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06-2-93 Agenda and Packet AGENDA FILE CHANHASSEN PLANNING COMMIS WEDNESDAY, JUNE 2, 1993, 7:30 I CHANHASSEN CITY HALL, 690 COULTL CALL TO ORDER PUBLIC HEARINGS 1. Non-conforming use permit for Colonial Grove Homeowners Association Recreational Beachlot. The permit shall describe the nature and extent of the use allowed. 2. Non-conforming use permit for Schmid's Acres Homeowners Association Recreational Beachlot. The permit shall describe the nature and extent of the use allowed. *THIS ITEM HAS BEEN DELETED* *3. Rezone 31.83 acres of property zoned A2, Agricultural Estate to PUD, Planned Unit Development; a preliminary plat to subdivide the parcel into 48 single family lots; and a wetland alteration permit to alter and mitigate wetlands. The property is located west of Galpin Boulevard and south of Hwy. 5, Trotters Ridge, Tandem Properties. 4. Doug Hanson, West One Properties for a PUD to rezone the property from BG, General Business to Planned Unit Development, a preliminary plat to replat Lots 1, 2, and 3, Burdick Park into one lot and site plan review for a 48,025 square foot expansion of an office and manufacturing facility located at 7900 Monterey Drive, West One Expansion. 5. Wetland Alteration Permit requested by the City of Chanhassen to accommodate — improvements to Powers Boulevard. OLD BUSINESS NEW BUSINESS APPROVAL OF MINUTES CITY COUNCIL UPDATE ONGOING ITEMS ADMINISTRATIVE APPROVALS OPEN DISCUSSION ADJOURNMENT NOTE: Planning Commission meetings are scheduled to end by 11:00 p.m. as outlined in official by-laws. We will make every attempt to complete the hearing for each item on the agenda. If, however, this does not appear to be possible, the Chair person will notify those present and offer rescheduling options. Items thus pulled from consideration will be listed first on the agenda at the next Commission meeting. CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 —„„ MEMORANDUM _ TO: Planning Commission FROM: Kate Aanenson, Senior Planner DATE: May 24, 1992 SUBJ: Colonial Grove at Lotus Lake Recreational Beachlot BACKGROUND Colonial Grove was approved first approved in 1956. Additional phases were approved in 1979 and 1980. There are approximately 73 homes in both additions of Colonial Grove. A Non- Conforming Use Permit for the Lotus Lake Betterment Association (the Colonial Grove beachlot) was approved by the city in June of 1981. This Non-Conforming Use Permit gives the terms and conditions for the level of use for the beachlot. (Please see attached Non-Conforming Use Permit.) The non-conforming permit issued in 1981 omits the use of boats being docked overnight. Staffs interpretation of the permit is that no boats are allowed to be docked overnight. The association is stating that they have been grandfathered the right to dock boats overnight. The non-conforming use permit was amended in 1984 to allow for 2 canoes rack to be located at the beachlot. The only issue staff is asking the consideration or interpretation of is the number of boats that can be docked overnight. In 1981 when staff surveyed this beachlot, it was noted that there were 3 boats at the dock and 3 boats on land. The association has included the minutes from an association meeting in April of 1984 that states the number of boats approved was nine. The inventory by staff in 1986 showed 3 speed boats at the dock as well as 3 jet skis on the dock. The non-conforming use _ permit specifically addresses the following: 1. A one hundred foot dock 2. Permits swimming, tennis and picnicking 3. No buildings can be erected is PRINTED ON RECYCLED PAPER Planning Commission May 24, 1993 Page 2 4. No boats are to be moored 5. No airplanes are to be moored — 6. No swimming platform is permitted 7. Camping and motor vehicle parking is prohibited Minutes from the Planning Commission and the City Council meetings regarding the intent of the non-conforming use permit regarding boats to be docked overnight is inconclusive. The Planning Commission minutes state that a conditional use permit would be required to dock boats — overnight. SUMMARY The association is requesting the approval of nine (9) boats to be docked overnight at the — beachlot. ATTACHMENTS 1. Letter from Cliff Whitehill dated March 2, 1993 2.. Non-Conforming Use Permit _ 3. Conditional Use Permit #84-2. I _ • • -0 ►� i 4..W_1514.4.*: � 14-•• • -;T a'„7-. 4 i Soo iiiIx1 ' L, y ` qI silk no t ,7 ha Alli.: L411 ma. irk ,t i' . • % ; ��hI�\III�m '�. �1 $ r ll��,� �..„.i.11‘ liA IP i 1 •.: ' \ ' . , _ — 0..-.. . -.... 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V: iv co n • 1e ': 8 •.Jit ..— ...- 1101 . inc - ... : ° .SW +.. ••• N0. crry OF EDEN PRAIRIE RECREATIONAL BEACHLOT INVENTORY 1981 1986 1991 Colonial Grove 44 homes Lotus Lake 2 acres — 25 ' of shoreline Motor Vehicle Access yes yes yes Off-Street Parking yes yes yes Boat Launch no no no Permanent Buildings no no no Setbacks Temporary Buildings no no no Portable Restroom no no no Picnic Tables no no 1 Grills/Campfires no no no Seasonal Docks 1 35 ' 1 35 ' 1 35 ' Approximate Length Canoe Racks no 1 6 1 6 spaces spaces Boats on Land 3 7 9 Boats Moored no no no Boats Docked 3 3 4 Swimming Beach yes no no Marker Bouys no no no Swimming Raft no no no Comments: well tennis maint. court sandy basketba beach 11 the tennis entire court lot fenced +1o4,mfA-I # GENERAL MILLS, INC. • EXECUTIVE OFFICES March 2, 1993 Number One General Mills Boulevard • Minneapolis, Minnesota 55426 C.L. WHITEHILL Senior Vice President General Counsel end Secretary Tel. (612) 5403862 Fax (612) 540-3778 Kathryn R. Aanenson Senior Planner City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 Dear Ms. Aanenson: This letter is in reply to yours of September 18, 1992, as well as the subsequent discussions that we have had on the subject of the Non- Conforming Use Permit, Beach Lot - Colonial Grove at Lotus Lake and Colonial Grove at Lotus Lake Second Addition dated the 15th day of June, 1981. Accordingly, please accept this letter as a request to the City of Chanhassen for an amendment or expansion of Section 2.11 of the referenced Non- Conforming Use Permit to read as follows: 2.11 Certain Structures Prohibited. Except for (a) the existing "T" dock of 100 feet at which not more than eight pleasure boats may be moored; (b) two canoe racks, each designed to hold six canoes; (c) the existing chain link boundary fence; and (d) the existing fence on three sides of the tennis courts; no other structure shall be ( constructed or erected on Outlot A or in the waters abutting Outlot A. The preceding request for the amendment or modification to the referenced ( ( Non-Conforming Use Permit is made on the basis that the present use of the dock, the canoe racks, and fences are all in accordance with the existing use and structures which have been on this outlot for approximately the past 10 years or, as to the canoe racks, is covered by a subsequent Conditional Use Permit. Mailing Addeess-P O.Be,1113.Minneapolis,Minnesota 550 Kathryn R. Aanenson March 2, 1993 Page 2 [("I Attached hereto as further support of the requested amendment or modification are (1) an excerpt from previous minutes of the Lotus Lake Betterment Association noting nine individual boats to be moored at the "common dock," and (2) the letter of the City of Chanhassen dated April 23, 1984 approving the two canoe racks. Your attention to this matter will be sincerely appreciated. If it is recommended that representatives from the Colonial Grove Addition appear at any public hearings on this matter, we will be most pleased to be present. Yours truly, CLWido C t t (' t • -2- no cash reserve . In light of that , the Board is proposing that the present dues of $50 per household be raised to $100 per household beginning with this years dues . This will better defray costs and build a budget reserve for our more high cost items in the future . Better to pay a little more now, than big assessments downline ! Unpaid and Delinquent Dues . The Board has unanimously agreed that households that owe back dues or who do not pay current ones , will not be welcome to use common Association facilities . Dues statements will be forthcoming and we would ask that you please pay in full promptly so that the Association can better serve you . Bear in mind that whether or not you use the dock or use the tennis courts , having that valuable property available to you significantly increases the overall value of your home . Many realtors value lake access at $10 , 000 alone . Boats and Canoes . Chuck Hirt and Chris Engel are in charge — of scheduling the dock for boat parking . As far as we know, the following families have boats to be parked at the common dock area - Hirt , Engel , Brown, Lewis , Booth , Blechta, Heer, Sorbo , Jamieson . If anyone else owns a boat that is not listed, please contact Chuck or Chris . We would like to have an accounting of who has canoes at the dock area . Canoe owners please contact Chuck or Chris ASAP . Dock and Tennis Court Security . It is imperative that we keep the gate area locked , especially if you are the last to leave - the area . Please try to enforce this , and if you happen to drive by at night or early evening and see the gate open , please stop and lock it . We need to protect our area ! There have been cases of minor vandalism, especially around the dock . We all need to pitch in on this ! Children are welcome on the dock to fish , etc . However, we - the Association assume no liability for their safety and strongly encourage life jackets TEr the kids . The water is only four feet deep but the muck is also four feet deep , and a child would not be - able to walk to shore ! ! Also , please advise your kids to absolutely stay out of, and off of the boats . We 've had some problems in this area in the past . We need your help in asking our neighborhood rollerbladers and bicyclers to not skate or ride on the tennis courts . We understand that the surface is ideal for skating and riding, but the wear and tear - on the courts is significant and greatly increases our maintenance costs . Please pass this along to your kids . New Board President and Board Members . Chuck Hirt is vacating his position as Association President which he has held for the last six years . We thank Chuck for his years of service to us ! The Board has appointed Chris Engel to replace him as President . Presently there is one Board position open which will be filled at the annual meeting next month . The present Board consists of the following : /,, Rev.CMM/9-23-80 Acta rn-art #Z CITY OF CHANHASSEN NON-CONFORMING USE PERMIT BEACH LOT - COLONIAL GROVE AT LOTUS LAKE AND COLONIAL GROVE AT LOTUS LAKE SECOND ADDITION This permit and agreement, made and entered into this /3". day of �,v` , 1991 , by and between Bloomberg Companies Incorporated, and Lotus Lake Betterment Association, Inc . , (hereinafter referred to collectively as the Applicant) , and the City of Chanhassen, a Minnesota municipal corporation (hereinafter referred to as the City) ; WITNESSETH: That the City, in exercise of its powers pursuant to M.S . Chapter 412 & 462 , and the Chanhassen Zoning Ordinance, hereby grants to the Applicant herein a non-conforming use permit to maintain and operate a private neighborhood association recreational area upon Outlot A, Colonial Grove at Lotus Lake Second Addition, Carver County, Minnesota (hereinafter Outlot A) , subject to the following terms and conditions , all of which shall be strictly complied with as being necessary for the protection of the public interest: Section 1 . Recitals . 1 .01 Prior Platting of Colonial Grove at Lotus Lake. Prior to the adoption of the Chanhassen Zoning Ordinance (Ordinance 47 adopted February 8, 1972) , the plat of Colonial Grove at Lotus Lake (hereinafter the First Addition) was filed with the Carver County Minnesota Registrar of Titles . Said plat included two outlots designated thereon as Outlots 1 and 2 . 1. 02 Prior Usage of Outlot 1 . Said Outlot 1 included frontage on Lotus Lake, and has, since the time of platting of the First Addition, been continuously used by the residents of the First Addition as a lake access, boat launching area, swimming beach, tennis - and recreation area; and as such constitutes a "recreational area" operated by a residential neighborhood association for which a conditional use permit is required under section 7 . 04 of the _ Chanhassen Zoning Ordinance. 1 .03 Status of Outlot 1 as a Non-Conforming Use. Because the establishment of said recreational area pre-dates the adoption of the Chanhassen Zoning Ordinance, said recreational area constitutes a non-conforming use, the expansion of which is prohibitied by section 20 of the Chanhassen Zoning Ordinance, unless _ a conditional use permit has been obtained first from the City for such expansion. 1 .04 Platting of The Second Addition. Bloomberg, as the owner of Outlots 1 and 2 in the First Addition, has made application to the City for the approval of the plat of Colonial Grove at Lotus Lake Second Addition (hereinafter the Second Addition) . By said plat, Outlots 1 and 2 in the First Addition are divided, so as to create 31 new lots and one new outlot, designated as Outlot A. Said Outlot A encompasses that portion of the First Addition which has been and is now being utilized as the aforementioned recreational area. Bloomberg means Bloomberg Companies Incorporated. 1 . 05 Conveyance of Outlot A to Association. Bloomberg, as the owner of Outlot A, has informed the City that it has incorporated the Lotus Lake Betterment Association, Inc . (hereinafter the Association) as non-profit corporation to which Bloomberg will convey ownership of Outlot A. Bloomberg has informed the City that neither it nor the Association will make any alteration of said Outlot A, and that said Outlot A will be made available the residents of the First Addition, and the Second Addition, and to the residents of so-called John C. Lovetang tract (more particularly described in the documents filed in the office of the Carver County Recorder at Book 83, page 23, and Book 84 , page 215) . 1 .06 Purpose of This Permit. The within permit has been drafted for the purpose of memorializing both those recreational uses which may be conducted by the Applicant upon Outlot A in the absence of the issuance of a conditional use permit and those activities which would constitute an expansion of the use of said Outlot A, and thus , require the Applicant to seek a conditional use permit from the City prior to any such expansion. 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 except upon the written consent of the City. 2 . 02 Release of Bloomberg. The City, upon written request, shall release Bloomberg from its obligations hereunder upon receipt of documentation which demonstrates 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 the benefit of all owners of lots in the First Addition, the Second Addition, and the above described John C. Lovetang tract. 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 Bloomberg shall have the effect of releasing the Association from its obligations , covenants, and agreements hereunder. 2 . 03 Rights Under This Permit Not Expandable to Other Owners . This permit is issued for the benefit of the owners of the forty-one lots in the First Addition, the thirty-one lots in the Second Addition, and the one homesite in the above described John C. Lovetang tract. The Applicant agrees that the use and enjoyment of Outlot A shall be limited to said owners . The use and enjoyment of Outlot A 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 -2- Rev.CMM/9/23-80 _ interest, in the whole of any such lot or tract, including authorized guests and family members of any such persons . In the event that the above described First Addition lots , Second Addition lots , or John C. Lovetang tract are further divided - subsequent to the date of this permit, the Association shall not extend usage rights to the owners of the resultant parcels unless a conditional use permit for a recreational area shall have been first obtained from the City Council. 2 . 04 Description of Property Subject to This Permit. The premises subject to the within non-conforming use permit are described as follows : Outlot A, Colonial Grove at Lotus Lake Second 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 .05 No Alteration of Outlot A. No portion of Outlot A shall be developed, altered , or disturbed in any way, except after first having obtained a conditional use permit from the Chanhassen City Council for any such development, alteration, or disturbance . For the purposes/ of this permit, normal maintenance of the existing cw� /u wol- cd foot dock and the existing tennis court and other existing improvements , normal maintenance and routine mowing of existing improved lawn areas on Outlot A shall not be deemed to be an alteration requiring issuance of a City permit. 2 . 06 Swimming and Picnicing. Outlot A may be used for tennis , swimming purposes and picnicing purposes by "owners" as that term is defined in section 2 . 03 above. 2 . 07 Buildings . No buildings , ice fishing houses , tool sheds , or tents may be erected or stored upon Outlot A. 2 .08 Mooring Buoys . No mooring buoys shall be placed upon Outlot A or in the waters adjacent to Outlot A. 2 . 09 Airplanes . No airplane or seaplane shall be driven upon, taxied upon, or parked upon Outlot A. No seaplane shall be moored in the waters adjacent to Outlot A. 2 . 10 Swimming Platforms . Neither the Applicant nor any owner as hereinabove defined shall erect or maintain any swimming or diving platform on Outlot A or within the waters adjacent to Outlot A. 2 . 11 Certain Structures Prohibited. Except for the construction - of a chain link boundary fence not exceeding five feet in height, no structure may be constructed or erected upon Outlot A. No docks , piers , boat racks , or canoe racks shall be constructed or erected upon Outlot A or in the waters abutting Outlot A. 2 .12 Camping Prohibited . No owner , as defined hereinabove , or other person shall camp overnight on Outlot A. -3- 2 . 13 Motor Vehicle Parking. No motor vehicle or trailer shall be parked or stored overnight or on a permanent basis on Outlot A. Section 3 . Miscellaneous . 3 . 01 Severability. In the event any provisions of this permit shall be held invalid , illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 3 . 02 Execution of Counterparts. This permit may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. 3 .03 Headings. Headings at the beginning of sections and paragraphs hereof are for convenience of reference, and shall not be considered a part of the test of this permit, and shall not influence its construction. 3 .04 Proof of Title. Upon request, the Association shall furnish the City with evidence satisfactory to the City that it has acquired fee title to Outlot A. 3 .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, 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. 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 Bloomberg: Bloomberg Companies Incorporated 551 West 78th St Chanhassen, MN 55317 To the Associa- tion: Lotus Lake Betterment Association, Inc. c/o Bloomberg Companies Incorporated 551 West 78th St Chanhassen, MN 55317 3. 