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5. Non-conforming use permit for beachlot Pleasant Acres HOA CITYOF -- CIIANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937 -1900 • FAX (612) 937 -5739 Acton by City Administrate; 1 EAdorse ttii�- 1 MEMORANDUM ReteciPi Date sdksitted. to Comrnissiori TO: Planning Commission Ice Submitted to Corr,o 6 , - 7 2. —r i Z� FROM: Kate Aanenson, Senior Planner 1 DATE: June 16, 1992 1 SUBJ: Pleasant Acres Non - Conforming Recreational Beachlot REPORT Pleasant Acres subdivision was approved in 1954. The Pleasant Acres recreational beachlot was developed in the late 1960s. Currently, there are approximately 65 homes in the association and in 1981 there were 53 homes in the association. The beachlot is one -half acre in area and has 150 feet of lake frontage. The beachlot does not meet the current minimum requirement of 200 1 feet of lake frontage. It does meet the 30,000 square feet of area. A survey of the beachlot was undertaken by city staff in 1981 and it showed that there were 2 ' docks with a total of 4 boats at the dock, with room for 6 boats. The length of the docks were noted as 60 feet with a perpendicular extension and 48 feet with a perpendicular extension. The total length of the combined section was not noted. The survey in 1981 showed there were 6 ' boats on land and there were no canoe racks noted. The survey in 1981 also noted a chemical toilet at the beachlot. There is a swimming beach marked with buoys and a swimming raft, all of which appeared in the 1981 survey. There is access to the beachlot by a driveway which splits between the association property and the property to the south. There is a boat launch and parking for approximately 10 cars. The 1 location of both docks appear to meet the 10 foot dock setback zone. The association is requesting 1992 status quo of the beachlot, including 16 boats docked, 1 canoe 1 rack with boats, and 3 boats stored on land. The association acknowledges that they do not have good documentation of what was in place in 1981, but challenge the documentation of the inventory done by staff. vel PRINTED ON RECYCLED PAPER 1 1 Planning Commission June 16, 1992 1 Page 2 SUMMARY I The association is requesting 1992 status quo of their beachlot with 2 docks. One dock is 96' e9 g 4 I x 67' feet in length and the second dock is 96' x 12' in length, with space for 16 boats to be docked. They are also seeking continued use of the boat launch, parking, chemical toilet, their motor vehicle access, swimming beach, and 7 boat lifts. 1 PLANNING COMMISSION UPDATE I At the June 3 1992, meeting the Planning Commission recommended approval of 10 boats to be docked, for the Pleasant Acres Homeowners Association. The Planning Commission made the interpretation that since the 1981 inventory showed 4 boats docked and 6 boats on land, a total I of 10 boats appeared in the 1981 inventory. The Planning Commission stated that whether or not the boats are stored on land or at the dock the total number can not exceed 10. (This would not include a canoe rack which would hold 6 non - motorized boats.) The Planning Commission I also approved the 2 docks, 1 boat launch, 1 canoe rack with a maximum of 6 boats and parking for 10 vehicles. The association has had a chemical portable toilet which showed up on the 1981 survey, these are now a conditional use. The Planning Commission did recommend approval of I the portable toilet. The Planning Commission stated that a milfoil sign be placed at the boat launch. 1 Mark Rogers representing Pleasant Acres homeowners association presented the Planning Commission with an opinion by Roger Knutson (attached) regarding expansion of any additional residents at non - conforming beachlots, Mr. Rogers stated that this opinion allows for the 1 expansion of the beachlot. The City Attorney's comments were taken out of context. Roger Knutson has since stated his opinion states that only the number of homes in an association may be expanded, this expansion does not apply to the uses at the non - conforming beachiot. I STAFF RECOMMENDATION 1 Staff recommends that the City Council approve a Non - conforming Recreational Beachlot Permit for Pleasant Acres with provisions as described on Page 3 of this report. 1 1 1 1 1 1 NON - CONFORMING RECREATIONAL BEACHLOT PERMIT ASSOCIATION P.C. CITY COUNCIL I REQUEST RECOMMEND ACTION Association Pleasant Acres Lake Minnewashta I Number of Homes 35/65 1 Size, square feet 30,000 Shoreline 150' Motor Vehicle Access yes yes 1 Off - Street Parking 10 10 Boat Launch 1 1 Buildings not requested I Seasonal Dock 2 2 I (96' x 67' and 96' x 12') Canoe Racks 1 1 1 Boats on Land 3 * Boats at Dock 16 * total 10 1 Boats Moored not requested Swimming Beach yes Marker Buoys yes I Swimming Raft yes 1 Miscellaneous 7 power lifts yes I Chemical Toilet yes * Items requested by the Association for determination. 