5. Variance for Chemical Toilet on Minnewashta Pkwy .i BOA DATE: 8/13/90 5• CITY 4F --
\ ::::i • . CHAHA N _� � 90 5 Var c i Variance
IBy: Al-Jaff/v
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STAFF REPORT
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PROPOSAL: Installation of a Portable Chemical Toilet During the
1 Summer Season
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Z LOCATION: Recreational Beachlot Located on Minnewashta Parkway
Q Across from Linden Circle aA ^
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JAPPLICANT: Minnewashta Creek Homeowners Association tome.
c/o gene and Nancy Christianson Reoctut
I6561 Kirkwood Circle __87. Excelsior, MN 55331 ,;- �: `moo ,
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IPRESENT ZONING: PUD-R, Planned Unit Development Residential
ACREAGE: Approximately 9,600 square feet
1 DENSITY: N/A
ADJACENT ZONING AND
I LAND USE: N - RSF; single family
S - RSF; single family
Q E - Lake Minnewashta
IW - PUD; single family
!rat ' WATER AND SEWER: Available to the site.
IPHYSICAL CHARACTER. : The site is a riparian lot to Lake
W Minnewashta.
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2000 LAND USE PLAN: Low Density Residential
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Minnewashta Creek HOA Variance
August 13, 1990
Page 2 '
APPLICABLE REGULATIONS
Section 20-263 (2) prohibits portable chemical toilets to be
maintained or stored upon any recreational beachlot (Attachment
#1) .
ANALYSIS
The applicant is proposing to install a portable chemical toilet '
during the summer seasons on the recreational beachlot owned by
Minnewashta Creek Homeowners Association. The applicants believe
that the toilet is necessary for the use of the beachlot and that
it represents a safety improvement since it would avoid having
pedestrian crossing Minnewashta Parkway to use facilities located
in their homes. The Zoning Ordinance prohibits such use. Staff
considered amending the Zoning Ordinance to allow portable toilets
to be installed on recreational beachlots and contacted other
cities to find out what their experience has been. The Cities of
Eden Prairie, Bloomington, Burnsville, Eagan, Edina, Minnetonka and
White Bear Lake were contacted and each recommended that the City
of Chanhassen not adopt such an ordinance amendment that would
allow portable toilets. The City of Minnetonka had a problem with
a portable toilet® in a City park being vandalized and tipped over
into Libbs Lake. The bay was contaminated and had to be closed for
the entire summer season. '
A variance may be granted by the Board of Adjustments and Appeals
or City Council only if all of the following criteria are met:
a. That the literal enforcement of this chapter would cause undue
hardship. Undue hardship means that the property cannot be
put to reasonable use because of its size, physical
surroundings, shape or topography. Reasonable use includes a
use made by a majority of comparable property within 500 feet
of it. The intent of this provision is not to allow a
proliferation of variances but to recognize that and develop
neighborhoods pre-existing standards exist. Variances that
blend with these pre-existing standards without departing
downward from them meet this criteria.
* Staff surveyed the area within 500 feet of the beachlot
and found two additional beachiots that are located
within the survey area. The two are Minnewashta Heights
and Pleasant Acres Beachlots. Both contain a portable
toilet. These toilets predate the Zoning Ordinance
pertaining to the beachiots, therefore, they are
grandfathered in. Staff does not advocate the use of
these two existing non-conformities to support granting
the variance request. We note that unlike setbacks ,
Minnewashta Creek HOA Variance
August 13, 1990
' Page 3
applied to homes or decks on RBF lots, a portable toilet
' is not a principal or accessory use on a beachlot and is
specifically prohibited by the beachlot ordinance.
' b. The conditions upon which a petition for a variance is based
are not applicable, generally, to other property within the
same zoning classification.
' * The conditions upon which this petition for a variance is
based are applicable generally to other properties within
the same zoning classification. Thus, it would establish
a precedent for all beachlots.
c. The purpose of the variation is not based upon a desire to
' increase the value or income potential of the parcel of land.
* This does not appear to be the case. The applicant is
attempting to utilize the portable toilet as an amenity
' but this will not have a significant effect on land
values.
' d. The alleged difficulty or hardship is not a self created
hardship.
* Staff has difficulty in finding the hardship. When the
beachlot was designated as a beachlot, the owners were
fully aware that portable bathrooms are not a permitted
use. Users of the beach can still use bathrooms at their
' private homes as their homes are located within walking
distance.
' e. The granting of the variance will not be detrimental to the
public welfare of injurious to other land or improvements in
the neighborhood in which the parcel is located.
' * The granting of the variance may be detrimental to the
public welfare if the portable toilet tipped over, Lake
Minnewashta would be polluted. In response, the
' applicants have verbally indicated that they would have
the toilet serviced as frequently as required and that it
could be chained to prevent tipping. There is also the
' question of visual impact since portable toilets are not
attractive nor consistent with residential development.
f. The proposed variation will not impair an adequate supply of
light and air to adjacent property or substantially increase
the congestion of the public streets or increases the danger
of fire or endanger the public safety or substantially
' diminish or impair property values within the neighborhood.
Minnewashta Creek HOA Variance
August 13, 1990
Page 4
* The portable toilet is proposed to be located to the
northwest of the property. It is to be partly screened
by an oak tree. To the north of the proposed location of
the portable toilet is an existing fence. The proposed
portable toilet will not impair the supply of light and
air to adjacent property but will be an eyesore as
portable toilets are not an attractive scene.
RECOMMENDATION
Staff is recommending denial of Variance #90-5. We believe that it
would set a precedent for all beachlots and that it could pose
visual and environmental problems.
