2c. Zoning Ordinance amending section 20-263 portable toilets on beachlots CITY OF
CHANHASSEN
0034 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN;MINNESOTA 55317
1 (612) 937-1900 • FAX (612) 937-5739
AdT1 irosTn,'Q
1 MEMORANDUM
TO: Don Ashworth, City Manager - - C"4 (_
1
FROM: Sharmin Al-Jaff, Planner I
THROUGH: Paul Krauss, Planning Director r «.s4
1 DATE: May 1, 1991 - ar -5'
SUBJ: Zoning Ordinance Amendment to Amend Section 20-263
1 Regarding Portable Chemical Toilets on Recreational
Beachlots - Second and Final Reading
On April 22, 1991, the City Council reviewed a zoning ordinance
amendment to allow portable chemical toilets on recreational
1 beachlots as a conditional use permit (Attachment #2) .
The City Council added a condition that would require applicants to
use portable chemical toilet units equipped with a tip-over storage
1 tank. Language has been added to the proposed ordinance to
accommodate this condition.
RECOMMENDATION
1 Staff recommends the City Council a pp rove second and final
reading
for the attached zoning ordinance amendment amending Section 20-263
1 regarding portable chemical toilets on recreational beachlots as
shown in Attachment #1.
1 ATTACHMENTS
1. Proposed ordinance amendment.
1 2 . Old draft ordinance amendment and City Council minutes dated
April 22, 1991.
3 . Memo from Sharmin Al-Jaff dated April 22, 1991.
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CAMPBELL , KNUTSON , SCOTT & FUCHS , P .A May 1 ,91 12 : 1y No .uu� r .uz
II NEW DRAFT
II
CITY OF CHANHASSEN
ICARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO
I
AN ORDINANCE AMENDING CHAPTER 20 OF
THE CHANHASSEN CITY CODE CONCERNING
IRECREATIONAL SEACHLOTS
ITHE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Section 20-263 (2) of the Chanhassen City Code is
iamended to read:
Except as specifically provided herein, no structure, ice
fishing house, camper, trailer, tent, recreational vehicle,
I or shelter shall be erected, maintained, or stored upon any
recreational beachlet.
I Section 2. Section 20-263 of the Chanhassen City Code is
amended by adding subparagraph (16) to read:
I Portable chemical toilets may be allowed as a condition of
approval of a recreational beachiot. The maintenance and use
of chemical toilets on some beachlots may be unsuitable
because they cannot be adequately screened from residential
I neighbors or lake users. Any use of chemical toilets on
recreational beachlots shall be subject to the following:
I a. The minimum setback from the ordinary high water mark
shall be 75 feet. Side and front yard setbacks shall be
maximized to achieve maximum screening from adjacent
Ilots and the lake.
b. It may only be used Memorial Day to Labor Day and shall
be removed from the lot during the rest of the year.
Ic. It shall be securely anchored to the ground to prevent
tipping.
Id. It shall be screened from the lake and residential
property with landscaping.
Ie. It shall be serviced at least weekly. _
f. Only models designed to minimize the potential for
Ispilling may be used. .
g. Receipt of an annual license from the City's Planning
I Department. The license shall be issued unless the
conditions of approval or this ordinance have been
IATTACHMENT #1
r05/01 /91
I
violated. All license applications shall be accompanied I
by the following information:
i) Name, address, and phone number of applicants. '
ii) Site plan showing proposed location of chemical
toilets. '
iii) Name, address, and phone number of chemical toilet
supplier.
iv) Plan for commerically maintaining the chemical
toilet, including a copy of any agreement for
maintenance, and the name, address, and phone
number of person responsible for maintenance.
v) A written description of how the applicant intends
to screen the portable chemical toilet from all
views into the property, including views from the
lake.
Section 3. This ordinance shall be effective immediately
upon is passage and publication.
PASSED AND ADOPTED by the Chanhassen City Council this
day of , 1991.
ATTEST:
Don Ashworth, Clerk/Manager Donald J. Chmiel, Mayor
(Published in the Chanhassen Villager on , 1991. ) '
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OLD ORDINANCE
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES; MINNESOTA
' ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20 OF
THE CHANHASSEN CITY CODE CONCERNING
RECREATIONAL BEACHLOTS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Section 20-263 (2) of the Chanhassen City Code is
amended to read:
' Except as specifically provided herein, no structure, ice
fishing house, camper, trailer, tent, recreational vehicle,
or shelter shall be erected, maintained, or stored upon any
' recreational beachlot.