1 1 1 1 1 , 1 CITY OF CHANHASSEN '` 690 COULTER DRIVE II ' n- CHANEASSEN, MN 55317 NON - CONFORMING RECREATIONAL BEACHLOT APPLICATION 1 HOMEOWNERS ASSOCIATION: Pkeu.s C "\ lac a s CONTACT PERSON: Mark 1�canctrs I ADDRESS: 2 A51 Les tee C u -� ve_ , SxC� is ►©(- ) M, &) , 5S i II TELEPHONE (Day time) .ate C_% --- (C) 5 TELEPHONE (Evening) : 4 /7C) G'0 ' C Please provide all requested data consistent with what existed in 1 the summer of 1981. 1. Number of homes in the Homeowners Association ( 2. Length of shoreland (feet) /SO , 1 3. Total area of Beachiot (in square feet) • 30,000 Z 5-6 AC..- . 4. Number of docks 1 6. Length of dock (s) '76 1 x C. 7 ' (L q6 ' '( 1,2 r 7. Number of boats docked IC I 8. Number of canoe racks 1 i 9. Number of boats stored on canoe racks, 10. Number of boats moored, i.e. canoes, paddle boats, I sailboats. C7 11. Number of boats on land 3 '{" GGL oQs 1 12. Swimming beach Yes X No Buoys Yes )( 'No 13. Swimming Raft Yes )( No . 1 14. Boat Launch Yes X No II 15. Motor vehicle access Yes No Number of parking spaces 10 16. Structures, including portable chemical toilets: Qe GC' r. (Ce?i - a 1 v.f s . ik 4/ . ,r neic ; GC: n pf,tisC�r 16c �-* J //� � - Ems i t 1 1 t • .:,CIC 1 s . ■ ∎� l-C.:f >. •: 4 ! 'C°� • Te be `t' d 7 (;473) Mtnt t‘ n p ,pc�s 4 1- e..otc i' i n Lac Ts park r n a v - r 1 ^6 c' ti C r / Jh driv 1v�� 5 .1 r r II RECREATIONAL BEACHLOT INVENTORY 1981 1986 1991 Pleasant Acres II 53 homes . Lake Minnewashta 30,000 sq. ft. 150' of shoreline 1 Motor Vehicle Access _ yes yes yes Off - Street Parking yes yes yes Boat Launch yes yes yes Permanent Buildings no no no II Setbacks Temporary Buildings no no , no 11 Portable Restroom 1 1 1 Picnic Tables 2 2 • 4 II Grills /Campfires 1 grill 1 grill 2 grills 1 1 1 gas campfire campfire grill II Seasonal Docks 2 1 for 2 1 for 2 swimming swimming 1 Approximate Length Canoe Racks no no no 1 Boats on Land 6 7 0 Boats Moored 0 0 . 0 II Boats Docked 4 room 7 17 for 6 II Swimming Beach yes yes yes Marker Bouys _ yes yes yes II Swimming Raft yes yes yes Comments: clean clean lot lot II 1 II II / 41/4/4/4. ourt.or 1 6 7 / C�FE� ss c /1 9 -, — - — • � - - 4 10 / • ' 5 il 4 I. ` �� 11 / AD I ; 12 3 / 2 2 i 13 r , : 9 to 11 o I F I 12 2 15 I `" CRESTVIEyy DRIVE 3 (063 4 15 14 I'� .7 16 t0�0�' I 1 3 2 Li A 13 11 12P Q MAPLE NCLR. 4 5 R 13 14 C -, R < 5 _ I (O& T 1 G 12 GLENDALE DRIVE 10 :: ; 11 s I s . _r -----3-------- 4 6 / X67 I 3 2 � � 9 8 7 ■ �� 4 , 5o 19 , • . ou,r a_ ``` s MAPLE b`10 1 4,8 — - - DRIVE 1 � - W I s - 783 03--- -173 4 T MARTIN OF MINNEW4SN7� EMETERY t�leASan� G ~r .o ' F .,Q_, /fir - F - N ccy ill.( �,S (�`OUTLOT q BK 2', as i ,LMES �COUNTRY E.�Y_ OAKS ; t Ak D 6K Ii; P47� A IIIII — ��� 3 � I M. S. CAMPBELL Q. J. KERTSON C.D. DOC. NO. 3U 15 C r SITE I 4 3 , 6 STRa TFOR . P :T: _J , 4.. �, o J� / / / ri :. . i // az OUTLOT B STRATFORDRLANE i / BARBARA MAY HEADLA / A BK 73, P 274 �j / 1 1 1 A , 4 r B NEGG ♦ ARK g Q S pQ C p $ 5 g p D _ • n I�f Ot 8 I1 I f II A A 8 q g i. - N N es {� N O 1 §,$ / - _ X81 �1 . M ua •• NO N g,"--- is 111E �! i `la = t = :�� a �� g(+'. i t a �� shit =:1': A i AKE csaw . c� Ail =s l blip :,.�, ! — i ���11 / t � r - , F ' � W 1 NM k4 F ± NV J � � , •�r . ■ , �'i r -- Ell ? � � � "Ai %erten= 1� y;.� / I r LAKE LAKE ' / . L ? 1 y r ;� At / N N E W A S 8 T A • Mall, REG /OVAL - - z Mil li • 4 _ _ - `` - - PARK 11 - - c I Q O �� I AR _ jON .111 > 2 1S7JOE / j - �► . Q - All 0 A -O � �� ■ � �� :ice r - -! / -'� i I Y it CIX/ ,\ , 7 �. �ili ...),'./ _rw li) imiL • .Z if ME — 'w***,_,.., ot III -4141111:1 , air �" I A34 . •..., ti ON ,icz Q. 1 1 ... 4:taiw % viim .4.1 + 0 7 - LYMAN &V0 - (CR 031 _ .� Ol � / 1 I 1 1 l 1 1 f 1 1 o o 1 : ID/ i4- ----- I LAW OFFICES G RANNIS, GRANNIS, FARRELL 1L & KNUTSON Morin L. GRANNIS - 1874 -1961 PROFESSIONAL ASSOCIATION TELECoPIER: DAVID L. GRANNIS, JR. • 1910 -1980 POST OFFICE Box 57 (612) 455 -2359 VANCE B. GRANNIS 403 NOR WEST BANK BUILDING Eulorr B. KNETSCH VANCE B. GRANNIS, JR. 161 NORTH CONCORD EXCHANGE MICHAEL J. MAYER TIMOTF{Y J, $FAG 1 PATRICK A. FARRELL DAVID L. GRANNIS, III SOUTH Sr. PAUL, MINNESOTA 55075 ROGER N. KNUTSON TELEPHONE (612) 455 -1661 DAvmD L. HARMEYER 1 October 5, 1988 II Ms. Jo Ann Olsen Chanhassen City Hall II 690 Coulter Drive, Box 147 Chanhassen, Minnesota 55317 II RE: Pleasant Acres Beachlot - CoL.tf-tom C m k t Dear Jo Ann: - 1 Enclosed is a memorandum concerning Pleasant Acres beachiot. Our conclusion is that the use of the beachiot by additional residents would not be an expansion of a non - conforming use. 1 Very truly yours, 1 GR. : IS, G•ANNIS, FARRELL NUTSe', P.A. I RNK :srn - oger N. Knutson Enclosure 1 1 1 • 1 1 Post-It' brand fax transmittal memo 7671 # of pages ■ �L , -, ; L.