06 Owners to be Notified of This Permit. The Association shall furnish each of its members with a copy of this permit within thirty (30) days of any such member ' s initial membership in the Association. -4- 3 . 07 Term of This Permit. This permit shall be perpetual. Section 4 . Enforcement Provisions. 4 .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 §3 . 05 above. The Applicant ' s reimbursement obligation under this section shall be a continuing obligation throughout the term of this permit. 4 .02 Legal Proceedings . The City may institute any proper action or proceeding at law or at equity to prevent violations of the within permit or to restrain or abate violations of the within permit. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on this rs = day of LL,4,,c- 19 dt . BLOOMBERG COMPANIES INCORPORATED LOTUS LAKE BETTERMENT ASSOCIATION, I C By 74a^"' '�" 7 g , By 71 u�i�t r�-/,f /7 its -- its iej. ,_ t--- ,, And And ' �`rr its j/ fr. its /./, e, CITY OF C ANHASSEN / , / By /,e=7,,--,;4 =%; v its 'Mayor _ ATTEST: / 1 CI(1 - City Manager STATE OF MINNESOTA) ? os ) ss - 1 w COUNTY OF �'' ��'�� ) U > 'Li ; Di °L. On this (S= day of tiu�c 191 , u6 - before me , a notary public , within and for said County, personally 2 e J P z appeared {{ eta u - ►� l eo w and w. /1� . �L1� IL��fr;� Zz ' Y to me personally known, who, b in� each by me duly sworn did say z < ,<, " < ? that they are respectively the , r-e ci cl<..-.'�- and U' e 14e s;c1 - si -' oP, of Bloomberg Companies Incorporated, and that said instrument was -----1, signed signed in behalf of sai corporation by authority it its Board of - 6 Directors , and said 4- N. (4)f,6av--4-.-- and lt,,. rLt - it ` /1x)i =j` ' acknowledged said instrument to be the "tree act and deed of said corporation. ati,..,K_a_ ,7 ft13i-7 Notary Public STATE OF MINNESOTA) ss COUNTY OF QA VWE&- ) On this is" day of A,(-I— , l981 before me , a notary public , within and for said county, personally appeared (uf(c,„ 6_ C 1 -jkq . and 6.5 . 44 , AkS ►2.43)-}t=e ► to me personally known, who, being each by me duly sworn, did say that they are respectively the 14ii-c_s,c1-•.+•q and :d of Lotus Lake Betterment Association, Inc . , and that said instrument was signed in behalf of said corporation by authority of its Board of Directors , and said GLAN4.....G.re l.--ACH and /Ai - 1u . 11,1C ✓(a ..e acknowledged said instrument to be the free act and deed of said corporation. y, 1► n1� P Notary Public LEANNA M. FORCIER STATE OF MINNESOTA) CARVER COUNTY NOTARY PUBLIC-MINNESOTA ) SS MY COMMISS'ON EXPIRES FEB. 18, 1998 COUNTY OF On this / day of , 19f / before me, a notary public within d for said county, personally appearedTanHarailton 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 in behalf of said corporation by authority of its City Council, and said Tom Hamilton and Donald W. Ashworth acknowledged said instrument to be the free act and deed of said corporation. C; /\/414-44) . KAREN J. .. LHARDT 'otary Public '4NESOTA �� CA _c= Cr,.;NTY `'i1 '• my Co ...as r+ t.•. -_..1 II, 1985 -6- 8-13-80 Chanhassen Planning Commission Minutes - page 4 The Planning Commission encouraged the applicant to proceed with — his plans and recorded no major opposition to the proposal at this time . DISCUSSION , FINAL DEVELOPMENT PLAN , COLONIAL GROVE II , BLOOMBERG COMPANIES , INC . Mr . Waibel introduced the subject item referencing the proposed Development Contract and noted that the proposal is unique in that it does have parcels in the proposed plat which are immediately developable. Mr . Craig Mertz explained his letter of August 8 , 1980 , referring to the Beach Lot Covenants and Restrictions . Mr. Mertz stated that the Covenants appear to be in order although they do not specifi - cally talk about over-night parking , over-night storage of boats , or erecting structures ; however , it was explained that any changes requesting any of the above would be required to under-go a public hearing for Conditional Use Permit . It was additionally noted that the beach lot in question has been established for some time and has been used by certain homeowners within the Colonial Grove 1st Addition . Mr . J . Thompson moved the City Council accept the Development Contract as drafted with the provision that the Lake Study Commission recommendation for Outlots be included in the Restrictive Covenants and/or the Development Contract for Colonial Grove 2nd Addition . Motion seconded by Mr . M . Thompson . All voted aye . Motion carried . Mr . J . Thompson moved that staff document an inventory of structures on the beach lot in order to determine any intensifi - cation of usage brought on by Colonial Grove 2nd Addition . Motion was seconded by Mr . M . Thompson . All voted aye . Motion carried . DISCUSSION , OVERLAY ZONING CONCEPT FOR DOWNTOWN REDEVELOPMENT PROJECT . Mr . Waibel had informed the Planning Commission that Bather- _ Ringrose-Wolsfeld (BRW) has submitted a proposal for a work plan to accomplish the subject item and that a similar approach should ultimately be carried out . LAKE ANN BARN PROPOSAL In discussion , the Planning Commission discussed the placement of a pole barn in Lake Ann Park and had no objections to such . Council Meeting September 22, 1980 -3- REVIEW PLANS AND SPECIFICATIONS, PUBLIC IMPROVEMENTS, CHRISTMAS ACRES: Dale Hamilton, Suburban Engineering, and Brack Ward were present requesting that the Council delete the requirement of looping the watermain through Christmas Acres because of the cost involved (approx. $16,000) . Councilman Geving moved to deny the request and that the Council reaffirm the position that there will be a looped watermain frau Pleasant Vice Road through Christmas Acres back to Pleasant View Road as prescribed in the development contract. Motion seconded by Councilman Person. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Geving, and Swenson. NO negative votes. Notion carried. DEVE OPMENT CONTRACT APPROVAL, COLONIAL GROVE SECC D ADDITION: Bill McRostie was present to discuss proposed changes in the development contract. RESOLUTION #80-36: Councilman Person moved the adoption of a resolution approving the development contract for Colonial Grove Second Addition as subnittei in the September 22, 1980, Council Agenda with three amendments. 1. Page 3. That the amortization period for the 1980 special assessments be eight years. 2. Page 4a. That Option #1 on the letter of credit expiration date be selected. • 3. The developer may apply for letter of credit reductions on a semiannually basis as reductions in the unpaid principal balance on the 1980 project assessments occur. Resolution seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilmen Person, Geving, and Swenson. No negative votes. Motion carried. Councilman Pearson moved to approve the non-conforming use permit for Beach Lot - Colonial Grove at Lotus and Lake and Colonial Grave at Lotus Lake Second Addition as submitted in the September 22, 1980, Council Agenda with the addition of tennis court in section 1, subsection 1.02. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Geving, and Swenson. No negative votes. Motion carried. SATELLITE FIRE STATION: The Miller's have presented a counter offer of 1.1 acres, instead of 1.5, for an amount of $27,500. The Council directed staff to present $27,500 for 1. 5 acres. BILIS: Councilman Swenson moved to approve the bills data? September 22, 1980. Checks =12008 through=12083 in the amount of $692,874.51 and checks #15628 through #15730 in the amount of $227,925.02. Motion seconded by Councilman Pearson. The folloxing voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Geving, and Swenson. No negative votes. Motion carried. EIDE FILL SITE: Mr. Eide is not happy with the job that was done in taking fill out of his property at Lyman Blvd. and Lake Riley Blvd. Staff was instructed to meet with Mr. Eide and explain that the design for the reconstruction was drawn by the DNR. Staff, DNR, and Department of the Army have inspected the site and have approved it. MERLE VOLK PROPERTY: Mr. Volk will appear before the Planning Commission to ask if they would entertain some sort of zoning amendment for his property on Galpin Blvd. Councilman Pearson moved to adjourn. Motion seconded by Councilman Swenson. The following voted in favor: Acting Mayor Neveaux, Councilmen Pearson, Geving, and Swenson. No negative votes. Motion carried. Meeting adjourned at 12:00. Don Ashworth City Manager _____-- . 1CITY OFHz � 1 .-- ,(/ CHANHASSEN ...r---------, t 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 April 23 , 1984 ktt -iVe-: MA,4,, ` No Mr . Charles Hirt, President CITY ofcL, :r Lotus Lake Betterment Association 7007 Cheyenne Trail Chanhassen , MN 55317 Dear Mr . Hirt : This is to formally notify you that the City Council at its meeting on April 16 , 1984 acted to approve the Beach Lot Conditional Use Permit for the construction of two canoe racks on outlot A, Colonial Grove Second Addition , as presented in - planning case 84-2 CUP. Attached for your information is the copy of the draft Conditional Use Permit . The actual Conditional Use Permit will be delivered to you as soon as it is signed by the Mayor and City Manager . I have verified with the Carver County Recorders Office that on April 4 , 1984 , outlot A of Colonial Grove Second Addition was - conveyed to the Lotus Lake Betterment Association from Bloomberg Companies , Inc . Should you have any queMtions or comments , please do not hesitate to contact me . Sincerely , .//1-2,. /Z..ij: Bob Waibel City Planner cc : Don Ashworth Scott Martin CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES , MINNESOTA CONDITIONAL USE PERMIT 1 . Permit . Subject to the terms and conditions set forth herein , the City of Chanhassen hereby grants a conditional use permit for : The construction of two canoe racks having a storage capacity of six canoes each, to be located as shown on the plans in Planning Case 84-2 CUP. 2. Property. The permit is for the following described property in the City of Chanhassen , Carver County, Minnesota: Outlot A, Colonial Grove Second Addition. 3 . Conditions . The permit is issued subject to the following conditions : 1 . ) That the applicant constructs the canoe racks in compliance with the plans submitted in Planning Case 84-2CUP. 4 . Termination of Permit . The City may revoke the permit following a public hearing under any of the following cir- cumstances : material change of condition of the neighborhood where the use is located; violation of the terms of the permit . 5. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: CITY OF CHANHASSEN — By: Its Mayor _ By: Its Clerk STATE OF MINNESOTA) COUNTY OF CARVER ) — The foregoing instrument was acknowledged before me this day of , 19 , by Thomas L. Hamilton, Mayor , and Don Ashworth , City Manager of the City of Chanhassen , a Minnesota municipal corporation, on behalf of the corporation. Notary Public 1 City of Chanhassen Carver and Hennepin Counties , Minnesota In the matter of Chanhassen Planning Case : 84-2 Conditional Use Permit Owner: Lotus Lake Betterment Assoc. pplicant• Charles Hirt, President Street Address : P.I .N. . Legal Description : Outlot A, Colonial Grove Second Addition Purpose: To construct two canoe racks having a capacity of 6 canoes each on Outlot A. Zoning District: R-1 Single Family Residence District The above entitled matter was heard before the Planning Commission on March 28, 1984 and up for final action before the Chanhassen City Council on April 16 , 1984 The City Council ordered that a conditional use permit ( c-b) be granted based upon the documentation contained in Planning File 84-2 Conditional Use Permit . State of Minnesota ) )ss Carver County I' City Planner for the City of Chanhassen, do heresy certify that I have compared the foregoing with the original record thereof, and have found the same to be a correct and true summary thereof. Witness my hand and official seal of Chanhassen, Minnesota, this _ day of 19 Chanhassen City Planner NOTE : '44; R4ct _ .v, 1 . -,•wP SAt+cw - `'--• 4 v I_ _ - .4, , - =• 2• e‘44 add -h �.,` �so FEET '7'N•41 �0 �0. y - ♦ �� ••1 1 ,0.`i."/yd > /,i X63. - (s,9 Vis;._..ahC 4'e„. Rep,- • Cw0ERACKS +'S' i ,.. I i 't' r v 6 Zo••'C, ,},.,p1-\S . ✓-'-9,y . el < � -k- 1 S $ s TLOT A .' - - I : �15;1 ' TS 3k Set srTg G K 4g4"-%`:.:.c., ,\� 't'zo.4� Vy,,5_- s �. ,� ,+v 42.s."---• I /• Iam) L� r>zn•rte♦ to\\ I17. � iii,R•/9i.5�'v9. \��S �ry �� SMO ��S .ssyl U MQ-»w-,Y,vri,bu ♦'\” 44 p4 t n`(; �. 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L,.-i' t .1•r sj;GUS . • �+ D��1n/- I ��0 I o �- I 4 \ GE AND UT/L/TY pnjR 61 .� 9 0 hh es. ??5 n 1� n- �ap�� -5 AR& SHOWN TAUS : !vry • co ^�°ocip IO \ F 4' 45 �I I _ I I _ e,4,ss .-'.4•• 4. „ Y 4.1 V I__l___ •• „,....—_. - FEBT IN W/t 7'-1 '4f'�c,AWE-S /V 88'Zo'w I 1Z9. �1 1c. 4 6' , V- I "O/N/NG I?/GJfr of WAY �� d. /;` c8: b • �t v I ct .55 OTHERw/SE —��o�• , \ s. .47 12 , I li ,, A S 6NOWN ON \'s',p ` \ ? 1� •9 1 t • z 5 I •. 13 �E PLAT. •.1 -Ii.Is., \ 28 �� . nII • \ ��s; \s`, `p ' ' ,ss » '•K— 7DP NUT HYDRANT AT I I I R OF SANDY HOoc ROAD L \ '•> 1 '%3O_se•J !! . Hwy. NO. 101. ELEVr4329.12FEET. Q�s39� •/4S.G8 - \.e3'4e1' ...=�.. I Attachment #2 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Planning Commission FROM: Kate Aanenson, Senior Planner DATE: May 27, 1993 SUBJ: Schmids Acres Non-Conforming Recreational Beachlot BACKGROUND This item was originally heard this item at the March 17, 1993 Planing Commission. This item was from the City Council agenda because of complaints that not of all lakeshore owners were notified. Notification was attempted for all lots included in the original Schmids Acres and Lake Minnewashta riparian owners. At the March 17, 1993, the Planning Commission recommended approval of the non-conforming beachlot for Schmids Acres with the following level of use; 10 off-street parking spaces, 1 dock with 1 boat allowed to be docked, 1 canoe rack. and 1 boat to be stored on shore. SUMMARY The Schmids Acre Beachlot dates back to 1914, when Schmids Acre Subdivision was recorded. There are approximately 25 lots in the association. The beachlot is 13,000 square feet in area and has 50 feet of lake frontage. The beachlot does not meet the minimum requirement of 200 feet of lake frontage, nor does it meet the 30,000 square feet of area. A survey of the beachlot was done in 1981, and it showed that there was one dock, 45 feet in length, and 1 boat on the shore. There were no boats docked or moored at the beachlot. The association is requesting continued use of the dock with 1 to 2 boats being docked, one canoe rack, 2 boats being stored on land, and continued use of the parking at the beachlot. The association is asking for a level of use greater than the level of use in 1981, based on the «t PRINTED ON RECYCLED PAPER Schmids Acres Beachlot May 27, 1993 Page 2 inventory done by the staff. Adjacent to the beachlot is a creek that is under the jurisdiction of the DNR. The beachlot is proposed to have a boat launch. It appears to staff that there was not a boat launch in 1981. Gary Carlson, a member of the association, has stated that when the City secured a utility easement through the beachlot, an agreement for maintenance was given by the City. The Engineering Department has stated that there was never an agreement to maintain the beachlot as part of the easement acquisition. Ken Durr who is a member of the Schmids Acre Association is opposed to the granting of the non-conforming recreational beachlot permit. Through his attorney he has provided a letter outlining the reasons why the non-conforming permit should not be issued. Three additional letters from members of the Schmids Acres have been provided to testify as to the level of use of the beachlot. The Gary Carlson association is requesting continued use of the dock with 1 to 2 boats being docked, one canoe rack, 2 boats being stored on land, and continued use of the parking at the beachlot. Ken Dun who is also a member of the Schmids Acre Subdivision is requesting that the non-conforming beachlot not be issued. ATTACHMENTS 1. Staff Inventory of Schmids Acre Beachlot. 2. Schmids Acre Beachlot Application. 3. Letter from Friberg, Carlson and Gelschus 4. Letter from Tom Owen dated May 27, 1993. 5. Public Hearing Notice. 6. Planning Commission minutes dated March 17, 1993. r A � , q� AI/M{EIKASWTA PAIS ghEZ'HTS PARK C I T 1 . IIIII , Ill __ ...f* ir. - ..�. .� I —— m. _tel ice-, LAID t�1._�--CO !gi 111‘ als if"ti igglIVPILTIU ' ono IR �. �NW r "°°. �, �"A• ,;•::� �� r��►► � �� *k.� %liar s400 �' �mgrit_di!. it-,tom::**--t:�C{ '�f s i -I WARM:��' .. .7.-2,41/ Rtl� %% Kir*�,ai J � ''��\■■��'ll`\�1� ..� / mall " =.47.717ELD .��.il�2- ...,.... I • �� PARK ��At. �'aa"ri rn` , s �--�/ il eAm 4k mi ... . / , LA/=ffanz MN C I. 14, '•'111100 , LAKE "- t T ./A-Kat• / M / N M £ W A S M T A \1 �>,oo ,// 1111111=lt: r(.. \. RESIONAL _ (/ :/ 7000PARK ,c111, 1P111 )114-1 -iiyi‘' ?I 0.0 (c.tL� T fal 47 114 ti., li ice_ tt� a 7200 0 6. � 'L=f-,,V. /i-- - . Irill 7300 u .,.. ':� r \'•, 0 1r __ Ar.,..,T lrir�AA_MO liPar i,P, � 6i 1..=Wit NM' acizi l u..- _,, : ,mi.nri. _ 7600 �•i.- .'` .>. rA: - 64 I 7700 . Q 2" I S000 I T - �p ■ w MOO ellek:' • . .I.� ,,,IRS_ .°.° ' � A1r E. . 1 mo Z LTJEll a NON-CONFORMING RECREATIONAL BEACHLOT PERMIT SCHMID'S ACRES ASSOCIATION Planning City Schmids's Acres Association Commission Council 1981 Survey Request Recommendation Approval — MarchI-li1493 Lake Minnewashta Number of Lots 25 Size, square feet 13,000 Shoreline 50' Motor Vehicle Access yes yes yes Off-Street Parking 5-6 10 10 Boat Launch None yes no _ Buildings None Seasonal Dock 1 at 45' 45' 45' Diagram Canoe Racks None 1 1 Boats on Land 1 1 1 — Boats on Dock None 1-2 1 Boats Moored None not requested Swimming Beach Allowed by ordinance — Marker Buoys None Swimming Raft None Miscellaneous RECREATIONAL BEACHLOT INVENTORY 1981 1986 1991 Schmidts 8 homes Lake Minnewashta 13 , 000 sq. ft. 50 ' width of shoreline Motor Vehicle Access yes yes yes Off-Street Parking no no no Boat Launch no no no Permanent Buildings no no no Setbacks Temporary Buildings no no no Portable Restroom no no no Picnic Tables no no no Grills/Campfires no no no Seasonal Docks 1 1 1 Approximate Length 45 ' 45 ' 45 ' Canoe Racks no no no Boats on Land 1 no 1 Boats Moored no no no Boats Docked no no no Swimming Beach no no no Marker Bouys no no no Swimming Raft no no no Comments: poorly poorly poorly maint. maint. maint. CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 NON-CONFORMING RECREATIONAL BEACHLOT APPLICATION HOMEOWNERS ASSOCIATION: S k m i T!s A L r c 1 1-- c-Ts \ \,-, e ; rs 0..vc5 Ass A CONTACT PERSON: cx- 4r-y C 0. Y--I S o n/ ADDRESS: 3 F 3 1 tJ 6 .2, "u a 5 / TELEPHONE (Day time) (17 (0:35L/ TELEPHONE (Evening) : Please provide all requested data consistent with what existed in the summer of 1981. 1. Number of homes in the Homeowners Association 2 . Length of shoreland (feet) 3 . Total area of Beachlot (in square feet) • 1 3, DCC Su f7 4 . Number of docks 6 . Length of dock(s) L� n — 100 for r o )(- 7 . 