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5b. Non-conforming beach lots Sunrise Hills CITYOF 1 690 COULTER DRIVE • 47 • CHA, 1 (612) 937 -1900 P.O. BOX 1 • FAX (612) 937 - 5739 NHASSEN MINNESOTA 55317 1 Action by City AdOn Endors V MEMORANDUM Modified Date— TO: Planning Commission Date Submitted to Commissbll FROM: Kate Aanenson, Senior Planner Date su5mttted to CounrA 6 1 DATE: May 13, 1992 SUBJ: Sunrise Hills Non - Conforming Recreational Beachlot 1 BACKGROUND ' Sunrise Hills 1st Addition was approved in 1956. There are covenants with the subdivision that date back to 1957. There are 56 homes in the association. The beachlot is 1 approximately 1.5 acres in size and has 150 feet of frontage. While the size of the beachlot meets the minimum standards (30,000 square feet), the frontage does not the minimum 1 requirements of 200 feet of lake frontage. A survey of the beachlot was done in 1981, and it showed that there was one dock, 60 feet 1 in length, but no boats were docked or moored. The survey also noted 2 canoe racks with space for 12 boats and off - street parking for 12 vehicles. In addition, a boat launch, swimming beach, raft, and marker buoys were noted. 1 SUMMARY 1 The association is requesting 1981 status quo of their beachlot with one dock, 60 feet in length, no boats being moored or docked, continued use of their motor vehicle access, parking for 12 cars, two canoe racks with space for 12 boats, swimming beach with a raft, marker buoys, and a boat launch. 1 1 t4 PRINTED ON RECYCLED PAPER 1 1 Sunrise Hills Recreational Beachlot May 13, 1992 Page 2 PLANNING COMMISSION UPDATE ' At the May 20, 1992, meeting, Planning Commission recommended approval of the beachlot Y g� g PP as was requested by the association. The Planning Commission felt that the beachlot had remained consistent with the level of use that existed in 1981. Because there is a boat launch, the Planning Commission recommended that a sign warning of milfoil be placed at the boat launch site. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 NON-CONFORMING RECREATIONAL BEACHLOT PERMIT ASSOCIATION P.C. CITY COUNCIL 1 REQUEST RECOMMEND ACTION • 1 Association Sunrise Hills Lake Lotus 1 Number of Homes 56 1 Size, square feet 45,000 Shoreline 150' 1 Motor Vehicle Access yes yes 1 Off - Street Parking 12 12 Boat Launch 1 1 1 Buildings not requested 1 Seasonal Dock 60' 60' Diagram 1 Canoe Racks Two - 12 spaces 2 -12 spaces Boats on Land not requested 1 Boats at Dock not requested 1 Boats Moored not requested I Swimming Beach yes yes Marker Buoys yes yes 1 Swimming Raft yes yes 1 Miscellaneous 1 * Items requested by the Association for determination. 1 1 c4 cT, ~ d P{EOMO I NT CASCADE CASTLE CIRCLE I 1 MAS ' HENNEPIN! � CT 1 COURT ' � • voloir = , „,w lf j �111/l Il l S w T CIRCLE 4KE /i lk �,�� I SHASTA CIRCLE � �-� �G� II \ il EAST � 4 ' , a � ��� OLYMPIC CIRCLE r� elf”, w - 6300 . ` 1 T ' �I �i �(,.• ' ,� �,` •I I CASTLE RIDGE <•S'', . A COURT j ' MI IN& HORN � f ,�f� a , r � ''C�, � � I� , I1f ,. 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II I CITY OF CHANHASSEN 690 COULTER DRIVE II CHANHASSEN, MN 55317 NON - CONFORMING RECREATIO AL BEACHLOT APPLICATIO 1 HOMEOWNERS ASSOCIATION: A , Wi 0 ' • CONTACT PERSON: O - r /. / , //Ir./ 1 ADDRESS: 2 7� vp/ p, r'/J ( l s /l /' TELEPHONE (Day time) 90Zl y / - 273/9 TELEPHONE (Evening) : 93X( I Please rovide all requested data consistent with what p qu existed in the summer of 1981. II 1. Number of homes in the Homeowners Association Si 1 2. Length of shoreland (feet) /c I 3. Total area of Beachlot (in square feet). 4. Number of docks / 6. Length of docks) k 7. Number of boats docked 0 II 8. Number of canoe racks ; ` / i ' '7 t 9. Number of boats stored on canoe racks / ( i L-- II 10. Number of boats moored, i.e. canoes, paddle boats, sailboats. 