If the Board of Adjustments and Appeals and City Council choose to
recommend approval, then staff would recommend the following
conditions:
1. The applicant shall work with staff to screen the portable '
toilet.
2. The toilet shall be anchored firmly.
3. The toilet shall be maintained and cleaned a minimum of two
times per week.
4. Staff be directed to prepare an ordinance revision that would '
allow portable toilets on all beachlots.
ATTACHMENTS '
1. Zoning Ordinance Section 20-263.
2. Site plan showing proposed location of portable toilet on
beachlot.
3. Letter from applicant.
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§ 20-263 CHANHASSEN CITY CODE
' (1) Recreational beach lots shall have at least two hundred(200)feet of lake frontage.
(2) No structure,portable chemical toilet,ice fishing house,camper,trailer,tent,recrea-
tional vehicle or shelter shall be erected,maintained or stored upon any recreational
' beach lot.
(3) No boat,trailer,motor vehicle,including but not limited to cars,trucks,motorcycles,
' motorized mini-bikes, all-terrain vehicles or snowmobiles shall be driven upon or
parked upon any recreational beach lot.
(4) No recreational beach lot shall be used for overnight camping.
' (5) Boat launches are prohibited.
(6) No recreational beachlot shall be used for purposes of overnight storage or overnight
' mooring of more than three (3)motorized or nonniotorized watercraft per dock. If a
recreational beachlot is allowed more than one(1)dock,however,the allowed number
of boats may be clustered. Up to three(3) sailboat moorings shall also be allowed.
' Nonmotorized watercraft such as canoes,windsurfers,sailboards and small sailboats
may be stored overnight on any recreational beachlot if they are stored on racks
specifically designed for that purpose. No more than six(6)watercraft may be stored
' on a rack. The number of racks shall not exceed the amount of storage necessary to
permit one(1)rack slip per lot served by the beachlot;however,in no case shall there
' be more than four(4)racks per beachlot. Docking of other watercraft or seaplanes is
permissible at any time other than overnight.
(7) The maximum number of docks on a recreational beachlot is three(3).No dock shall
be permitted on any recreational beachlot unless the beachlot meets the following
conditions:
' a. Shoreline of at least two hundred(200)feet per dock,and
b. Area of at least thirty thousand(30,000)square feet for the first dock and addi-
tional twenty thousand(20,000)square feet for each additional dock.
' (8) No recreational beach lot dock shall exceed six (6) feet in width, and no such dock
shall exceed the greater of fifty (50) feet or the minimum straight-line distance
necessary to reach a water depth of four(4)feet.The width(but not the length)of the
cross-bar of any "T" or "L" shaped dock shall be included in the computation of
length described in the preceding sentence.The cross-bar of any such dock shall not
measure in excess of twenty-five(25)feet in length.
(9) No dock shall encroach upon any dock set-back zone, provided, however, that the
• owner of any two(2)abutting lakeshore sites may erect one(1)common dock within
' the dock setback zone appurtenant to the abutting lakeshore'sites, if the common
dock is the only dock on the two(2)lakeshore sites and if the dock otherwise conforms
with the provisions of this chapter.
(10) No sail boat mooring shall be permitted on any recreational beach lot unless it has at
least two hundred(200)feet of lake frontage.No more than one(1)sail boat mooring
' shall be allowed for every two hundred(200)feet of lake frontage.
Supp.No.2
1180
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June 26, 1990
Dear Planning Commission,
' We represent the Minnewashta Second and Third Addition Homeowners
Association. We are a group of 43 homeowners who jointly own and maintain
a beach outlot on the east shore of Lake Minnewashta. There are currently
' 40 occupied homes in which 63 adults and 57 children reside.
Approximately 60% of those families use the beach outlot regularly. On a
typical weekend, families remain at the beach outlot an average of 5 hours
-- longer if the weather is particularly warm. Besides the annual
11 Association picnic in July, many association families host family
reunions, birthday parties, and small company picnics at this beach lot.
' The Association represents community-minded people who are concerned about
the environment. We have demonstrated responsibility by maintaining a
clean and well groomed beach outlot. We have provided containers for
' recyclables. We also employ a natural lawn service that uses only organic
material to fertilize our lawn. We do not want to harm Lake Minnewashta
with unnecessary pollutants.
The Association is requesting a variance to zoning ordinance section
20-263, specifically item #2 which does not allow a portable chemical
toilet to be erected, maintained, or stored On any recreational beach
lot. We are asking for this variance for the following reasons.
1. Minnewashta Parkway creates a potential hazard to any pedestrian
crossing it. Although there is a painted crosswalk and
pedestrian crossing signs posted, most vehicles ignore them, and
few motorists obey the posted 30 m.p.h. speed limit.
' 2. We believe in a clean environment and a clean lake to swim in.
While we would hope all beach users would take the time to go
home and use their own toilet facilities, we know this is not
' happening.
of time". Especially with small children who usually "run out
The portable chemical toilet companies we have
contacted have assured us that the unit would be cleaned a
minimum of once per week or more often if deemed necessary.
3. There would be no cost to the City of Chanhassen. The
Association will assume all costs for the rental and maintenance
of a portable chemical toilet.
Due to the lack of a city maintained recreational facility in or near our
neighborhood, we feel our request is fair and reasonable.
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Please consider our appeal and grant a variance that would allow us to
place a portable chemical toilet on our beach outlot for summer seasonal
use only. Attached you will find a map of our beach lot which indicates
the selected location of the portable toilet. Please note there is a
large tree which would protect it and hide it from the view of Minnewashta
Parkway.
Sincerely, '
Gene Christensen, President
A.5e 410100."
Nancy Chr stensen, Co-President
Minnewashta Creek Homeowners Assn.
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