Section 2. Section 20-263 of the Chanhassen City Code is
amended by adding subparagraph (16) to read:
Portable chemical toilets may be allowed as a condition of
approval of a recreational beachlot. The maintenance and use
' of chemical toilets on some beachlots may be unsuitable
because they cannot be adequately screened from residential
neighbors or lake users. Any use of chemical toilets on
' recreational beachlots shall be subject to the following:
a. The minimum setback from the ordinary high water mark
shall be 75 feet. Side and front yard setbacks shall be
maximized to achieve maximum screening from adjacent
lots and the lake. •
b. It may only be used Memorial Day to Labor Day and shall
' be removed from the lot during the rest of the year.
c. It shall be securely anchored to the ground to prevent
tipping.
d. It shall be screened from the lake and rsidential
Iproperty with landscaping.
e. It shall be serviced at least weekly.
f. Receipt of an annual license from the City's Planning
Department. The license shall be issued unless the "
conditions of approval or this ordinance have been
' violated. All license applications shall be accompanied
by the following information:
04/10/91 ATTACHMENT # ?
I
i) Name, address, and phone number of applicants.
ii) Site plan showing proposed location of chemical
toilets.
iii) Name, address, and phone number of chemical toilet
supplier. '
iv) Plan for commerically maintaining the chemical
toilet, including a copy of any agreement for
maintenance, and the name, address, and phone
number of person responsible for maintenance.
• v) A written description of how the applicant intends '
to screen the portable chemical toilet from all
views into the property, including views from the
lake. ,
Section 3. This ordinance shall be effective immediately
upon its passage and publication.
PASSED AND ADOPTED by the Chanhassen City Council this
• day of , 1991. ,
ATTEST: '
Don Ashworth, Clerk/Manager Donald J. Chmiel, Mayor ,
(Published in the Chanhassen Villager on , 1991. ) ,
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IICity Council Meeting - April 22, 1991
IIMayor Chmiel: Oh, he's a wizard. He can do that . Right Tom?
Don Ashworth: Almost two weeks from now and then people writing in. So again,
you may want the second meeting in May may be a little more reasonable.
IIMayor Chmiel: Okay. Let me ask another question. How far does this throw off
what we're looking for?
IITodd Hoffman: If you want to address the time line at all. Otherwise,
obviously this construction is going to start mid-late summer. We'd like to
I wind things up, wrap things up end of October. That type of thing and have the
structure basically completed and ready to go to do the final fittings in 1992.
Mayor Chmiel: So I guess I don't see any real problem with delaying this. Any
I whatsoever and I think possibly, as what Don has indicated, to be able to pull
that together and see what input we can get .
ITodd Hoffman: Sure.
Councilman Workman: So we're going to look at it in 2 weeks?
IDon Ashworth: Again, the second meeting in May which would be about .
Councilman Workman: The third week.
IIDon Ashworth: The third week, yes. The third Monday.
II Mayor Chmiel: Yeah, which would be the 20th of May. Okay? Again, I don't
think any action is really required at this time. Thank you. Let us just move
right along.
I ZONING ORDINANCE AMENDMENT TO SECTION 20-263 REGARDING PORTABLE CHEMICAL TOILETS
ON RECREATIONAL BEACHLOTS.
I Paul Krauss: Mr. Mayor, members of the Council. The Planning Commission got
involved in this issue last fall when they received a request for a variance, as
I recall, to locate a chemical toilet on a beachlot . At the present time our
II ordinance specifically excludes this type of use on a beachlot and staff
investigated this and we had concluded originally that we would recommend denial
of that given the fact that we're familiar with some problems that had occurred.
