6. CUP Portable Toilet on Beachlot, Minnewashta Creek 2nd Addition •, - CITY OF h 6
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PC DATE: June 19, 1991^°'
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CHM7HAEI CC DATE: July 8, 1991
�� CASE #: 91-5 CUP
• By: Al-Jaff:v
1 STAFF , REPORT
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PROPOSAL: Amendment to the Conditional Use Permit to Install a
II imm Portable Chemical Toilet During the Summer Season on a
Recreational Beachlot
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IIQ LOCATION: Minnewashta Parkway across from Linden Circle
Outlot B, Minnewashta Creek Second Addition
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APPLICANT: . Minnewashta Creek Homeowners Association
3891 Linden Circle
Excelsior, MN 55331
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IIPRESENT ZONING: PUD-R, Planned Unit Deyelopment-Residential
ACREAGE: Approximately 9,600 square feet
I �I W1 by City Adminlanu r
DENSITY: 'dined ✓ -Diat
II ADJACENT ZONING AND Ibdiiied
LAND USE: N - RSF; single family � m"6,_a7_q
S - RSF; single family Date
E - Lake Minnewashta Daate Submitted to CommissloA .
I agtim. W - PUD-R; single family
Date Submitted to Cots le4
WATER AND SEWER: Available to the site. 7- .8 ' 9 )
I es •
Lt! PHYSICAL CHARACTER. : The site is a riparian lot to Lake
11 W Minnewashta.
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II2000 LAND• USE PLAN: Low Density Residential
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Minnewashta Creek HOA
Conditional Use Permit Amendment
June 19, 1991
Page 2 '
BACKGROUND
On November 1, 1979, the City entered into a conditional use permit 1
agreement with Minnewashta Creek Homeowners Association to allow
the creation of a recreational beachlot. The site was allowed a
sand beach, a fence and a sign stating "Private Beach". All other
structures were prohibited such as docks, piers, boat racks, canoe
. racks, etc.
On August 13, 1990, a variance request was heard by the Board of
Adjustments and Appeals and City Council requesting installation of
a portable chemical toilet during the summer seasons on the
recreational beachlot located on Minnewashta Parkway across from
Linden Circle by the Minnewashta Creek homeowners. The Board of
Adjustments and City Council denied the variance request
unanimously. They believed that this request would be more
appropriately reviewed as an amendment to the ordinance. They
directed staff to prepare an ordinance amendment that would allow
for chemical toilets. Staff worked closely with the ,Planning
Commission to develop an ordinance that would allow portable
chemical toilets on recreational beachlots.
On May 6, 1991, an ordinance amendment was adopted by the City '
Council.
PROPOSAL/SUMMARY I
The applicant is proposing to install a portable chemical toilet
during the summer seasons on the recreational beachlot owned by the
Minnewashta Creek Homeowners Association. In 1979 when this
recreational beachlot received its conditional use permit, it had
to meet the condition that the beachlot was operated by a
residential neighborhood association. Although this beachlot does
not meet today's standards, it is extremely well kept. A fence is
located to the north and south edges of the property. A sand
blanket is located on the east portion of the property. The site
also contains a 42 inch caliper oak tree located to the north of
the site which is the approximate location of where the applicants
are proposing to install the portable chemical toilet. The
portable chemical toilet is proposed to be enclosed in a framework
of wooden lattice, on three sides with an extension in front
concealing the view of the door. The applicant is also proposing
to plant climbing vines at the base of the lattice on all three '
sides of the structure. Staff is recommending approval of the
conditional use permit request with appropriate conditions.
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Minnewashta Creek HOA
Conditional Use Permit Amendment
June 19, 1991
' Page 3
Conditional Use Permit
Section 20-263 of the City Code, subpara. 16 allows portable
chemical toilets as a condition of approval of a recreational
beachlot. Minnewashta Homeowners beachlot was approved with a
conditional use permit in 1979. The ordinance states that any use
of chemical toilets on recreational beachiots shall be subject to
the following conditions:
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.
' * The applicant is proposing to locate the portable
chemical toilet at a distance of 129 feet from the
' ordinary high water mark of Lake Minnewashta, with a 10
foot setback to the south, 45 feet to the north and 40
feet from Minnewashta Parkway. The portable chemical
toilet will be enclosed in a framework of wooden lattice
on 3 sides with an extension on the front concealing the
view of the door. Climbing vines will be planted at the
base of the lattice on all 3 sides of the structure to
maximize screening.
b. It may only be used Memorial Day to Labor Day and shall be
removed from the lot during the rest of the year.
* The applicant has submitted a copy of a service
agreement. A date for delivery of the unit has not been
specified as of yet mainly because the applicant is
waiting for city approval of the conditional use permit.
They have agreed to abide by the outlined time
limitations.
c. It shall be securely anchored to the ground to prevent
' tipping.
* The applicant has requested a BFI portable toilet unit.
Each BFI unit is mounted on skids which extend from the
front and back 1 to 3 inches. To stake the units to the
ground, they use 3 foot wooden stakes that driven into
the ground and then nailed to the skids on all 4 sides of
the unit. Also, building a wooden shelter around the
portable toilet to contain the unit will leave very
little room to move or rock the unit, thus discouraging
vandalism.
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Minnewashta Creek HOA I
Conditional Use Permit Amendment
June 19, 1991
Page 4 '
d. It shall be screened from the lake and residential property
with landscaping.
* As mentioned earlier, the applicant plans on providing a
lattice framework on three sides of the unit with an
extension in front concealing the view of the door.
Climbing vines are proposed to be planted at the base of
the lattice on all three sides of the structure. A 42
inch oak tree located west of the proposed location of
the portable toilet will provide additipnal screening
from Minnewashta Parkway.
e. It shall be serviced at least weekly. 1
* The contract indicates that the unit will be serviced at
least once a week by BFI. I
f. Only models designed to minimize the potential for spilling
may be used. I
* BFI uses specially designed tanks that are slope designed
so that the contents cannot spill out if tipped unless
the tank is over half full. Furthermore, BFI uses
chemicals that are bio-degradable to be environmentally
safe in case a spill did happen.
g. Receive an annual license from the City Planning Department.
The license shall be issued unless the conditions of approval
of this ordinance have been violated. All license
applications shall be accompanied by the following
information:
1) Name, address and phone number of applicant. '
2) Site plan showing proposed location.
3) Name, address and phone number of chemical toilet
supplier.
4) Plan for commercially maintaining the chemical toilet,
including a copy of any agreement for maintenance and the
name, address and phone number of person responsible for
maintenance.
5) 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. I
* The applicant has submitted all of the above requirements
as shown in the attachments. I
Although the applicants are seeking to intensify the use of the
recreational beachlot by adding a portable chemical toilet on a
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Minnewashta Creek HOA
Conditional Use Permit Amendment
June 19, 1991
' Page 5
beachlot that does not meet today's standards, the applicants have
kept the beachlot well maintained. If improvements were believed
to be necessary, in the opinion of staff, we would have proposed
that these be required. However, upon review of the site, we find
it to be satisfactory. The portable toilet will be at a reasonable
distance from the high water mark of Lake Minnewashta and will be
screened with a wooden framework as well as vegetation. The 42
inch caliper oak tree will provide additional screening.
PLANNING COMMISSION ACTION
The Planning Commission reviewed this proposal on June 19, 1991.
Staff had originally visited the site on June 5th. The site
appeared to be in compliance with the conditions of the original
conditional use permit for a recreational beachlot. Since then, a
' pontoon boat and boat lift have been installed by a member of the
Minnewashta Homeowner's Association. This action was brought to
our attention by Councilman Wing, who lives on Lake Minnewashta.
The lift and pontoon boat must be removed prior to installation of
the portable chemical toilet. Other than that the proposal meets
the intent of the ordinance, therefore, the Planning Commission
recommended approval of the conditional use permit with the
condition that the boat lift and pontoon boat be removed prior to
installation of the portable chemical toilet.
' RECOMMENDATION
Staff recommends the City Council adopt the following motion:
' "The City Council approves Conditional Use Permit #91-5 to allow a
portable chemical toilet on Minnewashta Creek Homeowners
Association Recreational Beachlot (Outlot B) with the following
conditions:
1. The applicant applies for a license from the city on an annual
ibasis prior to installation of the portable chemical toilet.
2. The portable chemical toilet shall only be permitted from
Memorial Day to Labor Day and shall be removed from the
' beachlot during the rest of the year.
3. The beachlot shall be maintained in good condition in a manner
consistent with previous approvals and current ordinance
requirements.
4. The portable chemical toilet shall be located in accordance
with the application/plans received by the City on May 20,
1991.