� ° LA r .Q P _tki u .. FTO mAA _ p g'•� _ 0 CT 0 7 1988 Co. ALs Dept. Phone # O — G A , CITY OF CHANHASSLN Fax# • -E8 1 F ` II 1 M E M O R A N D U M • 11[ TO: Roger N. Knutson FROM: Doug Pedersen 'I DATE: October 5, 1988 RE: Chanhassen - Pleasant Acres Beachiot INTRODUCTION ' The City of Chanhassen has been considering the application of David Johnson to subdivide 10.75 acres, consisting of part of , Lot 5 and Outlot A of Pleasant Acres, into 27 single family residential lots. One of the City's concerns has been the adequacy of park and recreational land accessible to the residents in this area of the City. As part of the original subdivision of Pleasant Acres, the land for this proposed subdivision was given a right of access to a recreational beachlot on Lake Minnewashta. This beachlot was created prior to the time when a City Ordinance went into effect making beachlots in residential districts a conditional use requiring a permit. Since the Pleasant Acres beachlot was already established, it was not required to comply with the new ordinance but, instead, became a non - conforming use. , The Pleasant Acres beachlot is 31,080 square feet in size with 150 feet of shoreline. There is also limited access for the parking of 10 to 12 cars. There are presently 60 families with_ access to the beachlot. The new subdivision is expected to add an additional 26 families. The City is concerned that the increase in usage of this beachlot due to the new subdivision would constitute an expansion or enlargement of the non - conforming use in violation of the Chanhassen City Code. The Code provides that non - conforming uses cannot be enlarged or expanded unless explicitly authorized elsewhere in the Code. ISSUE Does an increase in the number of people using the beachlot constitute an extension or enlargement of the non - conforming use? DISCUSSION Zoning ordinances generally may prohibit the creation of new ' l non - conforming uses, but existing non - conforming uses must either be allowed to continue or be eliminated through the use of eminent domain. County of Freeborn v. Claussen, 295 Minn. 96,99, 203 N.W.2d 323,325 (1972). Zoning ordinances do not, however, 1 need to allow non - conforming uses to expand or enlarge. Id. II Accordingly, the Chanhassen City Code, Section 20 -71, provides: the lawful use of a building or land existing on February • 15, 1987, may be continued, although such use does not I conform with the provisions of this Chapter. Except as otherwise provided, non - conforming uses shall not be extended or enlarged. [emphasis added] 1 The question thus becomes whether the increase in use of the Pleasant Acres beachlot, due to the new subdivision, constitutes k an "extension or enlargement" of the non - conforming use. There is no Minnesota case law directly on point. However, courts from other jurisdictions have dealt with this issue. The I Wisconsin Court of Appeals stated: I If an increase in volume, intensity, or frequency of use is coupled with some element of identifiable change or extension, the enlargement will invalidate a legal non- conforming use. However, a mere increase in the volume, I intensity, or frequency of a non - conforming use is not sufficient to invalidate it. II Waukesha County v. Seitz, 409 N.W.2d 403,406 (Wis.Ct.App. 1987). The court went on to hold that the marina which defendant was operating as a non - conforming use had not been illegally extended I or enlarged even though he had extended the pier from 80 feet to 192 feet and had expanded the dry- docking capacity from 5 boats to 54 boats. The court stated that the increased intensity and volume of the marina use was due to increased recreational use of the lake. The structural enlargements were held not to be an I illegal expansion of the non - conforming use because plaintiff failed to show that the changes violated any statute or II ordinance. Id. at 408. Other courts have also held a mere increase in volume or intensity of a non - conforming use does not constitute an illegal I expansion or enlargement of that use. See, Hunziker v. Grande, 456 N.E.2d 516,518 (Ohio App. 1982) [An increase in the volume of business alone does not constitute an unlawful expansion of a ' non - conforming use where the nature of the land is virtually unchanged]; Carroll v. Hurst, 103 I11.App.3d 984, 431 N.E.2d 1344,1348 (1982) [A mere increase in business does not constitute I an illegal extension; a change in the nature or purpose of the undertaking must be shown]; 4 Rathkopf, The Law of Zoning and Planning, 51 -86 (1988) [increase