1971 03 15
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PUBLIC HEARING - D. J. EXCAVATING - CONDITIONAL USE PERMIT
The Chanhassen Village Council met on March 15, 1971, for the
above special meeting. The following Council members were
present: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz,
Neils and Wolf.
The following persons were present: Mr. and Mrs. Leonard J. Ware,
Mr. and Mrs. Frank Natole, William H. Schmid, W. C. Dayton,
S. W. Johnson, John W. Breckheimer, Lois Bowen, Paul Symanitz,
Lydia M. Swanson, Roy Giese, Wilma Thompson, Mr. and Mrs. R. C.
Howard, W. C. Salt, Jerry Schlenk, Mr. and Mrs. Dan Schimmelpfennig,
Franco C. Loris, Mr. and Mrs. K. A. Schimmelpfennig, Conrad
Schimmelpfennig, R. Stuart Schmid, George Koehnen, R. D. McCarthy,
Gary J. Smiyer, Margaret H. Parker, Barbara M. Gullickson,
Robert M. Bowen, Mr. and Mrs. Ronald Metcalf, Walter Hayes,
Mark S. Parker, Don Rippel, Warren Jensen, Don Latterner, M. Smith,
J. E. Mielke, Ward Passe, William Koch, B. Schmid.
The Mayor opened the Public Hearing, stating that questions from
the floor would be accepted.
MR. ROBERT BOWEN stated that he would like to hear from the
applicant.
MR. SCHIMMELPFENNIG stated that he was requesting this
Conditional Use Permit until sewer was available. He stated
that he felt that when sewer was available, the area would
be platted for development. Also that his father lives in
the existing house and that he is purchasing this property
on a contract for deed from Mr. Strong.
JOHN BRECKHEIMER (Resident of Shorewood, property abutts on
the north side of the Schimmelpfennig property): The general
area of this property has considerably improved since Mr.
Schimmelpfennig has purchased the property. I have no
complaint against this request for a Conditional Use Permit.
STUART REAMER: (Owner of the property adjacent to Mr.
Schimmelpfennig on the south boundary): I feel that I am
probably the most affected by any change of this property.
Since Mr. Schimmelpfennig purchased this property, it has
been improving in appearance all the time. I have no ob-
jections to this application.
MR. LEONARD WARE: (Owner of property adjacent on the east
side of Schimmelpfennig property): Mr. Ware stateæthat he
was concerned about the general use and zoning in this area.
He stated that he had talked to a number of people about
this Conditional Use Permit and had circulated the following
petition:
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PUBLIC HEARING - D. J. EXCAVATING - CONDITIONAL USE PERMIT
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MR. LEONARD WARE (CONTD):
March 12, 1971
Members of the Council:
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Enclosed is a photostatic copy of a petition objecting to the
issuance of a conditional use permit to D. J. EXCAVATING, INC.
to store and maintain commercial excavating equipment on the
premises at Lilac Lane, Chanhassen Village. The original
will be made available to you, and to the entire Council, at
the public hearing on the matter on Monday evening,
March 15th, at the village hall.
It is the request of the signators that present residential
zoning in the area remain in full effect and that it be
enforced.
Issues related to this specific conditional use application
that might also be discussed are:
1. The method in which building permits are issued
within the village. It would appear that, with-
in this immediate area at least, building permits
have been issued after construction has actually
begun and without full and comprehensive under-
standing of the intended use of the proposed I
buildings.
2. The general philosophy of the village council as
it relates to the enforcement of existing zoning
ordinances.
3. The intentions of the village council regarding
this immediate area in terms of impending zoning.
Cordially,
SIGNED by the following people:
Leonard E. Ware, Mrs. Leonard E. Waret Mr. and Mrs. W. F.
Ewe, Mr. and Mrs. E. J. Hartman, S. W. Simcox, Mr. and Mrs.
Howard Viken, Mr. and Mrs. Richard W. Brown, Marvin D. Timm,
Guy J. Blodgett, Mr. and Mrs. George Everett, Mr. and Mrs.
Merill Bartlett, Mr. and Mrs. Dean Wetzel, Mr. and Mrs.
Mark Parker, Mr. and Mrs. Robert Bowen, Mr. and Mrs. Paul
Barnett, W. P. Cunningham, Mr. and Mrs. Miles W. Lord,
Mrs. Sue Joyce, Mr. and Mrs. Wm. D. Gullickson, Mr. and
Mrs. R. C. Howard, Mr. and Mrs. M. Kragstad.