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Minnewashta Creek HOA
Conditional Use Permit Amendment
June 19, 1991
Page 6 I
5. The pontoon boat and lift shall be removed prior to
installation of the portable chemical toilet. "
ATTACHMENTS
1. Portable chemical toilet application. ,
2 . Plan showing proposed location of portable chemical toilet.
3 . Written description and sketch of screening the portable
chemical toilet.
4. Copy of service agreement between BFI and Minnewashta Creek
Homeowners Association.
5. Letter from BFI dated June 12, 1991.
6. Letter from BFI dated June 5, 1991.
7. Zoning Ordinance No. 6A.04.
8. Staff report and Planning Commission minutes dated July 23,
1979.
9. Copy of conditional use permit dated November 1, 1979.
10. Planning Commission minutes dated June 17, 1991.
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CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
937-1900
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PORTABLE CHEMICAL TOILET APPLICATION
Homeowners Association Name Id / . . , ',4 X K • _ 1.
Name of Person Applying /V74 All Aey AkILSO N/
Address 3 d e3 I f._./ 1 /C f 11/ C/ PC I&
' Telephone No. Daytime `T 7 — 306A- Evening taA L
' Name of Chemical Toilet Supplier Br" �&2V i Ccs C GAO j INC
Address ,2_/6 — /(1 p--T 14 m pis. M AI. 554/1
rTelephone No. 55.E — 1511
Name of Person Responsible for Maintenance ,arie- 6ecup..4AK
Address (f) Mr/2 74 t)7 Av /14pL , MA/.
rTelephone No. 553 - /517
rThe following information must be submitted:
1. Site plan showing proposed location of chemical toilet.
' 2 . A written description of how the applicant intends to screen
the portable chemical toile from all views into the property,
' including views from the lake.
3 . A plan for commercially maintaining the chemical toilet,
including a copy of any agreement for maintenance.
rApproval Date
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• CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317-
(612) 937-1900 ,
DEVELOPMENT REVIEW APPLICATION
APPLICANT: /kOV6It �t ,P S A6ScciA
ADDRESS: 3 F') t%/ ivcier! ('f r C/& ADDRESS:
7
�X C' A:Vct, M KI. 553.31
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TELEPHONE (Day time) '7" 111-- 305Z TELEPHONE:
1. Comprehensive Plan Amendment 11. Subdivision
2. y. Conditional Use Permit 12. Vacation of ROW/Easements
3. Grading/Excavation Permit 13. Variance '
4. Interim Use Permit 14. Wetland Alteration Permit ,
5 Notification Signs 15. Zoning Appeal
6. Planned Unit Development 16. Zoning Ordinance Amendment
7. Rezoning 17. Filing Fees/Attorney Cost
8. Sign Permits 18. Consultant Fees '
9. Sign Plan Review '
10. Site Plan Review TOTAL FEE$
A list of all property owners within 500 feet of the boundaries of the property must A, .
included with the application.
Twenty-six full size folded copies of the plans must be submitted. '
8W X 11" Reduced copy of transparency for each plan sheet.
* NOTE - When multiple applications are processed,the appropriate fee shall be charged for each application.
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.---,PROJECT NAME �) 1 iii i t: -'c%t`,�h}c\ ( P , 1`o ol.6nLf).''s �`Je.ok.:3\kcit
LOCATION �:r.= ('�',.4. \e.nr,t Po r- htc (0(-0,A t= C,-0 I�1(0i1E-. s . cl.�OJ���:t'-/
A Lr 5 F cc?m i__i(\d.ei{\ ( cJe
ILEGAL DESCRIPTION =-_ r_-_A k,,"\. (, C a ;,c-'..' f .
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' PRESENT ZONING I- ' 1 A,. -1- -- i
IREQUESTED ZONING 'O D—PRESENT LAND USE DESIGNATION
IREQUESTED LAND USE DESIGNATION
REASON FOR THIS REQUEST
1: Minnewashta Parkway creates a potential hazard to any pedestrian! -
I crossing it. Although there is a painted crosswalk ands
This pedestrian crossing si signs II information
and 9 9 posted, most vehicles ignore them, and fifer with the
few motorists obey the posted 30 m.p.h. speed limit.
Plan Dlication.
I 2. We believe in a clean environment and a clean lake to swim in.
This Dr complying
with While we would hope all beach users would take the time to go am the party
whoa home and use their own toilet facilities, we know this is not , of proof of
I happening. Especially with small children who usually run out
auth, of time". - The portable chemical toilet companies we have or I am the
contacted have assured us that the unit would per week often if deemed be cleaned a
minimum of once p or more oen eeme necessary.
II
I will a in. I further
undE 3. There would be no cost to the City of Chanhassen. The prior to any
auth Association will assume all costs for the rental and maintenance to the best
II of m
of a portable chemical toilet.
lals ire recorded
Due to the lack of a city maintained recreational facility in or near our
Iagai ne=ghborhood, we feel our request is fair and reasonable. y Recorder's
on
/ izfilr' ~71�.kad 6 --e;10 - 91
1 Signature of Appli t Date
I 'i7 047 ; �' ,-� � / - /%�- 64 6-a c -9 /
i nature of B e Owner g e Date
IApplication Received on 5-au "1/ Fee Paid P754'11 Receipt No.3T /jic
This application will be considered by the Planning Commission/Board of Adjustments and Appeals on •
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I Min ewashta Creek
Homeowners Association
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PORTABLE L1: E•A1.:41`IL:LiVii.:A I .LS
SERVICES" t
LOCATION CODE /0 0 ORDER L.57/4 i
�� I k REINSTATE CUSTOMER SPECIAL. OCCASION.
ACCOUNT NO-c2 E CHANGE SERVICE LEVEL i._; TO BE BILLED
(k'NEW ACCOUNT_ NEW SERVICE LOCATION E OTHER CHANGE .J C.O.D
SALESPERSON.I, SUSPEND REASON CODE ' • ' '• " PAID IN ADVANCE
rY ~ ∎`y �'(r "' ' °- _ .„- , ” ' - -:i;_T .-L!T 1VIT1-,- ;T T;k,r4 '� _'
NAME CJ...uu(J,( `c �(,�,„),AME. gEaiz� '
STREET NUMBER: 3a 9 STREET NUMBER. 4
STREET NAME. f :6— 4.1.. _ STREET NAME. –0A/k/11) ;�
CITY STATE: CITY aciAllst.0.4eA___ STATE. '
ZIP. 4 3 3f PHONE NO. ( 6/2._ #/ 305 CONTACT i
CONTACT PHONE NO. ( )
INVOICE CODE. /COUNT CLASS I4 AGREEMENT DURATION: w Mos) ACCOUNT TYPE. II 'f/P'S)�
EQUIPMENT SPECIFICATIONS SIGNED AGREEMENT: I I (YIN) CITY CODE: I 70 1'
EQUIP CODE) APPLY TAX (YIN) COMPETITOR CODE _
QTY. NU!cni AL?HnT FREQ._ SERIAL NO. SERIAL NO. SERIAL NO. . NEW CONSTRUCTION (YN) j
I 1 / TAX EXEMPT ) ,,
SCHEDULED DELIVERY DATE:
SPECIAL CLEANS:
DELIVERY INSTRUCTIONS I
7‘ ila A Z C y 0 5/9/
i
ROUTE ACTUAL DELIVERY DATE: DISPATCH COMPLETED BY: -1
SERVICE DAYS DATE
MON TUES WED THURS FRI SAT SUN
.
:.... ,. _ . h: ?MtR1_>MION _ NESiME/CHMEGES.:
I
01 REGULAR f Qty x S Basic Service Rate=S li>6,— , Qty x f De;.ze�Fee=S r DO '
/
REGULAR Oty x S Addl Se-vi ce Rate=$ Oty x S Soe:.a'Occasions=S
Dry-z$ Basic Se-vice Rate=$ Oty x S Spe:.a Ctear Rate=$ / //
Dry x S Add';Se :e Rate=S Oty a 5 5. P ckup Fee=S G 6 i
01 TOTAL $ f Wh P'
02 REGU_AP 1 Ot■x c Renta'Rate=$ i TOTAL ONE-TIME CHARGE $ 5 oD I
REG;;J+F Qt.x S Renta'Rate=S
03 Oty x S Damage Waiver =$
�i. �I SALES TAX
04 / N $ Local Ds: Fee=f • 50 I TOTAL CUSTOMER CHARGE $
GRAND TOTAL (01, 02, 03, 04) P.O. NUMBER: I
ESTIMATED DURATION OF CUSTOMER PROJECTS(in mos.): -T
IF DAMAGE WAIVER IS DECLINED I decline the Damage Waiver and I understand by declining I accept full responsibility for da'r&
on equipment rented from BFI Initials
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT ON THE PART OF BOTH BFI AND CUSTOMER AND THEIR RESPECT '.E ,EIPS
SUCCESSORS AND ASSIGNS IN ACCORDANCE WITH THE TERMS AND CONDITIONS ON THE REVERSE SIDE I
TERMS: NET 10 DAYS CUSTOMER NAME.
