? That's our problem you understand. If we know what they had in 1981, we'll leave it there. The problem is documentation of that. Tom Merz: Yeah. So the burden that we agreed last time, the burden of proof. We had documentation that says, I don't know whether there's 14. If there are 14 boats and they're not asking for an increase, I have no problem with that. If there's 13 boats and they're asking, and we have the documentation that says there's 14 boats, I mean it's up to other people to prove. The burden of proof is on them to prove that they have 17 or 18 boats. Whatever they're asking for. So all I'm asking you is to maintain that '81 baseline for those specific reasons. It's an overall plan of controlling the lake. Anything else? Batzli: Let me ask you one question. Is this baseline agreement with the Park, is it in writing somewhere? Is it, I mean who came up with this? Tom Merz: There's a guy by the name of Mike Litticoat and through his other people from the Park. I mean I served on when Naegele sold the park to Carver County and then Carver County had, what they tried to do was develop this park. So we had a park development committee for the next 6, 7, 8 years. And finally in about 1981, the agreement was just with, they started out with 15 boats and that little mini and then they asked for an 11 increase. When Naegele sold the property to them, the condition on the property sale was that they would only have 15 boats of 15 horsepower or less access to that lake. Minnewashta, the Park came back. This was about 11 '65. Maybe in about '75 they said that they wanted to increase this useage and so at that point it was stalled until about 1981 and then it seemed to be an agreement that we would all live by. Well, if you talk to Carver County, that's an agreement they're willing to abide by and I think that for the rest of us, once we break those guidelines rules, on what basis can we hold them to their agreement? So the man you would contact is Mike Litticoat. You talk about Carver County Parks, we don't have any more than an agreement with. We have a conditional use permit with the City of Chanhassen. Carver County and City of Chanhassen have a conditional use permit and in that conditional use permit there's a total of 35. 15 and 25, 40 boats. That's all they're allowed to use and they control through the trailer accesses that they have in the park. Batzli: Who is this Litticome person? 1 Tom Merz: Litticoat is the head of Park and Recreation for this District. I mean for the Carver County. He is the head man for Carver County Parks. Emmings: As part of that effort, were there any surveys done on the lake to see what the, you know how many boats were at what places on the lake and particularly in the beachlots? Tom Merz: I think only it was Chanhassen's, when you, somebody went out and made a count of the boats at that time. I don't think there was anything more sophisticated than that. And it was boats in the water and last time you went with, the way 1 interpretted what you did last time was you took the 12 boats in the water and you took the 5 boats, or 5 and 5 is 10. So you gave them a total of 10 boats. -Well, in essence those boats 11 Planning Commission Meeting July 1, 1992 - Page 6 that weren't in the water were not part of that '81 baseline. And I don't"' know what Minnewashta Heights has here. But that's what I know. That's what we fought so hard for and that's the purpose of this whole thing is to, there's a purpose of it. There's a plan and if you check with Carver II County and if you check with the City of Chanhassen, they have a conditional use permit or a permit. Whatever it's called, with Carver County Parks and that spells out the amount of boat access. That spells out that we have closed all other private access. Private or public acces. to Lake Minnewashta and all of the access comes through the park. Does that make sense? I/ Batzli: No. It's interesting information that I haven't heard before. Emmings: Are you aware of these agreements or documents? 