4. CUP Beachlot for Sunny Slope Homeowners i 4
C ITYOF
, ‘‘ CHANHASSEN
1 ,
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690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
I �f
* (612) 937 -1900 • FAX (612) 937 -5739
�� • Action by City Administrator
1 Endcrse t� 1� wq ..-
Modified
MEMORANDUM Rejected
I 7— aa-9a --
bete Subm itted to Commissiort
TO: Planning Commission >� s t,bmrrted to ,
FROM: Kate Aanenson, Senior Planner
1 DATE: July 7, 1992
SUBJ: Sunny Slope Non - Conforming Recreational Beachlot
I BACKGROUND
The Association property is located outside of the Sunny Slope Subdivision. The association
I owns Lot 37 of Shores Acres. The lot is 5,000 square foot in area and has 50 feet of frontage,
well under the area and frontage required for a beachlot.
I This property has a lengthy history. The following is a brief outline of that history.
• 1977 - Sunny Slope Subdivision was approved
1 1978 - Allen Gray, Developer for Sunny Slope, applied for a beachlot permit on
Lot 37, Shore Acres Subdivision, it was withdrawn after neighborhood objection
I 1981- Sunny Slope Homeowners Association take possession of Lot 37, Shore
Acres
I • 1986 - The Planning Commission and Board of Adjustments recommend denial
of the request for a variance and conditional use permit for a beachlot. The
1 applicant asked that the application be withdrawn before the City Council took
any action.
# • 4/25/88 - a request for a variance and a conditional use for a beachlot was denied
by the City Council.
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t0 PRINTED ON RECYCLED PAPER
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Sunny Slope Recreational Beachlot
July 7, 1992
' Page 2
• 5/29/90 - District Court Finding upholding the denial of the conditional use permit
and variance request.
According to the staff survey taken in 1981, the site was not developed. Specifically, there was
' not a dock, no boats or swimming beach. Sunny Slope Association is requesting approval of 1
dock, 40 feet in length, and 3 boats. The association is stating that their intent was always to
have a beachlot with boats at the dock.
The Finding of Fact of the District Court stated that the "property may be used for recreational
activities like swimming, picnicking, and other outdoor activities and sports? The Recreational
Beachlot Ordinance states that all recreational beachlots, including beachlots established prior to
February 19, 1987, to be used for swimming but only if swimming areas are clearly delineated
with marker buoys that conform to the United States Coast Guard standards.
SUMMARY
The Planning Commission and the City Council have previously denied a request for a
recreational beachlot at the subject site. The District Court has upheld their decision. The intent
of the Non - conforming Beachlot Ordinance is to establish to a level of use in the summer of
1 1981. The association would like to have a dock (40 feet in length) with 3 boats, and a canoe
rack. The ordinance would permit the association to have a swimming beach. Staff has
documented that there was no activity at this beachlot in the summer of 1981, therefore, is no
' grandfathering status. The beachlot ordinance and the court finding have stated that a swimming
beach is permitted.
1 PLANNING COMMISSION UPDATE
' At the July 15, 1992, Planning Commission meeting, the Commission voted to allow the beachlot
association a swimming beach only. Although there was testimony presented stating that there
was a dock at the beachlot, it was not in the water during the summer of 1981. The Association
stated it was always their intent to have a dock with boats and should be allowed to do so. The
Planning Commission felt that the since the association did not have a dock in the water in 1981
they do not have a right to have one. The Planning Commission therefore, denied a dock, and
mooring or docking of any boats, but did approve a swimming beach.
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NON - CONFORMING RECREATIONAL BEACHLOT PERMIT I
ASSOCIATION P.C. CITY COUNCIL
I
REQUEST RECOMMEND ACTION
Association Sunny Slope I
Lake Riley
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Number of Homes 12
Size, square feet 5,000 I
Shoreline 50'
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Motor Vehicle Access not requested
Off - Street Parking not requested
Boat Launch not requested 1
Buildings not requested
Picnic Tables not requested
Grills /Campfires not requested 1
Seasonal Dock 1 no
Diagram 40 feet
Canoe Racks 1 no
1
Boats on Land not requested
Boats at Dock 3 none I
Boats Moored not requested 1
Swimming Beach yes yes
Marker Buoys
Swimming Raft not requested 1
Miscellaneous
* Items requested by the Association for determination.
