4a. Background Information Kate Aanenson x .
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C ITYOF
02AN2AssEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
1 (612) 937 -1900 • FAX (612) 937 -5739
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MEMORANDUM
1 TO: Planning Commission
1 FROM: Kate Aanenson Planner II
DATE: May 1, 1992
1 SUBJ: " Background for Non - Conforming Recreational Beachlots
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BACKGROUND
On February 24, 1992, the City Council appro the Non - Conforming Recreational
Beachlot Ordinance. This ordinance required all non - conforming recreational beachlots to
1 obtain a permit, based on the level of use in 1981. 'T`he goals of the process is twofold. The
first is to return these beachlots to their 1981 status which is the date which they became
non - conforming. The second is to facilitate their regulation and operation in the future.
1 The ordinance requires that these non - conforming beachlots obtain a permit within one year
from the date of adoption of the ordinance or cease and desist. Under the ordinance a
public hearing before the Planning Commission is required with then a recommendation be
1 forwarded to the City Council. The City Council encouraged the use of all available data
to achieve a reasonable determination. ,
111 Because it will take several months to take all of the beachlots though the permit process,
it seems fair that those that go through the process first have the same rights as those who
go through the process last. Therefore, compliance with the ordinance will be effective
February 24, 1993.
1 Staff will be presenting the Planning Commission with documentation as to the their
interpretation of the level of use in the summer of 1981. The homeowners associations have
completed an application; and in some cases provided documentation as to the level of use
1 they are requesting.
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NOT PRINTED ON RECYCLED PAPER
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Planning Commission
May 1, 1992
1 Page 2
Staff will not being making a recommendation as to the level of use that should be
permitted. Instead, staff has provided the Planning Commission with the inventory of each
beachlot completed in the summer of 1981. Again, this data is based on a one day
observation of the beachlots. A copy of the Recreational Beachlot Ordinance is attached.
Those items that are not in conformance with the ordinance need to be addressed. Staff
has prepared a Permit Form so that all items approved for each beachlot can be identified.
1 RECOMMENDATION
' Staff is recommending that the Planning Commission interpret the level of use based on the
information presented by staff, information submitted by the association, and information
gathered at the public hearing. Details of each application are provided in the following
separate reports.
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NON - CONFORMING RECREATIONAL BEACHLOT PERMIT
Approval Date
Association
Lake '
Number of Homes
Size
Shoreline
Motor Vehicle Access
Off - Street Parking '
Boat Launch
Buildings 1
Picnic Tables ,
Grills /Campfires
Seasonal Dock
Diagram
Canoe Racks '
Boats on Land
Boats at Dock '
Boats Moored
Swimming Beach
Marker Bouys 1
Swimming Raft
Miscellaneous '
Attachments:
Planning Commission Minutes
City Council
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' CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
1 ORDINANCE NO. 163
AN ORDINANCE AMENDING CHAPTER 20 OF
THE CHANHASSEN CITY CODE CONCERNING
NON - CONFORMING BEACHLOTS
' THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
1 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
' 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
1 permit.
(c) Applications for a non - conforming use permit shall be
' filed with the Zoning Administrator on prescribed forms. 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
1 r03/13/92
('82 Baseline)
ZONING § 20 -263 ,
(2) Areas where the land slope exceeds twenty -five (25) percent shall not be considered as
a potential soil treatment site. -
(31 The sewage treatment system must be in conformance with chapter 19, article IV. ,
(4) School and day care uses accessory to the church use are not permitted unless
approved by the city council.
(Ord. No :80. Art. V, § 9(5- 9- 1(7)), 12- 15 -86)
Sec. 20 - 260. Private stables.
The following applies to private stables:
(1) Stables shall comply with chapter 5, article III.
(2) Stables must be located a minimum of two hundred (200) feet from wetland areas.
(Ord. No. 80, Art. V, § 9(5- 9- 1(8)), 12- 15 -86)
Sec. 20.261. State - licensed day care centers.
The following applies to state - licensed day care centers:
(1) The site shall have loading and drop off points designed to avoid interfering with
traffic and pedestrian movements.
(2) Outdoor play areas shall be located and designed in a manner which mitigates visual '
and noise impacts on adjoining residential areas.
(3) Each center shall obtain all applicable state, county, and city licenses.
1
(Ord. No. 80, Art. V, § 9(5-9-1(9)), 12- 15 -86)
Sec. 20.262. Hospitals and health care facilities. '
The following applies to hospitals and health care facilities:
(1) The site shall have direct access to collector or arterial streets, as defined in the
comprehensive plan.
(2) Emergency vehicle access shall not be adjacent to or located across a street from any '
residential use.
(Ord. No. 80, Art. V, § 9(5-9-1(10)), 12- 15 -86)
Sec. 20.263. Recreational beach lots.
Intent. Based upon experience, it is recognized by the city that the use of lakeshore by
multiple parties may be an intensive use of lakeshore that may present conflicts with neigh-.
boring uses of lakeshore or the use of other lakeshore on the same lake or the lake itself.