• BY (SIGNATURE): X I_
BFI PORTABLE SERVICES, INC.
NAME OF 6R••JNING-FERRIS INDUSTRIES SUBSIDIARY PRINT NAME 8 TITLE ____
Jhi.w EFFECTIVE CONTRACT DATE _. _1-
BYITLE / 55 /58?
CUSTOMER COPY
�ti✓ J Recycled paG
' Services
Group
INDUSTRIES
1
June 12, 1991
Attn: City Planner Office Shemin Al 'Jaff
Re: Minnewashta Homeowners Assoc.
PROCEDURE TO STAKE DOWN PORTABLE RESTROOMS FOR PRIVATE AND PUBLIC USE
' Each BFI unit is mounted on skids which extend from the front and back
1 to 3". To stake the units to the ground we use 3' wooden stakes that
are driven into the ground and then nailed to the skid on all four sides
' of the unit.
When staked into the ground the unit cannot be moved by a storm, small
children or a single adult. It would be possible to move the unit by
being hit by a vehicle or a group of adults on each side of the unit,
either of these would cause damage to the unit.
' If the unit is tipped over EFI has an additional safeguard of the contents
being spilled out by the use of a specially designed tank that is slope
designed so that the contents cannot spill out if tipped backward and cannot
spill out forward unless the tank is over 1/2 full.
If the contents do spill out on the around, the chemical we use is bio-
degradable, to be environmentally safe.
We find the units that are tipped over most frequently are units that are
on concrete or blacktop. Used at landings, docks or parks. These areas
' have been able to decrease the vandalism by building wooden shelters around
the restrooms to contain the unit leaving very little room to move or rock
the unit, thus discouraging vandalism.
Minnewashta Homeowners Association has requested their unit to be
serviced one time per week. This is standard service for recreation
rentals. If requested this service can be increased. BFI will
' stake down this unit as requested by Minnewashta Assoc. , and will
be equipped with a slope tank as all BFI units are.
Any questions please feel free to contact me at 612-553-1587.
Thank You,
Cindy Krayness
iBFI Services Group, Inc.
216 27TH AVE. N4, • MINNEAPOt IS _AI s.C4 i1 • M471 C•n *r..n„
EOO ' 3Et'd 0178 10 I ells I a Ida WO6 d 6E :91 IS , E l Nnf
Recycled paper
•
HF l Services
Group"'
BROWNING-FERRIS INDUSTRIES
June 5
J 5, 1991 .
Attn: City Planners Office
Sharmin Al 'J'af f
Re: Minne►rashta Homeowners Assc.
Placement of Portable Restroom I
•
Dear Sharmin,
The' following pages will describe the Quality Standards that
BFI Services Group, Inc. , enforces with all of our unit placements.
The list covers our repair and service procedures , if you have
any further questions, please feel free to contact me at the
number below.
Thank You,
t111\
Cindy Kragness
BFI Services Group, Inc.
553-1587
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)4 'i'JTLJ A11C R!P\ . ►A!Alf.t MN Is ?!+ • ■J gzA' •,�RQ
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ISERVICE CONDITIONS
ITM,i ACCEPTABLE CONDITION
II 1. Urinal
No scale build-um, no excessive dirt build-up on top.,of
urinal, hose assembly and around lip area.
1 2. Cleanliness Unit must be serviced according to the BEI service
procedures with attention to all items above and below.
1 A. Tanks Pupped all debris; removed top, seat, and splash baffle.
5c�ubbed and toweled. 7.
1 S. Side panels Dust areas relatively dust-free with consideration to.
specific site condition.
1 Scrubbed above and below urinal area.
3. Odor pleasant - non--offensive.
•
1 A. Urinal block One urinal block or one scent block nr.st be in the unit
or scent spray used if designated.
I 5. Toilet paper Two rolls of paper installed on the toilet roper dispense;
service - if two partial rolls are left, a third roll may be left
in the unit between the vent pipe and the side panel.
1 6. Floors Wiped down and debris removed from around sides.
7. Unit numbers Visible, legible, and located in two areas.
• -
1 Gam.
ITZM UNIT PLACEMENT
1 1. Ventilation Unit set away from structure that would restrict the cross
Ventilation of the unit.
1 2. Placement Good accessability to workers, good accessability for
servicing, unit placed on solid level ground away from any
safety hazards.
IIThe above list is a guideline for all personnel involved in servicing, and in
quality control. Most of the its will be dealt with on a subjective basis
with attention to all of the above EFI service procedures. All units should" be
sefviced and cleaned in a manner which will provide a clean and sanitary unit
to •rotect the health and dignity of the end users of a BFI portable restroorn.
cc: Mike Howard •
Lee Sole
II Lauren Harstad .
1 . . __.. .
tO0 ' 3ntid nt'S LD I 8i5I Q I �g Winl:J 1I IS , S Nnr
Date: January 1, 1990 1
To: All Drivers, Sales, Operations
From: Steve 3yard, Operations Minneapolis Branch r
RE: ' Quality Control Standards
UNIT sR PAIR
TTrm ACCEPTABLE CONDITION II
1. Toilet paper holder Two of the wire type holders in place and in proper
condition - two rollers.
One of the new type holder in place and in proper
condition - one roller.
2. Vent screens Six screens all in place.
3. Toilet seat One in place - tightly secured to tank, no cracks. I
4. Fasteners All push rivets and caps in place and tient (up to three
rivets missing will be accentabmle as long as they are not
or the same part mating surface). 1
All lag screws and rubber clad washers in place and secure.
5. Hinges - 7tree stainless steel hinges in place and secure for the
twin sheet front and blow molded fronts.
Four Homer hinges in place and secure for the single sheet 1
fronts. If hinges were replaced - all hinges must be
-changed i.e.s no mixing of Bomar and stainless steel ihinges'
6. Logo Four - One each side front of the unit. Front logo must
contain the proper phone nun bars for the branch location.
7. General Any other item that may affect the prover function of the II
unit i.e.; door latch, skid, urinal must be in proper
operating condition. I
In the case of hook units - all safety components in
place and secure.
•
•
1
I
I
E00 ' 3E d Ob8 WOEd OE : SI iE , S Nfl
• -.
:� • - ;.
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I .
Section 6A R-1B Si
ngle Family Residence District � .
bA.01. Purpose. The Council k
recognition of deficiencies aso measured tunderGthehpresentas yakta•' =:'
dards. of the current Chanhas p t day spanjp
I Chanhassen Subdivision and Zoning Ordinances i,11
the platting of Certain land parcels which lie within platted sub-
divisions, which subdivisions have keen partially developed under . : �
prior less than adequate standards, and which lie within the
f
Chanhassen Township areas, which became a part of the present City ' .
of Chanhassen at the time of the Chanhassen Township-Village merger . `
II in 1967. These platting deficiencies render it impossible for cer- ' .
tain of the lots within said plats to meet the minimum yard, 'area '
and lot width and depth regulations -of the current subdivision and
• zoning ordinances, with the consequence that the owners thereof 'm . • ..
I suffer the loss of inherent property rights. , • •.., s. : : • : '
The Council of the City of Chanhassen therefore declares that for the 1
IIpreservation of property rights within said deficiently platted sub
divisions, and in order to provide for the orderly development thereof,
it is necessary that regulations and standards as described by this' . `
II Section 6A, R-18 Single Family Residence District, • be enacted to
govern the development of said areas. .
It is the declared intent of the Council of the Cit y of Chanhassen
II the within Section 6A, R-1B Single Family Residence District, shall bed
applicable only to plats of record prior to 1967 in the office of the
Carver County Recorder or Registrar of Titles which are served by the i
IIsanitary sewer system of the City, and in which the platted lots do
not meet the standards of the current subdivision and zoning ordinance
6A.02 Permitted Uses. Within an R-1B Residence District, no bu'
II or land shall be used except for the following use: single familylding
dwellings. y
II6A.03 Accessory Uses. Within an R-1B Residence District, the
following uses shall be allowed as accessory to the permitted Use:
1. Private garages. t
II2. Privately owned ,swimming pools and tennis courts for the .
use and convenience of the residents of the permitted use_
3 . Rental of rooms for occupancy by not more than two persons
per dwelling unit, except that no separate dwelling unit
shall be allowed and that one off-street parking space per
tenant shall be provided.
l6A. 04 Uses by Conditional Use Permit. Within an R-18 Residence
District, the following uses may be allowed but only upon the securing
of a Conditional Use Permit: I
Il. Parks and recreational areas owned and operated by .
governmental units and _rs, rQational areas operated by
• residential nei hborhood associations .
2. Non-profit schaols having a regu ar course of study accr.edite
by the State of Minnesota.