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CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
NON - CONFORMING RECREATIONAL BEACHLOT APPLICATION
' HOMEOWNERS ASSOCIATION: SLAJ I ) S I 0 pf4) CONTACT PERSON: Vc1r1Af'44 L3 D `" e r
ADDRESS: 3(k‘ Q r,4DO"k- 1 r & U/ Ca4viLsSe., /V 3
TELEPHONE (Day time) y"►- ( t33 TELEPHONE (Evening) : 'L ^13V7
Please provide all requested data consistent with what existed in
the summer of 1981.
1. Number of homes in the Homeowners Association t V UI +(IL0=
' ' Hof �;
2. Length of shoreland (feet) SO 3
3. Total area of Beachlot (in square feet). 5
' 4. Number of docks
6. Length of dock(s) 40 t rcx,
7. Number of boats docked C0
r 8. Number of canoe racks C0
9. Number of boats stored on canoe racks e)
10. Number of boats moored, i.e. canoes, paddle boats,
sailboats.
11. Number of boats on land 0
nc deie f J
12. Swimming beach Yes )C No Buoys Yes No X
13. Swimming Raft Yes No '_C
14. Boat Launch Yes No ?t
15. Motor vehicle access Yes No J k
Number of parking spaces
16. Structures, including portable chemical toilets:
Nvnf
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RECREATIONAL BEACHLOT INVENTORY 1981 1986 1991
Sunny Slope 1
12 homes
Lake Riley 1
5,000 sq. ft.
50' of shoreline 1
Motor Vehicle Access no no no .
Off - Street Parking no no no 1
Boat Launch no no no
Permanent Buildings no no no 1
Setbacks
Temporary Buildings no no no 1
Portable Restroom no no no
Picnic Tables no no no 1
Grills /Campfires no no no
Seasonal Docks no 1 not 1 not in
111
in water water
Approximate Length 40" 40'
II Canoe Racks no no no
Boats on Land no 2 no
canoes
II
Boats Moored no no no
Boats Docked no no no 1
Swimming Beach no no no
Marker Bouys no no no 1
Swimming Raft no no no
Comments: not 1
devel.
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Steve and Kathy Burke
9591 Meadow Lark Lane
Chanhassen, MN 55317
445 -1772
' April 7, 1992
This letter serves as my affidavit of history of Sunny
Slope Association, the Beachlot and dock issue. It is
written to the best of my knowledge and I give Sunny Slope
Association the right to use it in conjunction with other
information as deemed necessary.
r We bought the house at 340 Deerfoot Trail, Sunny Slope
Association, in June 1981. Our decision was based on our
' liking the area and the benefits offered by the association
as outlined in the attached brochure.
We were especially enthusiastic about the lakeshore and
the dock that was on the property. It was not installed at
that time, but I was assured that it could be installed
anytime for our use.
i We were the only family in the association for the next
2 1/2 years. I never installed the dock since I didn't have
' a boat over this period of time. In 1983 and 1984 other
families built in SunnySlope and plans for installing a dock
were made based on the Association belief that we could have
a dock and boats as part of the benefits of ownership of a
lakeshore lot. Chanhassen never notified Sunny Slope to the
contrary at any time.
A new dock was purchased in 1984, the one currently on
the property. The old one was given to Paul Olson, property
owner at 9239 Lake Riley Blvd. Mr Olson owns the property
next to the Association lakeshore property. He has used the
1 dock over the past years.
After installing the dock, the Association was requested
by the city to remove the dock because they didn't
acknowledge the fact that there was a dock and that we were
in violation of city regulations. Again, the Association
never received any previous notice stating that we could not
have a dock and associated docking rights.
In recap, when we purchased our house in the Association
there was a dock on the property and all representations for
Sunny Slope Association included full lakeshore recreation
privileges.
I hope this letter eliminates any confusion in terms of
the dock issue. I have since sold the house in Sunny Slope
and have no gain from submission of the statement.
S i nce ely
S teve Burke
1
Sunny Slope Association
Intended Beachlot Usage
Plans
Sunny Slope Association is a 12 home association in 11 Chanhassen. The association shares ownership of two commons
areas comprising of a center area of approximately 1 acre
plus a lakeshore lot on Lake Riley. The benefits of the
association are tennis, playground, basketball and swimming.