0 II 11. Number of boats on land II L 12. Swimming beach Yes -" N Buoys Yes o L/ 13. Swimming Raft Yes N II 14. Boat Launch Yes No 15. Motor vehicle access Yes No II Number of parking spaces l ? 16. Structures, including portable chemical toilets: 1 0 1 II 1 RECREATIONAL BEACHLOT INVENTORY 1981 1986 1991 Sunrise Hills 1 56 homes Lotus Lake II 1.5 acres 150' of shoreline 1 Motor Vehicle Access yes yes yes Off- Street Parking 12 12 12 1 Boat Launch yes yes yes Permanent Buildings no no no II Setbacks Temporary Buildings no no no II Portable Restroom no no yes Picnic Tables 4 5 4 1 Grills /Campfires none 2 grills 2 grills Seasonal Docks 1 1 1 1 Approximate Length 60' 60' 60' Canoe Racks 2 2, 1 2, 1 6 I 6spaces 6spaces spaces 1 each 1 8 8 spaces spaces II Boats on Land no 10 10 canoes canoes 111 Boats Moored no no no Boats Docked no no no Swimming Beach yes yes yes I Marker Bouys yes yes yes Swimming Raft yes yes yes I Comments: well well well maint. maint. maint. ' 1 II II • 1 1 NOTICE OF PUBLIC HEARING PROPOSED NON - CONFORMING USE PERMIT ' CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold ' a public hearing on Wednesday, May 20, 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 a non- conforming use permit for Frontier Trail and Sunrise Recreational Beachlots. The permit shall describe the nature and extent of the use allowed. All interested persons are invited to attend this public hearing and express their 1 opinions with respect to this proposal. Kathryn Aanenson, Planner II 1 Phone: 937 -1900 (Publish in the Chanhassen Villager on May 7, 1992) 1 I 1 1 1 1 1 1 1 1 1 1 HELEN & A HARTMANN LARRY J FLEWELLING BRADLEY & L WILLIAMS 6687 HORSESHOE CURVE 305 TRILANCE CIRCLE 7669 HERITAGE ROAD I CHANHASSEN MN 55317 YOUNG AMERICA MN 55397 EDEN PRAIRIE MN 55344 JAMES & L RING TERRY ROSEN DAVID KOPISCHKE I 6640 GALPIN BLVD 6677 HORSESHOE CURVE 6675 HORSESHOE CURVE EXCELSIOR MN 55331 CHANHASSEN MN 55317 CHANHASSEN MN 55317 1 JOHN CUNNINGHAM TIMOTHY L JOHNSON CURRENT RESIDENT 1 6665 HORSESHOE CURVE 6663 HORSESHOE CURVE 6661 HORSESHOE CURVE CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 1 DAVID WALSH HAROLD & K DAHL PHILIP & L ISAACSON 1 6681 HORSESHOE CURVE 6631 HORSESHOE CURVE 6633 HORSESHOE CURVE CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 1 STEVE DECATUR FRANK & D KUZMA LADD CONRAD 6645 HORSESHOE CURVE 6651 HORSESHOE CURVE 6625 HORSESHOE CURVE 1 CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 1 JAMES & E KEIPER RAYMOND & A BROZOVICH 6615 HORSESHOE CURVE 6609 PLEASANT VIEW RD 1 CHANHASSEN MN 55317 CHANHASSEN MN 55317 1 1 1 1 1 1 1 1 1 HERBERT BLOOMBERG KOPFMANN HOMES MARK ENGASSER 1 7008 DAKOTA AVE SUITE 315 7000 DAKOTA AVE CHANHASSEN MN 55317 6442 CITY W PKWY CHANHASSEN MN 55317 I EDEN PRAIRIE MN 55344 DENNIS FLAHERTY DR S M POSNICK HENRY NEILS 7004 DAKOTA AVE 7010 DAKOTA AVE 7012 DAKOTA AVE • CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 1 B CAMPBELL MARGARET WASSON ROBERT R HEER 7014 DAKOTA AVE 7016 DAKOTA CIR 7018 DAKOTA CIR 1 CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 I JEFFREY & M BORNS ROBERT CONKLIN FRANK KURVERS 7490 CHANHASSEN RD 7160 WILLOW VIEW COVE 7220 KURVERS PT RD • CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 MELVIN KURVERS FRANK & K CAMPAGNA GERALD & J STRAND • 7240 KURVERS PT RD 7320 KURVERS PT RD 18909 KINGSWOOD TER CHANHASSEN MN 55317 CHANHASSEN MN 55317 MINNETONKA MN 55345 1 FREDERICK OESCHLAGER DAVID & C WETTERLIN IRVING RAYMOND ' 7410 CHANHASSEN RD 7420 CHANHASSEN RD 7440 CHANHASSEN RD CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 'TIMOTHY & D MCHUGH CURRENT RESIDENT HARVEY PARKER JR 7450 CHANHASSEN RD 7470 CHANHASSEN RD 7480 CHANHASSEN RD 'CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 ,PAUL WOODRUFF ALAN & L KRAMER TODD ADAMS 520 PLEASANT VIEW RD 531 INDIAN HILL RD 469 PLEASANT VIEW RD ' CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 ' DONN & J ANDRUS R DOZIER & R SMITH KEITH OBERMEYER 449 PLEASANT VIEW RD 429 PLEASANT VIEW RD 6697 HORSESHOE CURVE CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 1 ANICE RANNELLS SANDY OLSON JOHN & B RYAN T 2 BOX 111 6691 HORSESHOE CURVE 6685 HORSESHOE CURVE RINCETON MN 55371 CHANHASSEN MN 55317 CHANHASSEN MN 55317 1 1 EDWARD JORDAN ARLIS BOVY RICHARD KEDROWSKI 7341 FRONTIER TR 7339 FRONTIER TR 7337 FRONTIER TR CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 STUART BAIRD DORIS LARSON ALAN FOX 7303 LAREDO DR 7301 LAREDO DR 7300 LAREDO DR CHANHASSEN MN 55317 BOX 66 CHANHASSEN MN 55317 I CHANHASSEN MN 55317 SUNRISE HILLS ASSN DAVID BRODEN JOHN & J NICOLAY ' JIM MADY 640 PLEASANT VIEW RD 608 PLEASANT VIEW RD 7338 FRONTIER TR CHANHASSEN MN 55317 CHANHASSEN MN 55317 I CHANHASSEN MN 55317 THOMAS SEIFERT JOHN SCHEVENIUS FAIZ & K KHAN I 600 PLEASANT VIEW RD 570 PLEASANT VIEW RD 111 CHOCTAW CIR CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 II THOMAS & M WILLIAMS JAMES & S LACY THOMAS & J RANDALL 115 CHOCTAW CIR 121 CHOCTAW CIR 125 CHOCTAW CIR CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 1 HARLAN & M SWANSON ROBERT & J PEROUTKA STEPHEN & L BUCHANAN 131 CHOCTAW CIR 135 CHOCTAW CIR 141 CHOCTAW CIR I CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 STATE OF MINNESOTA 1 ALAN & C LENHART BT LAND DNR 6575 PLEASANT VIEW WAY 1055 E WAYZATA BLVD BOX 31 CENTENNIAL OFFI CHANHASSEN MN 55317 WAYZATA MN 55391 658 CEDAR STREET ST PAUL MN 55155 JOHN ALDEN 105 SANDY HOOK RD JAMES CONNELLY PETER MOSCATELLI I CHANHASSEN MN 55317 7008 CHEYENNE TR 102 SANDY HOOK RD CHANHASSEN MN 55317 CHANHASSEN MN 55317 ' CHARLES & D BOHLIG ROGER ANDERSEN ELWOOD MCCARY I 5200 RIDGE ROAD 106 SANDY HOOK RD 108 SANDY HOOK RD EDINA MN 55435 CHANHASSEN MN 55317 CHANHASSEN MN 55317 1 ROBERT & SUE MIDNESS THOMAS PALMBY WM & M SPLIETHOFF 112 SANDY HOOK RD 114 SANDY HOOK RD * 113 SANDY HOOK RD 1 CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 1. B FRITZ & L HAMILTON TERRY VOGT GERALD & J HEINTZ 1 724 LAKE POINT 732 LAKE POINT 740 LAKE POINT CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 IROBERT POST GREG & B HEDLUND CURTIS & C ANDERSON 489 PLEASANT VIEW 748 LAKE POINT 500 PLEASANT VIEW 1 CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 JOHN & K VONWALTER MICHAEL & K CLARK JOHN & J THIELEN 510 PLEASANT VIEW 695 PLEASANT VIEW RD 665 PLEASANT VIEW RD ' CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 ▪ NEAR MTN LAKE ASSOC JOSEPH SMITH HARVEY & K ROBIDEAU • 610 PLEASANT VIEW RD 224 WILSON ST W 540 PLEASANT VIEW RD CHANHASSEN MN 55317 PO BOX 213 CHANHASSEN MN 55317 NORWOOD MN 55368 I GREGORY LINDSLEY MARIA STOFFEL RICHARD & R POWERS JOHN SEGNER 17510 CHANHASSEN RD 20 HILL STREET 30 HILL STREET CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 JOHN MELBY LOUISE FENGER ANDREW HISCOX ▪ 40 HILL STREET PO BOX 396 7500 ERIE AVE I CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 IC PETER LINSMAYER LOUIS S TESLER CURRENT RESIDENT APT 105 C 7500 CHANHASSEN RD 200 FRONTIER CT 1 7500 CAHILL RD CHANHASSEN MN 55317 CHANHASSEN MN 55317 EDINA MN 55435 IWM & I KIRKVOLD JEROME & D NEEDHAM ROGER KARJALAHTI 201 FRONTIER CT 7415 FRONTIER TR 7413 FRONTIER TR , ▪ CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 , THOMAS HAROLD ROBERT SOMERS MIKE JONIKAS 7411 FRONTIER TR 7409 FRONTIER TR 7407 FRONTIER TR CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 1 LORNA TARNOWSKI GEORGE & D PRIEDITIS ROBERT & S HORSTMAN 117405 FRONTIER TR 7401 FRONTIER TR 7343 FRONTIER TR CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 