3. Government owned and operated civic and cultural institution"
including, but not limited to, administrative offices,
libraries, public safetybuildings, and places of, tassembLy. ,
I ..
tom_ ._� '__"" _ '
CITY OF I
CHANHASSEN 11
7610 LAREDO DRIVE•P.O. BOX 147•CHANHASSEN, MINNESOTA 55317 I
(612) 474-8885
1
PLANNING REPORT
DATE: July 23, 1979
TO: Planning Commission and Staff ,
FROM: Assistant City Manager/Planner, Bob Waibel ,
SUBJ: Beach Lot Conditional Use Permit, Public Hearing
Minnewashta Creek Second Addition I
APPLICANT: Romarco, Inc.
•
PLANNING CASE: P-499 ,
The Planning Commission ordered this public hearing pursuant to I
Ordinance 47 in order to gather neighborhood sentiment to the
subject proposal. Since the previous review of this item by the
Planning Commission, this office has sent the beach lot plans to
the Minnesota Department of Natural Resources , and the Minnehaha
Creek Watershed District, and as shown in the attached materials,
neither agency finds the proposal to be in need of a permit.
As brought forth in the June 25th, 1979 planning report the only
considerations of this office were that the private beach sign be
reviewed by the Sign Committee and that permit status be obtained I
from the DNR and the Watershed District.
Recommendation I
I recommend that the Planning Commission recommend that the City
Council preliminarily approve a conditional use permit for the subject 11
request, and direct the City Attorney's office to prepare a draft
conditional use permit for final approval by the City Council.
1
1
I
I
�l� WATERSHED IOUNGAP.Y
lac A
.- v NNE'
r
i �9SHED U\ \ -e,-�. y'cAFEr
MIN EHAHA CREEK
LAKE MINNETONKA
I WATERSHED DISTRICT
P.O. Box 387, Wayzata, Minnesota 55391 MIMMtSOTA RIVER
IBOARD OF MANAGERS:
David H Cochran, Pres. • H. Dale Palmatier• Albert L. Lehman• James S. Russell • Jean Williams
IIJuly 18 , 1979 .
•
Mr. Robert Waibel
I Assistant City Manager
City of Chanhassen
7610 Laredo Drive
Chanhassen, Minnesota
lRe : Minnewashta Creek First Addition, Outlot B
Grading and Landscaping
IIDear Mr. Waibel:
II Pursuant to your telephoned request of July 17, 1979 , this will
advise you that we see no need for a watershed district permit
for the subject proposal. Such a determination refers specif-
ically to the Plan prepared by Clark Engineering Company with
II certification dated June 14 , 1979 , transmitted to us by cover
letter dated June 28 , 1979 from Bob Ritter.
II Any revision of this plan could result in a determination diff-
erent from that described above.
If you have any questions please call.
IISincerely, .
II E.A. HICKOK AND ASSOCIATES
Engineers for the District
\ (--.2..Q C4...(7) .7Z-
" -1N.:-,,
3.cihn A. Holmquist
* �Zl�
I JAH/gaz �� cjpA
JUL1919 `s
cc : D. Cochran v'
G. Macomber RECE1V�D ti
1 l VILLAGE OF.
0 CHANHASSEN,
�6' Ml►NN. V
w
I
DNR-8
STATE Or
()■1 i ( Cr E S O IQ
DEPARTMENT OF NATURAL RESOURCES
/ Metro Region Waters, 1200 Warner Road, St. Paul, MN 55106 1
PHONE. 296-7523 File No.
July 17, 1979
Bob Waibel 11
Assistant Manager/Planner
7610 Laredo Drive
P.O. Box 147
Chanhassen, Minnesota 55317
RE: PROPOSED BEACH DEVELOPMENT, LAKE MINNEWASHTA, CHANHASSEN, MINNESOTA ,
Dear Mr. Waibel:
Pursuant to your July 12, 1979 correspondence, I have reviewed the
site plan for Romarco Corporation's proposed beach lot development adjacent
to Lake Minnewashta. The proposed 6" sand blanket, which will be located
at or above elevation 944.4 (NGVD-1929) , will not require a permit from the
Department of Natural Resources (DNR) .
If the proposed project is modified to involve placing fill below the
ordinary high water elevation, a permit may be required from this office.
The attached brochure entitled "Beach Sand Blankets" outlines present DNR
permit for this type of activity.
If you should have any questions, please feel free to contact my office
at 296-7523.
7523.
Sincerely, ,
nt Lo esmoe
Regional Hydrologist
KL/TL/ch - 1
Enclosure
JUL 1979
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"ANHASS ,
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AN EQUAL OPPORTUNITY EMPLOYER
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ydrant, N.W. corner of Outlot a .
tion = 948.88
anhole, centerline of County Road 15
tion = 950.15
CERTIFICATION .
T hnrahv rprtifv that thic nl at wac nrnnarnd by MP nr Ilnrinr my
I
REGULAR PLANNING COMMISSION MEETING - June 27, 1979 Page lL
Walter Thompson - I don't have any problem with setting off those two lots.
1 Jerry Neher - I would want to see -
I'm not in favor of subdividing regardless of whether water is there
or not.
Roman Roos - If we grant the recommendation for dividing off the two lots,
11 irrespective of public water, and the July 2 hearing says there will
be public water, he will have to attach to it. If the hearing says
there will not be water then what is the hang up there?
Jerry Neher - Partial subdividing
Walter Thompson - This man has some property and he wants to sell it off, on
your wording you are making it impossible for him.
Clark Horn - I don't know that we should force smaller property owners to go into
11 a whole development effort. I think that is the question we are
asking at this point, are we going to make them go about doing things
like a large development, or are we going to treat this as a subdivisior
by a single property owner. I guess I don't see any problem with it.
11 Gordon Freeburg - I don't see any problem with or without water.
The Assistant City Attorney stated that the state law on subdivisions requires a
public hearing, but doesn't say anything about what happens if there is a long
time delay between the hearing and the ultimate approval. What it comes down to
11 is if you feel that there has been no substantial change in the plat shown at the
public hearing last November, then you are free to go ahead and process the
application. If, however, you feel what you are voting on is quite a bit differ-
ent from what you showed the public, I think you have an•obligation to schedule a
new public hearing.
Walter Thompson moved to grant the Subdivision Request on Lots B and C of
Bardwell Acres as marked on the topographic map, Sommer First Addition dated
�. August 2, 1978. Motion seconded by Gordon Freeburg. Approved: Roman Roos,
Pat Swenson, Walter Thompson, Gordon Freeburg, Clark Horn. Opposed: Jerry Neher.
11 Motion approved.
The Assistant City Manager/Planner recommended that the area surrounding it be
incorporated into a plat as outlots, that these two lots be platted off, and the
remainder become outlots.
CONDITIONAL USE PERMIT REQUEST,
BEACH LOT FOR MINNEWASHTA CREEK ADDITION -
The Assistant City Manager/Planner stated Romarco, Inc. is proposing to establish
I! Outlot B of the Minnewashta Creek Addition as a beach lot for the residents of the
homes to be constructed in the Minnewashta Creek 2nd Addition plat. It was his
recommendation that the planning commission order a public hearing to be held for
the consideration of establishing a private beach lot at outlot B of Minnewashta
Creek Second Addition.
I
•
REGULAR PLANNING COMMISSION MEETING - June 27, 1979 Page 15
1.
Mr. Robert Ritter stated that at this time they are entertaining no thoughts of II
constructing any beach house or anything else. If that is ever to be done it will
be done by the home owners that will be living in there at that time. The develop"'
will have no part of it.
The Assistant City Attorney stated that would require an amendment to the permit
that was issued. As he says, he is applying for a permit to run a beach lot not II
including a beach house, and if the homeowners association in the future decides
they want a beach house, they would have to apply for a permit amendment. He
described certain alterations that he is going to do and one is the sand blanket, II
he therefore would have to get the approvals from the Minnesota Department of
Natural Resources and Minnehaha Creek Watershed District.
Jerry Neher moved to hold a public hearing on July 11, 1979 at a time scheduled I
by staff. Motion seconded by Gordon Freeburg, and unanimously approved.
CANNON BALL RESTAURANT,
PRELIMINARY DEVELOPMENT PLAN REVIEW
The Assistant City Manager/Planner stated that any further review of this
proposal would be premature until the applicant can demonstrate that sanitary
sewer is available to or imminent to the subject property.
He recommended that the planning commission take no action on the proposal except II
to advise the applicant that he must demonstrate not only how the property will
be served with sanitary sewer, but how the improvements will be assessed. That
would involve petition for the sewer, feasibility study, guarantees of cost for
the feasibility study, guarantees of cost for putting in the sewer, through the
public hearing process.