in intensity is permissible as long as the nature and character of the use remains unchanged]; I 101A C.J.S. Zoning and Land Planning § 169, p. 519 [a non- conforming use may generally be increased in volume, scope, and intensity]. The proposed subdivision in Chanhassen would only increase the number of families with access to the beachlot and would not, 1 -2- 11 II� apparently, make any structural changes or modifications to the beachlot itself. Therefore, if the Minnesota courts were to ollow the line of cases holding an increase in intensity alone II does not constitute an illegal expansion, there is nothing the City can do. If, however, the City can show that the increased volume and intensity has significantly changed the "nature and II character" of the use, a court might find the requisite extension or enlargement. The City would have to wait, however, until an actual increase has occurred in order to show a change caused by the increased use. ' The Minnesota courts might adopt the line of cases restricting the size and scope of non - conforming uses to their I size and scope at the time the use became non - conforming. This analysis does not help Chanhassen because at the time the • Pleasant Acres beachlot became a non - conforming use the property mr involved in the new subdivision already had the deeded right of Iii access to use the beachlot. Therefore, it will be argued that the scope and size of the beachlot at the time it became non- conforming included the potential increase from further II subdivision of the Pleasant Acres property. CONCLUSION II Most courts which have dealt with the issue have held that a mere increase in the intensity or volume of a non - conforming use II will not constitute an illegal extension of that use. Since the Minnesota courts have not dealt with the issue, they will likely adopt this approach. Even if, however, the court were to I restrictively interpret Chanhassen's ordinance to require the beachlot to remain at the size and scope it had attained when the ordinance was passed, that size and scope would have included the II proposed increase since the access rights were deeded prior to the passage of the ordinance. 1 II 1 II II -3- 1 II II = er:ded 't PLEASANT ACFES JAN 20, 1 STREET LIGHT EUR'.Ei' II ALBRECHT MARL. & CATH1 4011 CRESTVIEW DRIVE 470- 1632 FOR SALE II X NO ANENT DAN & DEBBIE 4010 CRESTVIEW DRIVE 474 -3685 9X 'T E : :9 ANDERSON MRS. LES 6651 M I NNEWASHTA F :W f 474 -5511 LAKEFRONT II X Y ANDERSON RICK & LYNN 6641 P I F'EWO! D CURVE 474-7773 3 II YES ANVARY ROSS & BETH 3810 LESLEE CURVE 470-1522 FOR SALE YES BARTZ DIANE 3661 LESLEE CURVE 474-6719 II X NO 8AC HLOR GARY & ANY 3 CRESTVIEW DRIVE 474-5567 II X YES BE.LLEF'T RICH & BETTf 6641 MAPLE F' 474 -9607 NO ! ENNYHOFF JI11 .. 1-NDFEA 3921 LESLEE CU RRYE 474-511S II NO BERO BUD & SANDHI 6640 PIPEWO3LI CURVE 470-5230 X NO BRAIJDT DON .. BETTY 3901 LESLEE CURVE 474-4653 II NO 8RO:KF'AHLER, BRAD &F'ETEFSON,ROXANNE3340 MAPLE CIFCLE474 -3 57 II ES BROS ZOE 6631 MINNEWASHTA PKWY .474 -525b LAKEFRONT X 1 ES BULEN DONN & KAREN 3871 LESLEE CUFVE 474-6474 II YES BURKMAN DOI•J & TERI 3946 CRESTVIEW DF IVE 474 - 3006. YES CARLSON CURT & BETTY 4020 LESLEE CURVE 474 -9599 X NO CECKO MICHAEL & CAROL3910 CRESTVIEW DRIVE474 -0606 II X YES COURTNEY CRAIG & MARY 3901 CRESTVIEW DRIVE47O -0755 NO CROSBY CHIP 3820 MAPLE CIRCLE 474 - 7006 NO DAHLIN GENE & CAROL 3530 GLENDALE DRIVE 474 -0424 YES DAVIS MAC & JUDY 6630 PIFEWOOD CURVE 474 -9334 I YES DECKER VINCE & BEA 3861 LESLEE CURVE 474 -8316 II YES DEL:JICHE L'rLE 4121 PIFEWOOD CUR'JE 474 -1475 X ., �.i R4: " i 4 Nt FR DPW:. +;:iE r� LESLEE it 47 �_� D;E;LO , - C,E .. . - - ± 35 1 LESLEE CU-'.'_ �97C II NO FAJNN H;.r R f & ELAINE 382'2 LESLEE CURVE 474-9765 . II . - . . II X YES. ERICPSON STEvE & LESLEE f ;70-0811 11 X YES FROEHLING JOE & : :38' LEELEF CIJR!.T. -]74-6158 II YES HAASKc DON & M: - 33:1 ELENDALE DPI ' '74-8651FOR SALE YES HANSON TFFR'l 66:1 PIREWnOt CIIT- 1 70-1153 II YESx2 HAD; JA13 1 : 1 71- 66r RIFEWOOD CU 17 4-61:2 - YES HARRIER BRUCE & L'' -1 1 PIPEWnrip Fur 1-A-7,5A3 II X NO HEIN LEONARD ' 7 -' , IY713K , LESLEE CHP,'E ' II YES HELLER ROY & M 0.-,10 PIPEWonn cur: : X YES HULTHER CHUCK 7 _ 7- -* 3: LESLEE Ft -4-1603 II X YES ISHAM VERN & 30- 407;0 1..P C UV 17 4-T 7 IA YES JOHNSON JERR1 r 3 GLENDALE Tiri .74-0742 II Y JOSFEH ROEFRT ' - r A7C NIN4EWAF -,- )-0581" , LAIEFPnNT II X NO KAMMERER DAVE 40 CRESTAuJ pr - 7 0-4 7 KEHR BARBARA 3S LESLEE CURVE FOR SALE II X YES KINSMAN RICH F, 17' 33,Y) TRESTVIEW 7 - II X YES KNIGbE • STEVE & .7 ' 33I0 GLENDALE DR' X YES KORTGARD JPRRf F„ vT I 3.?01 GLENDALE 7, R7 ' :74-740 II X ? KRAmER DAVE & t -4 : -. '''' GLENDALE DV 1 70-1366 LANGSWEIRDT LARRY & Lc 3811 GLENDALE DPI '- 47 II YES LARKIN JIM & E. 6671 M/NNEWAEHTA l' 1 74-8534 LAKEFRONT II X YES LOEFFLER LARF:Y Z. !' 