Boating and dock usage were to be part of the benefits of
association membership also.
The lake shore lot was part of the development plan from 1
the start of Sunny Slope. See the attached Sales brochure
and the referencing of access to the lake for Boating,'
fishing and swimming. The plans also included the use of a
dock and associated dock rights that was on the property at
the time of purchase.
The Association has no desire to overburden the area with
usage, especially with the size of the lot. Our plans were
to have one dock and overnight dockage for 3 boats. This is
the same benefit as any other residential property which we
compared to in size in the area. We also wanted a storage
rack for canoes.
These are the only additional needs that we need to enjoy
the benefits of our small Association. We currently have the
rights to swim, fish and have other recreational activities
on the property. Additional shrubs and bushes would be
planted to help the lot maintain a finished look blending
with the neighborhood.
To ensure the 3 boat overnight limit, the association
planned to add control procedures for a 3 week rotational
of boats owned by association members. These procedures
would be incorporated into our Association Covenants and
Bylaws. These procedures were not put into the covenants due
to the ongoing dock issue over the past years with the City.
In recap:
1. The association had a dock in 1981 as per the '
affidavit from Steve Burke.
2. The Association was sold to the homeowners with the
understanding that they had full lake access through the
lake lot.
3. The Association's intention was to use this dock and
provide the ability for overnight storage of 3 boats at a
time on a rotational basis of member owned boats.
4. A canoe storage rack would be available for member's
canoes.
5. Procedures and controls would be established and added
to the Associations covenants and bylaws.
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It is not Sunny Slope's intention to create unecessary
1 burdens but to cooperate in the open spirit to resolve an
issue that should never had been an issue to start. Being a
small association, it will be very easy for us to monitor
and ensure compliance of the covenants of Sunny Slope in
I this matter. We invite the City Planning Commission and
Council to visit our association in this process. Any
questions can be directed to:
I Ken Wolter
Current Association President
341 Deerfoot T r u .
Chanhassen, MN 55317
I 612 - 496 -1337
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�4';,., , ;'� - ; . q►,? j,.,. r , "' , ; a .;t •. • The Good Life :r, . . ;.
s i 1.1 1.1 • t. ; � ih;. , sr ..i 7.1: •
�: ' t ,.,Y � ` � � + ? . ���► ';�`t� ; '' t , , t i � ` - t , • � � , ' s ne the choice. Every building bt .,,
:4 001 ;, '9 \ ! '''. t i, ' c.` `': i'' ; �: y� , ��, • ' � 5 x : . i ti •`• - with a slope to accommodate the
/a a,., •;,f ,.,', , • l ; ,, , ,` .: ti , + , . , ,y ' ` r. ' ' 5 5 ' °' _; ( walkout home of your dream. Then;
ttiy, �, 1 °6 _ __ imagine that the slope is toward the '
l' ', i,..',1 '" � �; 1141111 � ).Trio -;'%401.-1; _ southwest ... the best accommoda. • ;,, ,
< lion for passive or active solar heating.
;.. , • . .i, , ti; ' , . . i 'fir 7 x' 71 ". %;, �' • --_ __ Picture buildin 1 0 feet wide fo r.
� ' i > w .* P i r 1' _ lots 3
• 6 ` . � � '� , ► . . ,ir � ;i. � � � k A t t ; r . ; ( ' ? _ _ lots of privacy but small enough for . s . . ,. 'tin 411111, '1 , 1� M • ' i - •fi• ` j;,' �. :_. __ easy maintenance. 1 I. • ' � . = ' • Sunn Slo a of Chanhassen has .
■
�, 'Jr *pi tL� �• ; :. ` , _.� y � r , - =_
been acclaimed the planned unit `
T I 4,,,'%':•;11-. Y A :. ;` ; T .); \li , 1 , ' 1 -, .. ' ` , � `` .. - - - -_ development of the future. A self
• p ,��4w 1 .�, � ) � k �e L ; � ,; t ] , l . ' . t j .;i; It " r1�5 �� _ contained package of excitement and
f `'
� P 6 tit �1 c I\> ∎ ∎ , " • � l — `' ��`. - - - -_ =: creature comforts.
ii / r r, : + t.l i ` •`�� • Access to beautiful LAKE RILEY a{
/ t6' . > ,lif ; ; "Y`- �,�`'� `` - - _ _ _ - _: boating, /fishing and swimmin
- - l :fir . Lake BIIev Blvd. ♦ `• - - - : g`' ,.