Mr. Jim Burdick stated he owns 27 acres of land starting a bit west of Animal Fair II
and going down to the point. He has a party who would like to put a restaurant,
have me build a restaurant and lease it to them. I would remain the owner on a
long team lease. The plans are to put it on the point of Powers Blvd., Arboretum
Boulevard and the main street of Chanhassen. He discussed the sewer situation
and how this would be handled. He stated there is one Cannon Ball Kitchen at the mi
present time at Glenwood, Minn. It is quite similar to a Country Kitchen.
Roman Roos stated that we would like to see you exert the most influence you can
to give us the greenways area for the entrance to Chanhassen. If that is possible II
then I think we would be very amenable to looking at this overall development.
The Assistant City Manager/Planner stated that he can at his own option go out and
incur the expense and do a feasibility study of his own that meets approval of the II
city engineers for sewerage, or you can petition the City Council to consider
ordering a feasibility study to get the sewer down there, and then maybe go into
site plan consideration.
1
iREGULAR PLANNING COMMISSION MEETING - JULY 25, 1979
I Roman Roos called the meeting to order at 7:30 p.m., with the following members
present: Clark Horn, Walter Thompson. Pat Swenson and Gordon Freeburg were
absent. Tom Droegemueller was present.
OATH OF OFFIC2: The Assistant City Attorney administered the oath of office
to Tom Droegemueller as a member of the Planning Commission.
I MINUTES: Walter Thompson moved to note the July 2, 1979 City Council minutes.
Motion seconded by Clark Horn. Motion carried. Abstain: Tom Droegemueller.
•
BEACH LOT, CONDITIONAL USE PERMIT,
MINNEWASHTA CREEK 2nd ADDITION, PUBLIC HEARING
Roman Roos called the hearing to order at 7:1&5 p.m. with the following interested
I persons present: Roenne�ht'Burr,
4030 Westgate Rd., Mtka.
The Planning Commission ordered this public hearing pursuant to Ordinance 47
Iin order to gather neighborhood sentiment to the subject proposal.
- The Assistant City Manager/Planner recommended that the Planning Commission
i recommend that the City Council preliminarily approve a conditional use permit
I for the neighborhood beach lot at the subject property and direct the City
Attorney's office to draft a Conditional Use Permit for final approval by the
City Council.
Mr. Kenneth Durr stated he owns approximately 8 acres within a few hundred feet
of the proposed beach property. He wanted to know the planning commission's
Ifeeling on docks, and to what use the beach property would be put. He was
_ concerned that if there are accesses allowed to the lake for properties that
are not contiguous separated by a county roadway particularly, putting quite a
I heavy load on the lake, what happens in the years to come when the investors _
that have property that is contiguous to the lake come for access for those lots
that they develop that are not immediately on the waterfront, and the community
objects because a lot of accesses to the lake have been allowed for properties
Inot contiguous.
Walter Thompson moved to close the public hearing. Motion seconded by Clark
iHorn, and unanimously approved.
Clark Horn - I guess my perception is it would not have a ramp. We would allow
i a rack for canoes, a sign, no beach houses, no ramps, no motor
vehicle access. The real question is dock.
Walter Thompson - This gentleman has raised a question in my mind as to how you
i are going to control dockage. I am not responsive to a long dock
out into the lake really.
i Bob Ritter stated that at the time they submitted their plat, they also submitted
the by-laws of the homeowners association with the City Attorney. Basically, the
by-laws say if they want a dock, they have to go to the City Council or DNR
ii
I
1. 04 . Development Chronology.
A. The City Planning Commission held a public hearing on July
25, 1979 to consider the issuance of the within conditional use per-
mit and to consider the approval of the Applicant's grading and
landscaping plan for the subject property.
B. The City Council, by its resolution of August 6, 1979 ,
approved the issuance of the within conditional use permit and approved
the Applicant' s grading and landscaping plan.
Section 2. Special Conditions .
2 .01. Permit Not Transferable. This permit is personal to the
Applicant and to the Association, and is not assignable or :transferable I
except upon the written consent of the City.
2 .02. Release of Romarco. The City, upon written request, shall
release Romarco from its obligations hereunder upon receipt of documen- I
tation which demostrates (a) the proper incorporation of the Association
pursuant to Chapter 317 of Minnesota Statutes, and (b) the conveyance
of title to the Subject Property in fee simple to the Association for 1
the benefit of all owners of lots in Minnewashta Creek Second Addition. 1
No such release shall be given until such documentation has been
approved by the City Attorney as to legal sufficiency. No such
release as to Romarco shall have the effect of releasing the Associa-
tion from its obligations, covenants, and agreements hereunder.
2. 03 . Rights Under This Permit Not Expandable to Other Owners. nI
This permit is issued for the benefit of the owners of the thirty-six
lots in Minnewashta Creek Second Addition. The Applicant agrees that
the use and enjoyment of the Subject Property shall be limited to the
owners of lots in Minnewashta Creek Second Addition. The use and
enjoyment of the Subject Property may not extend to persons other than
such owners . The term "owners" as utilized in this §2.03 shall mean
and refer to any natural person who is either (a) the record owner of
a fee simple interest, or (b) the record owner of a contract for deed
vendee 's interest, or (c) the holder of any possessory leasehold
interest, in the whole of any lot or double lot in the Second Addition,
including authorized guests and family members of any such persons.
2.04 . Description of Property Subject to This Permit. The premises 1
subject to the within conditional use permit are described as follows:
Outlot B, Minnewashta Creek First Addition, according
to the map or plat thereof on file and of record in the
Office of the County Recorder, in and for Carver County,
Minnesota.
-2-
II
2. 05 Certain Site Alterations Authorized. The Applicant is
11 hereby authorized to execute. its grading plan and landscape plan
prepared by Clark Engineering Co. under certification of June 14 ,
1979 (hereinafter the Applicant' s Plan) . Except as provided in said
II grading plan and landscaping plan, no portion of the Subject Property
may be developed, altered, or disturbed in any way.
I All work performed in execution of the Applicant 's Plan shall be
subject to the inspection and approval of the City Engineers. In
case any work shall be rejected by the .City as unsuitable or defective,
then such rejected work shall be done anew to the satisfaction and
1 approval of the City at the cost and expense of the Applicant.
2. 06 . Schedule of Work. The Applicant agrees that it shall have
II all work done and the improvements described in §2. 05 above fully
complete to the satisfaction and approval of the City on or before
---1 , 199-0 . The Applicant shall submit a written
schedul ` in cating the proposed progress schedule and order of com-
II pletion of work covered by this contract which schedule shall be a
part of this contract. Upon receipt of written notice from the Appli-
cant of the existence of causes over which the Applicant has no control
I which will delay the completion of the work, the City, in its discre-
tion, may extend the date hereinbefore specified for completion.
II 2. 07. Erosion Control. Applicant, at its expense, shall provide
temporary dams, earthwork or such other devices and practices,
including seeding of graded areas, as shall be needed, in the judgment
of the City Engineers, to prevent the washing, flooding, sedimentation
II and erosion of lands and roads within and outside the Subject Premises
during all phases of construction. Applicant shall keep all public
streets free of all dirt and debris resulting .from construction by the
IIApplicant, its agents or assignees upon the Subject Property.
2 .08 . Certain Structures Prohibited. Except for the fence and sign
I described in the Applicant' s Plan, no structure may be constructed,
erected, or maintained upon the Subject Property. No docks, piers,
boat racks, or canoe racks shall be constructed, erected, or maintained
on the Subject Property or in the waters abutting the Subject Property.
il2 .09 . Camping Prohibited. No owner, as defined hereinabove, or
other person shall camp overnight on the Subject Property.
1 2 .10 . Motor Vehicle Parking and Boat Storage. No watercraft shall
be parked or stored overnight or on a permanent basis on the Subject
II Property. Except for construction equipment necessary for the execu-
tion of the Applicant' s Plan and as necessary for the maintenance of the
Subject Property, no motor vehicle shall be driven upon or parked upon
the Subject Property. No boat trailer shall be allowed upon the Subject
11 Property. Nothing in the preceeding three sentences shall be deemed to
prohibit the launching of any watercraft from the Subject Property if
accomplished without the assistance of any motor vehicle or trailer or
IIwheeled dolly upon the Subject Property.
11 -3-
I
•
•
I
Section 3. Municipal Disclaimers . '
3 .01. No Liability to Suppliers of Labor or Material. It is
understood and agreed that the City, the City Council, and the
agents and employees of the City shall not be personally liable
or responsible in any manner to the Applicant, the Applicant' s con-
tractors or subcontractors, materialmen, laborers, or to any other
person, firm or corporation whomsoever, for any debt, claim, demand,
damages, actions or causes of action of any kind or character arising
out of or by reason of the execution of this permit and agreement or
the performance and completion of the work and improvements hereunder;
and that the Applicant will save the City, the City Council, and the
agents and employees of the City harmless from any and all claims ,
damages, demands , actions or causes of action arising therefrom and
the costs, disbursements , and expenses of defending the same.