1 -- 1-11;1 3370 GLENDALE niPI ': 1 74-3620 X NO LUCAS ED & EETT 3941 LESLEE CURVE '74-5075 II YES LUDLOW BRAD & 1". 1 : 17 . 6641 mINNEWASwif: • i' .474-6560 LAKEFRONT X YES MARCY MIKE & L 6 FIREWOOD C1 17. )-1330 II TOM & t 4111 RADDOU L;.vr_ 17 4-7339 SOLD JAN 91 II X NO MALFARLANE C0 :- ,Yr 3SC.' LESLEE CUR ' YES mENTEN DAL_E !:, 71.- 66D0 MINNEWASHTA r! - II ' ____ ^. NI ' . ^ II Rc i z . 1 2 ) OVERN RO6ERT - 47: �T�TE HIGH:/A' - :71-7:-:-77 FOR SALE I X NO PETERS GEnRGE & 1-+ 4 01 '' LESLEE CUR'):' 1 74-47 7 7 : II X NO POEPlTZ TOM & KARE'' 4IA ELEND4LE [`R/':r '7a-6455 NO RASMUSSEN DAVID & T��7. ) 6611 FIPFW[]D CU.7 ' 174-0028 II X NO RIDDLE RALPH & SAT-'- 4000 LESLEE CUPvE - 4-7879 II X NO ROGERS MARK & :AP/ 3851 LESLEE [UFVc 1 70-00S6 X YES ROWLA|vD GARY & 11 ,1,-- 7 2R:! SLBMD4L[ Dr:' 74-9245 II R: ':4 NO RUSH PAT & R 3810 MAPLE Cl�:iE ` - X NO? RYAN MIKE & ELir 385:2 MAPLE [I;-:. 17 C'-1570 I X NO? SCHEELE PAUL & Ll`' ` 3320 LESLEE [Uv' 17 0-9362 II X ? SCHILLING TOD & SUS-// 3311 LEFLEE 1:UR' 17 4-7256 X YES SCHMELT7ER DON & GLC`/ ^ 3821 GLENDALE I NI X Y? SHERIDAN TIM & TEP: 4020 GLENDALE DFI ; X NO STEINBERG AL & JAN 3310 LESLEE CURCE 470-(224 m� STEVENS GEORGE & T.-E`[rtY3 LESLEE CURVP UHLlSTED FOR SALE VACANT ~~ YES STONER GARY & JEAr''::" 657} PlpEWOOD CUF'.� 1 74-1554 FnR SALE Y BWANSON,DEAN & HANUI, Di-/[/ 6720 MAPLE ROAD :7 0I X YES VOlGT GARY 4010 GLENDALE DRIvE 1 74-3540 ' YES WALL JANET 6580 PIPEWOOD [UR'� -474-6028 ~~ X YES WALTON JOHN & SUE 3820 MAPLE CIRCLE 1 74-6952 II X NO WARHOHL PETE & LOLA J821 LESLEE [UR[ 1 74-7177 . YES WEBER CHUCK & [1 GLENDALE DF7 - 170-0958 NI 3�31 CRESTVIE# 77 ' ''OT JUST SOLD RECAP : TOTAL 89 LOTS ~~ 48 - YES - HAVE SIGNED PETlTInN I`/ r:IYgR 2 - r/r - PROBABLY NO II 3 - Y - IN FAVOR - HA:E'HT 1 77) PETITl[N 21 - '^ - - OT IN cAVOp QF LIGHTS 1 - Y? - PROBABLY YES 3 - /' '}TACT - HOUSE BUILT NI 6 - ? - NOT SURE OR t ETRO|' r , 4 - : ' i:TC,CT - VACANT LnT 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 o ooh -- t -�"-,� '`°vvir:1 • n'70f;99.5 1 ARTICLES OF INCORPORATION .".. OF II Pleasant Acres Home Owners Association' ARTICLES OF INCORPORATION entered into this 7th day of !larch 1968, I by and between the undersigned subscribers, all adult citizens of the United States, who hereby associate themselves together as a body politic undar ane pursuant to the provisions of Chapter 317, Minnesota Status Annotated, known as the Minnesota Nonprofit Corporation Act, and they 1 adopt the following proposed Charter: ARTICLE 1 1 The name of this Corporation shall be Pleasant Acres Howe Owners Association. II ARTICLE II (A) The purpose of this Corporation shall be: , I 1. Recreation facilities f/7.11::: idents of the T1easant- Acres Community] Chanhassen , Carver Ccunty, Minnesota. 2. To organize, establish, conduct and maintain facilities and 1 accommodations to enable its members to enjoy' outdoor recreation on property owned by this Corporation. - 3. To construct, hire, purchase, own, lease, operate, manage, maintain, II acquire by girt or devise, and to sell and dispose of all real and personal property necessary, incident or convenient to the conduct and purpose of this Corporation.. 4. To assess such dues and maintenance fees to its Members as may be 1 necessary for the furtherance of the purpose of the Corporation. 5. To borrow money for corporate purposes and to isake, accept, indorse, • execute and issue promissory notes, bills of exchange, bonds, deben- 1 tures or ogler obligations from ti. »z to time for the purchase of property or for any purpose in carrying out the aims and purposes of the Corporation, and to secure payment of any such obligations by mortgage, p1ei assignment of deed of trust or otherwise. 1 (B) The foregoing clauses shall be construed both as objects and powers, and enumeration of specific purposes therein shall not be held to • limit or restrict in any manner the powers of this Corporation, and are in furtherance of and in addition to, and not in limitation of, 1 ��`r" the general powers conferred by the laws of the State of Minnesota, - r �j � and each of the purposes, objects and powers specified in this article shall be regarded as independent purposes, objects and powers and shall in no wise be limited by reference to or inference from the terms of II any other clause, paragraph or statement of this article. ARTICLE III II This Corporation shall not afford.pecnniarmainr incidentally or o therwise, to its members. • II -). ..16 4...e,ws.a.A. Aig)t-D/l-A. 1,AA '....)62 -4 (l' , 1 EZ h 1 .— _Le:It_ 0 -,.._,t- 0 6 0 1 Dar___ 6,,,,,,IftyLk.' ,..,.fu 7-: a-d-,---S.