7 . Number of boats docked / Ery 8 . Number of canoe racks 9 . Number of boats stored on canoe racks I 10. Number of boats moored i.e. canoes, paddle boats, sailboats. A) Q A) 11. Number of boats on land 1 O- a 12 . Swimming beach Yes A No Buoys Yes No 13 . Swimming Raft Yes No A 14 . Boat Launch Yes ( No 15. Motor vehicle access Yes X No Number of parking spaces 0 — / 0 � e p r k 16. Structures, including portable chemical toilets: A) oA) • Worn Rs•iilnicl , Jewel/Siycif✓uT, '/a e, .r.Mil/r, know /7e .Zoairre a//i»ee 4 f�ese�rlJfniJ,An'NC,/Y//an,Sc'.ii,.,i1 Eva c$'-ya fli,,w ! /c'r, Nerar:! tih„,n. J,ose ( /6bn, n,,. YS.'i„ d � S.,4rr,e/A/o",./, n,,./. L4.ui3 E n/z,,,, hliier.„. eresa Ylann„ Enic/enzrw ;-.conA=,..nitOe, m,a,, //o C, ,, L tln[t Zc I/IR' /Wane?, Owners in fee sii'ipk of74c//..8ei/eclrt/ Sc/frnid E.s7/a%,Eery tie direcflier'rs nclnred 1;7 fide/ri//of — -. Me Said,encdre/ScA ,4mid, 'ece 'sed)as s/iown 4y hie c -/tete/eL an. �/e .::de/Ieco•.Cv c,'- ce of Carver Ca/17.47.n..',„ have caused.05e same 4.le scvveyed .rnd,o/u//ed ti, Acre Tract's '' to 4e /non.► ac iic/raids.,1 ere Tach:de.rc,/ ed as fc//vw.r.,.Be.7in,r,iy cai,:c"wrni or. //e at-chile; Linc %VA.f/u.odred ernd/or7y ey/j/(641rJfeeh Fad-el'de/Yorfi per: c: • 'e-orae Chi,+.;• T//6n;,y23/r. oiede a4 o /Drinc//�oar//1eraliaa://,once Easf 4z/o,15,/e cen<ci-of /so it d1joale'(7// )/c'c/ m /a / anyk',h _ acCic6/food:dente soa/Yr /6 deyreev alrarene rrrin,ni r.csr(oso�)reeet /.7/ix ce,i/tr op rse/f7innei/is c's Glencoe Road: dente seal,{•2 aej•reesandps-ininU.I4r dr.et,' (/9,I)ftd ala ff cenler,o-fsa 'd u , Ro ”:/fence ..$'0.4..$'0.4/a 4,-ees and2.P.hiq,t/es East' (6.:3-3")fee/7b La e/1/in,rcwtcs/i/u:thence IJo4,/9 cleyreer &net — ief.rnina/es/yes/ !-TTJ'ie)fee/ a/airy sail 2.4e-Aare:Tlic.rer.rorti •i2 degrees ,res.'///SP,L) feet.lienee I / Ives/(6412, fee//0 4 tfec4vn Linc 6cireen Sees.-ranee : /lienee,v.-//,.1,4:7 saki Sec./,,e(6/S)fed ib isle i .5 %e2.5/erly bcs/polka line of de AI .s and 'LA.. R Ny,ff of.r y : /hence, NO,./..4 'S'.9 ciey eccs Fart a/ely Said A,9/i/ofry Lou,sday6'69)ice/fe/he sow /ine of 7.s rod Toad: r`/care h'o,/•i(if) fee/71755e seens., /4'e anti plate el'.6errirrin9 and nee/Sare.y oled,'cd/s i`/ie Roads a,ael care..a Ty, - /a l+ac6l;e ure {or eye,' /be-'dime NJ sAo...n on?(e.eteo,•�....y,:y,�/61al. /IT deserve fol de fr„rak^tore of/1ie..4eirs -t,,..t 7.`ca,r e..rf&ns a, s/rJjb of la:we A/7), 7 wide a/wry hi, /vesk.y�ooaurc ,et7'e//uiy srim71(e G/eneo8 /d L4Ae Af ,nen•.zsI/a and marked Ae4erve On /At Qeeo,.�n.y:.y cc/: :n wi,iesr o////+ese i,rese,ds we /,ere✓„/o at.' Oar., /4ana s elite( a'cabJ. . _ f'YI_T/v. ..s.r,1.1._ _ - - - - - - - - - - _I - - -- - - - - -- - - - - - - - - - • ')i.-‘1,44Z-4-,--k."-S-7-C-• +":.::' a. `,7 C-• '- - - - - - - - .- -C1--4A-D r- .: •- --1�`..Cy—� /• -'.u'!ir — - EA — L sr ` .— �. .. —�� _ —LF—) �r An a6r - • - 4.r-..c.ai-G •.l%1.L--L•i - - e), - �1 .,r. /i //‘•a-kY'^• - - - - �.EA _ .. ._a/6”. z. -- __ .i,y, — ' - i1- V• `..µe�G...,✓j!c.L:_.tLiv_Ssf7 .c.,..-r -) _ .-_,v' - -- - _Q"(211 -.-. - - - - ,_ ` - - - - - `}..' .A_ - - - -/,L`.•_..- 'i ,-�,-_, ,1,-.-L - - aiA�i 1 41J�1,L _J.. - t_. _ - 12EA - - - - - - - - - - - E,o - - - - - AL - - - - - i! a..t.._a . crii,enn.,- — - EAC t _ ,z _ _ _•1_ - -- - _14st-L ..3 _ . . . STATE or M/NNESOTAlSS• COUNTY orriENMCP/N)- - On I/7 Q day off_ *-J---a9.D./9/1/,6e%cr me, et Na/ury Pu6Ie 1,1 and for said Couniy,lraersonce//y afloeceredl de/vet...cans cQescr/ecce in and i��v executed the /^reyolny ins/rulnrn/ erred ackois/edy,• said execution /o:ie /Meir lee ac/ anti - deed._ -- - - - . . - - - - - - , .. - - - . - -- -• . - - .NOTARY .'PUBL/C-- _ _ ___. / Ae.t A ter/ity Ad//o✓c' JurrsTyed ante,e et/.:e hie /and descri/el in //n2 /Greyai'lf — • , 1 -!./......./.•,..,,/,',.. inkcore reec6-. mown as /O/., and /heSame are /.un.,)�rrea' co/nee,.>i.el f., .'.... "....21'711of nctpel4 A — 5 1 ROY W. WASSOMJ el•kb..0 , 8K 91, P 422 /4" \ \Ø B27J0• �• 9WILl1Ascb'IC— ` cr " 1 0,► it..`4,a 125 — 6 Ml1y '�r7 3 2 1 — c? ' � Knar. �Ca�T�at S q s•r 916 EL,a, ,..--- \, woo , IA ,t 13 ' S 7 ---- • .f o. _ ! III so 12 a 7 % 5 4DOW `''. -°'':,a;+ SCj�`' U � ..i! • r LE �` 9 10 �-' r to •. • 6344 • WEST _ I KENNETH DURR N .e 125.P214 532 i Shofe,rQOE Ooks Oeveiopmont,Inc `. CT F. No. 18592 ` � l 's CTF. No. 19865 6'C° 2 I t� _ / 7,./....„,...2( W ,2 ez.„........./. ,oOp Aa.. t KIRK* I I 4z7 e 2s • le I 111W1 3 _ I C/NcLe. a : I . ill; .g i IK....u'. / Q .1 1 eyieitto ADD. t 2k, 7 is I• • MINNEWA_ CRE'• —'' I % — 2 iii(ESLEE tol ' 11 .cCJ FIRST I,• l \, :F ail_ 2 4 - \.. ,s, �l 2 I / 1 �.. - IBZHIBIT C 1 • _ '4 — I'` , r ' Tim 4/4? i/T Mort} r 7: -\ 2,7 rc J92.7� ',,, rnrnafr its Nem* et. 6 : ; ; 4 r,. a4 /ei , Tie /laii• b4 4 '' • % 2 Kr•ho ' ••1 p1 lel .S' • . / h -./ • lot a .% r2,.ts •e , — A ISA Jut [Apt From ‘ of ,t jJJ.J 4 T A I' — Lot 8 er„ s,/ t. F b ti so i at 7' 2k1e.9 '�•�,',� Rp�o eh, I ,12 ? / 22o.'V 4ap f 64 • Lot 2 ' SCRMID'S ACRE TRACTS 1113 :1/44 v. ov — 1 i '7 Lei l : \ ! / se i — i • • EXHIBIT B 1 1 4- 14-93 At Ge2schus 5255 B'yantwood D'. #308 Maple PLa.i.n, MN 55359 — To Whom £t May Concern: My w.ibe, chitdnen and I bonme'1 y nes.ided at 3841 Church Road .in the Schmidt Acnes area ob Chanhassen bon nean.ty 30 yea's . The easement bo' that area was a/ways used by us and others bon many necneat.ionat activities, .i,nctu- d-ing £aunch.ing 06 senate boats, canoes , etc. We enjoyed — 'a.i.s.ing our Lam.ity .in such a beaut.ibu.t, nec'eat.ionat a'ea. It would be a shame to change any use ob the easement a'ea now due to past p'ecedence. We miss the — Chanhassen area and wish the best to all who cunnentty 'es.i.de there. Since'ay, — (1- Al Gets chus fv\ v -(so,�. Y 7 �f X35 _ . � 9� ( w � � � 5 � C' i-1 >c 0/ \r,_ CA.7 7( \--No.A.,:\A&55 eA .� ��- s -z.� � -� s)o.v it /NAL< 7-A • ��t /CL-c( �T� G'l1i� ,„? c/ / 543 _ C 4 _ �_� • V C F °1 C 0 • c i e-4447 -11Z-e"77 foi4 ,9/2,ca, 41.04,x; _ ri244, _ 7 7--t41, c 22+t -, je.;z4,,e ��J/ y 1/1cC• 5531 L� V i95-9 to � 87. iLea 1 CG!�- 4 ,� r / � Ac-a-t-sv7 "arc C t ► it 0 11 c_ i s4 o ) • 04 411 L _ 5- 90 22. AAlw-e 72741 . _5-53‘g t.z bac ‘.sq THOMAS L. OWENS ATTORNEY AT LAW ONE FINANCIAL PLAZA, SUITE 1512 120 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 53402 VIA FAX TEL. (612) 338-2910 FAX (812) 332.8515 May 27, 1993 City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 Attn: Senior Planner Kate Aanenson City Attorney Roger Knutson Planning Commission Members Re: Reservation/Easement in Plat of Schmid's Acre Tracts Application by Gary Carlson for Nonconforming Recreational Beachlot Permit Dear Ms. Aanenson, Mr. Knutson and Commission Members: I represent Ken Durr, the owner of Lot 1, Schmid 's Acre Tracts. Mr. Durr and I will appear in opposition to the above Application at the Planning Commission hearing on dune 2. The purpose of this letter is to outline Mr. Durr's position for your consideration before the public hearing. First, some accurate background information about this supposed "recreational beachlot" is essential . The children of Benedict Schmid platted approximately 69 acres on the northwest shore of Lake Minnewashta in 1914 , nine years after their father's death. The plat consisted of eight large lots and was named Schmid ' s Acre Tracts. Attached hereto as Exhibit A is a copy of the survey from the plat. In the southwesterly corner of the plat is a 50-foot-wide strip of land designated "Reservation. " This parcel is alleged by the applicant to be a "recreational beachlot" for the use and benefit of owners of lots within Schmid 's Acre Tracts. The Schmid heirs stated in the plat that, "We reserve for the private use of the heirs and their assigns a strip of land fifty feet wide along the westerly boundary, extending from the Glencoe Road to Lake Minnewashta and marked Reserve on the accompanying plat. " This language appears to be an attempt to create an easement benefitting the owners of the eight lots in Schmid 's Acre Tracts . Unfortunately, to the best of my knowledge, there is nothing more in the Carver County real estate records to help us determine the rights, duties and identity of the easement holders. City of Chanhassen May 27 , 1993 Page Two Attached to this letter as Exhibit B is part of a 1991 County half-section map showing most of the subdividing in Schmid 's Acre Tracts. In addition to satisfying the requirements of Ordinance No. 163 , the Application seeks City approval of the use of the Reservation as a recreational beachlot by the new owners of the 16 lots in Minnewashta Meadows. That 1989 plat subdivided Lots 3 and 4 of Schmid 's Acre Tracts. Whether the Reservation was intended to accommodate such intense use is a difficult question. As you can see from the map at Exhibit B, the answer to that question will set important precedent for future subdivision in other Lots in Schmid 's Acre Tracts. Viewed most favorably for the applicant, the Reservation is a substantially nonconforming beachlot. City Code Sec. 20-263 requires 200 feet of lake frontage for a beachlot, an area of at least 30, 000 square feet for a dock, 80% of benefitted dwellings within 1, 000 feet of the beachlot and appropriate buffering to insulate nearby properties. The Ordinance also prohibits boat launches, as well as boats and oars from being driven or parked thereon. The Reservation has 50 feet of lake frontage and roughly 11, 550 square feet of area. All but about four of the dwellings to be benefitted are more than 1, 000 feet from the Reservation. The Application requests motor vehicle and boat access, 10 parking spaces, a boat launch and other improvements, and makes no mention of buffering. We oppose the granting of a nonconforming recreational beachlot permit for the following reasons: 1 . The uses of the Reservation proposed in the Application are extreme departures from historic usage and require one or more variances. (a) We will supply one or more Affidavits at the hearing regarding historic usage (and nonuse) . (b) See 30 aerial photos of this part of Lake Minnewashta covering 25 years which Mr. Durr will provide for inspection at the public hearing. These photos show a dock installed on the Reservation in only two years, fail to show any other use of the Reservation, and show a large tree trunk lying across the Reservation in some years. (o) Under city Code sec. 20-71, "Except as otherwise provided, nonconforming uses shall not be extended or enlarged. " City of Chanhassen May 27, 1993 Page Three 2 . The Applicant has failed to provide "satisfactory proof concerning the nature and extent of the legal nonconforming use as it existed on or before January 18, 1982, " and since then. City Ordinance No. 163, enacting City Code Sec. 20-79. (a) This is the Applicant's "burden of proof" under the Ordinance and should require him to present detailed and credible evidence of continuous nonconforming use of the Reservation by the owners of Lots 3, 4 and 6 in Schmid's Acre Tracts. (b) City Code Sec. 20-73 (a) provides: "In the event that a nonconforming use of any building or premises is discontinued or its normal operation stopped for a period of one (1) year, the use of the same shall thereafter conform to the regulations of the district in which it is located. " (c) Minnesota Statutes § 394. 36, subd. 1, states: Any nonconformity including the lawful use or occupation of land or premises existing at the time of the adoption of an official control hereunder may be continued, . . . but if such nonconformity or occupancy is discontinued for a period of more than one year . . . any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. (d) In csalarry v. sPate on, 469 N.W.2d 467, 470 (Minn.App. 1991) , the Court of Appeals adopted the all important presumption: Where a nonconforming use has been dormant for longer than one year, a presumption of intent to abandon is proper. 3 . Granting the requested permit would be contrary to the purpose of the Zoning Code, which is set forth at City Code Sec. 20-2: This chapter is enacted to carry out the intent of the city's comprehensive plan and to: City of Chanhassen May 27, 1993 Page Four (1) Protect residential, commercial , industrial and institutional areas from the intrusion of incompatible uses/ (2) Prevent overcrowding of land; (3) Conserve and enhance the city's tax base; (4) Protect again fire, smoke, explosion, noxious fumes, offensive noise, vibration, dust, odors, heat, glare and other hazards to people; (5) Preserve the nature beauty and amenities of the city and achieve excellence and originality of design; (6) Facilitate the provision of public services; (7) Secure equity among individuals in the use of their property. 4 . Denying the requested permit would not defeat the reasonable expectations of most of the supposed "members" of the supposed "Schmid's Acres Homeowner' s Association. " (a) In platting property in Chanhassen, City Code Sec. 18-39 requires: If a development is proposed adjacent to a lake, or will affect the usage of the lake, the applicant shall provide the city with a list of property owners abutting the lake at the time of application. The city shall provide mailed notice to the lake homeowners as in compliance with the procedures above. The applicant is responsible for meeting with affected homeowners. To the best of our knowledge, the Applicant failed to comply with this provision in platting Minnewashta Meadows. It is reasonable to infer from this fact that the Applicant during the lengthy process of subdividing Lots 3 and 4 Schmid 's Acres Tracts, did not contemplate that buyers of property in Minnewashta Meadows would have access to Lake Minnewashta aoross the Reservation. City of Chanhassen May 27, 1993 Page Five (b) Neither the Development Contract between the Applicant and the City (Document No. 102063) nor any restrictive covenants for Minnewashta Meadows mention the Reservation, access to Lake Minnewashta or the formation of a Schmid's Acre Homeowners Association. These facts also permit the reasonable inference that the developer of Minnewashta Meadows did not contemplate that lot buyers would have access to Lake Minnewashta across the Reservation. (c) The Minnesota Secretary of State has not received any type of filing for "Schmid's Acre Homeowner's Association. " 5. The proposal for on-site parking is contrary to historic use of the Reservation and utterly inappropriate. (a) See Affidavits. (b) Since there is no room on the Reservation for a motor vehicle to turn around, vehicles parking on the Reservation would have to back into Minnewashta Parkway. This would be contrary to City Code Sec. 20-118 (b) , which provides: "All parking areas except those serving one- and two-family dwellings on local streets shall be designed so that cars shall not be required to back into the street. " (c) The proposed on-site parking would violate regulations of the Minnehaha Creek Watershed District, which has jurisdiction over the Reservation because of the outlet for Lake Minnewashta running through the Reservation. (d) Without significant buffering, the Reservation could become an unsightly parking lot -- totally incompatible in this attractive residential neighborhood. The Applicant has not proposed any buffering, and there is little room to plant or install any. City of Chanhassen May 27, 1993 Page Six This ancient, undefined easement is a substantial burden on Mr. Durr's property and poses serious liability and insurance issues. It may become necessary in the future for Mr. Durr to obtain an interpretation by a District Court regarding easement holders and permitted uses, if any. For now, we respectfully request that the City deny the permit. Sincerely, 40 • Thomas L. Owens TLO/eh Enc. c: Kenneth C. Durr di f o 0 E4sr 6„ser 4 ' - Sec.S rp.//6 N �° �. lT -fee fit "3' ` ' owns�i ,v T // NOr►yF . t 4 Al.• ,1 ,,,,./...„:"."; 1 Z071 S • , 2 acre *act/V 'II ' '' il et K irOf o i ��t' , . 1 — 1r �� 4.1. .ar .- "A. s.:�°�r ! /�►l tai wsy 0. .4,..11..1 ,t� Loi /f- a ', t. —�, N i 1 L of 8 • C`•k 1 i' tr", ._. 'SI, . , lq 1.ac tot` a te .i �. t�`r, o�Cta NZ ' et e ,,, s {I IQ — wCk +* L oe 2 — SCHMID'S ACRE TRACTS ` h01 4 r k • t Ilcir ti Nv Lot l I r akh. r -\\ ! k / .'N,': 4- „Pc 14 c‘ i1 ''ffi►), :•tfrVNltridCA M UD��it�ti, r `�� cC,r7rc•r, ..1- C�civslt. EXHIBIT A I.1an Ito t.:.,:f4 Mat 1'', ar ,.f►.. .. , 441', Isla / •• ,-1 r r I _ �'�_�� 'Mir VICTCAIA A .` ROY W. WASSOM e`�. 1a 6 1 9K 91, p 422 P'' _ I 'o c LP 7. 1 PV � � OEa4 ` 115 — 6 I--- 2o4 4 3 2 i ,r NMiyN° 1`+' i �NA c..` Mlk / i r 16 t ,./CART WAY-, a Nrq t,.... ' OA 9 \,.- I 7::lek\ _ •• MCeo°W 5 , 1§8 Q` 6 r 4 5 i - V1V ,tt` ` 2_ 8 T ya �t� w�roA r 9 60 12 .• 9 10 eic.0; ..........-• .445;.•;etz 834 '� WfeT '-. 4 KENNETH DURR �'� O I25. P21a43: Stwtewood Oaks Development, Inc �� • GG CIF. No. 18592 ` . G0° — / CT F. No. 19865 .1' . W IS�. Q� 1''I S VI /"'''. /0 g 9 ; + p 1(�R� } `K s y. I 5 4:1tg. /N14 lit C..`.3 I lirlrir 2 1 C/RO C ' + 'tip,• ,•`• / �IISIpFN R 10 11111111rt; 4 2 f PAY: ,/ _ ' l n Z MLt:fNAlnlA ND I 6 �' s II Io , ,DD at /// e .... ouT�T e ;A AMINNEWASH A IC-EA' ,, / EXHIBIT B . r Illrik t0 1 I� 2 I I — 5 4 L�� .,/ 11 �$ FIRST A0D. a AC~ li t �. r . Ib c� A• A1- .. z 1 - 14 \� — C CURS 1 \ / 9 10 t 1 i ' ; so 2 3 IS 1 ` N aBSE to K • .111 811111 I NOTICE OF PUBLIC HEARING11117/0161111A-1 •1= J�i`i �iks.i91 t40`y �; illi PLANNING COMMISSION MEETING - ��` '` �` Wednesday, June 2, 1993 7:30 P.M. 4 10 - Millb _ City Hall Council Chambers ,� n ,. . , i 690 Coulter Drive / 4b,..,:."34'Kr.,\a9 • i ? i. ilQLSS7 mfg:;I1 Project: Schmid s Acres Non' �' LAKE Conforming Ala. L Recreational • ,y� ,/ 1,� . .. .r./r-tt�J/MI " " E W A S } Beachlot :� -r'f SNTA A i� Developer: Schmid's Acres Homeowners ` �\ '�z Association i Ali r .