I/
3 .02 . Written Work Orders . The Applicant shall do no work nor
furnish materials, whether covered or not covered by the Applicant' s I
Plan, for which reimbursement is expected from the City unless a
written order for such work or materials is received from the City. Any
such work or materials which may be done or furnished by the Applicant II
without such written order first being given shall be at its own risk,
cost and expense, and Applicant hereby agrees that without such written
order, Applicant will make no claim for compensation for work or
materials so done or furnished.
Section 4 . Miscellaneous.
4 . 01. Severability. In the event any provisions of this permit
shall be held invalid, illegal, or unenforceable by any court of com-
petent jurisdiction, such holding shall not invalidate or render unen- 11
forceable any other provision hereof, and the remaining provisions
shall not in any way be affected or impaired thereby.
4 . 02 . Execution of Counterparts. This permit may be simultaneously I
executed in several counterparts, each of which shall be an original,
and all of which shall constitute but one and the same instrument.
4 .03. Headings. Headings at the beginning of sections and para-
graphs hereof are for convenience of reference, and shall not be con-
sidered a part of the text of this contract, and shall not influence
its construction.
I/
4 .04 . Proof of Title. Upon request, the Applicant shall furnish
the City with evidence satisfactory to the City that it has acquired I
fee title to the Subject Property.
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4 .05. Notices . All notices , certificates and other communications
hereunder shall be sufficiently given and shall be deemed given when
mailed by certified mail, return receipt requested, postage prepaid,
with proper address as indicated below. The City and the Applicant,
1 by written notice given by -one to the other, may designate any address
or addresses to which notices, certificates or other communications
to them shall be sent when required as contemplated by this permit.
1 Unless otherwise provided by the respective parties, all notices,
certificates, and communications to each of them shall be addressed as
follows:
' To the City: City of Chanhassen
City Hall
7610 Laredo Drive
Chanhassen, MN 55317
Attn: City Manager
To Romarco: Romarco Development, Inc.
, 3295 Hillsboro Avenue South
Minneapolis, MN 55426
To the Association: Minnewashta Creek Homeowners ' Association
c/o Romarco Development, Inc.
3295 Hillsboro Avenue South
Minneapolis, MN 55426
4 . 06 . Owners to be Notified of This Permit. The Association shall
furnish each owner, as that term is defined in §2.03 above, with a
copy of this permit within thirty (30) days of any such owner's
initial occupancy of any residential structure in the Second Addition.
4 .07.
2009 . Term of This Permit. This permit shall expire on August 6,
1 Section 5 . Enforcement Provisions .
5 .01. Reimbursement of Costs . The Applicant shall reimburse
the City for all costs, including reasonable engineering, legal, planning
and administrative expenses incurred by the City in connection with all
matters relating to the administration and enforcement of the within
permit and the performance thereby by the Applicant. Such reimbursement
shall be made within fourteen (14) days of the date of mailing of the
City's notice of costs as provided in §4.05 above. The Applicant' s
reimbursement obligation under this section shall be a continuing obliga-
tion throughout the term of this permit.
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5.02 . Performance Bond. For the purpose of assuring and guaran-
I/
teeing teeing to the City that the improvements to be by the Applicant con-
structed, installed and furnished as set forth in §2 .05 hereof shall
be constructed, installed and furnished according to the terms of
this agreement, and that the Applicant shall pay all claims for work
done and materials and supplies furnished for the performance of
this permit, and that the Applicant shall fully comply with all of
the other terms and provisions of this permit, Applicant agrees to
furnish to the City either a cash deposit, a corporate surety bond
approved by the City and naming the City as obligee thereunder, or an
irrevocable letter of credit approved by the City in the amount of .
5 .03. Remedies Upon Default.
A. Assessments. In the event the Applicant shall default in
the performance of any of the covenants and agreements herein con-
tained, and such default shall not have been cured within ten (10)
days after receipt by the Applicant of written notice thereof, the
City, if it so elects, may cause any of the improvements described
in the Applicant's Plan to be constructed and installed or may take
action .to cure such default and may cause the entire cost thereof,
including all reasonable engineering, legal and administrative ex-
pense incurred by the City, to be recovered as a special assessment
under M.S . Chapter 429, in which case the Applicant agrees to pay
the entire amount of the assessment roll pertaining to any such im-
provement within thirty (30) days after its adoption.. Applicant
further agrees that in the event of its failure .to pay in full any
such special assessment within the time prescribed herein, the City
shall have a specific lien on all of Applicant's real property within
the Subject Property for any amount so unpaid, and the City shall
have the right to foreclose said lien in the manner prescribed for
the foreclosure of mechanic ' s liens under the laws of the State of
Minnesota. In the event of an emergency, as determined by the City
Engineers, the notice requirements to the Applicant shall be and
hereby are waived in their entirety, and the Applicant shall reimburse
the City for any expense incurred by the City in remedying the condi-
tions creating the emergency.
B. Performance Bond. In addition to the foregoing, the City
may also institute legal action against the Applicant and the corporate II
surety on its performance bond, or utilize any cash deposit made or
letter of credit delivered hereunder, to collect, pay, or reimburse
the City for the cost of making any of said improvements, or for the
cost, including reasonable engineering, legal and administrative
expense incurred by the City, of curing any default by the Applicant
in its performance of any of the covenants and agreements contained
herein.
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C. Legal Proceedings . In addition to the foregoing, the City
may institute any proper action or proceeding at law or at equity to
prevent violations of the within permit, to restrain or abate viola-
tions of the within permit, or to prevent use or occupancy of the
II Subject Property.
' IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed on this /a,- day of 72.p7i.4.4.,,, j,,' , 1979 .
IROMAR 1 DEVELOPME.T, INC. MINNEWASHTA CREEK HOMEOWNERS '
` ��� ASSO� ION OF •� All∎ MINNESOTA
=all �� I � ��
BY �rl f1. `/I� Big.: . . .�
J �'%i.._111�f► , Its _/ggrefeWMAR, ,-
w
I And And
Its Its
IICITY/0 HANHAS EN
1•'
IIts Mayor
ATTEST: j
// S(/ (12 n
City Manager
STATE OF MINNESOTA )
ss .
II COUNTY OF )
On this % day of - , 1979, before me, a notary
public within and for said county, personally appeared / /+ -tttA/
IIand , to me personally known, who, being each by me
duly sworn did say that they are respectively the -{At.,, 1€44.A
and the of Romarco Development, Inc. , and that said
II instrument was signed in behalf of saporation by authority of its
Board of Directors, and said //�� �t i , cor and
acknowledged said instrument to be the free act and deed of said
icorporation.
1 :y, KAREN J. k? I�LHARDT , , Notary Public
t 1NOTYPJ,LCMNESOTA ]
—7—
STATE OF MINNESOTA )
II
ss .
COUNTY OF )
On this J41 day of 1/Ara..6 %tt,J , 1979 , befo e me, a notary II
public within and for said county, personally appeared
and , to me personally known, wh , being each by II
me duly sworn, did say that they are respectively the -- _l, ,/z
and the of Minnewashta Creek Homeowners ' Associa-
tion of Chanhassen, Minnesota, and that said instrument was signed in
behalf orf said corporation by authority of its Board of Directors, and 1
said ,, and
acknowledged said -instrument to be the 'free act and deed of said
corporation. I
Aim otary Public
tam KA- J. EN GELHARDT
•
STATE OF MINNESOTA ) f r -. NOTARY PUBLIC-MINNESOTA
CARVER COUNTY
) ss . *, My Commission Expires Oct.11,1985
II
COUNTY OF CARVER ) ••t
On this day of 7 .c. ,v , 1979 , •before me, a notary II
public within and or said county, personally appeared Walter Hobbs
and Donald W. Ashworth, to me personally known, who, being each by me
duly sworn, did say that they are respectively the Mayor and City
Manager of the corporation named in the foregoing instrument, and that
said instrument was signed and sealed in behalf of said corporation by
authority of its City Council, and said Walter Hobbs and Donald W.
Ashworth acknowledged said instrument to be the free act and deed of ,
said corporation.
Li
I _ 4
Notary Public
°.�: KAREN J. E . :=LHARDT I
6__,!t i+ NOTARY PUEL!C-MINNESOTA
\a* CARVER COUNTY
'r My Commission Expires Oct. 11,1985
I
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I CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
JUNE 19 , 1991
IChairman Emmings called the meeting to .order at 7 : 50 p .m . .
MEMBERS PRESENT: Steve Emmings , Jeff Farmakes , Brian Batzli and Annette
IIEllson arrived late .