1 Krauss: I've had occasion to work with Mike on a number of, well a number of instances. In fact he's been down here before you on occasion for park expansion projects. And Mike did explain to me that there is a CUP betwee the Park Board and the City. It does limit their, there's 2 boat landings. They're limited in size and I think they're also limited to the size of til motors that can be put in on each one. And it was under those guidelines that the City authorized the Park to go forward. I'm not aware of any recipient agreement that binds the City to anything. It's a CUP and there may have been some understandings but as Mike explained it to me, it was all CUP for the Park to build their facility. Batzli: Okay. Thank you. Tom Huntington: Hi. I'm Tom Huntington. The President of the Minnewashta Beach Area. Actually the Association. Just one comment to bring us back on focus that we're talking Minnewashta Heights here. We're not talking expansion. We're talking 14. Not the 17 that we had documented in 1981 0 actual people that were on the lake and had their boats in our area. And I just wanted to be clear and reiterate the fact that it is based on the ruling that the way I understand it, from what I've read, is that we are tig go back on the 1981 number of boat counts that were on the area at that time. And we have documentation to back that up if need be or actually people that we can contact if that has to be done. Any questions? Conrad: Yeah. Our inventory pretty much tracks those docked when we did it and that's a point in time. 6 in '81. 6 in '86. 7 in '91. 1 Tom Huntington: Is there something where you? Conrad: ...saying there were 14 boats. 1 Tom Huntington: Well actually 17 as of 1981. Conrad: Those were assignments. Were there boats on the water? Tom Huntington: Actually I am newer to the neighborhood. I've been in tit neighborhood for 5 years. I couldn't actually say myself but what I understand. 1 1 Planning Commissi 11 Planning Commission Meeting July 1, 1992 - Page 7 Conrad: You see that's real important for us. We're trying to be as fair as we can but boats on the water is a really key issue. Bill Finlayson: Yes but your counts are...don't know how many boats were out, at the dock at the time or. Basically what your count. 1 Tom Huntington: If somebody went down today. Bill Finlayson: If you asked the same question, were there actually boats there? Then we'd have to give you the same answer. We don't know without... 1 Conrad: The only thing I'm raising is, it's real consistent, our records. If they weren't consistent, then I'd sort of... Emmings: I can tell you this. I can see this from my house. This beachlot and there's no question in my mind that 7 boats for '91 is wrong. That is dead wrong. It's way short. There were at least twice that many boats there. Tom Huntington: Yeah, so that visual count there was not accurate and I've been on the lake for 5 years and I know last year... Emmings: It's also very clear. Bill Finlayson: Also, the record keeping gets much better since I took over in 1991. We had 14 boats. They're maybe not in all the time... Batzli: Is there anybody here tonight who is in the homeowners association or was around back in '81? Tom Merz: I've been in that area...I've lived there from '70 -'75. In 1981 1 there were 14 boats there, what does our record say? How many were in the water then? Conrad: 6 boats. Tom Merz: ...prove, the burden. That's what we said all... The burden of proof has got to be on somebody else., They've got to come up with the... Well prove it. Not us. Conrad: Well Tom, just so you know the Association