1 THOMAS & C GILMAN JOHN & A DANIELSON RONALD & L HARVIEUX 6613 HORSESHOE CURVE 6607 HORSESHOE CURVE 6605 HORSESHOE CURVE II CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 ROBERT & L SATHRE ROLF ENGSTROM NGSTROM PATRICK PAVELKO 365 PLEASANT VIEW RD LAWRENCE LEEBENS 7203 FRONTIER TR I CHANHASSEN MN 55317 7201 FRONTIER TRAIL CHANHASSEN MN 55317 CHANHASSEN MN 55317 ROBERT & G UECKER GUY SWANSON PHYLLIS POPE 7199 FRONTIER TR 610 CARVER BEACH RD 620 CARVER BEACH RD CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 1 JOHN HAGEDORN JON LANG ROSEAN AMICK 1 630 CARVER BEACH RD 640 CARVER BEACH RD 581 FOX HILL DR CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 BLOOMBERG COMPANIES 1 LEIGH E COLBY JAY WARRIOR BOX 100 7307 LAREDO DRIVE 7423 FRONTIER TR CHANHASSEN MN 55317 I CHANHASSEN MN 55317 CHANHASSEN MN 55317 1 ROBERT & M WOLF THOMAS & A JONES DEAN & S STANTON 7636 SO SHORE DR 480 BIGHORN DR 13133 58TH AVE N I CHANHASSEN MN 55317 CHANHASSEN MN 55317 PLYMOUTH MN 55442 DONALD & C MEHL LARRY & J KOCH MARK PETERKA I 490 BIGHORN DR 471 BIGHORN DR 9064 PRESERVE BLVD . CHANHASSEN MN 55317 CHANHASSEN MN 55317 EDEN PRAIRIE MN 55347 1 LEONARD & N KISKIS DONALD JR & K MILLER THOMAS & P DEVINE 1 491 BIGHORN DR 13473 WINCHESTER PLACE PO BOX 714 CHANHASSEN MN 55317 EDEN PRAIRIE MN 55344 CHANHASSEN MN 55317 , ROLAND & C POTTER THOMAS HUBERTY MICHAEL HAYDOCK I 7644 SO SHORE DR 6450 FOX PATH 6460 FOX PATH CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 1 KEITH HOFFMAN CHARLES & J PETERSON WILLIAM & K PICKELL 6470 FOX PATH APT 119 716 LAKE POINT ' CHANHASSEN MN 55317 8580 MAGNOLIA TRL CHANHASSEN MN 55317 EDEN PRAIRIE MN 55344 1 Planning Commission Meeting May 20, 1992 - Page 7 into the business of approving picnic tables and grills and stuff like ' that. Aanenson: The ordinance does address that. Emmings: So that isn't an issue. Okay. Batzli: Jeff. 1 Farmakes: I have no further comments other than the one that you mentioned about the dock crossing the lot line. That would be something to look at. ' Batzli: Okay. Can you Paul, also follow up with the association to make sure they're aware of the setback requirements for their dock? Thank you. ' Joan. Ahrens: I don't have anything. 11 Batzli: I don't have any questions either. Would somebody like to make a motion? Emmings: I'll move that the Planning Commission recommend approval of the request of Frontier, what's the name of it? Frontier Trail Beachlot maintaining the 1981 status quo with one dock, 40 feet in length, no boats being moored, continued use of the motor vehicle access, parking for 5. ' Well, for a maximum of 6 cars and a boat launch. And also approval of the swimming beach. Conrad: Second. Emmings moved, Conrad seconded that the Planning Commission recommend ' approval of the Frontier Trail Non - Conforming Recreation Beachlot with one dock, 40 feet in length, no boats being moored, continued use of their motor vehicle access, parking for a maximum of 6 cars, a boat launch (20 feet wide), and a swimming beach. All voted in favor and the motion 1 carried. Batzli: When will this particular item go in front of the City Council? ' Krauss: We don't have the thing up on top but we think it's June 8th. ' PUBLIC HEARING: NON - CONFORMING USE PERMIT FOR A RECREATIONAL BEACHLOT FOR SUNRISE HILLS HOMEOWNERS ASSOCIATION. ' Public Present: ' Name Address Craig Luehr 7226 Frontier Trail ' Kate Aanenson presented the staff report on this item. Chairman Batzli called the public hearing to order. 