Further, beachlots may generate complaints if they are not maintained to the same standards
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as single - family lakeshore lots. Therefore, the city requires the following conditions for rec-
reational beachlots, in addition to such other conditions that may be prescribed in the permit:
Supp. No. 2
1179
§ 20 -263 CHANHASSEN CITY CODE
' (1) Recreational beach lots shall have at least two hundred (200) feet of lake frontage.
(2) No structure, portable chemical toilet, ice fishing house, camper, trailer, tent, recrea.
tional vehicle or shelter shall be erected, maintained or stored upon any recreational
' beach lot.
(3) No boat, trailer, motor vehicle, including but not limited to cars, trucks, motorcycles,
motorized mini - bikes, all- terrain vehicles or snowmobiles shall be driven upon or
t parked upon any recreational beach lot.
(4) No recreational beach lot shall be used for overnight camping.
(5) Boat launches are prohibited. •
(6) No recreational beachlot shall be used for purposes of overnight storage or overnight
' mooring of more than three (3) motorized or nonmotorized watercraft per dock. If a
recreational beachlot is allowed more than one (1) dock, however, the allowed number
of boats may be clustered. Up to three (3) sailboat moorings shall also be allowed.
' Nonmotorized watercraft such as canoes, windsurfers, sailboards and small sailboats
may be stored overnight on any recreational beachlot if they are stored on racks
specifically designed for that purpose. No more than six (6) watercraft may be stored
' on a rack. The number of racks shall not exceed the amount of storage necessary to
permit one (1) rack slip per lot served by the beachlot; however, in no case shall there
be more than four (4) racks per beachlot. Docking of other watercraft or seaplanes is
permissible at any time other than overnight.
(7) The maximum number of docks on a recreational beachlot is three (3). No dock shall
' be permitted on any recreational beachlot unless the beachlot meets the following
conditions:
a. Shoreline of at least two hundred (200) feet per dock, and
b. Area of at least thirty thousand (30,000) square feet for the first dock and addi-
tional twenty thousand (20,000) square feet for each additional dock.
' (8) No recreational beach lot dock shall exceed six (6) feet in width, and no such dock
shall exceed the greater of fifty (50) feet or the minimum straight -line distance
necessary to reach a water depth of four (4) feet. The width (but not the length) of the
' cross -bar of any "T" or "L" shaped dock shall be included in the computation of
length described in the preceding sentence. The cross -bar of any such dock shall not
measure in excess of twenty -five (25) feet in length.
(9) No dock shall encroach upon any dock set -back zone, provided, however, that the
owner of any two (2) abutting lakeshore sites may erect one (1) common dock within
' the dock setback zone appurtenant to the abutting lakeshore sites, if the common
dock is the only dock on the two (2) lakeshore sites and if the dock otherwise conforms
with the provisions of this chapter.
' (10) No sail boat mooring shall be permitted on any recreational beach lot unless it has at
least two hundred (200) feet of lake frontage. No more than one (1) sail boat mooring
shall be allowed for every two hundred (200) feet of lake frontage.
' Supp. No. 2
1180
ZONING § 20 -263 1
(11) A recreational beach lot is intended to serve as a neighborhood facility for the
subdivision of which it is a part. For purposes of this paragraph, the following terms
shall mean those beach lots which are located either within (urban) or outside (rural)
the Year 2000 Metropolitan Urban Service Area boundary as depicted in the com-
prehensive plan.
a. Urban recreational beach lot: At least eighty (80) percent of the dwelling units,
which have appurtenant rights of access to any recreational beach lot, shall be
located within one thousand (1,000) feet of the recreational beach lot.
b. Rural recreational beach lot: A maximum of fifty (50) dwelling units (including
riparian lots) shall be permitted appurtenant rights of access to the recreational
beach lot. Upon extension of the Metropolitan Urban Service boundary into the
rural area, the urban recreational beach lot standards will apply.
(12) All recreational beach lots, including any recreational beach lots established prior to
February 19, 1987 may be used for swimming beach purposes, but only if swimming
areas are clearly delineated with marker buoys which conform to the United States
Coast Guard standards.
(13) All recreational beachlots shall have a buffer sufficient to insulate other property
owners from beachlot activities. This buffer may consist of topography, streets, veg-
etation, distance (width or depth), or other features or combinations of features which
provide a buffer. To insure appropriate buffering, the city may impose conditions to
insulate beachlot activities including, but not limited to:
a. Increased side or front yard setbacks for beach areas, docks, racks or other al-
lowed
recreational equipment or activities;
b. Hours of use;
c. Planting and maintenance of trees and shrubs;
d. Erection of fences;
e. Standards of maintenance including mowing and trimming; painting and upkeep
of racks, docks and other equipment; disposal of trash and debris;
f. Increased width, depth or area requirements based upon the intensity of the use
proposed or the number of dwellings having rights of access.
To the extent feasible, the city may impose such conditions even after approval of the
beachlot if the city finds it necessary. .
(14) Overnight docking, mooring, and storage of watercraft, where allowed, is restricted
to watercraft owned by the owner /occupant or renter /occupant of homes which have
appurtenant right of access to the recreational beach lot.