has given us a listing of individuals who were assigned slip positions throughout for the last 15 years or whatever. Tom Merz: Kind of like the ordinance we had before that said we had access because they were part of the covenants... Everybody had access to the beachlot. That was part of the covenants. That was the argument before and we're giving everybody...on this '81 baseline and all we're doing is destroying it for ourselves. You look at me. I'm really not the bad guy here and I hope you don't come out, I don't care. I really don't care but I think the long range plan... 1 1 1 Planning Commission Meeting July 1, 1992 - Page 8 Bill Finlayson: It's important to note that the '81 count that said 6 els mentioned the number 14. Tom Merz: I'm asking who mentioned 14? The City? Batzli: Yeah, the City. , Tom Merz: The City... Batzli: Okay, would anyone else like to address the Commission? Mike Plehal: My name is Mike Plehal and I live in Minnewashta Heights. Mil address is 6210 Elm Tree Avenue. My wife and I have lived there for about 3 1/2 years. Looked in there. We wanted to be on a lake but are unable to afford it. It's our first home but the access and the boat slip availability was very appealing to us. So I just want to make sure that before any decisions are made, a number of us came into this area keeping that in mind and we looked at the home and decided on the home and bid on the home knowing that there were really plenty of boat slips down there. ji And if there was a year or two waiting period, that that really wouldn't b a problem. But that's a very, very appealing thing to us. Particularly that particular area I think is just straight middle class and you go down" to the lake and the value is twice probably or more compared to the rest o the houses right within the neighborhood. Emmings: Let me ask you a question Mike. I walked down there tonight on the dock and where I see your assignment is for '92. Do you know what thi map looks like? You're assigned number 4. Mike Plehal: Yes. 1 Emmings: Your slip is right next to the main dock on the inside. 1 Mike Plehal: Yes. Emmings: And now there was a boat lift there and no boat when I.was there" Mike Plehal: Right. The storm that came through here about 2 weeks ago, we happened to be up north at the time. Broke the boat free from the lift il and. Emmings: The lift looked like it was bent out of shape. Mike Plehal: Yeah. It totaled both the lift and the boat. Emmings: And so where's your boat? , Mike Plehal: The boat is totaled. Emmings: Okay, and it's gone off the lake? 1 Mike Plehal: Yeah. We pulled it off. 1 Planning Commission Meeting July 1, 1992 - Page 9 Emmings: If the City went down and counted today, they'd see no boat. They'd see a spot. There's a lift. There's kind of a lift that looks like it's seen better days sitting in that spot but there wouldn't be a boat but there'd be a space. Conrad: I don't have a problem. I think that's real clear. You see a lift. Emmings: I don't know if it's always so clear. And if it was clear in '81. Conrad: Did they have boat lifts? Emmings: I think so. Mike Plehal: That's all I have. Emmings: Alright, thank you. i Batzli: Would anyone else like to address the Commission? Rich Nelson: Yes, my name is Rich Nelson. I live at 6241 Elm Tree Avenue with my wife Nannette and we like Mike just moved in recently. Much more recently than he did. March of 1992. And again, I guess our big decision in moving into the area was the access to the lake and when you see on the 11 map that you have there, the boat lift. Or I guess the spot that I'm assigned, my boat is not down there today. I have a boat. It's in my garage and I'm in the process of looking for a boat lift to keep the boat ' down there safely and securely. I've been out on the lake here probably 3 or 4 times this season