1 Planning Commission Meeting II May 20, 1992 - Page 8 11 Craig Luehr: My name is Craig Luehr. I'm at 7226 Frontier Trail and I've been there about 2 years now. Actually 2 years almost to the day so I haven't been there since 1981 but it's my understanding that it's pretty II much a status quo type thing. We haven't changed it much. In fact I think it's about a 4 foot shorter dock than it was several years ago but in term of the milfoil, I just want to bring up that we do have a sign next to it and I don't know where it came from. It is a warning of checking it and it stipulates the fine for not checking for the milfoil. And so we have that. We have a locked gate that prevents anybody from coming through. And just 1 like the other group, I think we are all very concerned about the milfoil and I would say we probably police ourselves more than the general. So I don't think I have anything else and I just want to offer myself for any II questions if you have in your further. Batzli: We'll probably have some questions a little later. Thank you. Would anyone else like to address the commission? 1 Conrad moved, Emmings seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. 1 Ahrens: Any problem with the location of the dock on this one? Aanenson: No. I didn't note it on there but in my site visit last fall, II it didn't seem to be a problem. - Ahrens: We're not going to get, I noticed in 1981 there were two canoe racks with spaces for 12 boats but on the survey it showed that there were no boats there. We're not going to get into that I don't assume. Aanenson: Well it just, the survey is vague. It just says there were two 1 canoe racks. It didn't specifically say if there were any boats in it or not. I'm not sure if that was just an oversight or if somebody. II Ahrens: I don't have any problems with this. It looks pretty straight forward. It looks like they're asking exactly what they had in 1981. Batzli: Pretty darn close it looks like. 1 Ahrens: Two more spaces for canoes. I don't have any problem with it. II Batzli: Jeff. Farmakes: I have no comments in regards to this. You may want to pass on" the issue of the milfoil. They have a sign of some sort there. We might look at making these, looking at these signs for these non - conforming accesses to the lake. That's all. 1 Krauss: It occurs to me that this is a lake water quality issue. If there's a reasonable source of signs, we probably can just get the funds 1 out of the swamp program and just give them to the beachlots. Ahrens: Yeah, I don't think we should to raise it on every single beachlot. The milfoil issue... 1 1 Planning Commission Meeting May 20, 1992 - Page 9 Farmakes: I think the issue is when a boat launching for a substantial ' amounts of homes. Batzli: Yeah, do we have any brochures about milfoil or has that ever been covered? Krauss: They are available. We have not given them out. Well, I'll take that back. Our Public Safety Department does have some access to some of ' that. The milfoil control really has been the problems of the DNR so far and it hasn't worked very well. But some of the stuff we've talked about on the swamp committee is our ecologically sound ways to control milfoil. ' There's apparently a linkage between milfoil and water quality. The more nutrient rich the water is, the more likely you have that milfoil is going to root and take hold. And there's some evidence that the introduction of oxygenating plants will help to offset that or retard the growth somewhat. ' It's something that's being dealt with peripherally but it's dealt with by the swamp committee. ' Batzli: Yeah, I guess I'd like to, if we can, I'd like to see us somehow getting some brochures and signs and things to some of them. The beachlot homeowner groups. Steve? Emmings: It looks like a reasonable request to me. Batzli: Matt. ' Ledvina: I had a question regarding the portable restroom that's at the site. They indicate that it didn't exist in 1981 and it does exist in 1991. Can you describe that in