(15) The placement of docks, buoys, diving ramps, boat racks, and other structures shall
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be indicated on a site plan approved by the city council.
(Ord. No. 80, Art. V, § 9(5 -9- 1(11)), 12- 15 -86; Ord. No. 80.A, § 1, 6- 15 -87; Ord. No. 87, § 1,
6.13 -88` Ord. No. 121, 2- 26 -90)
UP) d(- 2 . - E W((C 7_011 r e s e-e a m frvtm- ef,+
Supp. No. 2 • 1
1180.1
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CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
MAY 6, 1992
' Chairman Batzli called the meeting to order at 7:40 p.m..
MEMBERS PRESENT: Tim Erhart, Ladd Conrad, Matt Ledvina, Steve Emmings,
Brian Batzli, Jeff Farmakes and Joan Ahrens
STAFF PRESENT: Kate Aanenson, Planner II; Sharmin Al -Jaff, Planner I; and
Dave Hempel, Sr. Engineering Technician
BACKGROUND MEMORANDUM REGARDING RECREATIONAL BEACHLOT NON— CONFORMING USE
PERMITS.
Batzli: Did you want to say anything on this?
' Aanenson: Yeah. I'd just like to make sure we're all clear on the process
that we're going through here. I mean this is for the benefit of the
' audience too but as you recall, we went through whether or not we should go
with the 1981 or 1991 inventory and the Council back in February 24th
adopted the 1981 status is what we should go back as a beachlot. So what
we're trying to do here tonight is determine what was in place and was
' grandfathered in 1981. Now not all of the things in a beachlot can be
corrected. Making them non - conforming. We can't go back and increase the
acreage or the frontage or those sorts of things so what we're trying to
I look at here and what we've highlighted for you is the things that we can
try to bring back to what was it was like in 1981. Mostly that falls in
the category of the boats and the length of the dock, but also includes
some other things like swimming rafts. We tried to highlight those in the
memo. In addition, the concern came up that the ordinance does say that
you've got one year to come into compliance. Now we've asked people to try
to come through this process but to be fair because we won't be able to get
' through all the process maybe until the end of August. That really the
ordinance does say you've got one year to come into compliance so we felt
it would be fair that even though we've taking them through the process
' now, that they become effective February 24th of 1993. So they'd all be
consistent whether they go through first or last. So if everybody's clear
with the process, that's the route we'll be taking.
Conrad: Can we impose additional conditions?
Aanenson: I think the intent is to go back to try to establish what they
' were grandfathered in with. Some of them have conditional uses on them
like have come in for separate conditional uses like a portable toilet or
something like that. Under those circumstances, I would think you could do
' that.
Batzli: Do you want to reask your question?
' Conrad: I'm thinking about how to pull the lots more into conformity or
more under the intent of the ordinance. Maybe not into the letter of the
law but at least trying to assume that which would mean issues like
' buffering.
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Planning Commission Meeting
May 6, 1992 - Page 2 1
Batzli: So if for example there's a dispute as to whether there was 2 or 4'
boats, just by way of example, and you decided to go to 4 boats, would you
need additional buffering as a condition?
Conrad: Something like that. '
Aanenson: It sounds like a question for the attorney. I'm not sure.
We're looking at grandfathering. If we're moving outside of that arena to II
go into looking at a separate conditional use, because we're trying to
create a non - conforming permit. I'm not really sure on that. I guess we
would make a recommendation to the City Council and we can make that
determination at that point.
Batzli: Okay. Having said that, we'll move along to the first public
hearing.
PUBLIC HEARING:
NON - CONFORMING USE PERMIT FOR A RECREATIONAL BEACHLOT FOR MINNEWASHTA CREEK'
HOMEOWNERS ASSOCIATION.
Public Present: ,
Name Address
Mary Jo Moore 3231 Dartmouth Drive
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Dana Johnson Minnewashta Parkway
Ken Hannemann 6580 Joshua Circle
Billie Windschitl Minnewashta Creek Association
Terry Thompson Minnewashta Creek Association
Aanenson: I'd just like to make a couple points of clarification on this. I
There was some misunderstanding between the Homeowners Association and the
staff. There is a pontoon boat being moored on the site. We kept asking
who it belongs to because the adjoining property owner, Mr. Johnson is
concerned because it appears that it's really on his property. We kept
asking the association, is it their boat? No, it's not their boat. Well
they were misunderstanding what they were saying. Yes, it belongs to
someone in the association but it's not the association's boat. 5o there I
is a pontoon boat out there.
Farmakes: Did that person live?
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Aanenson: In the association, yes.
Farmakes: They belong to the association but do they live there?
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Aanenson: Yes. Yes he does. So the application that you have before you
shows no. They're requesting no boats because they felt like that's what II
they had in 1981. But the gentleman here that has the boat is requesting
that he be able to maintain that boat.
Batzli: You're getting ahead of me a little bit. Let's back up. The way
we will conduct the hearings is I will first ask for a staff report. If
there are any issues that need further explanation and then I will request