and it's very enjoyable out there. It's not crowded. I mean from what I've seen. Being out there Saturday and Sunday, prime time use. There is absolutely no problems with congestion or excess traffic out there. So I just wanted to point that out as well. Batzli: Thank you. Would anyone else like to address the Commission? Mary Onken: Hi. I'm Mary Onken. I live at 6221 Greenbrier. We moved up here about 7 years ago and I also was very attracted by the lake lot. I 11 have some secretary notes from a long time ago, starting about 1974 and they talk about, about 10 years before your ordinance that talked about how this space was filling up even then. So I think the 14 boats has been a long standing thing for us. We haven't expanded. I agree with your need to regulate the lake. In the little time that we've been here, about the last 7 years, I've seen changes. There's quite a bit of building around the lake and I can see where these homeowners associations can put an awful lot of access to the lake. I think the park is a very fair way to regulate the number of people coming in. I think we pretty well all agree in the Minnewashta Heights group that we just want to maintain our status quo. What we have. We're not looking for expansion. We want to be good neighbors. We want to see the lake regulated in a way that will keep it in very good shape. Shifting to another subject a little bit. I know it isn't the object of tonight's deal but I've.seen a difference in the water quality. My nephew also did some studies when he went to college to look into the different ways to save lakes. I wonder if the commission would 1 Planning Commission Meeting July 1, 1992 - Page 10 1 also, or whether your Planning Commission would look into ways that the sewer water and the waste water or storm sewer water could be cleaned up II before it comes into the lake. Right now I think it just pretty much goes right in. Batzli: We are actually in the process of, we have a task force, the ' Surface Water Quality Task Force. Right now I think they're devoting a substantial amount of time to plotting the. lakes that we have and the quality and trying to put some projects togethers. If you do want to follow up on that, I encourage you to talk to Paul in our Planning Department. It's been a very active group and we're moving ahead and I think we're actually leading a lot of the communities in the State as far II as putting something like this together and getting going on it. Mary Onken: I think that's great. So I think we support your, what you'rl trying to do and we don't want to expand. We want to stay where we are. Thank you. Conrad: What do you have in your book on 1981? Anything that we should II know that we don't know? Mary Onken: Oh I don't know. I was reading this and I had to guess what years you would be focusing on initially. 5o I think even back, I think ill was in '74 they talked about 14 boat slips. Space for 14 boats. Conrad: Anything that you could show in there that says that can give us II more information on actual use? Emmings: In '81. i Conrad: Be real persuasive. Mary Onken: I'm sorry, but I don't have that. I think looking at the 1 number of boats that are in the slips is kind of akin to looking at my garage and my driveway and trying to figure out how many cars I have. On 11 any given day maybe 4 of us will be done and there won't be any cars at home. And on another day, the whole works might be there so counting the II number of boats at a particular time I think is kind of a strange way to arrive at how many boats were there. 1 • Farmakes: Do you pay for your assignment? Mary Onken: Sorry. • Farmakes: Do you pay the Association for your assignment? Mary Onken: For my boat slip? Yes, we started voluntarily additional assessments for the boat slips and we have a dues for the association of which most of that association dues goes'for insurance. 