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1990 08 13BOARD OF ADJUSTMENTS AND APPEALS MINUTES AUGUST 13, 1990 MEMBERS PRESENT: Jay Johnson Willard Johnson Carol Watson STAFF PRESENT: Sharmin A1-Jaff Paul Krauss' Willard Johnson opened the meeting. Variance request for installation of a portable chemical toilet during the summer seasons on the recreational beach lot located on Minnewashta Parkway across from Linden Circle Minnewashta Creek homeowners. Sharmin A1-Jaff presented the staff report. Willard Johnson opened the public hearing. Nancy Christenson, representative of the Minnewashta Creek Homeowners Association, indicated that the Association plans to screen -the portable bathroom. When they first created this specific beachlot there were five families living in the neighborhood, today there are 60 families, the majority of which use the beachlot. Minnewashta Parkway is a busy road. There is a crosswalk but it is always ignored. She indicated that the toilet can be chained to prevent tipping. They do not plan on putting it in this year but they are requesting that approval be granted for next year. They plan on putting it in starting Memorial Day through Labor Day. The type of fencing is going to be a redwood fence and Nancy Christenson indicated that the beachlot~is very well maintained and they plan on keeping it that way. They do not want to become offensive to anybody. Willard Johnson indicated that he has received complaints about City portable toilets at parks that have an offensive smell. Nancy Christenson indicated that if need be, they will clean the toilets every day. Jay Johnson indicated that in the staff report there was an incident where a toilet was tipped in Minnetonka and whether Paul Krauss would elaborate on that. Paul Krauss said that Libbs Lake is located at the far southeast corner of Lake Minnetonka. The City maintains a beach and one night a vandalism incident took place where two portable toilets were tipped into the bay. The bacteria count was very high as a result and they had to close the~ bay for the entire summer season. Paul. Krauss also'indicated that this might not be the case in Lake Minnewashta. The characteristics of Lake Minnewashta might be,different than that bay, but the chance of vandalism is still there.. Jay Johnson wanted to know the difference between City and private beachlots. He indicated that there is no difference between a City bathroom and a private bathroom. He said that the City should start working on an environmental-ordinance. It does not have to be a part of the zoning ordinance, but that is the direction staff Board of Adjustments and Appeals Minutes August 13, 1990 Page 2 should go with creating an environmental ordinance. Paul Krauss indicated that the difference between a private bathroom on a beachlot and a City bathroom on a beachlot is the City monitors portable bathrooms in parkls on a daily basis; and has direct control over them. In a case where it is a private beachlot, the City would be faced with a difficult inspection problem. Jay Johnson recommended that staff take a look at the City as a whole to see what is a temporary use and how it is monitored such as on July 4. Willard Johnson closed the public hearing. Jay Johnson moved to deny the variance. Carol Watson seconded the motion. All voted in favor. Jay Johnson moved to request staff to further investigate portable bathrooms and create an ordinance pertaining-to portable bathrooms. Carol Watson seconded the motion. All voted in favor. Approval of Minutes: Carol Watson moved to approve the minutes dated July 23, 1990. Willard Johnson seconded the motion. All voted in favor. Willard Johnson moved to adjourn the meeting. Jay Johnson seconded the motion. All voted in favor.