II The item came up to the Planning Commission and the Planning Commission
indicated that they were receptive to this but wanted to make sure that if it
were to be allowed, that it be sensitive to the fact that beachlots are
oftentimes, well they are in residential neighborhoods. They're oftentimes
I close to other homes and they wanted to make sure that the environmental and
neighborhood impacts, if these were to be allowed, would be considered. The
Planning Commission reviewed a couple of drafts of an ordinance. The most
II recent one was prepared in cooperation with Chairman Emmings who indicated that
he would be willing to work on this. The Commission ultimately recommended
approval of this ordinance and it was scheduled to be heard by you I believe 2
or 4 weeks ago. The City Attorney indicated that upon reading the final draft ,
I he had some questions in a couple of areas and asked for an opportunity to
correct what he felt needed to be addressed. It was a somewhat minor point in
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City Council Meeting - April 22, 1991 I
terms of ordinance but it was an issue that the Planning Commission talked about
quite a bit and that was, how the neighbors should be brought into this
discussion. And the current ordinance has been corrected to eliminate the I
guess obligation that was formally in there that the beachlot proponent have the
homeowner's sign off on something. So in other words, the original draft would
have given them the right to approve or deny it and that right really resides in
the City Council. These are conditional use permits so if you have an existing
beachlot or if you're proposing a new beachlot , or a new toilet on a beachlot,
it has to go through the CUP procedure during which we notify everybody within
500 feet and everybody has the opportunity to speak at a public hearing. The
current ordinance requires a 75 foot setback from the lake. The chemical toilet
would be available for use from Memorial Oay to Labor Day. It must be anchored
securely to the ground because the one incident that we're aware of involved
vandals tipping these things over and polluting the beach. We think the
anchoring gets away from that. It's got to be screneed, not only from the lake
but also from adjoining properties. It has to be servied weekly to hopefully
get at the odor or cleanliness problems and there's an annual license required.
Now these things would not require annual CUP review. You get your conditional
use permit once and the way it 's set up is that the Planning staff would handle
this as an annual license. As long as we confirm that the commission's approval
had been violated and that we hadn't received any complains or anything else
about it , then we would just process the license renewal. If there were
problems, we would bring it back through the Planning Commission and City
Council. . With that we are now comfortable with this ordinance and we are
recommending it 's approval. '
Mayor Chmiel: Very good. Thank you. Any discussion? Ursula.
Councilwoman Dimler: Yeah. I think it 's been discussed enough and I recommend '
approval. I move Zoning Ordinance Amendment to Section 20-263, Recreational
Beachlots regarding Portable Chemical Toilets.
Councilman Wing: Being they exist and I think this is going to give us much
greater control, in fact may discourage some, I'll second that .
Mayor Chmiel: Good. It's been moved and seconded. Any further discussion? Tom.
Councilman Workman: We're a little hasty here tonight I would say.
Councilwoman Dimler: We've discussed it enough Tom.
Councilman Workman: Well, we're going to discuss it some more. I think the
intent of this, of the homeowners associations and everybody else, they have a
strong case. I can think of a lot of reasons why you should have them. I've
come to the conclusion that we're either, on this issue we're either 5 years
ahead of our time or we're 25 behind and I think we're 25 behind on this. If
you're just talking about the use and why they're needed, and then go ahead. I
think the issue is chem toy, chemical toilets' design. I think they're ugly.
They're a degradation of the beachlots, of the beaches, of everything else for
sight, smell. You name the sense, except when you need to use one, they're
fantastic. I don't know what the solution is to that but I think this, and
maybe they're there and maybe we need to force their elimination but this to me
seems like a step back into something prehistoric. All under the guise of
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City Council Meeting - April 22, 1991
convenience. And I don't think the decisions that we've made on Council the
past years, tree ordinances, how things look, environment , water, you name it , I
don't think this fits in that . And again, I season that with well if you're
sitting down there and you've got to cross Minnewashta Parkway to get to it and
' you're a quarter of a mile away from home, you have very few options when Mother
Nature calls. But I think this is, so what I'm saying is, I don't think it has
been worked out . I don't think the aesthetics or how it 's all going to happen
or how we should allow it to happen, has been worked out sufficiently for me to
say yes to this. And so I'm going to vote against it until we can figure that
out .
' Mayor Chmiel: I think you're going to look at another design Tom?
Councilman Workman: I don't know. They're built cheap and ready to go. When
we allow them in every one of our parks, we're saying great. We've voting for
' that design.
Mayor Chmiel: I don't think we're going to see a difference in design,
' unfortunately.
Councilwoman Dimler: I don't think it 's up to the City Council to design
chemical toilets. I mean we're going to buy or get what 's out there in the
market and when the market improves, we'll get the better ones. Maybe we can
stipulate that .
Councilman Workman: I'm not saying we're going to design the toilets.
Councilwoman Dimler: No, but .
' Councilman Workman: I'm just saying, the units they have is made of, I don't
know plastic. They smell. For every thing that 's bad about them, there's one
good thing about them and I don't think it balances at all. I think we lose a
lot more than we gain. That 's all I'm saying.