1 Farmakes: Do you keep records of those payments? Bill Finlayson: Yes. For 3 years now we've collected for boat slips. 1 II Planning Commission Meeting July 1, 1992 - Page 11 Farmakes: Okay, but not for '81? 11 Bill Finlayson: No. But we have a Treasurer who would keep track of that. Batzli: Thank you for your comments. Anyone else like to address the Commission? Is there a motion to close the public hearing? Emmings moved, Conrad seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. Batzli: Ladd, why don't we start at your end. ' Conrad: Are the neighbors to this beachlot, are they part of the Association? Bill Finlayson: All lakeshore people are part of it. Conrad: They are? Anybody here? Bill Finlayson: Do you have a map on this? Those homes are. Conrad: Anybody here that lives next door? We haven't heard any problems with the swimming beach? The issue goes back. I think everything that I see is fine except for the number of boats and I guess I still haven't been persuaded. I'll wait for maybe some other input from the Planning Commissioners. It's a mighty small lot and it's just a mighty small lot. I think it is a little bit at risk in terms of safety but if we haven't heard any problems. The neighbors aren't complaining, then I'm fine with that at this point. I think the staff has recommended marker buoys and I think that has to be done. The only other issue other than, in terms of what the association is requesting, is boats. And I guess I'm still not, I haven't been moved from the 6 in the inventory but maybe somebody on the commissioner can sell me. I think the other ones, what we're trying to do is be real fair in terms of the beachlots that are coming in. Trying to somehow make some sense out of what we're doing and the last thing we want to do is really take away some rights that you've got. We hate that. We're not comfortable. Yet on the other hand, as you've heard Tom Merz talk about the other thing we're trying to do is merge the needs of the lake. Not necessarily the riparian owners but the needs of the lake and the safety issues and there are a number of boats that can be on the lake without making it a hazard. And that's really true. It is 20 acres per boat. Minnewashta probably has more boats allocated to it than are safe conditions. Part of that is the problem of the park. But it's also a - problem of beachlots too...and also a problem with homeowners. But anyway, that's right now, I think everything's okay other than the number of boats. • I guess somebody has to, I haven't seen anything to move me. I think if the homeowners showed me a picture or somebody showed me something in 1981, I think I could. Obviously the dock can take 14 boats. It's built to fit but I haven't seen the use yet that can sway me. Batzli: So you would recommend 6? Conrad: Right now that's what I'm thinking until I hear the rest of you. • 1 6) .-_ -� 'ir 1111 ST. � ' X1.1 r r J.,„. ., 1!;) t ' l •^ te r - NOTICE OF PUBLIC HEARING �� °� '' F s� I � i t PLANNING COMMISSION MEETING , i Wednesday, August 5, 1992 - 7:30 P.M. City ��r City Hall Council Chambers _ — _ _ — — - 690 Coulter Drive Project: Portable Chemical Toilet on * r-..: Recreational Beachlot ='1 ( ,_ 1 7(-;----------- Applicant: Minnewashta Heights NI ; I \ Homeowners Association _ I , � LAKE Location: North Side of Lake I Minnewashta M/ N N E W A S HT1 1 Notice: You are invited to attend a public hearing about a development proposed in your area. Minnewashta Heights Homeowners Association for a portable toile on a 1 recreational beachlot. What Happens at the Meeting: The purpose of this public hearing is to inform 1 you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Planning Commission Chair will lead the public hearing through the following steps: 1. Staff will give an over view of the proposed project. I 2. The Developer will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses project. The 1 Commission will then make a recommendation to the City Council. Questions or Comments: If you want to see the plans before the meeting, please 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 Sharmin Al -Jaff at 937 -1900. If you choose to submit written comments, it is helpful to have one copy to the Planning 1 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 July 23, 1992. 