`- ,, •• / — L. _ Location: North side of Lake _�� ` ""r Minnwashta Jr`J'_ �, � �-- z'i"' " 1• 1 iii•.. - = e Notice: You are invited to attend a public hearing about a development proposed in your area. Schmid's Acres Homeowners Association has applied for a non-conforming use permit for their recreational beachlot. — What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this _ project. During the meeting, the Planning Commission Chair will lead the public hearing through the following steps: _ 1. Staff will give an over view of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. — 4. Public hearing is closed and the Commission discusses project. The Commission will then make a recommendation to the City Council. — Questions or Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Kate Aanenson at 937-1900. If you — choose to submit written comments, it is helpful to have one copy to the Planning Department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on May 20, 1993. .93 ' CITY OF CHANHASSEN TIME: 11:40 am-- 05/27/93 PROPERTY LISTING BY STREET ADDRESS PAGE: 1 Report Criteria: Property: Address is Between "CHURCH ROAD 3841" and "CHURCH ROAD 3941" or Property: Address is Between "ASTER TRAIL 3921" and "ASTER TRAIL 3931" or Property: Address Contains "MEADOW LANE" or Property: Address Contains "MEADOW COURT" or Property: Address Contains "62ND STREET WEST" or Property: Address Contains "MINNEWASHTA PKWY 6450" or Property: Address Contains "CHURCH ROAD 3841" or Property: Address Contains "CHURCH ROAD 3851" or Property: Address Contains "CHURCH ROAD 3941" PROPERTY ID UTILITY NO. ADDRESS OWNER WATER FLOOD SEWER WET ZONE DIST. Street Address: 62ND STREET 257700070 3300060 3831 WEST 62ND STREET CARLSON, GARY 257700110 3300050 3855 WEST 62ND STREET CARLSON, GARY Total # of Properties: 62ND STREET 2 Street Address: ASTER TRAIL 257700130 3901130 3921 ASTER TRAIL SCHURDEVIN, KATHY 257700140 3901140 3931 ASTER TRAIL COLLINS, MARJORIE Total # of Properties: ASTER TRAIL 2 Street Address: CHURCH ROAD 257700090 3300058 3841 CHURCH ROAD KEEHL, DALE 257700100 3300054 3851 CHURCH ROAD TOLL, TERRY 257700120 3901540 3941 CHURCH ROAD MACPHERSON, MARK F. Total # of Properties: CHURCH ROAD 3 Street Address: MEADOW COURT 255080050 3300089 3828 MEADOW COURT SUNDERMEYER, GARY -- 255080060 3300094 3842 MEADOW COURT MENKE, MELVIN Total # of Properties: MEADOW COURT 2 Street Address: MEADOW LANE 255080140 3300080 3771 MEADOW LANE KIFF, DAVID 255080010 3300088 3780 MEADOW LANE JUNEAU, CY CITY OF CHANHASSEN TIME: 11:41 am 05/27/93 PROPERTY LISTING BY STREET ADDRESS PAGE: 2 PROPERTY ID UTILITY NO. ADDRESS OWNER WATER FLOOD SEWER WET ZONE DIST. 255080020 3300093 3790 MEADOW LANE LATTERNER, TIMOTHY 255080030 3300092 3800 MEADOW LANE NELSON, RALPH —255080130 3300081 3801 MEADOW LANE MONAHAN, PATRICK 255080040 3300091 3814 MEADOW LANE O'MEARA, KEVIN 255080120 3300082 3831 MEADOW LANE BEAUCHAMP, STEPHEN 255080070 3300087 3856 MEADOW LANE BERGE, JEFFREY 255080110 3300083 3861 MEADOW LANE BUISMAN, TERRY 255080080 3300086 3870 MEADOW LANE BAIRD, GREG 255080090 3300085 3884 MEADOW LANE BOUALOUANG, DAVONE —255080100 3300084 3891 MEADOW LANE KREBSBACH, PETER Total # of Properties: MEADOW LANE 12 Street Address: MINNEWASHTA PKWY 257700020 3300140 6450 MINNEWASHTA PKWY MILLER, CRAIG Total # of Properties: MINNEWASHTA PKWY 1 Total # of Properties: 22 GARY CARLSON KATHY SCHURDEVIN 3: EST 62ND STREET 3855 WEST 62ND STREET 3921 ASTER TRAIL Excelsio , mJ Excelsior, MN 55331 Excelsior, MN 55331 MARJORIE COLLINS ALVIN GELCHUS TERRY TOLL 3931 ASTER TRAIL 3841 CHURCH ROAD 3851 CHURCH ROAD Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 MARK F. MACPHERSON DRAKE CONSTRUCTION INC DRAKE CONSTRUCTION INC 3941 CHURCH ROAD 18130 TERRITORIAL ROAD 18130 TERRITORIAL ROAD Excelsior, MN 55331 MAPLE GROVE, MN 55369 MAPLE GROVE, MN 55369 DRAKE CONSTRUCTION CY JUNEAU TIMOTHY LATTERNER 18130 TERRITORIAL ROAD 3780 MEADOW LANE SHERYL LATTERNER MAPLE GROVE, MN 55369 Excelsior, MN 55331 1595 MILLPOND COURT #203 CHASKA, MN 55318 DRAKE CONSTRUCTION INC PATRICK MONAHAN KEVIN O'MEARA 18130 TERRITORIAL ROAD 3801 MEADOW LANE 3814 MEADOW LANE MAPLE GROVE, MN 55369 Excelsior, MN 55331 Excelsior, MN 55331 DRAKE CONSTRUCTION JEFFREY BERGE TERRY BUISMAN 18130 TERRITORIAL ROAD 3856 MEADOW LANE 3861 MEADOW LANE MAPLE GROVE, MN 55369 Excelsior, MN 55331 CHANHASSEN, MN 55317 DRAKE CONSTRUCTION INC DRAKE CONSTRUCTION INC PETER KREBSBACH 18130 TERRITORIAL ROAD 18130 TERRITORIAL ROAD 3891 MEADOW LANE MAPLE GROVE, MN 55369 MAPLE GROVE, MN 55369 Excelsior, MN 55331 CRAIG MILLER 6450 MINNEWASHTA PARKWAY EXCELSIOR, MN 55331 CITY OF CHANHASSEN TIME: 01:17 pm — 05/27/93 PROPERTY LISTING BY STREET ADDRESS PAGE: 1 Report Criteria: Property: Address is Equal To "TANAGERS LANE 2840" or Property: Address is Equal To "TANAGERS LANE 2850" or Property: Address is Between "HIGHWAY 7 2900" and "HIGHWAY 7 3900" or Property: Address is Between "SHORE DR 3300" and "SHORE DR 3500" or Property: Address is Between "MINNEWASHTA PKWY 6451" and "MINNEWASHTA PKWY 6701" or Property: Address Contains "GREENBRIAR" or Property: Address Contains "DOGWOOD" or Property: Address Contains "DARTMOUTH DR" or Property: Address Contains "SANDPIPER TRAIL" or Property: Address Contains "WASHTA BAY ROAD" or Property: Address Contains "MAPLE SHORES DR" or Property: Address Contains "CRIMSON BAY ROAD" or Property: Address Contains "LONE CEDAR LANE" or Property: Address Contains "HICKORY" or Property: Address Contains "RED CEDAR POINT DR" or Property: Address Contains "IRONWOOD" or Property: Address Contains "HAWTHORNE CIRCLE" or Property: Address Contains "CEDAR SO" or Property: Address Contains "RED CEDAR COVE" PROPERTY ID UTILITY NO. ADDRESS OWNER WATER FLOOD SEWER WE'. ZONE DIST. Street Address: CEDAR 256600360 3300782 3631 SO CEDAR ANDING, CHARLES 256600370 3300784 3633 SO CEDAR ANDING, HELEN M 256600380 3300786 3637 SO CEDAR LOBITZ, CHESTER 256600490 3905410 3700 SO CEDAR HAWLEY, NICHOLAS F 256600400 3300790 3703 SO CEDAR HAWLEY, NICHOLAS F 256600410 3300792 3705 SO CEDAR JENSEN, ANDREW L —256600420 3300794 3707 SO CEDAR HEMPEL, DAVID 256600430 3300796 3711 SO CEDAR HDRTON, BLAKE 256600440 3300798 3713 SO CEDAR PEDERSEN, CLIFF _256600450 3300800 3715 SO CEDAR ANDING, RICHARD 256600460 3300802 3719 SO CEDAR EIDE, KEVIN 256600470 3300804 3725 SO CEDAR SCHWEIZER, TIM 256600480 3909380 3727 SO CEDAR HAUGH, WILLIAM Total # of Properties: CEDAR 13 Street Address: CRIMSON BAY ROAD 252610050 3905160 7620 CRIMSON BAY ROAD FERNANDEZ, RAFAEL 252610040 3905170 7640 CRIMSON BAY ROAD HERBST, DANIEL 252610030 3905180 7660 CRIMSON BAY ROAD REYNOLDS, JAMES - 252610020 3910120 7700 CRIMSON BAY ROAD BAUER, PATRICK 252610011 3910280 7750 CRIMSON BAY ROAD HYDE, FRED CITY OF CHANHASSEN TIME: 01:18 pR 05/27/93 PROPERTY LISTING BY STREET ADDRESS PAGE: 2 PROPERTY ID UTILITY N0. ADDRESS OWNER WATER FLOOD SEWER WET ZONE DIST. Total I of Properties: CRIMSON BAY ROAD 5 Street Address: DARTMOUTH DR 251400090 3200314 3110 DARTMOUTH DR ROY, ROBERT J 251400160 3200312 3111 DARTMOUTH DR SUEKER, DONALD 251400150 3200310 3121 DARTMOUTH DR FIEDLER, JOSEPH 251400070 3200052 3130 DARTMOUTH DR BIGOS, TED I — 251400140 3200308 3131 DARTMOUTH DR GINTHER, JAMES 251400130 3200306 3201 DARTMOUTH DR MERZ, THOMAS 251400120 3200304 3211 DARTMOUTH DR MARTIN, STEVE _ 251400010 3200064 3220 DARTMOUTH DR WEBER, JOHN 251400110 3200302 3221 DARTMOUTH DR ROETTGER, PAULA S 256700050 3200066 3230 DARTMOUTH DR OAS, ARVID 256700060 3200300 3231 DARTMOUTH DR MOORE, MARY J. — 256700070 3200298 3241 DARTMOUTH DR HANSON, WARREN Total / of Properties: DARTMOUTH DR 12 — Street Address: DOGWOOD 254950010 3200118 6201 DOGWOOD HANSON, SCOTT 254950020 3200116 6211 DOGWOOD WEIMER, KURT — 254950030 3200114 6221 DOGWOOD GUENTHER, ANTON 254950040 3200112 6231 DOGWOOD HOGAN, KENNETH 254950170 3200126 6240 DOGWOOD STEINKE, JEFF — 254950050 3200110 6241 DOGWOOD ELY, CHARLES E 254950180 3200128 6250 DOGWOOD ADCOX, TOM 254950060 3200108 6251 DOGWOOD MACKLIN, WILLIS 254950190 3200130 6300 DOGWOOD HUNTINGTON, TOM 254950070 3200106 6301 DOGWOOD OLSON, GARY L 254950200 3200132 6310 DOGWOOD CLAPP, ALLEN 254950080 3200104 6311 DOGWOOD LEITNER, MARK — 254950210 3200134 6320 DOGWOOD OESTREICH, MELVIN 254950090 3200102 6321 DOGWOOD SAUL, MICHAEL 254950220 3200136 6330 DOGWOOD MITCHELL, FRANK _ 254950100 3200100 6331 DOGWOOD LEIDING, ALLEN 254950230 3200138 6340 DOGWOOD SPENCER, ROGER 254950110 3200098 6341 DOGWOOD DRESSLER, MURIEL 254950240 3200140 6350 DOGWOOD SCHACHTERLE, MICHAEL — 254950120 3200096 6351 DOGWOOD KASPER, JOE 258350010 3901730 7301 DOGWOOD OAS, ROGER W. 258350020 3901740 7311 DOGWOOD POWELL, KENNETH — 258350030 3901750 7321 DOGWOOD JONES, MARTIN 258350040 3905340 7331 DOGWOOD QUIST ETAL, JANET M 258350050 3901760 7341 DOGWOOD LUNDELL, RICHARD _ 258350060 3901770 7411 DOGWOOD FOLEY, JOHN T CITY OF CHANHASSEN TIME: 01:18 pm — 05/27/93 PROPERTY LISTING BY STREET ADDRESS PAGE: 3 PROPERTY ID UTILITY NO. ADDRESS OWNER WATER FLOOD SEWER WET ZONE DIST. 258940020 3901780 7530 DOGWOOD BRANDT, PETER Total f of Properties: DOGWOOD 27 Street Address: GREENBRIAR 254950690 3200234 6211 GREENBRIAR RUHLAND, TOM - 254950680 3200232 6221 GREENBRIAR ONKEN, MARVIN 254950670 3200230 6231 GREENBRIAR THOMPSON, JAMES 254950660 3200228 6301 GREENBRIAR AMENT, RICK --254950650 3200226 6311 GREENBRIAR MCINERNY, PATRICIA L 254950640 3200224 6321 GREENBRIAR WATERHOUSE, HARLAN 254950630 3200222 6331 GREENBRIAR JOHNSON, C L 256830010 3200254 6340 GREENBRIAR BAKER, CHRISTOPHER 254950620 3200220 6341 GREENBRIAR SCHMIERER, OLIVE G 256830020 3200256 6350 GREENBRIAR EMMINGS, STEVE 256830030 3200258 6400 GREENBRIAR HANSON, ANNALEE Total I of Properties: GREENBRIAR 11 Street Address: HAWTHORNE CIRCLE 253800040 3300966 3920 HAWTHORNE CIRCLE MONSER, EDWARD 253800070 3300968 3921 HAWTHORNE CIRCLE PETERJOHN, DAVID 253800030 3300964 3940 HAWTHORNE CIRCLE OATHOUT, EDWARD V. —253800010 3300960 3980 HAWTHORNE CIRCLE MATTHEWS, LEO JANUS/MARIA Total f of Properties: HAWTHORNE CIRCLE 4 Street Address: HICKORY 256600050 3300752 3628 HICKORY POTTS, SAMUEL 256600060 3300750 3630 HICKORY MOORE, JAMES J --256600070 3300748 3632 HICKORY PETERSON, ED 256600080 3300746 3706 HICKORY BOHRER, GREG 256600090 3300744 3714 HICKORY SMITH, ALFRED _256600150 3300743 3715 HICKORY RAIDT, TIMOTHY 256600100 3300742 3716 HICKORY YORK, MARVIN 256600120 3300740 3724 HICKORY NELSON, TIMOTHY 256600130 3300738 3728 HICKORY RASK, JOAN E - 256600161 3300736 3732 HICKORY PARSONS, LOUIS 256600140 3300734 3734 HICKORY MORGAN, SUSAN 256600180 3300726 3735 HICKORY GUTZKE, KEVIN —256600190 3300728 3737 HICKORY K & W PROPERTIES • 254100010 3300732 3738 HICKORY LEACH, ROY CITY OF CHANHASSEN TIME: 01:18 pm 05/27/93 PROPERTY LISTING BY STREET ADDRESS PAGE: 4 PROPERTY ID UTILITY NO. ADDRESS OWNER WATER FLOOD SEWER WET ZONE DIST. Total # of Properties: HICKORY 14 Street Address: HICKORY ROAD 256600170 3300724 3733 HICKORY ROAD TIMM, MICHAEL D Total # of Properties: HICKORY ROAD 1 Street Address: HIGHWAY 7 254550010 3200318 3121 HIGHWAY 7 BOYER, JOSEPH 251400050 3200056 3221 HIGHWAY 7 BIGOS, THEODORE 250050400 3909210 3651 HIGHWAY 7 DURR, KENNETH C — Total # of Properties: HIGHWAY 7 3 Street Address: IRONWOOD 256870020 3200338 3601 IRONWOOD ZWEIG, RICHARD 256870010 3200336 3607 IRONWOOD HEBEISEN, ROBERT W 256720020 3200334 3611 IRONWOOD WRIGHT, THOMAS — 256720010 3200332 3621 IRONWOOD HOELKE, DONNA Total # of Properties: IRONWOOD 4 Street Address: LONE CEDAR LANE 251700030 3301020 3800 LONE CEDAR LANE MITLYNG, JOSEPH W 251700040 3301018 3820 LONE CEDAR LANE GAUER, SCOTT _ 257450010 3301016 3840 LONE CEDAR LANE STASNEY, JOSEPH 257450020 3301015 3850 LONE CEDAR LANE VONBEVERN, STEPHEN 257450030 3301014 3860 LONE CEDAR LANE HED, ARNOLD 251700080 3301032 3861 LONE CEDAR LANE MECUS, GARY 251700070 3301012 3880 LONE CEDAR LANE LIPE, JAMES 251700090 3301034 3881 LONE CEDAR LANE HUDSON, DANIEL 258600010 3301010 3890 LONE CEDAR LANE JUREWICZ, MICHAEL A — 258600110 3301036 3891 LONE CEDAR LANE FREEBURG, GORDON 258600020 3301008 3892 LONE CEDAR LANE PETERJOHN, DAN 258600030 3301006 3894 LONE CEDAR LANE ANDERSON, JOEL _ 258600090 3300996 3895 LONE CEDAR LANE FERM, JOHN 258600040 3301004 3896 LONE CEDAR LANE AHLMAN, JEROME S 258600070 3300998 3897 LONE CEDAR LANE TESTER, DAVID 258600050 3301002 3898 LONE CEDAR LANE JOHNSON, TERRANCE CITY OF CHANHASSEN TIME: 01:19 pm - 05/27/93 PROPERTY LISTING BY STREET ADDRESS PAGE: 5 PROPERTY ID UTILITY NO. ADDKESS OWNER WATER FLOOD SEWER WET ZONE DIST. 258600060 3301000 3900 LONE CEDAR LANE MERZ, JOHN Total / of Properties: LONE CEDAR LANE 17 Street Address: MAPLE SHORES DR __254450070 3303160 3830 MAPLE SHORES DR BERRY, RAYMOND 254450060 3303150 3841 MAPLE SHORES DR KELLY, GERALD 254450080 3303170 3850 MAPLE SHORES DR EAGLE FOOD CENTERS INC 254450050 3303140 3861 MAPLE SHORES DR HOWARD, SCOTT - 254450090 3303180 3870 MAPLE SHORES DR JASIN, SUSAN L 254450040 3303130 3881 MAPLE SHORES DR STRAKA, BRADLEY D. 254450100 3303190 3890 MAPLE SHORES DR SCOULER, BARBARA —254450110 3303200 3900 MAPLE SHORES DR KRASKY, LANCE PARROW/MARY 254450030 3303120 3901 MAPLE SHORES DR SHAFER, DENNIS W 254450020 3303110 3911 MAPLE SHORES DR EDWARDS, KIRK 254450120 3303210 3920 MAPLE SHORES DR JENZER, TIM 254450010 3303100 3921 MAPLE SHORES DR FREE, DAVID B. 254450130 3303220 3930 MAPLE SHORES DR GIESEN, THOMAS Total i of Properties: MAPLE SHORES DR 13 Street Address: MINNEWASHTA PKWY 257700010 3300100 6451 MINNEWASHTA PKWY DURR, KEN 258740010 3300144 6541 MINNEWASHTA PKWY JOHNSON, DANA 254800010 3300228 6560 MINNEWASHTA PKWY COLLERAN, TIMOTHY 258740020 3300142 6561 MINNEWASHTA PKWY LUND, KENNETH —254800020 3300230 6601 MINNEWASHTA PKWY ANDING, CHARLES F. 254800030 3300232 6621 MINNEWASHTA PKWY ALLENBURG, THOMAS 256150150 3300250 6630 MINNEWASHTA PKWY MENTEN, DALE _256150670 3300234 6631 MINNEWASHTA PKWY BROS, ZOE 256150680 3300236 6641 MINNEWASHTA PKWY WAY, JAMES 256150690 3300238 6651 MINNEWASHTA PKWY ANDERSON, LEE 256150700 3300239 6671 MINNEWASHTA PKWY LARKIN, JAMES —256150710 3300240 6701 MINNEWASHTA PKWY JOSEPHS, ROBERT M. Total / of Properties: MINNEWASHTA PKWY 12 Street Address: RED CEDAR COVE 256500010 3300705 7024 RED CEDAR COVE SOBEL, HARVEY L 256500020 3300704 7028 RED CEDAR COVE MCRAITH, THOMAS —256500030 3300703 7034 RED CEDAR COVE SCHOTT, DEL 256500040 3300702 7038 RED CEDAR COVE BIXLER, PATRICIA A 256500050 3300701 7044 RED CEDAR COVE AURETHA J SMITH CITY OF CHANHASSEN TIME: 01:19 pm 05/27/93 PROPERTY LISTING BY STREET ADDRESS PAGE: 6 PROPERTY ID UTILITY NO. ADDRESS OWNER WATER FLOOD SEWER WET ZONE DIST. 256500060 3300700 7048 RED CEDAR COVE NELSON, GARY 256500070 3300699 7054 RED CEDAR COVE KARCZEWSKI, RALPH 256500080 3300698 7058 RED CEDAR COVE RIETZ, WARREN 256500090 3300697 7064 RED CEDAR COVE PRILLAMAN, DAVID C. 256500100 3300696 7068 RED CEDAR COVE SHELBY, COY 256500110 3300695 7074 RED CEDAR COVE ROYER, ROBERT E 256500130 3300693 7075 RED CEDAR COVE RED CEDAR COVE ASSN 256500120 3300694 7078 RED CEDAR COVE MANEY, JOHN 256500140 3300692 7085 RED CEDAR COVE BITTERMANN, DONALD W 256500150 3300691 7095 RED CEDAR COVE GUTHMUELLER, LOUIS 256500180 3300706 7096 RED CEDAR COVE MCDONALD, ELLEVA JOY 256500170 3300707 7098 RED CEDAR COVE HOFER, JAMES 256500160 3300690 7099 RED CEDAR COVE FISHER, TIMOTHY Total I of Properties: RED CEDAR COVE 18 Street Address: RED CEDAR POINT DR 256600260 3300770 3601 RED CEDAR POINT DR SCHLENER, RICHARD — 256600270 3300768 3603 RED CEDAR POINT DR SCHWABA, T.J. 256600290 3300764 3607 RED CEDAR POINT DR ANDERSON, DOUG 256600300 3300762 3609 RED CEDAR POINT DR LARSON, PAUL W — 256600310 3300772 3613 RED CEDAR POINT DR PROSHEK, LUMIR 256600010 3300760 3616 RED CEDAR POINT DR BROECKERT, MARK 256600320 3300774 3617 RED CEDAR POINT DR SOUBA, EMIL 256600020 3300758 3618 RED CEDAR POINT DR LOCKHART, K 256600030 3300756 3622 RED CEDAR POINT DR KEUSEMAN, STEVE 256600040 3300754 3624 RED CEDAR POINT DR BAUER, ERIC 256600340 3300778 3627 RED CEDAR POINT DR DUNDURS, BIRUTA M. — 256600350 3300780 3629 RED CEDAR POINT DR JOHNSON, LINDA 256600231 3300822 3755 RED CEDAR POINT DR PARADISE, TOM 254100020 3300730 3800 RED CEDAR POINT DR COMER, RICHARD _ 250082200 3300832 3815 RED CEDAR POINT DR OSBORNE, ROBERT 250081100 3300712 3820 RED CEDAR POINT DR LEACH, BERNARD 250081900 3300828 3821 RED CEDAR POINT DR ALLERMAN, EDWARD 258770010 3300826 3831 RED CEDAR POINT DR GULSTRAND, JAMES 250083000 3300834 3837 RED CEDAR POINT DR SMITH, KENNETH 250081000 3300710 3840 RED CEDAR POINT DR LEACH, HORACE 257920020 3300836 3841 RED CEDAR POINT DR CLARK, KEVIN — 250081700 3300830 3859 RED CEDAR POINT DR COBB, GARY 250080700 3300838 3861 RED CEDAR POINT DR ZAKARIASEN, LOUIS 250081600 3300848 3901 RED CEDAR POINT DR CONNOR, JAMES Total i of Properties: RED CEDAR POINT DR 24 Street Address: SANDPIPER TRAIL 255050150 3101330 2700 SANDPIPER TRAIL BAUER, ROBERT CITY OF CHANHASSEN TIME: 01:20 pm 05/27/93 PROPERTY LISTING BY STREET ADDRESS PAGE: 7 PROPERTY ID UTILITY NO. ADDRESS OWNER WATER FLOOD SEWER WET ZONE DIST. 255050160 3101340 2720 SANDPIPER TRAIL STEVENS, RONALD --255250010 3101530 2721 SANDPIPER TRAIL NEWMAN, RICHARD 255050170 3101350 2730 SANDPIPER TRAIL SCOTT, FRANK 255250040 3101520 2731 SANDPIPER TRAIL JAMESON, DAVID 255050180 3101360 2740 SANDPIPER TRAIL NINOW, HARLAN 255250050 3101510 2741 SANDPIPER TRAIL HUGHES, STEPHEN 255050190 3101370 2750 SANDPIPER TRAIL YOUNG, FRANK M 255250080 3101500 2751 SANDPIPER TRAIL ROPER, DOUG - 255050200 3101380 2800 SANDPIPER TRAIL HINDERAKER, R 255050210 3101390 2810 SANDPIPER TRAIL SCHMIDT, HOWARD 255050220 3101400 2820 SANDPIPER TRAIL SHOENECKER, TOM —255150060 3101260 2831 SANDPIPER TRAIL WEIMERSKIRCH, A M 255150050 3101250 2841 SANDPIPER TRAIL NEUMANN, HENRY Total f of Properties: SANDPIPER TRAIL 14 --Street Address: SHORE DR 256700090 3200288 3301 SHORE DR NAEGELE, WILLIAM _256700120 3200286 3311 SHORE DR HEGMAN, RALPH 256700130 3200284 3321 SHORE DR WINTHEISER, BARBARA 256700140 3200282 3331 SHORE DR BISCHOFF, FLORENCE 254950700 3200280 3341 SHORE DR MCDANIEL, WILLIAM 254950130 3200094 3342 SHORE DR CARSIK, DONALD 254950710 3200278 3351 SHORE DR WHITE, F D 254950720 3200276 3401 SHORE DR ARNESON, HENRY —254950730 3200274 3411 SHORE DR LANGEN, KARL VAN 254950250 3200142 3420 SHORE DR AHLCRONA, RUTH 254950740 3200272 3421 SHORE DR TUSSEY, D POSTHUMUS 254950750 3200270 3431 SHORE DR MCKELLIP, JOHN 254950760 3200268 3441 SHORE DR ANDERSON, DAVE 254950770 3200266 3451 SHORE DR MULLIN, MORRIS 254950790 3200264 3471 SHORE DR FABER, FRANCIS —254950800 3200262 3481 SHORE DR WING, RICHARD Total / of Properties: SHORE DR 16 Street Address: TANAGERS LANE 255050340 3101220 2840 TANAGERS LANE JACOBSON, PER 255050350 3101230 2850 TANAGERS LANE PFEFFER, HERB Total # of Properties: TANAGERS LANE 2 Street Address: WASHTA BAY ROAD CITY OF CHANHASSEN TIME: 01:20 pm 05/27/93 PROPERTY LISTING BY STREET ADDRESS PAGE: 8 PROPERTY ID UTILITY NO. ADDRESS OWNER WATER FLOOD SEWER WET ZONE DIST. Sr 255050090 3101070 2820 WASHTA BAY ROAD SENST, JIM 255050330 3101050 2821 WASHTA BAY ROAD FURY, GENE 255050070 3101080 2830 WASHTA BAY ROAD MIELKE, IVAN 255050320 3101040 2831 WASHTA BAY ROAD ORTLIP, KRISTEN 255050080 3101090 2840 WASHTA BAY ROAD MICHEL, LESLIE 255050310 3101030 2841 WASHTA BAY ROAD HUBBARD, JEANNINE 255050300 3101020 2851 WASHTA BAY ROAD ANDERSON, HAZEL 255050290 3101010 2901 WASHTA BAY ROAD NIEMELA, HARRY 255200010 3101095 2910 WASHTA BAY ROAD SCHUMACHER, JOHN 255050280 3101000 2911 WASHTA BAY ROAD HOLZER, WAYNE 255050140 3101100 2920 WASHTA BAY ROAD FERM, GLADYS 255050270 3100990 2921 WASHTA BAY ROAD CASPERSON, NORMAN 255050130 3101110 2930 WASHTA BAY ROAD KILBY, WILLIAM J 256730020 3100980 2931 WASHTA BAY ROAD TOLLEFSON, ALAN 255050120 3101120 2940 WASHTA BAY ROAD KILBY, WILLIAM 256750040 3100970 2941 WASHTA BAY ROAD COPPERSMITH, GLENN 255050110 3101130 2950 WASHTA BAY ROAD HOCK, GEORGE 256750020 3100950 2951 WASHTA BAY ROAD SHEEHAN, KELLY 256750030 3100960 2961 WASHTA BAY ROAD CRENSHAW, DONALD 256730010 3100940 2971 WASHTA BAY ROAD CHRISTIAN, ROBERT Total i of Properties: WASHTA BAY ROAD 20 Total I of Properties: 230 _ Planning Commission Meeting March 17 , 1993 - Page 52 PUBLIC HEARING: NON-CONFORMING USE PERMIT FOR SCHMID 'S ACRES RECREATIONAL BEACHLOT . Public Present: Name Address Gary Carlson 3831 West 62nd Street Dale Keehl 3841 West 62nd Street — Kate Aanenson presented the staff report on this item . Chairman Batzli called the public hearing to order . = Gary Carlson: Good evening . My name is Gary Carlson . I live at 3831 West 62nd Street . I live in the original homestead on the Schmid 's Acres Tracts . It was built in 1895 and I 've lived there for the last 23-24 years . I want to wish you all a Happy St . Patrick 's Day , although I don 't know if he ' ll forgive you for not celebrating with only an hour left in the day . I appreciate the work that you do for the city . You do a good job . I just wish there was a way that those that just want to go for quick swim could have an earlier meeting and let the large problems of the city be worked out in the later hours . The Schmid 's Acre beachlot was established in 1914 . We simply wish to comply and obtain a non-conforming use permit for Schmid 's Acre recreational beachlot . We describe the nature