(_49-A-A-1,----0-. 1 II ARTICLE IV The period of duration of corporate existence of this Corporation shall be perpetual. • ARTICLE V 1 The location of the registered office of the Corporation in this state is: 'Route 1, Box 836, Excelsior, Minnesota.! Zr, 1 L stn �� p /` A 7 ARIICLE VI The Corporation shall have no capital stock and shall not have II a seal. ARTICLE VII II The names and addresses of the present. persons who are to act as , incorporators and in the capacity of principal bfficeri'(Direct.ors7 until �y.) - the selection of their successors are as follows: J Robert J. Linda hl. President - Route 1, Pleasant Acres, Excelsior, Minn., i..)6(-74- William J. Kerber, Vice President - Route 1, Pleasant Acres, Excelsior, Minn. Karer. A. Anderson, Secretary - Route 1, Pleasant Acres, Excelsior, Minn. James D, Hardy, Treasurer - Route 1, Pleasant Acres, Excelsior, Minn. James D. Bennyhoff, Representative - Route 1, Pleasant Acres, Excelsior, Minn. 7 � o , � ARTICLE VIII 6. e , r The manaCeiient of this Corporation shall be vested in a Board ofl a 4 Directors of not less than three, nor more than ten,)all of whom shall be Pte^ members of the Corporation. T:.e first Board of Directors is to be composed �. ` ' lof the persons whose naives and addresses are set forth in Article Seven R-- ' hereof. Said persons shall hold office for a tterrr'of one year`and until 2 �,,,� - ` their respective successors shall be duly elected and qualified. In the case of a vacancy in the Board of Directors, the tenure in office of a successor shall be the reuainper of the term of the director leaving such vacancy. CU ,, A -7• ` b 1-'-)"j-6., C am/ ' ° . � ,y p r, t' p,^� 0.1. ifKTICLE IX 'I - ' There shall be no personal liability of members for corporate oblige - P1 1 (p tions and there shall be no method of enforcement and collection of corpor- eY ate obligations against the members. 1 ARTICLE X The membership of this Corporation shall be :inited to residents of the II arca known as 'Pleasant Acres; Chanhassen Village, Carver County, Minnesota. II 1 1 61 I ARTICLE XI I The right to repeal, alter' or amend this charter any time ise hereby expressly reserved, but any alteration, modification, or amendment made to said charter shall be governed by and shall not conflict with the I provisions of the Minnesota Nonprofit Corporation Act. IN TESTI?1 NY WHEREOF, we have hereunto set our hands this '14 1 day of March, 1968 / 1 Witnesses: Poi-4J ^, , e L � � ' / - ! ...� )'yI' ?• ' ,t..: l, .' ;' 11 1 .,(,7 /217) J __ . 1 / 1 STATE OF MINNESOTA ) I ) ss. COUNTY OF HENNEPIN) On this 14th day of t•tnrch,1968 before me a Notary Public within and for said County,personally appeared, Robert J. Lindahl, William J. Kerber, Karen A. Anderson, James D. Bennyhoff 111 rt Jades D. Hardy , to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed tha same as their free act and deed. 1 — .- Notary Public : •±,•' `4 : • ' -S' '',N Jr., :ET K- DOWELL • .4... . .+ tic• •-• a :a - C.1 •, a +an. My Comr...ss ['wt.., M ... g.ri '�Ia % ... ''o. , :a . & I ' } � DEP 4.t ;-41:::o. r - OF STA 1 rby certif; t -t the within 1 was fl i,:d f: ,r r e:�Td in this e /y day of ' !`�'�Z � at f o'clock rte. tit., ly recorded in Bo ok, X —�-7 AppR'D !4 Fr I tions, on page meg- ' ,p IND F ,, a °� C ce 0 1 S ocre ary of S teito 71 4. 1 ______. .._____________ . . . . • - • .. 1 . .0- t370G995 ..... " - • •...............z..: (y-,e 0 53 ? d) f. i4 ..,,r1,./,t,j 1 / - • - ---- --- 1 • :rb8 699 5 $ CO3 .0n I. • o o . . lzr:ru r 1 OF DEEDS . _-_-_,.... 1#, , A ,. l r•.: . .-". - " 13' - . • • . . , • STATE OF , . . cc I Y Ur t:, .-:V•:r? 1 hr .f,e • • t 1h.' fhi :L .! • : ; : • ... k A. .; . 4 .,.,..". cm ; 44. . ::....; e: : 7 :: : :,.: , k k .• • OFFICE OF REGISTER OF DEEDS, .... . '7 . •1.1nifae• 'rti 4/4-4/9 I STATE OF MINNESOTA, . ' ..::: • County of Hennepin • 6444 . W / , 1.: ••....-t!. • 1 bereby certify that the within in- '.4 240-40-.<477-1(246-171,11. I . .. , strument :of:sailed in this 4(/e for . record on th*LL—dapil 2 : A. D. 1968. at_...X....o'clockg721. ----re7, --. -- '-' ...7C/.3-- 1 and was duty recorded in Book 68 of ------. ,--. Hennepin County Records . ' e ' r .se.. 7,4•: , - - * ' 7 • ° 1 • on page.. 3706995 i -.3 5 a ...s.--.. f 1 Y K 2—. ,r 5,tRegi. erotPe / >,.././.0t...-4---- • ii • . • •• • • 40 1 AA . . .. • • • •.:t '-: • ' • • . 7 ri : - aege2,4■1?';d. ■Claget .);,fre----;-71-6 /...//,/ . • OW-71044 ao,0-0-c/ )j..e..e.‹.-. / . • . • - , _ go ril.t.o. eg. 0../"S-e,-.0-i W ...>-tk.e.e...a.-=r--,..r..e"..elr.....c4-e--e---" ... ', / P. ,¢ , I , a • f - 4 . g 36 . ; i Wt ' i . (. • 1 ,._ ---- - • -. t t 1 • 1 1 ••• - ..- 1 1 1 Zi)ii5 inbcnture, dfade this. 0/ g .. day ot . 14aY ! , 19 4 betw eon. mid.' w _. 