1 1 1 G PETERSON JAMES MOORE ? SAMUEL POTTS 1 769 20TH AVE NW 3630 HICKORY , 3628 HICKORY 1P . NEW BRIGHTON MN 55112 EXCELSIOR MN 55331 EXCELSIOR MN 55331 - - - - --‹ - - -- -- - __ el ERIC BAUER STEVEN KEUSEMAN KATHLEEN LOCKHART 3624 RED CEDAR POINT i 3622 RED CEDAR POINT 8549 IRWIN ROAD XCELSIOR MN 55331 EXCELSIOR MN 55331 MINNEAPOLIS MN 55437 -- — --1 / EDWIN SEIM RICHARD SCHLENER THADDEUS SCHWABA • 92 CHARLES DRIVE 200 COMMERCE CIR S 3603 RED CEDAR POINT ,SAN LUIS OBISPO CA ! MINNEAPOLIS MN 55432 EXCELSIOR MN 55331 93401 - IT D KNIGHT WYNN BINGER PAUL LARSON ` 485 PILLSBURY BLDG ! 2950 DEAN PKWY #1503 3609 RED CEDAR POINT 08 2ND AVE S ' MINNEAPOLIS MN 55416 EXCELSIOR MN 55331 MINNEAPOLIS MN 55402 UMIR PROSHEK EMIL SOUBA ! BIRATA DUNDURS X5704 DEWEY HILL DR 14025 VALE COURT 3627 RED CEDAR POINT EDINA MN 55435 EDEN PRAIRIE MN 55344 ' EXCELSIOR MN 55331 - 1 INDA JOHNSON ; CHARLES ANDING HELEN ANDING 629 RED CEDAR POINT : 3631 SOUTH CEDAR 1708 E 57Th STREET XCELSIOR MN 55331 EXCELSIOR MN 55331 MINNEAPOLIS MN 55417 • CHESTER LOBITZ ; LARRY VANDERLINDE E NICHOLAS HAWLEY 3637 SOUTH CEDAR ! 211 CHESTNUT 1920 S 1ST ST #1004 NEXCELSIOR MN 55331 CHASKA MN 55318 MPLS MN 55454 ANDREW JENSEN E DAVID HEMPLE FRANK BOYCE • BOX 277 f 3707 SOUTH CEDAR 3711 SOUTH CEDAR EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 1 - - - - -- -- - - - - -- - - - - -- - —: -- — -- — - - - -- CLIFFORD PEDERSEN RICHARD ANDING BASIL BASTAIN 3713 S O U T H C E D A R i 3715 SOUTH CEDAR i 3719 SOUTH CEDAR EXCELSIOR MN 55331 , EXCELSIOR MN 55331 ! EXCELSIOR MN 55331 I CURRENT RESIDENT KENNETH SMITH ROBERT C OSBORNE 3725 SOUTH CEDAR 3837 RED CEDAR POINT 3815 RED CEDAR POINT EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 • E s 1 M POSTHUMUS & E TUSSEY 1 JOHN MCKELLIP CURRENT RESIDENT 3421 SHORE DRIVE 3431 SHORE DIVE ' 3441 SHORE DRIVE EXCELSIOR MN 55331 E EXCELSIOR MN 55331 ! EXCELSIOR MN 55331 , 1 • MORRIS MULLIN ` RED CEDAR COVE INC WENDELL SCHOTT ir 3451 SHORE DRIVE : C/O D C PRILLMAN 7034 RED CEDAR COVE EXCELSIOR MN 55331 ' 7064 RED CEDAR COVE EXCELSIOR MN 55331 I EXCELSIOR MN 55331 RALPH KARCZEWSKI AURETHA SMITH 7044 RED CEDAR COVE CURRENT RESIDENT 7054 RED CEDAR COVE EXCELSIOR MN 55331 t 7048 RED CEDAR COVE EXCELSIOR MN 55331 EXCELSIOR MN 55331 I I WARREN RIETZ DAVID PRILLAMAN BERNARD GAYTKO 7058 RED CEDAR COVE ! 7064 RED CEDAR COVE 7068 RED CEDAR COVE I EXCELSIOR MN 55331 EXCELSIOR MN 55331 I EXCELSIOR MN 55331 KENNETH WELLENS NELSON ANDRUS STEVEN EMMINGS 7074 RED CEDAR COVE 7078 RED CEDAR COVE 6350 GREENBRIAR i EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 . ir ' RICHARD HANSON , ROBERT HEBEISEN 1 RICHARD ZWEIG 6400 GREENBRIAR 1 3607 IRONWOOD ROAD j 3601 IRONWOOD ROAD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 1 CURRENT RESIDENT FRANCIS FABER RICHARD WING I 6331 CYPRESS DRIVE M 3471 SHORE DRIVE 3481 SHORE DRIVE EXCELSIOR MN 55331 t EXCELSIOR MN 55331 EXCELSIOR MN 55331 WILLIAM TURNER CHARLES ERICKSON I THOMAS WRIGHT 3501 SHORE DRIVE f 3621 IRONWOOD ROAD 3611 IRONWOOD ROAD EXCELSIOR MN 55331 • EXCELSIOR MN 55331 EXCELSIOR MN 55331 . _ — — -- • - - - -- - 1 MICHAEL MORGAN I L O PARSONS i CURRENT RESIDENT 3734 HICKORY ' 3732 HICKORY f 3724 HICKORY 1 EXCELSIOR MN 55331 I EXCELSIOR MN 55331 j EXCELSIOR MN 55331 -1. MARVIN YORK t ALFRED SMITH GREGORY BOHER 3716 HICKORY 1. 