of the use in our application , so if you would look at that , I 'll go through the application quickly . The number of homes is approximately 25 . The length of our shoreline is 50 feet wide and we 're 50 foot wide — from the shoreline all the way to Minnewashta Parkway . That 's the new improved parkway that you 're adding . That you 're improving . Our useage , which you want us to define to you , is one dock and the length at times is , or whenever it was made in '81 but we do have extra sections and the legal limit for Minnewashta , we 've never used the full length . We 're only asking for the one dock unless the lake goes low , and then we may put out the full whatever . I think it 's 100 feet on Lake Minnewashta but we typically only put out about 50 feet . But we may put out more feet . We 've had one dock since 1914 . It 's a pre-existing use . It 's a grandfathered use . We just simply want to let you know what that use was and we want to , we understand the City 's interest in restricting the use of the lake . We want to , that is also our interest is to continue . Batzli : Can you comment on two or three particular things . Gary Carlson: Yeah , run down quickly . Batzli : On our survey we have very little use made in 1981 , which is the year that we have been attempting to limit your use to that level of use in 1981 . You asked for several things which go over and above that use and maybe if you can just comment on these 2 or 3 things . One is you 'd like to add a canoe rack . You want to increase the number of boats which are docked and you want to put a couple of the boats on land . Were those things done in 1981 that you had boats on land and a couple on the dock? Gary Carlson: Like I say , it 's a lake access that 's been there since 1914 and some years it 's used more than others . Some people that have the use Planning Commission Meeting March 17 , 1993 - Page 53 of it have never even set foot on it . Some people that have the use of it are down there every weekend . But it 's a very limited use and there is no , hardly any physical evidence that it is a lake access because it is , the creek is entirely enclosed within that 50 feet . Batzli : But in the past has there been 2 boats on land , 2 on the dock? Gary Carlson : Okay , let me run again down these . One dock . So that 's only one dock . We 're not saying . Batzli : We 're going to give you the dock . I don 't want to talk about the dock . Gary Carlson: Okay . Number of boats , 1 or 2 . The reason for that is no' to continue . We never have continually moored boats there . We 're not asking to moor any in the lake as other accesses do . Other accesses you look at their access , all you ' ll see is 12 boats moored out from nobody 's home . Aanenson: Maybe I can make a clarification . The ordinance only addresses if you 're going to put them overnight . If you 're going to launch them at the boat launch and store them during the day , run to the house and get lunch , that 's fine . We don 't care about that . The ordinance only addresses if you 're going to leave them there overnight . Gary Carlson : Okay . The other thing I wanted to ask you is the boat — launch , canoe rack of exceptional size or parking lot . Those would all require us to come to you and ask for a building permit . If we were to build a parking lot or build . . . Aanenson : No . You have existing . You can drive onto that right now . Gary Carlson: No , existing is , the reason we 're asking for 1 or 2 docks - is okay , if we want to leave the boat there overnight and usually . Batzli : The ones on the dock you want to leave there overnight? Gary Carlson: Well we have in the past at the dock but it 's not a full summer 's dockage . You know what I mean? Batzli : Right , but there has been use during the summer of you leaving boats there overnight? Gary Carlson : Yeah . We have left boats there overnight . And it 's only , if you and your brother are going to fish today and Sunday . Batzli : I leave my boat there overnight and then I pull it out . Gary Carlson : You leave the boat overnight and then we pull it out . Batzli : And how many have been on land during the summer in the past? Gary Carlson: Because it 's a non , it 's next to undeveloped land and the one owner to the right , you don 't have any security there . We haven 't in Planning Commission Meeting March 17 , 1993 - Page 54 the past and we don 't want to in the future . We just , if the occasion runs that we 're going to go waterskiing Saturday and Sunday , and somebody in the association elects to leave their boat there , we don 't want to be out a permit or we don 't want to have a citation . Batzli : So you 're looking at boats that are fishing boats and/or boats that you can pull a skier with? Gary Carlson: Small ski boats , yeah . Batzli : And in the past have you launched from that property or is this something that you would want to build? Gary Carlson: No . The reason I have a canoe rack is because traditionally we 've chained it to a tree and as the lots on either side of us develop into a home , they might say a little stand that you can lock your canoe down . And that again is just if the kids are on summer break or they 're going to canoe for the full two weeks or one week . But if anyone leaves their canoe there for a month it will be gone you know . - Batzli : So there have been canoes left there chained to trees? Gary Carlson: Chained to trees , yeah . Batzli : But how about launching your fishing boats or your small ski boats . Gary Carlson: Okay , that 's the next point . It also states in the history report there was no swimming beach but you know . Aanenson: The ordinance doesn 't address that . That 's really a moot point because we don 't regulate that . We 're not going to stop anybody from swimming there . Gary Carlson: It 's a hard sand beach so we swim there and that 's the only reason we go down there is to swim there and so it does have , has always had a swimming beach . The boat launch , if you 've looked at the access , it 's a straight little gravel road and it will have a new approach off Minnewashta Parkway . They ' ll be improving that approach. And the little gravel driveway goes straight into the lake and it 's not an improved launch and we don 't want it to be a launch where 12 boats launch there every Saturday or night . The only reason we use the launch is if the public thing is full . You know they only allow 40 some boats over there . And like I say , it 's a very small access and there 's only 25 or so people that have the right to use it . I have yet to see more than 3 people , 3 different families there at one time in all the 23 years I 've been there so it 's very limited useage boat area . The only thing is if I 'm going to have waterskiing and I didn 't get up by 9 :00 and get over to the public to launch and there 's no place on Minnewashta to launch , the public I can 't leave my , so then I back in . I put my boat in . We have a little gravel driveway that goes straight into the lake . It 's not an improved . We 're not going to put in a cement boat ramp . Batzli : We probably wish you would but okay . Planning Commission Meeting March 17 , 1993 - Page 55 Mancino: How long has it been there? How long has the boat launch been there? Gary Carlson: The road has always been there since I 've been there . Mancino: Okay , but according to this inventory , there isn 't one . There wasn 't one in 1981 , 1986 or 1991 . Gary Carlson: It depends on the lake level . It depends on what the ice heave is that year and unless I go down there with my skidster loader and remove that ice heave , then you can 't make a smooth launch . So only a person with a 4 wheel drive would launch there . Batzli : Okay . Do you understand the position we 're in here . What we 're looking for actual documentation of increased use over what our survey said was there in 1981 . And we have your best recollection but we don't have anything we can kind of sink our teeth into . Gary Carlson: Well I can bring , a lot of the people that use it in the 70 's and 80 's have retired and moved off of the lots . We have new families in there and they haven 't launched there yet . So we have always launched a boat there but we 're not going to be a launch for 25 homeowners and then they 're calling their aunts and uncles and friends and relatives- If I can get into the fact that it can only be used and we would like tha use to continue , it can only be used by the heirs and assigns of Schmid 's Acre Tract . And by the way , can only be used for the private use of the - heirs so that means I can 't invite the public . In fact the City of Chanhassen owns one of the Schmid 's Acre tracts and so does the City of Shorewood owns one . Batzli : Do you have covenants amongst the tracts? Gary Carlson : The thing is on this particular parcel . We 're coming in a a courtesy to the city to get this permit . It 's grandfathered number one Number two , it lies entirely within a private person 's property . It 's as if Kathryn owned a lake lot and she gave us permission from now on for tha other people who live across the street from her to use and come onto her property . This is privately owned by a private party , not me . So it 's not like the normal lake access where the people hold it in common . Batzli : I believe it . Gary Carlson: We have the right to come on to Kenneth Durr 's property , - the 50 feet wide strip to ingress and egress the lake and that was set up by Schmid and his heirs in 1914 when he platted . So that his relatives that owned off lake could use that and we now live on his properties and we don 't want to expand it beyond the 25 families who now use it . Batzli : Okay . We may have questions for you when we , thank you for coming . It 's an interesting one . Gary Carlson : We want to leave it with it 's current nature and there 's no improvements we can put on it without going through a permitting process - of the city so it 's basically so that you can have that defined and not _ Planning Commission Meeting March 17 , 1993 - Page 56 let it get expanded . We don 't want to expand it . What we 're asking for is just the minimum . I mean you 've got to be able to put one dock there occasionally and you have to be able to go swimming there and you like to , if we need to launch a boat , the road goes right into the lake . Batzli : Okay , thank you for your comments . Is there anyone else that would like to address the Commission? Yes please . Dale Keehl : My name is Dale Keehl . I live at 3841 West 62nd Street . I just purchased the house last fall from a Mr . Gelsich who I 've worked with for the past 24 years . As far as I don 't , I 've never used the access . It was one of the reasons that I bought the house was because I have two young boys and we like to fish and stuff and I thought it would be a nice way to get to the lake and not necessarily use it as a boat launch . I don 't need that or to leave a boat on the lake . I just like a place I can get to the lake . Like I said , I 've known the Gelsich 's for 20 some years and how they used it with their boys and as far as leaving boats there and that , it was just an overnight thing and that , I was on the access a couple times with them and I would just like to see it kept so I could use it with my boys . Thank you . Batzli : Thank you . Would anyone else like to address the Commission? Is there a motion to close the public hearing? Scott moved , Mancino seconded to close the public hearing . All voted in favor and the motion carried . The public hearing was closed . Batzli : Okay Jeff , why don 't you start . Farmakes : I 've been consistent on this thing and I want to remain consistent . Batzli : I know . I really shouldn 't have started with you should I . Farmakes : I think the ordinance is pretty clear and I 'm really not going to go on . The applicant knows apparently from discussing it here what the ordinance , the intent of the ordinance is to do and what we 're arguing about here perhaps is not access but expanding the use . If the city took a survey there , was down there and one of the boats happened to be missing from the dock , I could take that as a plausible event , and I don 't think that that 's being inconsistent . The City 's tact with that survey was not totally inclusive and I think that there 's some reasonable leeway there . The difference of what you 're asking seems to me to be pretty slight and I would be fine with the extra boat versus the survey . The issue of storage , I don 't think that we 've gotten super critical with the issue of storage off of the dock itself . The issue of access though , I 'm not sure if I , that would seem to me to be an expansion of use . If you were to improve that and utilize that for a true boat launching and that would seem to me to be inconsistent with what we can do . That 's it . Batzli : But you would agree that they should have a boat launch? Farmakes : No . That would be an expansion of use . And that would be inconsistent with what we 've been doing . Planning Commission Meeting March 17 , 1993 - Page 57 Batzli : Let me ask one question . On the issue of launching . You can still launch your boat over at the public launch . You just can 't park over there . Or do they actually cut it off after 45 people have launched Gary Carlson: I think after so many boats and trailers have gone through the gate . Otherwise they can 't . . .or you have to wait for a boat and trailer to leave the park . I supposed , I don 't know if at the gate you explained to the person at the gate that you just wanted to launch and take the boat somewhere else . I 'm not sure on that either . I guess I didn 't cover the parking either . We don 't all go down and park our cars . If it 's the 4th of July and he has all his relatives , all 14 of them . In other words , if there 's a little family picnic there and you park your cars . . .and they park all the way to the driveway out , there wil ' be 10 cars there but we 're not asking to have any cars parking . We 're no asking to expand on the parking . So if there 's 10 cars down there . . .but we 're not asking for a 10 car parking lot either . Batzli : Did you have something? Dale Keehl : I do think you can launch over there and drive out . I used to know the guy that took care of it over there and I do think that is possible . Aanenson: I think that 's what a lot of the other associations do too . They can 't dock overnight . Batzli : Right . Joe . Scott : I don 't know . This is a personal comment and not necessarily made as a Planning Commissioner but this is my first shot at a lake situation . - I don 't know . Has there been any problems with how these people have bee using the dock? I mean it seems like we 're trying to go back into the history and nobody really has a good beat on it and the one day survey 's - not an indication of use I guess . Has there been any reason to , or any indication that these people have not been utilizing this piece of land for whatever it 's supposed to be utilized , I mean has there ever been any problem with these people? Aanenson: Not to my knowledge . Scott : Well , and I don 't expect you to know full knowledge . As far as I 'm concerned , I think we should just , they don 't have a tremendous amount of space to work with . It doesn 't seem like there 's heavy use . I think we should grant them their non-conforming use . That 's the end of my discussion . Batzli : So do you feel comfortable with what they 've asked for in view o - what we think they 've had in the past? Scott : We don 't really know what they 've had in the past and I don 't think you can determine it from a one shot aerial photograph or somebody wandering down there so I 'd take them on their word and let it go with it . Planning Commission Meeting March 17 , 1993 - Page 58 Batzli : Okay . That 's a fair assessment . I think Matt may present the opposing viewpoint here though . Go ahead . Scott : Which is fine . Ledvina : You know I feel that we do have to evaluate the survey and take what we can from that survey . I agree with Jeff 's position . A boat can be out on the lake . We 've gone over that many times . I don 't need to do that here . So I would be in favor of allowing one boat to be docked overnight at the dock . The other conditions are fine but I would draw the line at the boat launch because I think there 's other issues that are associated with a boat launch that relate to environmental effects and control and things like that . So I would not support approving the boat launch . Batzli : Parking 's okay? Boats on land are okay? — Ledvina : That 's all fine . Everything else is fine as far as I 'm concerned . And again the major issue that we 've been dealing with is boats docked and I would see that 1 would be a reasonable situation for this beachiot . Farmakes : Well it 's 1 or 2 . Batzli : Well we 've got to come up with a number eventually . Ledvina : I would support 1 . Farmakes : There 's a 50% difference . Batzli : Or 100% if it 's 1 . Okay Ladd . Conrad: I don 't believe the boat launch is acceptable . I think the other requests are okay . Boats docked can be , well it 's not docked . Boats on land . I think we 're asking how many can be on land , right? Aanenson : Yeah . Some of those associations , I think it was like Pleasant Grove , they had actually boats for fishing that they left on land and they just brought the motors down . So it 's question of should we qualify that . They 're always there . That 's kind of what they do here . They tie them up or chain them up to a tree . Conrad: So again , I think I 'm okay with everything other than the boat launch . Batzli : Do you want 1 or 2 boats? Conrad: 1 . Batzli : Both cases? On land and on dock? Conrad : I think we 're only , I was responding to a recommendation that , I didn 't think we were making a recommendation on the dock . Planning Commission Meeting March 17 , 1993 - Page 59 Aanenson: Well you have to decide if you feel it 's consistent . They 're saying that they had one dock . We 're saying , whoever did the survey in '81 saw one dock . The 45 feet again , that can fluctuate with the level of_ the lake . What the ordinance says is 50 feet maximum or to get a depth o 4 feet . So really if you feel like that 's consistent that they had a dock , and he says they had a dock , if you feel that 's . Conrad: The dock 's fine . Boat on land . One boat on land . Boats on doc overnight , no . Swimming beach is okay . I find a conflict between the one 1981 inventory where we showing off street parking of 5 to 6 and on our - inventory in '81 , '86 and '91 showing no , no , no . I don 't understand that . But on the other hand , I 'm not hearing any neighbors complaining Sy I guess I could accept the off street parking . Batzli : Okay . Diane . Harberts : Just no to the boat launch . Everything else I agree with . I ' ' like 2 boats so I know where he 's coming from . Batzli : Okay , Mancino: Well after hearing you wise people , I 'm for the dock . 10 off street parking . No boat launch . 1 canoe rack . 1 boat on land . 