_ • A tennis court exclusive to the
_ - - • / i , , , ; lb ` _ : - - -_ i association membership and guests.
= - - --- --:::-.....::;-----:-----;=----:::::"...":"--...."---r...... , • A spacious, central, private park. ..
----- - = - _ i _ _ -- - - •The privacy of an encircling degp
=- - --- s l a k e R __-:- - w = - w=: Location hedge lus hundreds o mat .�'..
w _ - : =.::: - _ - : - _ i _= = - p f urn.
i~: - -• -- -= .._.. Si :::E_ - : :- - - - _ " -- -= - -_ trees. i«
•
- _
• One mile from Chanhassen's new
industrial center 15 minutes from
�,' the Radisson South.
• • . bi ,„,,A. • 25 minute from D o
IF.:; :.. ..,1l IM The ;01i
'r J m wntown
. -- he
V , ^� u�. � • �. Minneapolis or the Twin Cities Inter-
•
- 0 T o . '* - • .; ., "' Kind - ' 1i :- a.it+»':' , ,i j • ! I - • • Ili ` •- national Airport.
PO , ,1� .. O f ?� :, 1 : , t c , n , • And more.
Home ,.t'`' "�,_ - - r , '�ti - �►�
": Sunny Slope of Chanhassen is one
1 " "�'' " ' + , , of the last developments in the Twin
• """' Ali'.. A Gr"i1y : dcve1d�1eji'_ 1'' . Cities area to include a prestigous
4.,.....,,, ►� `� ••�
•
" 0 Cu tam 101.1 ea bvelpirI�kF a address, access to a major lake,
" C i mi'dt1 ttion CQrit thTW : :l,,. , t - excellent self contained recreational
�`
The U+IY. ,: facilities, all within minutes of a number
Proximity of dramatically new industrial parks
— — and affordable.
5
' SUNNY SLOPE ADDITION on Lake Riley in CHANHASSEN
For Jeannette Harrington. Requested by the Veteran's Administ t
From Ernest Bundgaard, developer of Sunny Slope Addition
WHAT YOU GET: Sunny Slope is a developement of 12 building sites,
Outlot "A" which is composed of a park-like commons 11
with a tennis court and off the street parking, Out141
"B" which is the private street servicing the 12
homesites and is called Deerfoot Trail, and Outlot " "
which is in fact Lot 37 of Shorewood Acres of Chan-
hassen. Outlot "C" is the "beach lot" for the
Sunny Slope addition.
Since Sunny Slope homeowners will form an associatioll
called The Sunny Slope Homeowners Association and since
the association is restricted to the owners of the 12
lots of Sunny Slope Addition then each homeowner is
part owner (1/12th) of Outlots "A", "B" and "C", in
addition to the property on which his home rests.
MANAGEMENT OF
OUTLOTS: Each eligible member of the Association will be charged
a maintenance fee (1/12th of the whole) for each lot II
.owned in Sunny Slope Addition such fee and/or fees
to be used to defray the costs of such expenses as are
occurred by the membership of the Association in the
maintainence of Outlots "A", "B" and "C". Ordinary
costs are expected to be lawn mowing, leaf, debris an
snow removal, the maintainence of such trees and shru
as are common to the property and the maintainence of
such dock as may be established by the membership.
The membership is also jointly responsible (1/12th foi
each lot owned) to pay the taxes and assessments due
on Outlots "A" and "C".
An initial meeting of the members of the Association 11
may be called at any time by any member. At that
meeting it will be determined what expenses are to be
incurred by the Association apart from the expenses
which have been agreed to by the developers i.e. strei
surfacing, seeding and landscaping. At such meeting
it will also be determined who shall become the
officers in authority of the Sunny Slope Homeowners I
Association.