terms of how it's maintained? Craig Luehr: This last year, last summer was the first time we had put that to my knowledge on, a portable restroom. It was mainly for the ' convenience and the prevention of going behind our canoe racks with the little kids rather than walking all the way home. And we have within our association we had some discussion around this. It's odors and what not ' and the important thing that we came to was, we as a committee or we as an association are going to demand a weekly maintenance of that to keep that down because some of our members ever were somewhat concerned of that. And last year it was maybe not maintained quite as nice as what we would have liked it to and need corrections along those lines to keep it on a weekly basis maintained to minimize those problems. It is also situated just behind a tree so you really don't see it from the lake that much either. ' And last year it was even kind of green so. Ledvina: Okay, so it's a portable plastic? ' Craig Luehr: A little portable plastic, yes. ' Ledvina: Like the Satellites or whatever? Craig Luehr: Yes. Exactly. ' Emmings: Do they have a permit for that? Did you have a permit for that? Planning Commission Meeting II May 20, 1992 - Page 10 11 Craig Luehr: That I'm not sure. Emmings: Is that a Satellite out there? 1 Aanenson: Yes. Emmings: Did they have a permit for it last year? II Aanenson: I don't remember seeing it. 1 Emmings: I only remember one coming in on Lake Minnewashta. Aanenson: That's right. I have zero on the application. I remember 1 seeing that, yeah. Batzli: It's on the survey but not on the application. 1 Craig Luehr: Okay, so what should we do to correct that? Aanenson: It's a separate issue because they need a separate conditional 1 use so. Emmings: But he should know that. 1 Aanenson: We'll check on that. Craig Luehr: Okay, thank you. 1 Ledvina: No, I think that was all. 1 Conrad: Nothing. This is a real good beachiot. They have their buoys up which leads to a point. A lot of the beachlots that we've looked at in th past, we've approved swimming but they don't have buoys. So the question is, did we hear that we couldn't demand the buoys given that the swimming was grandfathered in? That seems like a reasonable thing. Batzli: Well it seems to me, for health and safety, even the issue of 1 putting a lot of picnic tables and parking in the same location, you'd think that we would be able to at least look at a map at what the heck we're grandfathering in or approving or something. But I don't see that II kind of information in front of us either. So I don't know. Emmings: It might be issues best left to the associations. 1 Conrad: Did you hear what I just said? Not this particular beachiot. They have buoys up for their swimming beaches but there were a couple in 1 last week. Aanenson: The ordinance does say technically if you're to have a swimming 1 beach, that you are supposed to have it marked with buoys. Conrad: So if they didn't? 1 1 Planning Commission Meeting May 20, 1992 - Page 11 Aanenson: We wouldn't enforce it. I'm sure the DNR may enforce that technically I think if you have a swimming beach, you are supposed to have ' it marked with buoys. I think that's up to the association. Conrad: The buoys are not our issue? i Aanenson: I'm not sure if we enforce them. Conrad: Even though we say you should have buoys? Batzli: Do we say that? Where does it say that? Conrad: In our ordinance it does say swimming beaches have to be marked. Aanenson: They should be, yeah. ' Conrad: But Kate is saying that's really the DNR. Aanenson: But if they've been in place since then. If they've been in place. That's the ordinance I was talking about that in 1987 there was an amendment that says, you can have a swimming