1 boat docked . Is there anything else? I think that 's it . Batzli : Okay . I think what you 're hearing so far is that we don 't have a problem with your use other than the launch and what you need to do is , what we 're going to about to do , I get the feeling , is we 're going to mak a recommendation . If you can present evidence to the City Council that your property was used as a launch back in 1981 , you will probably convince them to also include the launch but you haven 't given us enough evidence to feel comfortable giving that to you here tonight . If you can find pictures . If you can have people come in . Whatever . What we 've been trying to do is put the burden on the applicant . If it 's above what we thought was there , you have the burden to prove to us that it was used in that way . We 're not trying to take it away , something that you 've been doing but you need to give us something so that we can hang our hat on it - and say yeah , go ahead and continue to use it that way . So between now and when this goes to City Council , if you have a picture of somebody launching their boat , whatever you know . Harberts : Can it just be a written letter? Batzli : Well we 've gotten those from people as well . We 've gotten affidavits from people saying . Aanenson: Pictures , yeah . Batzli : Pictures , whatever . But we didn 't get really much of anything and I think there was just a level of discomfort that by making it a launch , you 've increased the intensity . Whereas a couple boats on there , fishing boats , things , that 's not a real intense use . And that 's what this whole thing is intended to do is to keep these small beachlots from Planning Commission Meeting March 17 , 1993 - Page 60 becoming real intense and irritating the people around them and over crowding the lake . Okay? Gary Carlson: I think we should accept your recommendation . . . Batzli : Okay . Gary Carlson: Because two things will happen . First of all , when you say launch , a boat and trailer . . .If someone sees that it 's a , the only people who will launch will be my neighbor . . .but if you say launch and I tell everyone there 's going to be a launch . Batzli : Well we 're going to say no launch in a minute so don 't worry about that . Gary Carlson: If you say no launch , fine . Batzli : Okay . Do we have a motion? Ledvina : I would move that the Planning Commission recommend the approval of the Non-Conforming Recreational Beachlot permit application by Schmid 's Acre according to or consistent with the request and specifically with these exceptions . The number of boats docked to 1 . Number of boats on land being 1 and an exception to the request for a boat launch . No boat launch . Batzli : Is there a second? Mancino : Second . Batzli : Is there any discussion? Ledvina moved, Mancino seconded that the Planning Commission recommend approval of Non-Conforming Use Permit for a Recreational Beachlot for Schmid 's Acres with the continued use of one dock , 1 boat parked at the dock , 1 boat parked on land , off street parking for 10, 1 canoe rack , and no boat launch permitted . All voted in favor and the motion carried unanimously. Batzli : When does this go to the Council? Aanenson : It should be on April 12th . PUBLIC HEARING: CONCEPT PLAN TO REZONE PROPERTY FROM BG, GENERAL BUSINESS TO PUD , PLANNED UNIT DEVELOPMENT FOR EXPANSION OF AN OFFICE AND MANUFACTURING FACILITY LOCATED AT 7900 MONTEREY DRIVE , WEST ONE EXPANSION, DOUG HANSON , WEST ONE PROPERTIES . Jo Ann Olsen presented the staff report on this item . Chairman Batzli called the public hearing to order . Doug Hanson: I 'm Doug Hanson . I live in Minnetonka . CITY 0 F PC DATE: 6/2/93 CC DATE: 6/14/93 CHANHASSEN r CASE #: 93-1 PUD By: Al-Jaff STAFF REPORT PROPOSAL: 1. Preliminary Plat and Preliminary/Final PUD Development Plan Approval for Rezoning of Property from B, General Business to be rezoned to PUD, Planned Unit Development Z 2. Comprehensive Plan amendment to allow light industrial use on < property guided for commercial use 3. Site Plan Review for an 12,735 Square Foot Addition J LOCATION: 7900 Kerber Boulevard - Chaska Machine and Tool, Inc., Lots 3, 4 and 5, a. Burdick Park APPLICANT: Doug Hanson Q 17001 Stodola Road Minnetonka, MN 55345 PRESENT ZONING: B, General Business ACREAGE: 97,163 square feet 2.2 acres DENSITY: n/a ' ADJACENT ZONING AND LAND USE: N - B, vacant S - Highway 5/Twin City Western Railroad 17 E - PUD, Market Square/City owned outlot 0 W - PUD, Target Lid WATER AND SEWER: Available to the site. PHYSICAL CHARACTER.: The site has an existing light manufacturing building with Cl) a parking lot, landscaping and utilities. 2000 LAND USE PLAN: Commercial Chaska Machine June 2, 1993 Page 2 — PROPOSAL/SUMMARY The applicant, Doug Hanson, was involved in the initial development of this site and has requested approval to expand the existing building onto Lot 3, Block 2 Burdick Park. The site is located north of Highway 5 and Twin City Western Railroad, west of Market Square, and east — of Target. It is an "L" shaped parcel with an area 2.2 acres. The proposal consists of a preliminary and final development plan for rezoning from B to PUD, site plan approval and a comprehensive plan amendment. Preliminary plat approval is also being requested. Conceptual — approval was given by the Planning Commission on March 17, 1993, and by the City Council on April 12, 1993. Chaska Machine and Tool, Inc., which is a light manufacturing facility with an employment base of 40 (30 during the day shift and 10 during the evening shift) occupies the building. The shifts are from 6:30 a.m. - 4:30 p.m. and 4:30 p.m. to 3:30 a.m. The business is a metal stamping — facility and the loading dock/truck activity is minimal and only used during the day. The zoning of the property has been changed, since the original approval, from I-1, Industrial to B, General Business. This was done under an effort to remove non-conforming uses from the CBD in — support of redevelopment efforts. The B, General Business District does not permit industrial uses such as manufacturing. Therefore, the existing use is now non-conforming and cannot be expanded. There is one lot left vacant adjacent and to the south of the existing building (Lot 3, Block 2, — Burdick Park). This parcel is owned by the Chanhassen HRA. The existing building and Lot 3 are located at the end of Kerber Boulevard, between Market Square and Target/City owned outlot. The site is bordered to the south by Highway 5 right-of-way. Staff visited the site to — determine how the existing use fit in with the newly developed properties adjacent to it and to determine if the site was suitable for commercial uses. The remaining lot (Lot 3) is less than an acre in size, is not easily seen from West 78th Street (where it would receive access) or Highway 5 and abuts the rear parking lot and outdoor storage area of Market Square and Target. With these circumstances, staff did not feel that a new user would find this site to be appropriate for a commercial use. Also, staff felt that the existing facility was low level industrial and has — proven to be compatible with the surrounding property and uses. Both the existing building and vacant parcel have poor visibility from W. 78th Street and virtually no visibility from Hwy. 5. We concluded that retail commercial uses were not likely to be a realistic option in this area and — support the request to rezone both parcels to allow for an expansion of the existing use. The only options the applicant has to expand the site is to rezone the property to IOP, Industrial — Office Park or PUD, Planned Unit Development. Staff did not feel rezoning the site to IOP, Industrial Office Park was appropriate. We did not wish to open the site up to any industrial use. Instead we recommended the applicant apply for rezoning to PUD, Planned Unit Development. The intent of a PUD is to develop flexible zoning while creating a higher standard of Chaska Machine June 2, 1993 Page 3 development. Part of the PUD process is to establish development standards by which the site plan will be required to adhere to. This PUD will be governed by the final development plan. The overall preliminary site plan appears to be in order and well designed; however, there are still a few areas of concern. These are generally of a more minor nature and are described in the staff report. The intended use of this building is office, light manufacturing, and warehousing. Standards are proposed to be incorporated with the PUD agreement that would limit all future use of the site to low impact ones consistent with its surroundings. We are proposing that significant new plantings of over-story trees be provided between the site and Hwy. 5 to expand the "Target" forest to the east. The applicant is proposing to develop this site in two phases. The proposed 12,735 square foot addition will take place as soon as the City approves the proposal. The second phase is a future expansion of 5,400 square feet. Staff found that the phase I expansion will actually bring the site into compliance with the hard surface coverage maximum of 70%, decreasing it from the current 80.27% to 67.22%. However, the second phase expansion that is conceptually illustrated would raised coverage up to 72.7%. Staff is recommending that the future phase be decreased in size to comply with PUD standards. A future site plan approval will be required when Phase H construction is proposed. The comprehensive plan designates this property as commercial. The comprehensive plan will have to be amended as part of the application process to designate the subject site as industrial. The project is expected to receive Tax Increment Financing assistance through the City's Housing and Redevelopment Authority. Staff believes the proposal, combined with conditions proposed by staff, will be effective in providing satisfactory development. Through the PUD ordinances, the proposed expansion to the facility will be allowed and the city will be able to maintain control on the improvements and uses. Staff finds the proposed PUD, plat and site plan to be acceptable and is recommending approval of the preliminary and final stage of the PUD plan, preliminary plat, comprehensive plan amendment, and site plan subject to proposed conditions. BACKGROUND On April 16, 1973, the subject site was zoned I-1, Industrial. On June 12, 1978, the City Council approved a site plan for an office/warehouse/manufacturing facility on Lots 4 and 5, Burdick Park. The site plan was approved with conditions and a variance to setback requirements (see Attachment #1). The site was developed meeting the original conditions of approval. On March 17, 1993, the Planning Commission reviewed a concept plan for the expansion of the existing building and unanimously recommended approval of it, with an added condition of an Chaska Machine June 2, 1993 Page 4 — improved architectural appearance to the building and the incorporation of transit planning to the site design. On April 12, 1993, the plan was reviewed by the City Council and approved as — recommended by the Planning Commission. REZONING — Justification for Rezoning to PUD The applicant is requesting to rezone 2.2 acres from B, General Business to PUD, Planned Unit Development. The following review constitutes an evaluation of the PUD request. The review criteria is taken from the intent section of the PUD Ordinance. — Section 20-501. Intent Planned unit developments offer enhanced flexibility to develop a site through the relaxation of most normal zoning district standards. The use of the PUD zoning also allows for a greater — variety of uses, internal transfer of density, construction phasing and a potential for lower development costs. In exchange for this enhanced flexibility, the city has the expectation that the development plan will result in a significantly higher quality and more sensitive proposal than would have been the case with the other, more standard zoning districts. It will be the applicant's responsibility to demonstrate that the City's expectations are to be realized as evaluated against the following criteria: — Planned unit developments are to encourage the following: 1. Preservation of desirable site characteristics and open space and protection of sensitive environmental features, including steep slopes, mature trees, creeks, wetlands, lakes and scenic views. Finding. There is a stand of trees located on the southwest corner of the site. These trees are an extension of a significant wooded area, owned by the HRA, separating the Target site from the subject site. These trees include oak, elm, ash, basswood and box elder. Staff is recommending a preservation easement over the southwest corner of the site be dedicated, so that the trees are preserved. These trees are highly visible from the Hwy. — 5 corridor and their preservation will be an asset to the city. They will offer some screening of a portion of the building and all loading areas. We are also requiring the addition of substantial new over-story tree plantings in this area to expand upon the — preserved forest. 2. More efficient and effective use of land, open space and public facilities through mixing — of land uses and assembly and development of land in larger parcels. Chaska Machine June 2, 1993 Page 5 Finding. There is one lot left vacant adjacent and to the south of the existing building (Lot 3, Block 2 Burdick Park). This parcel is owned by the Chanhassen HRA. The existing building and Lot 3 are located at the end of Kerber Boulevard, between Market Square and Target/City owned outlot. The site is bordered on the south by Highway 5 right-of-way. Staff visited the site to determine how the existing use fit in with the newly developed properties adjacent to it and to determine if the site was suitable for commercial and therefore, commercial zoning should be maintained. The remaining lot (Lot 3) is less than an acre in size, is not easily seen from West 78th Street (where it would receive access) or Highway 5 and abuts the rear parking lot and outdoor storage area of Market Square and the Target Store. With these circumstances, staff did not feel that a new user would find this site to be appropriate for a commercial use. Also, staff felt that the existing facility was low level industrial and has proven to be compatible with the surrounding property and uses. 3. High quality design and design compatibility with surrounding land uses, including both existing and planned. Site planning, landscaping and building architecture should reflect higher quality design than is found elsewhere in the community. Finding. The applicant is proposing to use materials compatible with the existing building. Typically with a PUD, the city would require higher quality architectural design than what exists and is being proposed. Since the desire with this situation is to have the expansion match the existing building, staff would agree to some of the proposed architectural design. The Planning Commission and City Council approved the Concept plan with the condition that "The expansion of the building shall match and enhance the architectural design of the existing building." In order to meet this condition, staff is recommending the rock face concrete block remain as the main material used on the building, however, the building architectural design has to be revised by adding some elements such as pitched roof entrances into the building and removing the existing roof top wood screen to replace it with a material that will compliment the pitched roof material. Staff is opposed to the use of wood enclosure to screen roof top equipment as they normally wither under the elements. Staff would prefer to see the existing wood removed and replaced by glazed tile to fit in with the architectural theme set by Target and the Market Square Shopping Center to accent the building. 4. Sensitive development in transitional areas located between different land uses and along significant corridors within the city will be encouraged. Finding. Staff is recommending additional landscaping be provided along the south, east, and north. The back of the building will be against the trees and all loading will be screened from view. It will also expand upon a protected forest area considered important _ as part of the Highway 5 corridor. Chaska Machine June 2, 1993 Page 6 — 5. Development which is consistent with the Comprehensive Plan. Findin . The Comprehensive Plan guides this area for commercial development. A guide plan amendment is being requested and proposed for approval by staff for reasons outlined previously. — 6. Parks and open space. The creation of public open space may be required by the city. Such park and open space shall be consistent with the Comprehensive Park Plan and overall trail plan. Finding. The Park and Recreation Commission has recommended that park and trail fees — be received in lieu of park and trail dedication. 7. Provision of housing affordable to all income groups if appropriate with the PUD. — Findin . Not applicable to this proposal. 8. Energy conservation through the use of more efficient building designs and sightings and the clustering of buildings and land uses. Finding. Chanhassen is actively involved with public transportation. The applicant has requested Southwest Metro Transit seek to provide public transit to the site probably as dial-a-ride or van pool service. Also, the city is one of the few suburban communities that is able to have a pedestrian oriented CBD. This is made possible by the creation of a centralized "downtown." There is a park and ride facility in the area and the downtown is connected by sidewalks. 