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1 CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
IN RE: Application of Sunny Slope Homeowner's Association for a
Conditional Use Permit and variances for purposes of
establishing a recreational beachlot on Lot 37, Shore Acres
Addition
On April 25, 1988, the Chanhassen City Counc met a
y � at its
regularly scheduled meeting to consider the application of the Sunny
Slope Homeowner's Association for a variance and a Conditional Use
Permit to establish a recreational beachlot on Lot 37, Shore Acres
' Addition (9241 Lake Riley Boulevard), in the City of Chanhassen,
Carver County, Minnesota. The Applicant was present and the City
Council heard testimony from all interested parties wishing to speak
at the meeting and now makes the following Findings of Fact and
Decision:
FINDINGS OF FACT
1 1. The property is located in the R -1 (Single Family
1 Residential) Zoning District.
2. A recreational beachlot requires a Conditional Use
' Permit, and the Applicant has the burden of proving that the
standards for a Conditional Use Permit are met.
3. Section 20 -263 of the City Code places additional
minimum standards on all recreational beachlots.
4. The Applicant is requesting a Conditional Use Permit for
a recreational beachlot with the following improvements:
(a) The installation of one dock adjacent to the lot of
' such size and shape as to conform to the requirements of the
Recreational Beachlot Ordinance.
1
(b) Allow the overnight storage of up to three
watercraft.
(c) Construct two (2) canoe racks capable of storing '
six canoes on each rack.
(d) Install front and side lot fencing on the property '
to provide security and privacy.
(e) Landscape the north side of the property to bring II the contour of the lot in line with that of any neighbors to
minimize soil erosion onto the lake.
5. The subject property has twelve (12) residential ,
dwelling units which would have appurtential rights of access to the
lot. '
6. The City Code requires a lot to have a minimum of 200
feet of lake frontage to receive a Conditional Use Permit for a
recreational beachiot. The City Code requires a minimum of 200 feet
of lakeshore, 30,000 square feet and 100 feet of lot depth for a
recreational beachiot to have a dock. The proposed recreational '
beachiot has 50 feet of lake frontage, 110 feet of lot depth, and
5,500 square feet of lot area.
7. Approval of the application requires four (4) variances: II
(a) Conditional Use Permit for a recreational beachiot
without the required 200 feet of lake frontage.
(b) Permit a dock on a recreational beachiot without
the required 200 feet of frontage and 30,000 square feet of
lot area. '
(c) Permit a canoe rack on a recreational beachlot
without a dock. '
(d) Permit one additional canoe rack over the permitted
one canoe rack per dock.
8. A recreational beachiot is too intense a use of the
small piece of property. ,
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.,
11 9. The beachlot would have an adverse effect upon adjacent
' single family homes. It would disrupt the quietude of the area by
interjecting too many people into any area not designed to
' accommodate them.
10. The City's professional planner, in a report dated April
6, 1988, and incorporated herein by this reference, recommended
denial of the application.
1 11. Approving the application would generate additional boat
' traffic and congestion on the lake.
12. The proposed recreational beachlot would depreciate
adjacent property value.
13. The Applicant has failed to show that the standards for
' granting a variance have been met.
14. Strict enforcement of the provision of the Chanhassen
Zoning Ordinance does not result in a hardship unique to the
individual property.
15. There are no special circumstances or conditions
concerning the land or its use which would necessitate a variance.
16. The lot can be put to reasonable use without the grant
of the variances.
DECISION
1. Based upon the foregoing considerations, Applicant's
request for a Conditional Use Permit for a recreational beachlot is
denied.
2. Based upon the foregoing considerations, Applicant's
request for the four variances is hereby denied.
1
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Adopted this : A,cC.. day of 71 , 1988. 1
CITY C HASSEN 1
BY: EPZt .A
Thort(as L. Hamilton, Mayor
ATTEST:
Don Ashworth, Manager /Clerk
1
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. .. . STATE OF M7.NNI:S0TA
II Alonzo B. Seran
/lttorney at Law COUNTY OF CARVER
730 Second Ave. S #315
I Minneapolis, Mn 55402
Clerk's Notice of Filing
. Entry or Docketing
1
Elliot B. Knetsch
I Attorney at Law
Yankee Square Office III
Suite 202
3460 Washington Drive
1 Eagan, MN 55122 •
In Re: Anderson vs. City of Chanhassen, et al File No. 87 -22730
1 •
For the above entitled matter, you are notified that on May 29, 1990 ,
1 X Findings of Fact, Conclusions of Law, Order for Judgment and Judgment
II Order
Judgment
1 Other
1
was duly r - - -• ' T
x Filed MAY 2 9 1990
' ,
x Entered _ •'_ ..__...... _
V k1.i
, NI51fsA(OR
II Docketed in the amount .