beach whether or not you're conforming or not but that should be buoyed. But some of these that were existed prior to that, didn't have buoys. Emmings: They may be grandfathered in. Aanenson: Exactly. ' Batzli: But this last one that said in 1987, we weren't going to talk about the swimming area. Did the last one have buoys? We said we didn't have to talk about it because of the 1987 ordinance. Well the marker buoys weren't requested but it seems to me we could require them under the 1987 ' ordinance. If we're allowing it under the 1987 ordinance, we should be able to enforce the '87 ordinance. ' Aanenson: Yeah, but they also had the swimming beach prior to that though too so. Batzli: I thought they didn't in 1981? They didn't in '81 so we're 1 allowing it because of the '87 ordinance. Aanenson: Right. We probably should make them buoy it. 1 Emmings: Well more importantly, is it buoyed or moored? Just musing to myself. ' Batzli: The question is whether this is an issue that we want to at least try and be consistent on. I think that if they're going to allow the swimming beach due to the '87 ordinance, we should try to get them to mark it in accordance with the ordinance. Ahrens: It's just that it's not a big deal is it? I mean not a big request. Planning Commission Meeting May 20, 1992 - Page 12 11 Conrad: No. Batzli: Well between now and City Council. 1 Aanenson: Gotchya. Straighten that out. Batzli: Straighten that out with the homeowners association. That they II should be buoying that. If they're going to have that beachlot. I got lost again. Did we listen to Ladd on that last one? 1 Conrad: Yeah. Sorry I brought that up. I don't even like buoys. Batzli: Ladd, are you done? , Conrad: Oh boy, I'm done. Batzli: Okay. We're having a good time now. I think I just want to echo II Jeff's comment that I would just like to make sure that we're consistent with all these groups coming through. That they're aware of the setback requirements for the dock and I'd also like to, this particular one had thei swimming beach prior to and it also has buoys so that's not going to be, that's it. Emmings: Okay. To clarify or to follow up on what he's talking about. I II would assume that whether they're grandfathered in or not, they're still subject to the dock setback requirements? 1 Aanenson: Roger says they're not. That's why I haven't been raising that issue. Emmings: Oh, they're not? Aanenson: Because if they've had the dock in the same place every year. I Batzli: Yeah, but that last group didn't. Aanenson: That was just a rendering of how they were going to develop , their beachlot. That's why I put that in there. Batzli: Yeah but how to develop their beachlot. See that's the operative II phrase. They are not, they've moved their dock so they're not grandfathered in in one location. Emmings: Well, in any case, all we're approving here is the fact that they' have a dock and how long it is. We're not approving the site of it or anything else. Aanenson: As long as it stays within the setback. But if they have one, I don't want to make this really complicated but the way the ordinance reads, you extend. There's been confusion on how you determine. 1 Krauss: Why don't you put that thing up and we can illustrate. 1 Planning Commission Meeting May 20, 1992 - Page 13 11 Emmings: Well it's hard on both of these that we just looked at because the lot lines, especially this one. Krauss: Well see, that's the thing. It's a matter of interpretation. We interpret this by saying, I mean the whole thing's a little goofy anyway because it goes out beyond your natural property line. But we've interpretted it that it is the natural extension of your property line out into the lake. Emmings: Not at a right angle to the shoreline? 