9. Use of traffic management and design techniques to reduce the potential for traffic — conflicts. Improvements to area roads and intersections may be required as appropriate. Finding. Access to this site will be from Kerber Boulevard, via West 78th. The City _ Council has recently approved the location of 4 traffic signals on West 78th Street. This will help regulate traffic, which will allow easier access into the site. The PUD ordinance establishes a same minimum district size but allows the city to waive this standard under several conditions. We find that the proposed request is consistent with condition #1 & #2 as follows and are recommending that the area requirement be — waived. Section 20-503. District size and location. — Chaska Machine June 2, 1993 Page 7 (a) Each PUD shall have a minimum area of five (5) acres, unless the applicant can demonstrate the existence of one of the following: (1) Unusual physical features of the property itself or of the surrounding neighborhood such that development as a PUD will conserve a physical or topographic feature of importance to the neighborhood or community. (2) The property is directly adjacent to or across a right-of-way from property which has been developed previously as a PUD or planned unit residential development and will be perceived as and will function as an extension of that previously approved development. Summary of Rezoning to PUD Rezoning the property to PUD provides the applicant with flexibility but allows the city to request additional improvements and some of the site's features can be better protected. The reduced standards allow the expansion of a light manufacturing nonconforming business in the CBD. In return for reducing the standards, the city is receiving: • Screening of undesirable view of loading areas • Preservation existing and requiring additional trees • Improved architectural standards including; pitched roof, uniform architecture • Encouraging Public Transit PRELIMINARY AND FINAL STAGE PUD PLAN APPROVAL Development Standards/Site Plan Review Staff is proposing the following development standards be used for this PUD plan and incorporated into the PUD agreement. a. Intent The purpose of this zone is to create a PUD that would allow the expansion of an existing office/light manufacturing use. It is intended that this use be operated and maintained to preserve its low intensity character to ensure its compatibility with surrounding uses and the greater Chanhassen Central Business District. b. Permitted Uses The permitted uses in this zone are limited to the light industrial/office or less intensive uses than the existing use. The uses shall be limited to those as defined herein. If there Chaska Machine June 2, 1993 Page 8 is a question as to the whether or not a use meets the definition, the Planning Director shall make that interpretation. — 1. Light Manufacturing* 2. Retail** 3. Newspaper and small printing offices — 4. Veterinary Clinic 5. Animal Hospital 6. Offices — *Light manufacturing is subject to the following limitations: - no visible emissions of smoke no noise emissions exceeding the MnPCA standards measured at the property line. No outdoor,unscreened storage of materials,trash storage, shipping — pallets or other materials - no overnight parking of trucks - all parking must be accommodated on-site **Retail uses are subject to the following limitations: - signage consistent with approved sign package retail uses must be consistent with the site's restricted parking c. Setbacks The setback of the majority of the building has been set by the existing portion. The _ addition will maintain a minimum of 65 feet from Kerber Boulevard. In the PUD standards, the building setback is 50 feet from any public right-of-way. The future expansion must comply with this setback standard as well. The parking setback on the — west received a variance on June 12, 1978, to allow a zero setback from the lot line. Chaska Machine June 2, 1993 Page 9 d. Development Standards Tabulation Box USE Lot Area Bldg. Sq. Parking Impervious Bldg. Parking ft. Surface Setback Setback Ordinance 5 acres 43 70% Front-and Front -30' required rear - 30' Side street- Side-10' 25' Side - 10' Existing 49,138 19,980 43 80.27% W-45/N-25 W-0/N-25 E-65/S-80 E-20/S-na Proposed 48,025 12,735 51 67.22% W-45/N-na **** Phase I E-100/S-70 W-0/N-na E-na/S-34 Future to be added 5,400 59 72.7% W-45/N-na W-na/N-na Phase II to proposed E-34/S-34 E-20/S-30 Concept bldg. on same lot 97,163*** 38,115 59 72.7% s.f./2.2 acres * The PUD standard for hard surface coverage is 70%. The existing impervious surface exceeds the requirements, however, with the proposed addition, the impervious surface will be brought into compliance. However, the phase II addition would again raise it above the standards. Staff is recommending that a revised concept be submitted illustrating a smaller phase II building footprint to bring the plan into compliance with the 70% maximum. ** The City Code requires a minimum area of five (5) acres for a PUD unless the applicant can demonstrate unique physical features of the site. There is no way for the site to contain five acres as it is abutted by Highway 5, Pica Drive, city property and Market Square. The site is also located adjacent to the Target PUD. For these reasons, we believe it is reasonable to waive the 5 acre standard as allowed by the ordinance. *** Waiver of PUD minimum area requirements is recommended. **** Existing variance. Chaska Machine June 2, 1993 Page 10 e. Building Materials and Design Applicant's Proposal. The developer is proposing that the addition use the same material and architectural design as the existing building. Finding. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. 1. All materials shall be of high quality and durable. Concrete block, same as the type used on the existing building, shall be used. Color shall be introduced through colored block, panels or glazed tile. Painted surfaces shall not be allowed. 2. All accessory structures shall be designed to be compatible with the primary structure. All ground mounted equipment, trash storage, etc. to be fully screened by compatible masonry walls. 3. All roof mounted equipment shall be screened by pitched roofs. Wood screen fences are prohibited. Screening shall consist of compatible materials. 4. Future additions shall have a pitched roof line and use architectural themes consistent with the existing and proposed building, the Target store, Market Square, and the Chanhassen CBD. Revised plans are required. f. Site Landscaping and Screening Applicant's Proposal. The applicant has prepared a landscaping plan that shows the addition of 7 trees. The existing trees along the southwest corner of the site will be preserved. The landscaping plan could do a better job of buffering parking lots and breaking up the expanse of the building. Tree preservation is a positive, if minor, element. Finding. In addition, to adhere to the higher quality of development as spelled out in the PUD zone, all loading areas shall be screened. Twenty additional trees shall be provided along the south portion of the site. They are required to extend the protected forested area eastward. Ultimately, we anticipate there being additional plantings on city-owned land further to the east. This reforestation is consistent with the goals of draft Hwy. 5 — planning efforts and to screen less desirable views of the south edge of the CBD. Trees should be over-story and selected from the approved tree list. All plant materials must meet minimum size specifications. Tree plantings may be installed partially on city — owned land located adjacent to the site. Chaska Machine June 2, 1993 Page 11 1. All open spaces and non-parking lot surfaces shall be landscaped, covered with plantings and/or lawn material. 2. Unscreened outdoor storage is prohibited. 3. Loading areas shall be screened from public right-of-ways. 4. The future expansion area shall be seeded and maintained in a weed free condition. 5. Tree preservation areas shall be clearly staked and marked by snow fence prior to the start of grading. Staff will use its discretion to require minor revisions to grading including the potential use of retaining walls, if it appears that tree preservation will benefit. Protected trees lost due to development activity shall be replaced on a caliper inch basis. 6. A satisfactory letter of credit to ensure compliance with approved plans shall be provided prior to the start of grading. g. Signage No signage is proposed at this time, however, the site contain an existing wall mounted sign. 1. Each business shall be allowed one wall mounted sign. The total of all wall mounted sign display areas shall not exceed fifteen (15) percent of the total area of the building wall upon which the signs are mounted. 2. All signs require a separate permit. 3. The signage will have consistency throughout the development and shall tie the building materials to be consistent with the signs. Signs shall be an architectural feature, and shall not be solely mounted on a pole of a foundation. 4. Consistency in signage shall relate to color, size, materials, and heights. 5. Temporary signs will be allowed in a manner consistent with the city sign code. h. Lighting No additional lights are being proposed. Chaska Machine June 2, 1993 Page 12 — Finding. 1. All light fixtures shall be shielded high pressure sodium fixtures. Light level for site lighting shall be no more than ' candle at the property line. This does not apply to street lighting. _ 2. Glare, whether direct or reflected as differentiated from general illumination, shall not be visible beyond the limits of the site from which it originates. _ 3. Lights shall be on a photoelectric cell to turn them on and off automatically as activated by yearly conditions. _ 4. Light poles shall use shoe box light standards. Streets/Access/Parking This property can be accessed via Picha Drive to the north and Kerber Drive to the east. Picha — Drive will lead into the Target site and could attract traffic. Staff is recommending stop signs be located at the two exit points facing Picha Drive. There will be a total of 51 parking stalls. The applicant is providing for 59 parking spaces. The City Code would only require 43 parking — spaces (including one for a company vehicle). Therefore, 59 parking spaces are not necessary and the applicant can remove some of the parking area and replace it with landscaped open space. Some of the proposed parking is an extension of existing parking at the rear of the — building. The applicant is proposing to continue to have this parking adjacent to the westerly lot line with no setback. This area abuts open space that has existing vegetation and which will never be developed. Staff would prefer to keep the parking in this area rather than add parking to the front of the building. Therefore, staff does not object to keeping the zero setback for the rear parking. — Access to the site is obtained via Picha Drive and Kerber Drive. There are to access points onto Picha Drive which eventually leads into Target. Staff is recommending a stop sign be installed at each exit point on Picha Drive. Utilities — The existing building is connected to municipal sewer and water. The plans propose to extend another sewer and water line to serve the building expansion. The appropriate connection and — hookup fees will be required at the time of building permit issuance. Chaska Machine June 2, 1993 Page 13 Grading and Drainage The grading plan does not indicate the existing underlying ground contours. It is difficult to determine the amount of earthwork involved with this expansion although it appears the end use contours are acceptable. A storm sewer line is proposed to be extended from the existing storm sewer in Picha Drive near the Target entrance to the southwest corner of the parking lot. The catch basin will catch runoff from the new parking lot, driveway and building rooftop areas. The storm sewer will convey runoff to the newly created retention pond on the Target site. Since the storm sewer connection is within the City's boulevard, the applicant should escrow $500.00 to guarantee boulevard restoration. Connection to the City's storm sewer will need to be inspected by City staff. The site plan proposes concrete curb and gutter around the perimeter of the new driveway and parking lot. The existing westerly parking lot behind the building currently sheet drains westerly into the woods. Staff is comfortable with this drainage pattern and recommends no further drainage improvements at this time. Staff is requesting site drainage calculations prepared by a professional engineer be submitted to the City for review. Erosion Control Erosion control measures are not illustrated on the plans. Staff recommends that erosion control fence (Type I) be installed along the easterly, southerly and a portion of the westerly property line at the grading limits. Based on the landscape plan, it appears all disturbed areas will be restored with sod. Park and Recreation The property will be subject to park and trail fees. These fees are to be collected at the time of building permit application at the rate then in force. Current industrial/commercial fee rates are $3,000/acre for park, and $1,000/acre for trail. In determining the acreage to be assessed, the Park and Recreation Director was unable to locate the building permit file for the existing building. Assuming that the platting incorporates both lots and that the original permit did not include park and trail fees, the entire plat (95,394 sq. ft.) will be subject to fees. If fees were paid on the original permit, only the addition (34,236 sq. ft.) will be subject to park and trail fees. RECOMMENDATION Staff recommends the Planning Commission adopt the following motion: "The Planning Commission recommends approval to rezone 97,163 square feet of B, General Business to PUD, approve preliminary and final development plans, preliminary plat approval and comprehensive plan amendment from commercial to office/industrial as shown in plans dated Chaska Machine June 2, 1993 Page 14 — April 19, 1993, and with a waiver of the 5 acre minimum PUD zone requirement subject to the following conditions: 1. Preliminary and Final Plat approval combining Lots 3, 4 and 5, Burdick Park into one lot with appropriate easements. All typical utility and drainage easements shall be dedicated to the city on the Final Plat. 2. Rezoning approval from BG, General Business to PUD, Planned Unit Development. — 3. The expansion of the building shall match and enhance the architectural design of the existing building. Rock face concrete block shall remain as the main material used on the building, however, the building architectural design has to be revised by adding some elements such as pitched roof entrances into the building and removing the existing roof top wood screen to replace it with a material that will compliment the pitched roof material. Staff is opposed to the use of wood enclosure to screen roof top equipment as they normally wither under the elements. Staff would prefer to see the existing wood removed and replaced by glazed tile to fit in with the architectural theme set by Target and the Market Square Shopping Center to accent the building. 4. There shall be no unscreened outdoor storage permitted. Existing outdoor storage to be — placed in approved, screened enclosures. 5. The hard cover surface of the site (the three lots) shall not exceed 70%. Revised Phase II concept plans are to be submitted. The Phase II expansion requires a future site plan approval. 6. Prior to rezoning and development, the applicant shall purchase the property in question from the HRA. _ 7. Transit planning shall be incorporated into this development. 8. The applicant shall submit detailed storm sewer calculations prepared by a professional engineer for the City to review. 9. The applicant shall provide a $500 security for connection to the City's storm sewer line and boulevard restoration on Picha Drive. This fee will be refunded upon satisfactorily completing connection and restoration of the City's boulevard. — 10. Type I erosion control fence shall be installed around the perimeter along the grading limits. — 11. Park and trail fees shall be paid at the time of application of building permit. Chaska Machine — June 2, 1993 Page 15 — 12. Approval of the minor comprehensive plan amendment by the Metropolitan Council. 13. Stop signs shall be installed at the exit points to Picha Drive. 14. Meet the conditions of the Fire Marshal. — 15. The PUD Agreement shall include the following conditions: a. Intent The purpose of this zone is to create a PUD that would allow the expansion of an existing office/light manufacturing use. It is intended that this use be operated and maintained to preserve its low intensity character to ensure its compatibility with surrounding uses and the greater Chanhassen Central Business District. b. Permitted Uses — The permitted uses in this zone are limited to the light industrial/office or less intensive uses than the existing use. The uses shall be limited to those as defined herein. If there is a question as to the whether or not a use meets the definition, the Planning Director — shall make that interpretation. 1. Light Manufacturing* 2. Retail** — 3. Newspaper and small printing offices 4. Veterinary Clinic 5. Animal Hospital — 6. Offices *Light manufacturing is subject to the following limitations: no visible emissions of smoke no noise emissions exceeding the MnPCA standards measured at the property line. No outdoor,unscreened storage of materials,trash storage, shipping pallets or other materials - no overnight parking of trucks — - all parking must be accommodated on-site **Retail uses are subject to the following limitations: - signage consistent with approved sign package - retail uses must be consistent with the site's restricted parking Chaska Machine June 2, 1993 Page 16 _ ATTACHMENTS _ 1. Staff report and minutes dated April 12, 1993. 2. Plans dated April 19, 1993. _ � ITY 0F Fr DATE: 3/17/93 LO _ � cHANHAssEN CC DATE: 4/12/93 CASE #: 93-1 PUD By: Olsen/v - STAFF REPORT PROPOSAL: Concept plan approval to allow property zoned BG, General Business to be rezoned to PUD, Planned Unit Development Action by City Administrator QZ6rdors-e - ✓ D t 4 LOCATION: 7900 Monterey Drive - Chaska Machine and Tool, Inc. )404i`ie� V Lots 3, 4 and 5, Burdick Park ite►w.:_' Dar. '-f' b' 1_3 Date Submitted to Commission CL Dee Submrited to Cous+cii - Q APPLICANT: Doug Hanson -1 Z_y 17001 Stodola Road Minnetonka, MN 55345 PRESENT ZONING: BG, General Business ACREAGE: 95,394 square feet DENSITY: n/a ADJACENT ZONING AND LAND USE: N - BG, vacant - Q S - Highway 5 E - BG, Market Square/City owned outlot — Q W - PUD, Target W WATER AND SEWER: Available to the site. PHYSICAL CHARACTER.: The site has an existing light manufacturing building with parking (f) lot improvements, landscaping and utilities. 2000 LAND USE PLAN: Commercial 1 ? *.: .'. ,'^‘ •, , E....::111------", L 0 T U S --- 6900 ,�r, , _+Rta.-�,E�4. p v-.�'`' .5140 A�\�I� �i- ;1.01 fk..7...,,,.." T 1 .. ..-r-r- . . t.,,1r�..71 , ti r l� ; 7.0 0_ sr. ;� :�, ; ; ; �,�. ,; l�, t_�y��T_ 9<7.: Wi l 1 .11 ; % 0G I t-A_Eii ..->T„ 41 • . - ••• - , • Ladf .'� - '. ! L►y'' �y- - -T '� 7230 .sy '•�► �'( P• LAKEr".\.....:,3,1' TWINMAPLE LANE � � ' - rr rte .tom • 1 — — 300 r-§- ,. : ` / ,`YA , 1-1:. i �j' fiff V« BASSWOOD CIRCLE ':- ill `111 S O`4ip 1 KMak FJ R - - 7a00 tit A. = .� sq... == , R12co ' ' I i' ,• A s i 1 1 I.illj ir 15: .44 ria* _\ - . © r '. • _ _ > . ' - C41 ktZ 6 ai. --t--i c A . : . cf) A M'al Ewa EVA law a :r . . --'54 "N ../°. $ 000°7..."-.4- L.L.1 - ----,1 • 1 a■..+d ikificl -teel w I lik . 1 II 2 ._-" ,_ , I Alb )- M . � �. , „ 1 � ini ar J 78TH ST � � / 11we \ , : rr� - . - SUv a ►'Vial°RUE` OM �r • -- W a r 1 ASH / ,:F • . . . �� `T S 5 _PKC DR• miti ,/".- $VT l HANHASS P.Nogoor-- 1. MIA ir: Ill c0 :.4Ar i . r�. z =- '4'1,41ro 1 0 s.' ' o _ '{puvI 4 ■ '.