il
II ...Dated: May 29, 1990
Copies attached
Joyce A. VanEyll
Court Administrator
II By: N V1 k1. a V k i•1
Deputy
1 Court Administration •
Carver County Courthouse
600 East 4th Street
1 Chaska, MN 55318
Direct Dialing (612)
11 448 -1201 Civil Division
448 -1202 Traffic Divisic
. 448 -1203 Vital Statistic
1
11
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF CARVER FIRST JUDICIAL DISTRICT
CASE TYPE 10: OTHER CIVIL
Court File No. 87 -22730
Steven T. and Nancy L. Anderson,
et al '
Plaintiffs,
vs. ND ZNGS OF FACT, ,
r e ' C NCLDSIONS OF LAW
• O ER FOR JUDGMENT
City of Chanhassen, et al JUDGMENT
MAY 2 9 1990
Defen ants. j
J:.t;IrIS A
The above entitled action was regularly placed on the court ,
calendar and came on for hearing before the undersigned Judge of
the above court on January 5, 1990, and April 18, 1990. Alonzo B.
Seran, Esq. appeared for and on behalf of plaintiffs; and Elliott 1
B. Knetsch, Esq. appeared for and on behalf of defendants. Based
upon the proceedings, files, records, and memoranda of counsel, '
THE COURT MAKES THE FOLLOWING:
FINDINGS OF FACT ,
1. Plaintiffs applied for a conditional use permit and four
(4) variances to operate a recreational beachlot on property they
Y Y
own in the City of Chanhassen, Carver County, Minnesota.
2. Public hearings were held before the City Planning
Commission on April 6, 1988, and April 20, 1988. ,
3. Plaintiffs were given notice of the hearings and
representatives of plaintiffs attended the hearings.
1
1
1
1 4. Proper notices of the hearings were mailed and published
according to law.
1 5. The Planning Commission heard testimony from all
interested persons and recommended denial of the conditional use
1 permit and variances. An accurate verbatim transcript of the
public hearings was made.
1 6. The Chanhassen City Council considered plaintiffs'
application on April 25, 1988. The City Council heard testimony
from all interested persons. An accurate verbatim transcript of
1 the meeting was made.
7. Plaintiffs received notice of the meeting and represent-
` atives of plaintiffs attended.
8. On May 23, 1988, the City Council adopted written
findings of fact and denied plaintiffs' application.
1 9. The City Council found, and the record supports, that:
Lot 37 failed to meet minimum standards set forth in the
1 ordinance for granting a conditional use permit; the proposed
beachiot would have an adverse effect on adjacent single family
homes; the use would disrupt the quietude of the area by
' interjecting too many people into too small an area; the use
would generate additional boat traffic and congestion on the
lake; the use would depreciate adjacent property value; the
ordinance does not cause plaintiffs undue hardship; Lot 37 can be
put to a reasonable use without the variances.
10. The City Council's findings are supported by facts in
the record. The parties have stipulated that plaintiffs only
1
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submitted one development plan for its property and that
plaintiffs have not sought a variance for a single family home on
Lot 37. '
11. Plaintiffs' property may be used for recreational
activities like swimming, picnicking, and other outdoor ,
activities and sports.
12. Plaintiffs have reasonable use of their property under
the City's ordinances. 1
13. The record contains no evidence that the City treated
plaintiffs' application differently than similar applications. ,
CONCLUSIONS OF LAW
1. The City Council's findings are supported by facts in ,
the record.
2. The City Council's findings are legally sufficient.
3. The City Council's decision denying the variances and '
conditional use permit has a rational basis, and is not
arbitrary, capricious, or unreasonable. ,
4. Plaintiffs have a reasonable use of their property under
City ordinances; thus the City has not taken the property without
just compensation in violation of law. ,
5. Plaintiffs' application was not treated differently than
similar applications, thus the City's actions do not constitute a
denial of equal protection of the laws.
6. The City's recreational beachlot ordinance is consti-
tutional, as applied here. 1
-3- 1
ORDER
1. The City Council's denial of plaintiffs' application for
a conditional use permit and variances is affirmed.
2. The plaintiffs' Complaint is hereby dismissed with
prejudice.
JUDGMENT
1 Let judgement be entered accordingly.
Dated this aS day of /1 , 1990.