1 ' ' of the County of CCarvar....... and State of Minnesota .. a Acres ' pars .y of the first part, stnd T ►t .. ._......... Home Owners Association, a .._....,..»......»». I non.- .prpI.it _.. :... _.. ».. .., s corporation under the laws of the State o f... .ktinna.a.at. %.. ...,�..._.., p arty of the second pare, Utnc cab, That the said part Y..•, of the first part, in consideration of the auras of I . 0NE••••(.$ 1•.• 00•) ....and...athar....go.od....and valuable OQ. n. 5.14.e.rat1-4n - -DOLL.4Ij$, to hor ire hand paid by the said party of the amend part, the receipt whereof u hereby aoknowledged, do.....$•.. hereby Orant, Bargain, Qultolaim, and Convey unto the said party of the second part, its suooesaore and asaiina, Forever, all the tract or parcel of land kin/ and being • I in the Cownty of co corver .and Slate of Minnesota des • r' ed a.s follows to-wit: That part of Government Lot 5, Section 5, Townah.i 1i.�, Range 23; lying South of the South line of Pleasant Aoros, according to the recorded plat thereof; (said South line being parallel to and 412.50 foot North of tho South lino of said Government Lot No. 5'), Beet ors - I tItu Ea•turly right -of -way lino or Carver County Road No.° 15 e(formerly knc. ;. as County Road No. 3, or Glencoe :.tad), and North or a line di'uvn parallel to and 262.50 feet North of c.atd South line of said i• s' , ' Government Lot No. 5. . T his Quitclaim Deed is expressl given on the condition that said • This shall be used only as a private lake access end area for the owners of lots or parcels in (1) the plat of PR1aa.s"nt4 Aces, (2) Acres 2nd Addition?, (3) the unplatted, I lapds now owned by me in Section 6 Township 116, Rango• and in i Government Lot 5, Section 5, Townahi'p 116, Range 231 and to their heirs and assigns, Subject to reasonable rules and regulations of said"' home owners!. asitooiationi •The party of the second part accepts this • conveyance subjeot to the restrictions and conditions above set forth I aid it is expressly agreed that, in the event the second party shall• ' , use or suffer the use of said premises for any other purpose than as 7. a lake apcess and recreation area for the benefit of the enumerated classes. of persons above set out, thi•e conveyance shall thereupon I become void and the title thereto shall revert to and become the • ` property of the first party, her heirs and assigns, in fee simple. I I I O lE TA (� • Ili 1' , . :. C: d, , IC• 'tot I •, 110 •' ! .. . li,J $ et - -- - 1 , , I , An. 1 ,,,.:. • Zo 3abe Anb to Kolb tie iptenC, Together with all the hereditament"' and appurtenances there- unto belonging or in anywise appertaining, to the said party of the second part, its eucoe sera and designs, F orever. I In Zgbtimonp tapered, The said pansy of the first part hal hereunto set her hand .... the day and year first above written. T. I I n presence of i .... , ! . _.... ` 1 P f I Lee R. Anderson . fit ..0. 1, ' • • 572.' • . 1 -- _ -. -_ . . .- -'- • I d THE PLEASANT ACRES HOMEOWNERS ASSOCIATION REQUESTS APPROVAL OF ITS APPLICATION FOR A NON - CONFORMING RECREATIONAL USE BEACHLOT 1 PERMIT, AT THE ASSOCIATION'S REQUESTED LEVELS. IN PARTICULAR, WE REQUEST 16 BOATS, RATHER THAN THE 10 BOATS 1 RECOMMENDED BY THE PLANNING COMMISSION. I The Association calls into question the City's 1981 survey for the following reasons: I Al. The ordinance passed in 1992 refers to the nature and extent of the beachlot use. One survey does not establish this. By definition, the ordinance seeks to establish maximum limits on the beachlot use. It is extremely unlikely that I the one survey the city conducted in 1981 captured the maximum conditions which existed, and no evidence has been presented to show that there was any additional surveys or monitoring to establish the maximum use. 1 A2. Thomas Merz, 3201 Dartmouth Drive (N. shore of Minnewashta), stated before the city council on February 10, 1992, that he remembered there being 15 I boats at Pleasant Acres in 1981. Mr. Merz spoke at the request of Councilman Richard Wing. Councilman Wing introduced Mr. Merz as a long time lake resident and participant in several lake planning groups. Mr. Merz has no 1 known obligations or connections with Pleasant Acres. It must be noted that at the June 3 Planning Commission meeting, Mr. Merz I denied having said this or intending to say this, but a check of the transcripts or videotape of the meeting will show that he did. I A3. Pleasant Acres boats had been moored in front of the north adjacent vacant lot up until the time the lot was developed (approximately 1989). This may account for some of the city's reduced boat count. I A4. Our members' recollection that there were never as few as 4 or 6 boats at