Mr. Ware also had large photographs of the property in
question. He stated that the operation of an excavating
business in this area would substantially change the
nature of this area. Further stating that he objected
to the Council granting a Conditional Use Permit.
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PUBLIC HEARING - D. J. EXCAVATING - CONDITIONAL USE PERMIT -3-
MRS. NATOLE: (Owner of property abutting on east side):
She stated that the general area had been improved
considerably and was not against the Council granting a
Conditional Use Permit for a couple of years.
MRS. ~1A£K PARKER: (Lives on Pleasant View Road): She
stated that she is against the Conditional Use Permit.
The Village Administrator read the following Shorewood Res-
olution:
RESOLUTION NO. 185
WHEREAS, the Village of Shorewood and the Village
of Chanhassen have demonstated their mutual concern of the
problems of the respective Villages and have cooperated
with each other in an effort to solve such problems, and
WHEREAS, the Christmas Lake area, portions of which
are in the Village of Shorewood and portions of which are
in the Village of Chanhassen, is essentially a residential
community and highly desirable for residential living, and
WHEREAS, the Councils of the respective Villages of
Shorewood and Chanhassen have in the past expressed a
desire to maintain the high residential quality of the
area, and
WHEREAS, the residents of the Christmas Lake area
have brought to the attention of the Shorewood Village
Council a pending request of a landowner in Chanhassen
Village to use certain properties in the Chanhassen portion
of the Christmas Lake area for the parking and garaging
of commercial and heavy industrial equipment and trucks,
etc., which in the opinion of the Shorewood Council,
would be detrimental to the quality of life in the
Christmas Lake area,
NOW, THEREFORE, Be It Resolved by the Village Council
of the Village of Shorewood, Minnesota:
That they record themselves as opposed to the intro-
duction of any type of use of Christmas Lake area property
for other than residential use and especially opposed to use
of such land for parking or~toring of vehicles and they do
ask the Village Council of the Village of Chanhassen to
give consideration to the request of the residents of the
Village of Shorewood residing in the Christmas Lake area
opposing the use of such Christmas Lake area property for
non-residèntial purposes;
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PUBLIC HEARING - D. J. EXCAVATING - CONDITIONAL USE PERMIT -4-
Resolved Further, that the Village Council of the I
Village of Shorewood does herewith express its appreciation
to the Council of the Village of Chanhassen for its past
considerations and cooperation in matters which affect both
villages.
ADOPTED BY THE COUNCIL OF THE VILLAGE OF SHOREWOOD,
MINNESOTA, this 3rd day of March, 1971.
WALLACE DAYTON: I feel that this area should remain
residential.
MR. REAMER:
ANSWER:
Is this permanent rezoning?
No. A Conditional Use Permit is reviewed
annually.
MR. GULLICKSON: (Lives on Pleasant View Road): I feel
that this area should remain residential and that if the
Conditional Use Permit were granted, it would be initial
action in the wrong direction with regard to the guide
plan.
RON METCALF: I would be in favor of granting a Conditional
Use Permit.
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VILLAGE ATTORNEY read a letter dated November 4, 1970, to
Mr. Schimmelpfennig, explaining his violation. Also ex-
plained the Zoning Ordinance and what uses are allowed.
FRANCO LORIS: (Owner of property adjacent south of Mr.
Schimmelpfennig): I own most of Twin Hills Estates and
I have seen this property both before and since Mr.
Schimmelpfennig owned it and I feel that there has been
considerable improvement. I would be in favor of the
Council granting the Conditional Use Permit.
BILL KOCH: It seems these people are against a person
making a living off of his property. Also you can't even
see this property from County Road 17.
MR. WARE: Question of Mr. Schimmelpfennig: Is it true that
you have sold some of your property to a Mr. Donovan?
ANSWER: Could be.
VILLAGE ATTORNEY: Question of Mr. Schimmelpfennig: Have
you sold some of this property?
ANSWER: Yes.
Question: How much?
ANSWER: Approximately 7 acres. I
Question: Was your request for a Conditional Use Permit for
an entire tract of land?
ANSWER: Yes.
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PUBLIC HEARING - D. J. EXCAVATING - CONDITIONAL USE PERMIT -5-
A motion was made by Councilman Bennyhoff and seconded by Council-
man Neils to adjourn the Public Hearing. The following voted
in favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingel-
hutz, Neils and Wolf. No negative votes. Motion carried.
A motion was made by Councilman Klingelhutz and seconded by
Councilman Wolf that the Council will act on this request for
a Conditional Use Permit on AprilS, 19711 at 8:10 p.m. The
following voted in favor thereof: Mayor Coulter, Councilmen
Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes.