Mayor Chmiel: Well yeah, and I understand that. I think with the maintenance
' that they do on them, more frequently, eliminates the odor problem. I've been
out on job sites and unfortunately I've found that to be true. If that is
consistent with cleaning. Secondly, if you tip those over, they're self-
, contained. Runoff is very unlikely.
Councilman Workman: I've seen one tipped over.
' Mayor Chmiel: Then it 's probably not the newer design. The newer designs had
that taken care of. I'm not saying that we shouldn't fasten them. They have to
be fastened because kids are going to be kids. Unfortunately. Mike, you were
going to say something?
Councilman Mason: I was just going to ask. Is it as, you've just mentioned
' that the new ones are designed so that if they're- tipped, they don't spill. Is
it written anywhere in here that that has to be those kind of chemical toilets?
Krauss: No it isn't. We're going on the presumption that it has to be anchored
so it shouldn't tip in the first place but we have been told that the new ones
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City Council Meeting - April 22, 1991 1
have I guess some sort of a sump in it so when it tips over it basically catches
itself.
Councilman Mason: I guess I'd like to see something like that in there because
saying it 's anchored so it won't tip over, you get a number of senior high
students or whatever that decide otherwise. I mean I guess I'd want to know how
they're going to be anchored before I'd be comfortable.
Councilwoman Dimler: So, excuse me. Paul, are you saying that they're already 1
designing them better now?
Paul Krauss: That's what we've heard. '
Councilwoman Dimler: Can we stipulate that we get the newer designs then?
Paul Krauss: From what I understand that that 's the new technology, I would
assume that we could probably demand that , yes.
Councilwoman Dimler: Okay. Let 's do that.
Councilman Wing: What about the screening Paul? That was a big issue. How
tight are you going to be on the screening?
Paul Krauss: Well that's really left up to the analysis of the Planning
Commission themselves. It was viewed as one of those situations where it 's
almost impossible to say what screening is going to work in what way but the
object , the way this ordinance addresses it is it says that this may be
unsuitable if it can't be adequately screened and you're going to have to make
that determination. The beachlot in question here I think is only 50 feet wide.
The one that brought this up. That maybe a very tough one to work on. Now it
may be fine but because it may be so narrow, it needs more intensive efforts to
do it. But that 's grounds to deny it. If it 's not effective, that 's grounds to
reject it .
Councilman Wing: The Planning Commission discussed the tipping issue at length.
In much more detail than we did. I wound up feeling it really was not an issue
at this point , considering the screening and so, it does affect that
neighborhood in particular. They have to police it. Call the motion Mr. Mayor?
Councilwoman Dimler: Call the question?
Mayor Chmiel: Any further? '
Councilman Mason: I just, if I could just make one quick comment on-' that. I
basically agree with everything Tom is saying. I don't like them. However, I
live in Carver Beach and I do spend some time also down at Lotus Lake there and
there is a chemical toilet there. And when you have a 5 year old that needs to
go to the bathroom and you live a half mile away, it creates some problems. I
was talking with my wife about this one and I kind of thought she'd say, I don't
think we should have them and her comment was, well great. Now kids won't go in
the lake or behind a tree so I don't know. I disagree with how Councilman
Workman's going to vote on this but I agree wholeheartedly with his philosophy, '
which may not help much but I. . .
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City Council Meeting - April 22, 1991
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Councilwoman Dimler: I agree with that too. I think here the practicality to
11 me outweighs the aesthetics.
Councilman Workman: If you live a half a mile away from one of these things,
you haven't got a problem. If you live next to it, or if you're driving by,
you're looking at it or anything else, then you've got a problem. So it 's the
people, and I've lived near this. Near these situations.
' Councilman Mason: The one on Carver Beach, you can't see from the road. I mean
it is well screened and that's.
Councilman Workman: Yeah, well Carver Beach is well screened.
Councilman Mason:- Well that 's true. I mean even going down Carver Beach Road
' there it 's set back in. There's a barricade around it and you really don't know
it's there unless you're using it .
Mayor Chmiel: We have one in Greenwood Shores Park as well.
' Councilman Wing: Is that City?
' Mayor Chmiel: Yes. City park. And that one is pretty well screened too. In
fact , sometimes you can't even see it .
Councilman Workman: I'm just saying, we've got a situation, and we may as well
II - not even have this ordinance because apparently they're up anyway. So this is
just another ordinance following.
' Paul Krauss: I should say part of the problem too in the Planning Commission
reviewing this was the fact that the City does it in our own parks in similar
situations yet we prohibit private parties from doing it on a common
' recreational beachlot .