the I beach lot (as stated in the survey). A5. Dock length and width information from the 1981 survey was not distributed to I the Associations with the rest of the survey information. It was not until just before the Planning Commission meeting - after we had applied for the permit - that we received this information. This suggests the city staff was not confident I of the dock dimensions and may not be confident of any of the survey data. 1 1 1 I THE ASSOCIATION ALSO QUESTIONS THE LEGALITY OF THE CITY LIMITING THE USE OF THE BEACHLOT IN THE PROPOSED MANNER. I 1. An October 5, 1988 legal opinion written by Mr. Doug B 9 p Y 9 Pederson of Grannis, Grannis, Farrell & Knutson and addressed to Mr. Roger Knutson, specifically I concerning the Pleasant Acres beachiot, contradicts the city's opinion that it can limit the number of boats (and whatever else) to be permitted at the I beachiot to that which the city believes was present in 1981. This opinion, while written to address the issue of whether more homes could I be added to Pleasant Acres, contains a case reference (Waukesha County v. Seitz) which directly discuss issues such as number of boats and length of dock. I This places into question the ability of the city to limit items such as number of boats docked at the beachiot, even if the number had I increased. Further, it calls into question whether the city can ever limit the number of boats (for example) while the number of homes in the neighborhood is still increasing or has the potential to increase. I The most important excerpt from this opinion, is the last sentence of the conclusion on page 3: I "Even it however, the court were to restrictively interpret Chanhassen's ordinance to require the beachiot to remain at the size and scope it had 1 attained when the ordinance was passed, that size and scope would have included the proposed increase (referring to the potential increase from further subdivision) since the access rights were deeded prior to the 1 passage of the ordinance ". I Other pertinent excerpts: Chanhassen City Code, Section 20 -71, page 2 "the lawful use of a building or land existing on February 15, 1987, may I be continued, although such use does not conform with the provisions of this Chapter. Except as otherwise provide, non - conforming uses shall not be extended or enlarged." 1 The importance of this section is that the date of the ordinance is February 15, 1987. This section of the code was revised again on I January 1, 1992 to make the wording even more restrictive. These revisions show that the ordinance concerning non - conforming uses has changed several times. I'm not sure what the ordinance looked I like from 1982 - 1987. It would seem that you can't tighten an ordinance up and then go back and retroactively enforce the new language. 1' Waukesha County v. Seitz, page 2 The structural enlargements were held not to be an illegal expansion of the non - conforming use because plaintiff failed to show that the changes violated any statue or ordinance." 1 In our case, the only statutes or ordinances which could apply here are the frequently changing Non - conforming Use Section 20 -71 or the ' beachlot ordinance passed this past winter requiring permits for non- conforming use beachlots. If the Non - conforming Use Section 20 -71 applies, you'd have to decide which version applied and then still ' interpret what is an expansion of a non - conforming use. The Law of Zoning and Planning, page 2 "a non - conforming use may generally be increased in volume, scope, and intensity" ' second paragraph, page 3 "The Minnesota courts might adopt the line of cases restricting the size and scope of non - conforming uses to their size and scope at the time the use became non - conforming. This analysis does not help Chanhassen because at the time the Pleasant Acres beachlot became a non- conforming use the property involved in the new subdivision already had ' the deeded right of access to use the beachlot. There, it will be argued that the scope and size of the beachlot at the time it became non- conforming included the potential increase from further subdivision of the 1 Pleasant Acres properly." B2. To document that the number of homes in Pleasant Acres has increased, we offer the following: 1 The city staff maintains that in 1981 there were 53 homes in the Pleasant Acres Association. Our current records show that the number of homes in the Association now is at least 82 with many more being built (this ' number is supported by the list of names included in the city's briefing packet). 1 For some reason, city staff maintains that there are only 65 homes now, which further calls into question the facts presented by the city staff. 1 1 1 1