Motion carried.
Statement by the Mayor:
1. The building permit was not issued by the Council.
2. Misrepresentation on this application.
3. I do not know how the other Council members feel
but, I will be voting against granting a Conditional
Use Permit.
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PUBLIC HEARING - PROPOSED REGULATIONS FOR DEVELOPMENT 0F AREAS
NOT SERVED BY PUBLIC SANITARY SEWER,- March 15, 1971
The following people were present: Franco Loris, Mr. and Mrs.
Wm. Gullickson, Mr. and Mrs. Alexander Hartmann, Mr. and Mrs.
George Shorba, Jr., Claude J. Sinnen, Roy Teich, Ward Passe,
Gene Will, Dick Logelin, Tom Gabbert, John Neveauxl Bob Fayfield,
Arnie Weimerskirch, Jerry Schlenk, Paul Synamtz, Harold Hesse,
Bob Scholer, J. E. Mielke, John Mielke, Don Rippel, Mr. and
Mrs. Will Johnson. <
General discussion by the people present on how this proposed
Ordinance evolved, why this type of Ordinance if necessary, etc.
Miscellaneous questions were asked regarding the 5 acre principle.
The Village Attorney stated that he felt that he could defend this
type of Ordinance as being reasonable.
COUNCILMAN KLINGELHUTZ stated that if it was set at 5 acres
he would object. However, he would compromise if it were
2~ acres or something like that.
A motion was made by Councilman Klingelhutz and seconded by
Councilman Neils to adjourn. The following voted in favor
thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils
and Wolf. No negative votes. Motion carried.
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CHANHASSEN VILLAGE COUNCIL MINUTES - March 15, 1971
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The regular Chanhassen Village Council meeting on March 15, 1971,
was opened with the Pledge to the Flag. The following members
were present: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz,
Neils and Wolf.
A motion was made by Councilman Klingelhutz and seconded by
Councilman Bennyhoff to defer any action on the approval of
Minutes. The following voteà in favor thereof: Mayor Coulter,
Councilmen Bennyhoff, Klingelhutz, Neils and Wolf. No negative
votes. Motion carried.
BILLS: A motion was made by Councilman Bennyhoff and seconded by
Councilman Klingelhutz to approve the bills as submitted. The
following voted in favor thereof: Mayor Coulter, Councilmen
Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes.
Motion carried.
WARRANT: Councilman Bennyhoff moved the adoption of the
following Resolution: BE IT RESOLVED that the following
bill be paid in a warrant:
SINKING FUND: American National Bank and Trust Co.
196602 Building Fund, in the amount of $3,037.08,
check number 221.
Resolution seconded by Councilman Wolf. The following voted
in favor thereof: Mayor Coulter, Councilmen Bennyhoff,
Klingelhutz, Neils and Wolf. No negative votes. Motion
carried.
Councilman Klingelhutz moved the adoption of the following
Resolution: BE IT RESOLVED that the following bill be paid
in a warrant:
SINKING FUND: First National Bank of St. Paul
67-5 Building Fund in the amount of $2,799.04, check
number 220.
Resolution seconded by Councilman Bennyhoff. The following
voted in favor thereof: Mayor Coulter, Councilmen Bennyhoff,
Klingelhutz, Neils and Wolf. No negative votes. Motion
carried.
PROPOSED ORDINANCE #45: Councilman Klingelhutz asked the Village
Attorney if he thought he could defend this Ordinance and win.
ANSWER: Yes.
A motion was made by Councilman Klingelhutz and seconded by
Councilman Wolf that under Section 2.02 read as follows:
Residential building permits in areas not presently platted
or subdivided by registered land surveys, and which are not.
served by the Village sanitary sewer system shall be limited to
one (1) single family residential permit for each two and one-
half (2~) acre tract.
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CHANHASSEN VILLAGE COUNCIL MINUTES - March 15, 1971
II PROPOSED ORDINANCE #45 (CONTD):
The following voted in favor thereof: Councilmen Bennyhoff,
Klingelhutzl Neils and Wolf. Mayor Coulter vbted no. Motion
carried.
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A motion was made by Councilman Bennyhoff and seconded by
Councilman Wolf that Section 2.05 read as follows:
2.05 Lakeshore and Streams. No portion of any individual
sewage disposal system shall be installed within 125 feet of
the high-water elevation of any lake or stream. For purposes
of this section, (a) high-water elevation means the highest
level of water observed on lakes or streams during past flood
periods, and (b) high-water elevation applicable to an indivi-
dual sewage disposal system shall be the elevation established
for the adjoining or nearest lake or stream measured at right
angles to the lake or stream.