1 Krauss: No. Not perpendicular to the shoreline. Batzli: So we decided it was perpendicular to the shoreline. Krauss: The ordinance doesn't say that. Aanenson: No someone, I think Dick's always believed it that's the way it 11 reads but the ordinance doesn't read that way and I confirmed that with Roger Knutson. He thinks, Dick thinks they meet out in the middle of the lake. That's not it. You just extend the lines out. 5o the fact of the ' matter is, some of these beachlots who have their docks in place, okay if they go out 60 feet, they may cross that line but if they've been that way, they do have that grandfathering status. Okay? That's where some of the confusion comes in. Emmings: Okay. ' Aanenson: Okay? That's why I haven't always been addressing it because some of them they do have some of that. ' Conrad: It doesn't make sense to follow the property line. Once you get to. Ahrens: ...so you have a line drawn to the center of the lake with all these lot lines meeting at some point but sometimes they meet them like this. You meet them like this. Krauss: There's problems equally with either interpretation depending on how the lot line goes. Farmakes: If it's not a permanent structure, it's taken out and put back in every year. Aanenson: No. It has to be out of the water for one year continuously. Then it would be non - conforming. As long as they put it in every season. Batzli: But to be grandfathered in at a location, it would have to be in the same spot? I mean they can't be going? Aanenson: Exactly. Batzli: But what I'm concerned about on this is you've given them an argument somehow when you put a dock on their map which crosses over a lot 1 Planning Commission Meeting May 20, 1992 - Page 14 11 line, regardless of whether they're grandfathered in and we approve it, that somehow we're approving that location. 1 Aanenson: I'm not approving that site plan. Maybe I'll take that out for the City Council. That was just something for you. We're not approving 11 that site plan at all. I'll take that out to make sure there's no. Batzli: Okay, we've seen in the past that people bring in arguments whenever they can find them and I don't want to cause problems for somebody/ 10 years down the road that we somehow approved this tonight. So, those were my only comments. Do we have a motion? Conrad: I move that the Sunrise Hills non - conforming recreational beachlot1 permit or application be approved specifically allowing motor vehicle access, off street parking for 12, one boat launch, a dock of 60 feet, two" canoe racks with 12 spaces, swimming beach, marker buoys, swimming raft. Farmakes: Second. Batzli: Discussion? I just want to make it clear to the applicant that 1 we're not approving right now the portable restroom and you do need to come in for a separate permit for that. If there's no more discussion, let's call the question. Conrad moved, Farmakes seconded that the Planning Commission recommend approval of the Non- Conforming Use Permit for a recreational beachlot for II Sunrise Hills Homeowners Association with one dock, 60 feet in length, no boats being moored or docked, continued use of their motor vehicle access, parking for 12 cars, two canoe racks with space for 12 boats, swimming beach with a raft, marker buoys and a boat launch. All voted in favor and II the motion carried. APPROVAL OF MINUTES: Chairman Batzli noted the Minutes of the Planning 1 Commission meeting dated May 6, 1992 as presented. CITY COUNCIL UPDATE. 1 Batzli: There's nothing in the packet. Krauss: There was not an intervening Council meeting. 1 Batzli: Wasn't there one last Monday? Krauss: This past Monday? Batzli: Yeah. Krauss: Yeah, but that. Batzli: But that wouldn't have been in the packet? Krauss: No. Batzli: I'm on track now. 1 1