BY THE COURT:
1 PHIL ' T. KAN ING I t
Jud•- the istrict Cot
JUDGMENT
I hereby certify that the foregoing Order constitutes the Judgment in
this matter.
' Dated this 29th day of May, 1990.
BY THE COURT:
Joyce A. VanEyll
Court Administrator
By:
I t
Deputy j
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I NOTICE OF PUBLIC HEARING .� .>,.
i RD
PLANNING COMMISSION MEETING
1 Wednesday, July 15, 1992 - 7:30 P.M.
PUD4
City Hall Council Chambers HEIGHTS jMERE I .:
I 690 Coulter Drive P
I I iiwar _,,,
Project: Non - Conforming Use Permit �'' : H , ,r
1 -- LAKE
Applicant: Sunny Slope Homeowners RILEY
1 Association - I SF
*414 I
Location: Lake Riley _ =o
Notice: You are invited to attend a public hearing about a development proposed in
I your area. Sunny Slope Homeowners Association is applying for a non - conforming use
permit for their recreational beachlot.
I What Happens at the Meeting: The purpose of this public hearing is to inform
you about the developer's request and to obtain input from the neighborhood about this
project. During the meeting, the Planning Commission Chair will lead the public hearing
I through the following steps:
1. Staff will give an over view of the proposed project.
1 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.
I Questions or Comments: If you want to see the plans before the meeting, please
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
I you 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.
1 Notice of this public hearing has been published in the Chanhassen Villager on July 2, 1992.
** PLEASE NOTE THAT THERE IS A MEETING TAKING PLACE
1 PRIOR TO THE PLANNING COMMISSION MEETING FROM 5:30
P.M. TO 7:30 P.M. IN THE COUNCIL CHAMBERS WHICH MAY
I STILL BE IN PROGRESS **
1
1
RAYMOND & J. LEWIS BRENDA M. SCHAEFFER ALBERT & C. TRAPANESE 1
9071 LAKE RILEY BLVD. 8591 TIGUA CIRCLE 8571 TIGUA LANE
CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317
1
KEVIN & S. SALLSTROM DAVID & C. NAGEL RICHARD & J. LARSON
1140 WILLOW CREEK 8550 TIGUA CIRCLE C/O MGM
CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 8590 TIGUA CIRCLE
CHANHASSEN, MN 55317
DALE & R. BOYER JOSEPH & G. HAUTMAN BENJAMIN & P. SWENSON 1
9005 LAKE RILEY BLVD. 8551 TIGUA CIRCLE 9015 LAKE RILEY BLVD.
CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 P.O. BOX 129
CHANHASSEN, MN 55317
VENCIL & C. PREWITT LESLIE O'HALLORAN RICHARD J. CHADWICK 1
421 LYMAN BLVD. P.O. BOX 683 420 LYMAN BLVD.
CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 '
LELAND & L. WYMAN AL H. KLINGELHUTZ JAMES & P. DOLEJSI
400 LYMAN BLVD. 8600 GREAT PLAINS BLVD. 9260 KIOWA TRAIL
CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317
1
T. J. HIRSCH MGMT. CO. KEITH & C. BARTZ NORMAN, JR. & K. GRANT
SUITE 30 226 EASTIN ROAD 9021 LAKE RILEY BLVD.