MEMBERS ABSENT: Tim Erhart , Ladd Conrad and Joan Ahrens
IISTAFF PRESENT: Paul Krauss , Planning Director ; Jo Ann Olsen , Senior
Planner ; and Sharmin Al-Jaff , Planner I .
ii
Ill Emmings: We can 't act on any proposal . We 're a body that makes , holds
public hearings and then make recommendations to the City Council and they
II take the final action on it. Any action that we take is only a
recommendation to the City Council . As far as maybe all of these things
I guess go with the possible exception of the bed and breakfast item , I
IIdon 't want to pass those onto the City Council without a recommendation
from the Planning Commission which means that since we can 't take action
tonight , there 's no point in meeting . On the other hand , all of you have
taken time to come here and I guess what we might do is hold a short
I meeting . Once we close our meeting , is just hold a short meeting with the
Planning staff and I 'm going to stick around and maybe , whether or not the
other people on the commission want to stick around , and talk to you and
11 find out quickly what your concerns are so that maybe those can be taken
into account the next time it 's brought before us . But I still think it 's
very important that you come back when these items go back on our agenda to
Iget your testimony in . Put it on the record because a verbatim transcript
is made and passed along to the City Council . Frankly , this is very
embarrassing to me . This is the first time we 've ever failed to have a
quorum . We 've got 7 members and there 's no excuse for not having 4 here
II but apparently the other 4 people had conflicts tonight . Some of them we
know about . Some of them we didn 't and I don 't know what else to tell you .
111 Walter Whitehill : Sounds like a good idea that you 're proposing .
Emmings: Okay . Well I would think that maybe on the Bluff Creek Bed and
I Breakfast item we could pass that one along to the City Council without any
recommendation from us . Let me just ask . Paul , we 'd like to pass along
item number 2 on the Bluff Creek Bed and Breakfast item . The three members
that are here support the staff report . You can let the City Council know
il that to permit what they 're requesting there . And if there 's anything
further that we have to do with it , you 'll have to bring it back but
otherwise that could go to the City Council .
IIKrauss: I just spoke with the applicant for the Ches Mar Farms proposal
and we 're not looking at just a 2 week delay here . We 're actually looking
at a 4 week delay because our next meeting falls out July 4th week and was
II cancelled and the schedule is set up . This is going to put that back into
August sometime which does interfere with his need to get building out on
the site . I throw that out for your consideration .
I
Planning Commission Meeting
June 19 , 1991 - Page 2
Batzli : Can we have a special meeting next week?
Olsen: What we can do is put it onto the July , what I was suggesting with
Ann with the Bed and Breakfast is that we can rush . The next Planning
commission is July 17th and that we can get it to the next Council meeting
that following Monday . Make an exception so it 's just a 2 week delay , not
a month .
Krauss: Do you think we could do that for Ches Mar Farms as well? 11
•
Walter Whitehill : Before this goes any further , can I ask a question?
Emmings : Sure .
Walter Whitehill : Can we use the mics? I 'm hard of hearing and I have non !'
idea what is going on .
Emmings: Okay , right now they 're talking about the Ches Mar Farms proposal II
and they 're talking about the fact that if we don 't hear it , the fact that
it might not be heard tonight may mean that it 's pushed a month or even
further and that 's not good for the developers is what we 're hearing . I 'll I
tell you what . Ches Mar , I have so many questions on that proposal 'and
maybe we ' ll have in the informal part of this meeting , after this is over
when we discuss it , maybe I can discuss my concerns with him too . Maybe well
want to have a meeting on that and a meeting on the bluff ordinance or
whatever . Or whoever 's here on anything but I 'm not willing to pass that
along without the Planning Commission looking at it because there 's a whole
bunch of things going on there that , you know there 's a long history on
Ches Mar . I was here when we took action on that in 1985 and when we split
off the property for the Gross ' more recently and there were things done
then that I don 't see in the packet which really bothers me . We put
conditions on that property at the time the Gross property was split off
and I don 't see that discussed in the packet . So there 's history that 's ,
for example all of the rest of that property had one building eligibility II imposed on it at that time . It said that 's all there would be and I don't
think we 're stepping on the toes of what we did before but I 'm not sure and
I didn 't see it discussed in here so there 's a whole bunch of things like
that that bother me about that one . So I 'm not willing to pass, that along II
without us taking a hard look at it .
Krauss: Item number 1 , is that also something you 'd like brought back or
can that go forward?
Emmings: Well , I don 't have any problem I guess passing that one on but I
guess maybe we can put the comments of the people that are here on the
record but I don't know. Do you want to look at that one?
Farmakes: I read the request . I thought it was just fine . It conformed II
to our other concerns .
Batzli : My comments were technical on the conditions that we put on there
more than anything else .
1 ' '
IIPlanning Commission Meeting
June 19 , 1991 - Page 3
I Emmings : Okay , so maybe we can do that one . Okay . Now let me ask you
this Paul . As a technical matter , can we have a public hearing without a
quorum here? Can I open the public hearing? Get the comments from the
Ipeople who came on the record?
Krauss: I honestly don 't know the answer to that . I would think that you
could but I can 't be certain .
IEmmings : Is the applicant here on the recreational beachlot? Would you
like us to do that? Here 's the risk . If we do it and then we 've done
Isomething wrong , we may have to do it again .
Joan Skallman : We ' ll have to take that chance because we 're trying to get
Ithis done before July 4th .
Emmings: Okay . We 're going to do that one then . I 'm going to open the
public hearing on our first item here tonight .
II PUBLIC HEARING:
CONDITIONAL USE PERMIT FOR INSTALLATION OF A PORTABLE CHEMICAL TOILET ON AN
1 EXISTING RECREATIONAL BEACHLOT , LOCATED ON MINNEWASHTA PARKWAY ACROSS FROM
LINDEN CIRCLE , MINNEWASHTA CREEK HOMEOWNERS ASSOCIATION.
Public Present:
I
Name Address .
I Nancy Nelson 3891 Linden Circle
Jan Feuerstein 3880 Linden Circle
Billie Windschitl 6591 Joshua Circle
I Joan Skallman 6590 Joshua Circle
Richard Wing 3481 Shore Drive
Sharmin Al-Jaff presented the staff report on this item .
IIEmmings: Have the applicants had a chance to review the conditions that
have been imposed by the City? Okay . Is there anything you 'd like to
Iaddress on this item?
Joan Skallman: Good evening . My name is Joan Skallman and I am currently
I co-chairing the Presidency of the Minnewashta Homeowners Association so I
am representing the Association. I was the Secretary 2 years ago when this
all began and I just felt it would be beneficial to recap the concerns that
we have behind this . Number one being our health concern . We have got
II many small children . In fact , 44 of them under the age of 10 and I stress
under the age of 10 because these are the kids that are not allowed to
cross Minnewashta Parkway to go back to their homes to use their facilities
II without a parent to help them get across the road . Many children when they
get active down at the beach forget to tell mom and dad and therefore the
lake becomes their alternatives . If you are a parent then you know the
I frustrations of small children that does not give you a lot of advance
warning . Also , again the adults that may not use or leave the outlot to go
Planning Commission Meeting
June 19 , 19;1 - Page 4
home and use their own facilities . The only solution that we felt would
help this is to have the chemical toilet on the outlot itself . Our second
concern being safety . We have to cross Minnewashta Parkway- to get to our
beach outlot and again home and although there is a 30 mph speed limit , not I
many motorists abide by that . We have had many close calls by the
homeowners that have gone down to the beach and we have felt the best thing
to do was to minimize the crossing on Minnewashta Parkway and we felt by
putting the chemical toilet on the beach outlot , that would minimize
crossing . BFI is who we have chosen to go with and they have .sent or they
have Faxed how they will maintain it . There would be lattice on three
sides . You will not be able to see it from the road . We will take good I
care of it . Our lake is our pride and joy and we want to keep it that way
so it won 't be anything that is an eyesore and we will take very good care
of it and we are trying to get this to go through before July 4th because I
we will have many families down there that weekend . Thank you .
Emmings : Alright . Is there any other members of the public who want to 11 address this?
Richard Wing: I 'm Richard Wing , 3481 Shore Drive . I 'm just aware that
there was one complaint that the lot is not in compliance with the beachlot II
ordinance . That question involved the overnight storage of boats and
I believe there was a pontoon boat on that lot at this time . I am assuming
that belongs to your association . That pontoon and boat lift would be in
non-compliance with the beachlot ordinance and prior to approving this I
would like to see that issue clarified by staff . -
Emmings : Okay . Can someone from the homeowners association tell us about
the pontoon boat?
Joan Skallman: It 's not our association 's . . .
Emmings: Are you aware that there 's one out there? And you don 't know who
owns it? Is it someone in your homeowner 's association? Have you made
them aware that that doesn 't fit within your conditional use permit as
something that 's allowed?
