1a. Zoning Non-Conforming Beachlots Obtain a Non-Conforming Use Permit and Establish Permit Fee, Second and Final Reading and Approval of Summary Ord for Publication CITYOF ----=
CHANHASSEN
' 4113'
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
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MEMORANDUM
TO: Don Ashworth, City Manager
FROM: Kate Aanenson, Planner II
' DATE: February 20, 1992
' SUBJ: Second and Final Reading of Zoning Ordinance Amendment Concerning Non -
Conforming Recreational Beachlots and Adopt Summary Ordinance for
Publication and Establishing a Fee for Non - Conforming Recreational
Beachlots
BACKGROUND
' On February 10, 1992, the City Council adopted first reading of the ordinance amendment.
As a part of the proposed amendment for non - conforming recreational beachlots, a permit
1 and fee shall be established by the City Council. This fee shall be paid with the application
for the permit.
' ANALYSIS
As a comparison of similar application fees, staff looked at the following fees:
' Variance 7
$ 5.00
' RSF Conditional Use $75.00
RSF Wetland Alteration Permit $75.00
Interim Use $75.00
RECOMMENDATION
Staff recommends that second and final reading be adopted and the permit application fee
for a Non - Conforming Recreational Beachlot be established at $75.00.
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' t ill PRINTED ON RECYCLED PAPER
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
1 ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20 OF
' THE CHANHASSEN CITY CODE CONCERNING
NON - CONFORMING BEACHLOTS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Chapter 20 of the Chanhassen City Code is
amended by adding Section 20 -79 to read:
Sec. 20 -79. Non - Conforming Recreational Beachlots.
' (a) Intent. The intent of this section is to prevent the
expansion of non - conforming recreational beachlots by estab-
lishing a baseline documenting the allowed use of each legal
non - conforming recreational beachlot.
(b) Within one year after the adoption of this ordinance
I all non - conforming recreational beachlots must receive a non-
conforming use permit or the use must cease and desist. The
permit shall be issued following receipt of satisfactory proof
concerning the nature and extent of the legal non - conforming use
as it existed on or before January 18, 1982. The permit shall
describe the nature and extent of the allowed use. The use may
not be expanded or intensified over what is described in the
permit.
(c) Applications for a non - conforming use permit shall be
filed with the Zoning Administrator on prescribed forms. A fee,
as established by the City Council, shall be paid upon filing the
application. The Zoning Administrator shall set a time and place
for a hearing before the Planning Commission. At the hearing the
Commission shall hear such persons as wish to be heard. Notice of
the hearing date shall be mailed not less than ten (10) days
before the date of the hearing to all owners of property on the
lake where the beachlot is located. Published notice shall also
be made once at least ten (10) days before the hearing. Failure
to give notice, however, shall not invalidate the proceedings.
At the close of the hearing the Planning Commission
shall make a recommendation to the City Council. Upon consider-
ation of the Planning Commission recommendation the City Council,
shall then make the final decision and the non - conforming
beachlot permit, establishing the nature and extent of the use
shall then be issued.
Section 2. Violation. The violation of any provision of
this ordinance shall be a misdemeanor punishable to the maximum
r01/07/92 •
' ('82 Baseline)
extent authorized in Minnesota Statutes Section 412.231. Each day I
{
any violation continues is a separate offense.
Section 3. This ordinance shall be effective immediately
upon its passage and publication.
PASSED AND ADOPTED by the Chanhassen City Council this 1
day of , 1992.
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ATTEST:
Don Ashworth, Clerk /Manager Donald J. Chmiel, Mayor
(Published in the Chanhassen Villager on , 1992.)
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ORDINANCE SUMMARY
1 CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
' AN ORDINANCE AMENDING CHAPTER 20
OF THE CHANHASSEN CITY CODE CONCERNING
NON - CONFORMING RECREATIONAL BEACHLOTS
1 THE CITY OF CHANHASSEN HAS ADOPTED AN ORDINANCE wherein one
year from the date of adoption of the ordinance all non - conforming
recreational beachlots must receive a non - conforming use permit
based upon the size and extent of said beachlot in the summer of
1982.
This ordinance is in full force commencing on the date of
publication of this summary.
Don Ashworth, City Manager
1 (Published in the Chanhassen Villager on
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