45 SOUTH 7TH STREET LEXINGTON, KY 40505 CHANHASSEN, MN 55317
MINNEAPOLIS, MN 55402
MATTHEW & C THILL
1
ARTHUR & J. MULLIGAN DAVID S. NICKOLAY 9610 MEADOWLARK LANE
8501 TIGUA CIRCLE 8500 TIGUA CIRCLE CHANHASSEN MN 55317 '
CHANHASSEN, MN 55317 CHANHASSEN, MN 55317
•
STEVEN & K BURKE WM & S PREDOVICH STEVE & CHAR. ZUMBUSCH
9591 MEADOWLARK LANE 9611 MEADOWLARK LANE 9794 CRESTWOOD TERRACE i
CHANHASSEN MN 55317 CHANHASSEN MN 55317 EDEN PRAIRIE MN 55347
1
MICHAEL & M. WISTRAND DAVID AND LYNNE HIGH MICHAEL AND LISA REILLY
219 LOGAN AVENUE NORTH 4330 OAKVIEW LANE 2305 INDIAN RIDGE DRIVE I
MINNEAPOLIS MN 55405 PLYMOUTH MN 55442 GLENVIEW IL 60025
NEIL A. KLINGELHUTZ MARK & STARLA DANIELSON
1380 OAKSIDE CIRCLE 11150 SUMPTER CIRCLE I
CHANHASSEN MN 55317 BLOOMINGTON MN 55438
I ROBERT & D ROGERS THOMAS & M ROGERS NORBERT & C LICKTEIG
4917 DIANE DR 14700 EXCELSIOR BLVD 9111 LAKE RILEY BLVD
I MINNETONKA MN 55345 MINNETONKA MN 55345 CHANHASSEN MN 55317
1 J & J HUNGELMANN JOHN JR & M GOULETT RICHARD & F OLIN
9117 LAKE RILEY BLVD 9119 LAKE RILEY BLVD 9125 LAKE RILEY BLVD
CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317
1
JIM & JAN HENDRICKSON TIM & PATTY BESSER CURTIS !CRIER
1 9131 LAKE RILEY BLVD 9209 LAKE RILEY BLVD 9211 LAKE RILEY BLVD
CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317
1
GREG & KELLY HASTINGS DENNIS & A BAKER EUNICE KOTTKE
1 9217 LAKE RILEY BLVD 9219 LAKE RILEY BLVD 9221 LAKE RILEY BLVD
CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317
1 ALAN & K DIRKS GEORGE & M DEWITT RONALD YTZEN
9203 LAKE RILEY BLVD 3127 4TH ST SE 9227 LAKE RILEY BLVD
1 CHANHASSEN MN 55317 MINNEAPOLIS MN 55414 CHANHASSEN MN 55317
1 FREDRICK & J POTTHOFF JOHN W ARDOYNO PAUL K OLSON
9231 LAKE RILEY BLVD 9235 LAKE RILEY BLVD 9239 LAKE RILEY BLVD
CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317
1
SUNNYSLOPE HOMEOWNERS JOY TANNER LUCILLE REMUS
1 LESLIE TIDSTROM 9243 LAKE RILEY BLVD 9245 LAKE RILEY BLVD
340 DEERFOOT TR CHANHASSEN MN 55317 CHANHASSEN MN 55317
1 CHANHASSEN MN 55317 •
CRAIG & K HALVERSON SIDNEY MOSMAN GARY EASTBURN
1 9283 KIOWA TR 7311 IZAAK WALTON RD 9355 KIOWA TR
CHANHASSEN MN 55317 MINNEAPOLIS MN 55438 CHANHASSEN MN 55317
1 RICHARD BLUMENSTEIN JOHN W & B BELL HAROLD & J KING
9361 KIOWA TRAIL 9371 KIOWA TRAIL 9391 KIOWA TR
1 CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317
'DONALD & K SITTER PETER PEMRICK JR BARRY & H BERSHAW
9249 LAKE RILEY BLVD 9251 KIOWA TRAIL 9271 KIOWA TR
i CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317
1
JIM & MARY E JESSUP
9247 LAKE RILEY BLVD DEL & N SMITH BOB & S PETERSON
CHANHASSEN MN 55317 9051 LAKE RILEY BLVD 9101 LAKE RILEY BLVD r
CHANHASSEN MN 55317 CHANHASSEN MN 55317
RAY & J LEWIS RAYMOND & C BRANDT ARTHUR & M HALL
9071 LAKE RILEY BLVD PO BOX 722 9376 KIOWA TRAIL I
CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317
WILLIAM BERNHJELM ROBERT & M EICKHOLT RICHARD A MOSMAN ET Al
9380 KIOWA TRAIL 9390 KIOWA TRAIL 541 FAIRFIELD
CHANHASSEN MN 55317 CHANHASSEN MN 55317 ST PAUL MN 55112
1
PETER & G LILLIE MARK & P MOKSNES RANDALL DUSOSKI
9355 KIOWA TRAIL 9381 KIOWA TRAIL 9270 KIOWA TRAIL
CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317
1
JAMIE & S HEILICHER FREDERICK & J AMRHEIN PAUL & M ZAKARIASEN ' •
9280 KIOWA TRAIL 9350 KIOWA TRAIL 600 94TH ST W
CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317
1
ELDON BERKLAND
9261 KIOWA TRAIL
CHANHASSEN MN 55317
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