Joan Skallman: I don 't know . . . ,
Emmings: Okay . Is there anybody else that wants to address this item?
Batzli moved, Ellson seconded to close the public hearing. All voted in
favor and the motion carried. The public hearing was closed.
Farmakes: This issue about the non-compliance on the boat . Is that -,
enforceable by the City or is there a separate issue that governs the lake
itself?
Krauss: No , it is a valid concern . It is enforceable by the City . '
It just takes me a little bit by surprise . Councilman Wing has told us
about several of these things and we 're trying to follow up on them . I
don 't know that this was one that we were aware of previously .
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I Planning Commission Meeting
June 19 , 1991 - Page 5
I Farmakes : Is this a long term problem? Has the boat been parked there for
quite some time? Or is it moored on the dock or is it moored on a float?
IJoan Skailman: It 's on a lift .
Farmakes : On a lift itself? Okay .
I Emmings: I think we could just add a condition . . .a condition that they
comply with their conditional use permit . .
•
I Farmakes : Okay . Well I have no problem with the actual facility itself .
None at all . You 've done a good job . Of working that out . It
incorporates all the concerns that we had when we worked out the original
Iamendment to the ordinance . Those are my comments .
Batzli : Paul? Or Sharmin or who did this one? I was just curious as to
I the conditions that we chose to put in here . It seems to me that these
conditions are in the ordinance . For example the first one and the second
one . Is there a rationale for why we chose certain conditions to be here?
Is this just to emphasize to the applicant?
IAl-Jaff : To make them aware that they have to come back next year .
IBatzli : But we didn 't include things having to do with other things in the
ordinance like screening or any of those other types of things . I guess I
was just curious as to the rationale of why we chose these particular two
items out of the ordinance .
IKrauss: Well the licensing , the annual licensing is a new item that came
in with this ordinance and when we send somebody a confirmation letter , the
I only conditions that are in the confirmation letter are those that are
specifically called out and it was just a matter of re-emphasis . One of
the conditions , the third condition requires compliance with all past and
I current approvals anyway so it gets back to the ordinance but we 're just
trying to put them on notice .
Batzli : It would seem almost better to send them a copy of the ordinance .
I Anyway , I was curious as to why we chose those two . It seems to me , well
here 's the next question . As part of the application process , if they
wanted to move the portable toilet from one location on their spot to
I another , could they do that just under 'the annual process or would they
have to come back to us?
Krauss: I don 't know . We haven 't been posed with that issue . I guess we
I
would have to evaluate if it 's still consistent with the understanding of
the approval of the CUP . On this lot I would dare say there is no other
location that would be acceptable without bringing it back to you . If this
I lot were 300 feet wide , there may be several options that would allow
movement consistent with your approval . I don 't think that exists here .
I Batzli : I guess I would have chosen to put in here that they would locate
it as specified in the drawing that they provided . We really don 't have a
Planning Commission Meeting
June 19 , 1991 - Page 6
plan stamped such and such but do it in accordance with their application .
And last and maybe least . I don 't remember . What 's the footage ewe require
the portable toilet from the ordinary high water mark?
Al-Jaff : 75 feet .
Batzli : Okay . So if the lake came up a lot , that would be part of the
annual renewal process I suppose . If they were unable to physically locate 1
the portable somewhere in the lot , I don 't, even know if that 's possible on
this particular one .
Krauss: Minnewashta doesn 't do that .
Batzli : Well , if we get a rain of 13 inches . I guess I 'm thinking of even 1
hypothetically on any lot , what happens in that kind of situation?
Krauss : Normally you 'd measure from the ordinary high water which is
suppose to take into account the fluctuations . Minnewashta doesn 't
fluctuate as much as all our other lakes do . It 's pretty well a fixed
elevation that we 've seen .
•
Batzli : If there 's flooding for one reason or another , we can revoke a
permit because of a safety and health hazard . That 's what I 'm getting at .
I 'm not talking about these particular . . . '
Krauss : If we have an extraordinarily wet year and we go out there in the
springtime for renewal and the thing 's under water , sure .
Batzli : Okay . That 's all I had .
Emmings: Alright , Annette .
Ellson: I apologize for getting my days mixed up to everybody who came
here as well . It 's not very good of me but moving right along . I think it II
looks just like what we wanted to put together and just the type of
application we 're trying to do . We made the ordinance in the first place
but I don 't believe we should reward a beachiot that 's not meeting their
original conditions with the chemical toilet if that boat 's out there and 1
they 're not allowed to have a boat or a dock or a lift or anything so I
think it should be tied together with getting that out of there .
Krauss: Now that we 've been made aware of it . First of all the City
Council doesn 't address this item until July 8th so that 's the earliest
this could be and we would not allow that to be erected or a permit to be '
issued for that until the lot 's in compliance .
Emmings: Anything else?
Ellson: No . I just don 't know how you can stick it in there to make sure
that it gets done .
Krauss: Add a specific condition .
I , .
I Planning Commission Meeting
June 19 , 1 991 - Page 7
IEmmings: Yeah . I think we should add .a specific condition that says that
it will be resolved before it goes to the City Council on July 8th and that
I boat and lift will be gone . I live on Lake Minnewashta and I think they do
a nice job at their beachlot taking care of it . Lots of times we 're
yelling at people up here but I think you 're to be commended for the way
you keep your lot . It 's very heavily used by the neighborhood there and I
I think they 've done a nice job of putting a plan together . I have no
reservations in supporting the application . Unless there 's any other
comments , is there a motion?
.
1 Batzli : I move the Planning Commission recommend approval of Conditional
Use Permit #91-5 in accordance with the 3 conditions set forth in the staff
report and a fourth condition that indicates that portable chemical toilet
I shall be located in accordance with the application received by the City on
5-20-91 .
IEllson: Do you have that other one?
Emmings : Do you think it 's good enough?
1 Batzli : I thought condition 3 already covered that . Do you not feet that
way Annette?
1 Ellson : I don 't know the ruling . That 's why I said . . .
Emmings: You 've made your motion .
IEllson: I 'll second it .
Emmings: I think it 's fine because we 've made it clear I think what we
I
mean by it . So I think it 's okay .
Ellson: Alright .
IEmmings: Is there any other discussion?
I Batzli moved, Ellson seconded that the Planning Commission recommend
approval of Conditional Use Permit #91-5 to allow a portable chemical
toilet on Minnewashta Creek Homeowners Association Recreation Beachlot
(Outlot B ) with the following conditions:
I1 . The applicant applies for a license from the city on an annual basis
prior to installation of the portable chemical toilet .
1 2 . The portable chemical toilet shall only be permitted from Memorial Day
to Labor Day and shall be removed from the beachlot during the rest of
Ithe year .
3 . The beachlot shall be maintained in good conditiona in a manner
consistent with previous approvals and current ordinance requirements .
I
Planning Commission Meeting
June 19 , 1991 - Page 8
4 . The portable chemical toilet shall be located in accordance with the
application received, by the City on 5-20-91 .
All voted in favor and the motion carried unanimously. I
PUBLIC HEARING:
CONDITIONAL USE PERMIT AMENDMENT TO ALLOW A 5TH BEDROOM IN A SEPARATE
STRUCTURE TO THE BLUFF CREEK BED AND BREAKFAST SITE LOCATED ON PROPERTY
ZONED A2 AND LOCATED ON BLUFF CREEK DRIVE APPROXIMATELY 1/4 MILE NORTH OF
HWY . 212 , ANN KARELS .
Jo Ann Olsen presented the staff report . Chairman Emmings called the
public -hearing to order .
Emmings : Is the applicant here? Do you wish to add anything to what 's
already been said or make any kind of a presentation? Now would be the
time to do it .
Ann Karels: No . I think it 's fine . If you have any questions I 'd be
happy to answer them . U
Emmings: Thank you . Are there any other members of the public here who
want to be heard on this? If not , is there a motion to close the public
hearing?
Ellson moved , Batzli seconded to close the public hearing . All voted in
favor and the motion carried. The public hearing was closed.
Emmings: Annette?
Ellson: I like it . I think that the changes she made , the fact that it 's II
a conditional use , we wouldn 't be able to prevent somebody from coming in
and trying to slip in under something else so I 'm all for it .
Emmings : Alright . Brian?
Batzli : In regard to the first condition . I may be slightly confused I
here . Won 't be the first time . Basically we 're saying that this approval
is contingent on the City coming in and doing this right?
Olsen: Right . '
Batzli : I would prefer then to word it that this is contingent , not the
City shall process . I mean it almost seems like we 're binding ourselves to I
do this and I guess if we word it such that this approval is contingent on
the City processing and approving , then the rest of that sentence and even
maybe another sentence that says something about this condition shall not I
bind the City passing such an ordinance . ,
Olsen: Oh okay .