The following voted in favor thereof: Councilmen Bennyhoff,
Klingelhutz, Neils and Wolf. Mayor Coulter voted no. Motion
carried.
A motion was made by Councilman Bennyhoff and seconded by
Councilman Neils that Section 2.02 shall read as follows
(in part): tract, which shall bave a front yard of not less
than fifty (50) feet, a side yard on one side of not less than
one hundred (100) feet and a side yard on the other side of not
less that ten (10) feet, a rear yard of not less than fifty
(50) feet, and which sba1l adjoin a public road or Village
street. The depth of each such tract shall not be greater than
two (2) times the width. The following voted in favor thereof:
Mayor Coulter, Councilmen Bennyhoff, Klingelhutz, Neils and
Wolf. No negative votes. Motion carried.
A motion was made by Councilman Neils and seconded by Councilman
Wolf that Section 2.03 read as follows:
2.03 Existing Platted Areas. No building permit shall
be issued for residential construction on any lot or tract of
land in an existing platted area which is not served by the
Village sanitary sewer system unless the lot or tract of land
shall contain at least thirty thousand (30,000) square feet,
shall have a front yard of not less than thirty (30) feet, a.
side yard of not less than ten (10) feet, and a rear yard of
not less than thirty (30) feet. For the purposes of this
section an existing platted area shall include registered land
surveys. Any permit issued under this section shall be limited
to single family residential construction.
The following voted in favor thereof: Mayor Coulter, Councilmen
Bennyhoff, Klingelhutz, Neils and Wolf. No negative votes.
Motion carried.
CHANHASSEN VILLAGE COUNCIL MINUTES - March l5, 1971
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PROPOSED ORDINANCE #45 (CONTD): A motion was made by Councilman
Wolf and seoncde by Councilman Neils that Section 4.03 read as
follows:
4.03 Council Action. No variance shall be granted by the
Village Council unless it shall have received the affirmative
vote of at least four-fifths of the full Council.
The following voted in favor thereof:
Bennyhoff, Klingelhutz, Neils and Wolf.
Motion carried.
Mayor Coulter, Councilmen
No negative votes.
A motion was made by Councilman Wolf and seconded by Councilman
Neils to approve Ordinance #45 as submitted with amendments.
The following voted in favor thereof: Mayor Coulterl Councilmen
Bennyhoff, Klinge1hutz, Neils and Wolf. No negative votes.
Motion carried.
LAKE ANN SANITARY SEWER INTERCEPTOR: A motion was made by
Councilman Bennyhoff and seconded by Councilman Neils to
adopt the following Resolution #3l571l:
RECOMMENDATION FOR ESTABLISHMENT OF LAKE ANN SANITARY SEWER
INTERCEPTOR.
WHEREAS, consideration of the Lake Ann sanitary sewer
feasibility studies of March 1969 and September 1970 supports
the conclusion that the proposed Lake Ann trunk sanitary sewer
is a main sewer line which can be designed and used to conduct
sewage originating in more than one government unit through
connection with the Shorewood No.2 Interceptor, and
WHEREAS, it is the opinion of this Council that it is in
the public interest that the Lake Ann trunk sanitary sewer be
designated as an interceptor within the Metropolitan Council
comprehensive plan for the collection and disposal of sewage
in the metropolitan area.
NOW, THEREFORE, BE IT RESOLVED that:
1. The Metropolitan Council is hereby requested to
designate and establish the Lake Ann trunk
sewer as an interceptor within its comprehensive
plan, and
2. That the Metropolitan Sewer Board is hereby
requested to timely construct, operate and
maintain said Lake Ann trunk sewer as an inter-
ceptor in order to serve the critical sewer
disposal needs of the developing area.
Passed and adopted by the Council of the Village of Chanhassen
this 15th day of March, 1971.
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CHANHASSEN VILLAGE COUNCIL MINUTES - March l5, 1971 1
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The following voted in favor thereof: Mayor Coulter, Councilmen
Bennyhoff, K1ingelhutz, Neils and Wolf. No negative votes.
Motion carried.
A motion was made by Councilman Bennyhoff and seconded by
Councilman Klingelhutz to adjourn. The following voted in
favor thereof: Mayor Coulter, Councilmen Bennyhoff, Klingelhutz,
Neils and Wolf. No negative votes. Motion carried.
TIME - 12:15 p.m~
Adolph Tessness
Clerk-Administrator
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