3714 HICKORY - 3706 HICKORY I EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 r , € =te -'1 � V; _ .. t h t - '. .r c;F -'N c.e 1.+c '4 - r 3� '�`s. .w - :2 4 :i _,..„..„..____„3„,„_,,._ ___.,,,,,.,.„:,,,_,,_..,..,_„,,,._„...„:„..,....„..,,,,,,,„_.....„......„._........__..„,..s.„....s......t.. t- __/ 111 ESTATE OF AHRENS MINNEWASHTA HOA HERBERT PFEFFER RT 1 BOX 284 , C/O LOIS GOEDE 2850 TANAGERS i BROWERVILLE MN 56438 2851 TANAGERS EXCELSIOR MN 55331 - - -- - - - - - -- - - - -- - - -- EXCELSIOR MN 55331 -- _ PER & E JACOBSON GENE FURY STEPHEN ORTLIP 2840 TANAGERS 2821 WASHTA BAY ROAD 14880 30TH ST SW i EXCELSIOR MN 55331 EXCELSIOR MN 55331 WATERTOWN MN 55388 . - - , • - -- — - - -- - -- I HARRY NIEMELA DONALD ANDERSON WAYNE HOLZER 2841 WASHTA BAY ROAD 2851 WASHTA BAY ROAD 2911 WASHTA BAY ROAD .ii EXCELSIOR MN 55331 EXCELSIOR MN 55331 : EXCELSIOR MN 55331 1 NORMAN CASPERSON ALLAN TOLLEFSON GLENN COPPERSMITH 2921 WASHTA BAY ROAD ! 2931 WASHTA BAY ROAD 2941 WASHTA BAY ROAD is EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 JOSEPH BOYER CURRENT RESIDENT SUSAN FIEDLER I 3630 VIRGINIA AVE 3111 DARTMOUTH DR 3121 DARTMOUTH DR WAYZATA MN 55391 EXCELSIOR MN 55331 EXCELSIOR MN 55331 -- — — — — THOMAS MERZ ► JAMES GINTHER 1 STEPHEN MARTIN 1 3201 DARTMOUTH DR 3131 DARTMOUTH DR 3211 DARTMOUTH DR EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 RAYMOND ROETTGER M MOORE/K HALL . WARREN HANSON 3221 DARTMOUTH DR 3231 DARTMOUTH DR F 3241 DARTMOUTH DR EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 1 CURRENT RESIDENT 1 WILLIAM NAEGELE CURRENT RESIDENT 6341 CYPRESS DR [ 4300 BAKER ROAD 3311 SHORE DRIVE I EXCELSIOR MN 55331 i MINNETONKA MN 55343 EXCELSIOR MN 55331 - - - - -- - - - - - - - -- I BARBARA WINTHEISER FLORENCE BISCHOFF WILLIAM MCDANIEL 3321 SHORE DRIVE 3331 SHORE DRIVE 3341 SHORE DRIVE EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 F DENTON WHITE HENRY ARNESON - LAWRENCE SHINNICK 1 3351 SHORE DRIVE 3401 SHORE DRIVE 3411 SHORE DRIVE EXCELSIOR MN 55331 I EXCELSIOR MN 55331 EXCELS MN 55331 71,r *h # .r.--..;---, a ,� 014.4- r -- f4's - vi : .4-i -i�. s. ,.,:. -.. c`s � - s+{- ,{ -' • -:- :-- -,---, ---ii ', ---,7; .:-.!.....:•-. -_ _ -, •--7 4 ,-- -- - .. .-- _.„ ..:-.....,_ - • _ - • -__. , -.- .. :,-:4 .. ' ..- : ,..-,----- ::.-. - - ,, . 4-4 le..-?2, • r - 4.- --,' It ,'!,'''' ----.*!:.-: : lw, - 1 ' ., - - '-' ": - , .' ' ' : - .1 1 _ WALTER SCHWATZ JEROME AMMAN JOEL ANDERSON 3888 FOREST RIDGE CIR 3896 LONE CEDAR 3894 LONE CEDAR 1 CHAKSA MN 55318 CHAKSA MN 55318 CHASKA MN 55318 JOHN PETERJOHN DANIEL HERBST TERRANCE JOHNSON Ill 3892 LONE CEDAR 3890 LONE CEDAR 3898 LONE CEDAR CHASKA MN 55318 CHASKA MN 55318 * CHASKA MN 55318 - - - - - • EDWARD OATHOUT GEOFFREY SCHIEFELBEIN STATE/MINNESOTA IN TRUS 3940 HAWTHORNE CIR 3920 HAWTHORNE CIR C/O CARVER CO AUDITOR EXCELSIOR MN 55331 EXCELSIOR MN 55331 600 EAST 4TH STREET CHASKA MN 55318 lk JOHN MERZ/DAVID TESTER 3897 LONE CEDAR ALL SECTION LAND I .. CHASKA MN 55318 .., . - . ‘ 11 t . tk i I -•, - .:- - 1 . • .. 5 I , -... . 1 .. --- - - -‹ - - - -- --e _ - ___ _ __ I . . I t . .- f 1 1 NOTICE OF PUBLIC HEARING PROPOSED CONDITIONAL USE PERMIT CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a ' public hearing on Wednesday, August 5, 1992, at 7:30 p.m. in the Council Chambers in Chanhassen City Hall, 690 Coulter Drive. The purpose of this hearing is to consider the application of the Minnewashta Heights Homeowners Association for a conditional use permit to install a portable chemical toilet on an existing non - conforming "beachlot ", located on Shores Drive on Lake Minnewashta. 1 A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. 1 Sharmin Al -Jaff, Planner I Phone: 937 -1900 1 (Publish in the Chanhassen Villager on July 23, 1992) 1 1 1 1 1 1 1 1 1 1