Councilman Workman: Well, I think those are a little different that we invite
people to go there en masse and you expect that .
' Paul Krauss: And ideally we maintain it well.
' Mayor Chmiel: Being there no further discussion, I'll call the question.
Councilwoman Dimler moved, Councilman Wing seconded to approve Zoning Ordinance ,
' Amendment #90-9 for regulating portable chemical toilets as a conditional use
permit on recreational beachlots as shown in Attachment #1 with the addition
that only spill proof models will be allowed. All voted in favor except
Councilman Workman who opposed and the motion carried with a vote of 4 to 1.
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CITY OF
/a 1
10401. -- cHANHAssEN
690 COULTER DRIVE •• P.O. BOX 147•• CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-573 ,-,�_, . -- ,-- ,,s,, 1,
MEMORANDUM
r.
TO: Don Ashworth, City Manager ,;
FROM: Sharmin Al-Jaff, Planner I --.&-- - - _ --- ,
THROUGH: Paul Krauss, Planning Director
DATE: April 22, 1991 1
SUBJ: Zoning Ordinance Amendment to Section 20-263,
Recreational Beachlots Regarding Portable Chemical I
Toilets
At the November 7, 1990, Planning Commission meeting, staff
presented a proposed ordinance amendment to Section 20-263
II
regarding portable chemical toilets on recreational beachlots.
Many issues were raised by the Planning Commission concerning
setbacks from the lake, screening of the structure and anchoring II the structure to prevent tipping.
Chairman Emmings proposed that he would undertake drafting of an
alternative ordinance. The Planning Commission tabled action on II the proposed ordinance and directed staff to conduct further
research (Attachment #1) .
On March 3 , 1991, the Planning Commission reviewed the amended I
proposed ordinance which was drafted by Chairman Emmings. The
amended version required applicants to appear before the Planning
Commission and City Council to secure a conditional use permit for II a portable chemical toilet on a recreational beachlot. The
applicant would then have to make application to the Planning
Department on an annual basis to renew the permit. Staff would II then ensure that the applicant still meets all the conditions of
approval prior to approving the renewal permit. The time period in
which a portable chemical toilet would be allowed on a beachlot was
I
proposed to be limited from June 15th to September 5th of each
year. The proposed setback for the structure from the ordinary
high water mark was 75 feet. The proposed ordinance will allow ,
staff to work with individual beachlots and assess each proposal on
II
its own merits. The Planning Commission recommended approved and
forwarded the ordinance to the City Council.
The City Attorney reviewed the proposed ordinances and had some I
concerns with one of the conditions of approval. This condition
required the witten consent of all residents adjacent to the
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11 Portable Chemical Toilets
April 22, 1991
Page 2
beachlot as to the location, screening, and side setback of the
portable toilet. The item was pulled from the March 25, 1991, City
Council meeting agenda, but Councilwoman Dimler requested that the
item be discussed. One of the issues of concern raised by
Councilman Workman was the reason why other cities recommended
' against implementing an ordinance that would regulate portable
toilets. Staff again contacted the cities that were first
contacted and was told that there has not been an urgency to
implement such an ordinance. The only exception was the City of
' Minnetonka when a case of vandalism occurred where a portable
toilet was tipped into Libbs Lake, the bay was contaminated and a
public beach closed. In the case of the City of Chanhassen, staff
' feels that the situation could be remedied as the ordinance
requires that portable toilets must be securely anchored to the
ground.
' A new ordinance has been drafted by the City Attorney which is very
similar to the ordinance which the Planning Commission recommended •
for approval. The only difference is the elimination of the
' condition which gives the residents adjacent to the beachlot to
give their written consent as to the location of the portable
toilet. This ordinance will be part of the beachlot ordinance and
' will be approved as part of a conditional use permit for the
beachlot.
PLANNING COMMISSION ACTION
' The Planning Commission recommended approval of proposed ordinance
amendment on a vote of 5 to 1. •
' Staff still has some concerns with the use of chemical toilets in
close proximity to lakes. However, the draft ordinance addresses
' the issues that have been raised to the extent feasible. As
drafted, chemical toilets will be allowed by a conditional use
permit and will become part of the recreational beachlot
regulations.
' RECOMMENDATION
Staff recommends the City Council adopt the following motion:
"The City Council approves Zoning Ordinance Amendment #90-9 for
regulating portable chemical toilets as a conditional use permit on
' recreational beachlots as shown in Attachment #1. "
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