� --8200 it +� lit FRICE < `s `■I� lid MARSH ..." . LAKE S,NNEN - - -_830U Z cIRc�E PARK `� LAKE SUSAN ,�f _ L. UD—R -, �_ �. l -•• 0 ' Iwow •. --- _______ _ __8 . R/CE Ai • 'SH LAKE ,\ Q / i; -'--. West One Expansion Chaska Machine March 17, 1993 Page 2 BACKGROUND On April 16, 1973 the subject site was zoned I-1, Industrial. On June 12, 1978, the City Council approved a site plan for a Office/Warehouse/Manufacturing facility on Lots 4 and 5, Burdick Park. The site plan was approved with conditions and a variance to setback requirements (see attachment #1). The site was developed meeting the original conditions of approval. PROPOS AL/SUMMARY The applicant, Doug Hanson, was involved in the initial development of the subject site and has requested approval to expand the building onto Lot 3, Burdick Park. Chaska Machine and Tool, Inc., which is a light manufacturing facility with an employment base of 40 (30 during the day shift and 10 during the evening shift) occupies the building. The shifts are from 6:30 a.m. - 4:30 p.m. and 4:30 p.m. to 3:30 a.m. The business is a metal stamping facility and the loading dock/truck activity is minimal and only used during the day. The zoning of the property has been changed, since the previous approval, from I-1, Industrial to BG, General Business. The BG, General Business District does not permit industrial uses such as manufacturing. Therefore, the existing use is now non-conforming and cannot be expanded. There is one more lot left vacant adjacent and to the south of the existing building (Lot 3, Burdick Park). This parcel is owned by the Chanhassen HRA. The existing building and Lot 3 are located at the end of Monterey, between Market Square and Target/City owned outlot . The site is bordered to the south by Highway 5 right-of-way. Staff visited the site to determine how the existing use fit in with the newly developed properties adjacent to it and to determine if the site was suitable for commercial and therefore, should be maintained as commercial. The remaining lot (Lot 3) is less than an acre in size, is not easily seen from West 78th Street (where it would receive access) or Highway 5 and abuts the rear parking lot and outdoor storage area of Market Square. With these circumstances, staff did not feel that a new user would find this site to be appropriate for a commercial use. Also, staff felt that the existing facility was low level industrial and has proven to be compatible with the surrounding property and uses. = The only options the applicant has to expand the site is to rezone the property to IOP, Industrial Office Park or PUD, Planned Unit Development. Staff did not feel rezoning the site to IOP, Industrial Office Park was appropriate. We did not wish to open the site up to any industrial use. Instead we recommended the applicant apply for rezoning to PUD, Planned Unit Development. This will allow the proposed expansion to the facility and also allow the city to maintain control on the improvements and uses. The comprehensive plan designates this property as commercial. The comprehensive plan will have to be amended as part of the application process to designate the subject site as industrial. The first step in this process is the concept plan approval. The concept plan allows the applicant to receive direction from the Planning Commission and City Council as to whether they will approve the proposed rezoning. West One Expansion Chaska Machine March 17, 1993 Page 3 PUD The City Code requires the PUD to only be used for the use for which the site is designated in the Comprehensive Plan. As stated above, the property is designated as commercial, and if the PUD is to be approved, the Comprehensive Plan will have to be amended to designate the site as industrial. The City Code requires a minimum area of five (5) acres for a PUD unless the applicant can demonstrate unique physical features of the site. There is no way for the site to contain five acres as it is abutted by Highway 5, Pica Drive, city property and Market Square. The site is also located adjacent to the Target PUD. For these reasons, we believe it is reasonable to waive the 5 acre standard as allowed by the ordinance. The current building is 19,980 square feet and is located on two lots (Lots 4 and 5, Burdick Park). The total area of the two lots is 61,158 square feet. The building is one story and is made of square block with canopies over the entrances. There is parking located at the front and rear of the building. There is no setback for the parking to the rear of the building. This was permitted with a variance in 1978. The applicant is proposing to expand the existing building by 12,735 square feet with a future expansion of 5,400 square feet. The use of the building and expansion will remain the same, which is Chaska Machine and Tool - light manufacturing. The expansion of the building will be of the same material, color and architectural design as the existing building. There are a total of 65 parking stalls which could be provided. Typically with a PUD, the city would require higher quality architectural design than what exists and is being proposed. Since the desire with this situation is to have the expansion match the existing building, staff would agree to the proposed architectural design. The applicant is providing for 65 parking spaces. The City Code would only require 43 parking spaces (including one for a company vehicle). Therefore, 65 parking spaces are not necessary and the applicant can remove some of the parking area and replace it with landscaped open space. Some of the proposed parking is an extension of existing parking at the rear of the building. The applicant is proposing to continue to have this parking adjacent to the westerly lot line with no setback. This area abuts open space that has existing vegetation and which will never be developed. Staff would prefer to keep the parking in this area rather than add parking to the front of the building. Therefore, staff does not object to keeping the zero setback for the rear parking. The hard surface coverage has not yet been calculated, but it cannot exceed 70%. The landscaping plan will have to show existing and proposed vegetation and shall meet the new landscaping regulations. Outdoor storage will not be permitted. RECOMMENDATION Rezoning the property to PUD will allow the expansion of the existing use which has proven to be compatible to the site and surrounding uses. The rezoning will also allow the business to remain in the city and the development of a lot which might otherwise remain vacant if it West One Expansion Chaska Machine March 17, 1993 Page 4 remains zoned commercial. A PUD allows the city more control over the development of the site, such as improved landscaping and site specific conditions (i.e. no outdoor storage). If the site remains as is, it is non-conforming and the city has less control over the site. Since this is only concept plan approval, staff will be recommending general conditions. More detailed review of specific plans (i.e. utilities, grading, landscaping, etc.) will take place at the next phase of approval. Planning Staff recommends the Planning Commission recommend approval of the concept plan request to rezone Lots 3, 4 and 5, Burdick Park from BG, General Business to PUD, Planned Unit Development with the following conditions: 1. The applicant shall receive and meet the conditions of the following approvals: a. Preliminary and Final Plat approval combining Lots 3, 4 and 5, Burdick Park into one lot with appropriate easements. b. Comprehensive Plan amendment changing the land use designation from Commercial to Industrial. c. Site Plan approval for the building expansion. d. Rezoning approval from BG, General Business to PLTD, Planned Unit Development. 2. The site plan shall have to maintain the proposed concept plan, with the proposal being an expansion of the existing building for use by the existing use, light manufacturing. A higher intensity industrial use will not be permitted at this site. 3. The expansion of the building shall match the architectural design of the existing building. 4. There shall be no outdoor storage permitted. 5. All rooftop equipment shall be screened. 6. The hard cover surface of the site (the three lots) shall not exceed 70%. MANAGER'S COMMENTS: Which came first--the chicken or the egg? In this case, staff decided that the Planning Commission's thoughts and concerns should be obtained before asking the HRA if they want to sell their land. Given the battles which occurred in attempting to move Hams, Hendrickson Dry West One Expansion — Chaska Machine March 17, 1993 Page 5 — Wall, Instant Web, FMS, etc., out of downtown; I must admit that an expansion of an industrial user is of concern. Paul advises me that those concerns can be alleviated through the PUD — contract. PLANNING COMMISSION ACTION — The Planning Commission unanimously recommended approval of the concept plan request to rezone Lots 3, 4 and 5, Burdick Park from BG, General Business to PUD, Planned Unit — Development with staff's recommended conditions and adding the following: 7. Prior to rezoning and development, the applicant shall purchase the property in question from the HRA. 8. Transit planning shall be incorporated into this development. CITY COUNCIL RECOMMENDATION — Staff recommends the City Council approve the concept plan request to rezone Lots 3, 4 and 5, Burdick Park from BG, General Business to PUD, Planned Unit Development with the following — conditions: 1. The applicant shall receive and meet the conditions of the following approvals: — a. Preliminary and Final Plat approval combining Lots 3, 4 and 5, Burdick Park into one lot with appropriate easements. — b. Comprehensive Plan amendment changing the land use designation from Commercial to Industrial. — c. Site Plan approval for the building expansion. d. Rezoning approval from BG, General Business to PUD, Planned Unit Development. 2. The site plan shall have to maintain the proposed concept plan, with the proposal being an expansion of the existing building for use by the existing use, light manufacturing. A higher intensity industrial use will not be permitted at this site. 3. The expansion of the building shall match the architectural design of the existing building. — 4. There shall be no outdoor storage permitted. West One Expansion Chaska Machine March 17, 1993 Page 6 5. All rooftop equipment shall be screened. 6. The hard cover surface of the site (the three lots) shall not exceed 70%. 7. Prior to rezoning and development, the applicant shall purchase the property in question from the HRA. 8. Transit planning shall be incorporated into this development. ATTACHMENTS 1. Variance Contract for building. 2. Staff report dated May 7, 1979. 3. Planning Commission minutes dated March 17, 1993. 4. Concept plan. CITY OF CHANHASSEN HANSEN & KLINGELHUTZ CONSTRUCTION, INC. VARIANCE CONTRACT FOR BUILDING AT BUILDING AT PICHA DRIVE AND MANDAN DRIVE WHEREAS, application has been made by Hansen & Klingelhutz Construction, Inc . , a Minnesota corporation, as the developer of a tract of land lying within the City of Chanhassen, and more particularly described on Exhibit A attached hereto and made a part hereof; and by West I Properties, a partnership consisting of Jeffery E. Swedlund, Roxanne Swedlund, Douglas M. Hansen, Beverly J. Hansen, Thomas A. Klingelhutz, Catherine M. Klingelhutz, and Robert O. Nyen, as the proposed owner and operating entity of a 19 , 000 square foot combina- tion office/warehouse/light manufacturing building, hereinafter referred to as "The Building" , to be constructed upon the above described tract of land. (Said corporation and said partnership are hereinafter referred to collectively as "The Applicants") ; and WHEREAS, the subject property is presently zoned I-1, Industrial District; and WHEREAS, the Applicants have requested certain variances from the literal provisions of applicable Chanhassen Ordinances ; and - WHEREAS , §462 . 357 , Subd. 6 of Minnesota Statutes, and §22 . 02 of the Chanhassen Zoning Ordinance authorize the Chanhassen City _ Council to impose conditions upon the granting of such variances to insure compliance and to protect adjacent properties; and WHEREAS , a public hearing was held by the Chanhassen Board of — Adjustments and Appeals on July 6 , 1978 to consider public comment on said variance requests; and WHEREAS, the Chanhassen City Council has , by its resolution dated June 12, 1978 , approved the development plans and certain variance requests of the applicants, as hereinafter described in Paragraph 2, subject only to the issuance by the Chanhassen Board of Adjustments and Appeals of a recommendation that certain variances be approved; and WHEREAS, the Chanhassen Board of Adjustments and Appeals, by its resolution dated July 6, 1978 , approved .the proposal of the Appli- cants as hereinafter set forth; and WHEREAS, the above described resolutions were adopted subject to and on condition that the applicants enter into this variance contract; and WHEREAS, the Chanhassen City Council has determined that the proposed development as described herein substantially complies with the standards set forth in the second full paragraph of §22. 02 of the Chanhassen Zoning Ordinance; -1- NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of Chanhassen (hereinafter referred to as "The City" ) of the Applicants ' development plans and the approval of the above described variance requests, the City and the Applicants agree as follows : 1. Improvements by Applicants . Applicants agree at their expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements in accordance with the site plan and landscape plan described in paragraph 2 below: a. Parking lot and access driveway grading, stabilizing, and bituminous surfacing, b. concrete curbs and gutters abutting all parking lot areas and access driveways, except the western edge whereon a rolled bituminous curb shall be installed, c. storm and surface water drainage, d. boulevard sodding or seeding of uniformly good quality, and e. grounds lighting. 2. Scope of Development Governed by Exhibits . The exterior dimensions , architectural design, decorating scheme, grading plan, loading dock configuration, and placement of structures shall be in conformance with that certain Site Plan dated April , 1978, Site Plan dated May, 1978, Landscape Plan dated April, 1978, undated Ground Floor Plan, undated Exterior Elevation Drawing, Street Construction Plan dated April 13, 1978 as revised by the City Engineer on April 21 , 1978, and Storm Drainage Plan dated April 13, 1978 as revised by the City Engineer on April 21 , 1978, all of which are on file in the office of the Chanhassen Zoning Administrator in File P-481. The building shall be constructed of stacked square block except for a decorative band of vertical fracture block creating a relief effect shadow line. Said block shall be painted in tones of gray or white. The canopies depicted on said elevation drawings shall project outward six (6) feet and night lights shall be provided to illuminate all entrances to the Building. 3 . Effect of Conflicting Ordinance Provisions . The parties hereto acknowledge that the development as described in paragraph 2 above conflicts with the literal provisions for setbacks, load dock con- figuration, front yards, side yards, and rear yards contained in SS12 . 05, 12 . 08 and 9 . 07 of the Chanhassen Zoning Ordinance. The parties hereto furtheracknowledge that, in accordance with the above described resolutions of the Chanhassen Board of Adjustments and Appeals and the City Council, the proposed development may be constructed in conformity with the various plans which are described in paragraph 2, above . 4 . Outside Storage Prohibited. With the exception of trash facilities as hereinafter provided , and with the exception of licensed vehicle parking as hereinafter provided, no equipment or other personal property shall be stored or displayed outside of the building . — -2- 5 . Overnight Parking Requirements. No motor vehicle of larger than 9000 lbs . licensed gross weight shall be parked overnight except in parking spaces #39-58 as shown on parking layout dated 5/78. This area shall permit overnight parking for larger licensed vehicles not to exceed 8 ' x 24 ' . Applicant agrees to review parking within the designated area (parking spaces 39-58) on or about November 1, 1979; and further agrees that in no case shall boats be parked (stored) on the property, and that parking within the designated area shall be tenant oriented parking only. 6 . Parking Lot Configuration. Off-street parking facilities shall be constructed in accordance with the Site Plan described in Paragraph 2 above with the following modification: a. All parking spaces shall be clearly delineated or marked as such and shall have a minimum width of nine (9) feet and a minimum length of twenty (20) feet exclusive of aisles and maneuvering space. b. A clear aisle width of at least eighteen (18) feet shall be provided for all parking spaces located easterly of the building. 7 . Schedule of Work. The Applicants further agree that they shall commence work hereunder immediately, and shall have all work done - and improvements fully completed to the satisfaction and approval of the City on or before August 1, 1979. The Applicants shall submit a written schedule indicating the proposed progress schedule and order of completion of work covered by this contract, which schedule shall be a part of this contract. Upon receipt of written notice from the Applicants of the existence of causes over which the Applicants have no control which will delay the completion of the work, the City, in its discretion, may extend the date hereinbefore specified for completion. 8. Grading Plan and Lighting Plan. No Certificate of Occupancy shall be issued and the Applicants shall not occupy the building until the Applicants ' final grading plan has been reviewed by City staff for purposes of verifying that said grading plan is in complete conformity with all of the provisions of the within permit and contract. Said final grading plan shall include existing contours , proposed grading elevations , drainage configurations , storm water drainage configurations , spot elevations , proposed access driveway road profiles , location and candlepower of all illuminaries , and locations of exterior trash storage areas . 9 . Sign Plan. The Applicants agree to prepare and submit to the City a sign plan, which shall include location, type and dimensions of all proposed exterior signs. No exterior signs shall be erected and no sign permit shall be issued until after said sign plan has been reviewed by the City for purposes of verifying that said sign plan is in conformity with applicable city ordinances. -3- 10 . Landscape Plan. The Applicants agree to prepare and submit to City staff a final landscape plan which shall include location, type and diameters of proposed plantings, description of and locations of all screening devices, and location and elevation of proposed berms . No landscaping permit shall be issued and the Applicants shall perform no landscaping until after said landscape plan has been reviewed by City staff for purposes of verifying that said landscape plan is in conformity with all of the provisions of the within contract. 11. Reimbursement of Costs . The Applicants 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 with- in contract, and the performances thereof by the Applicants . 12 . Performance Bond: For the purpose of assuring to the City that the improvements to be by the Applicants constructed, installed and furnished as set forth in Paragraph 1 hereof shall be constructed, installed and furnished according to the terms of this agreement, and that the Applicants shall pay all claims for work done and materials and supplies furnished for the performance of this agreement, Applicants agree to furnish to the City a cash deposit in the amount of $15, 000 . 00 or in lieu thereof, a corporate surety bond in said amount approved by the City and naming the City as obligee thereunder, being conditioned upon the performance by the Applicants of their obligations hereunder, said sum being equal to 110% of the total cost of such improvements as estimated by Schoell & Madson, Inc . , the City Engineers . 13 . Public Welfare . The establishment, maintenance and operation of the use shall not be detrimental to, nor endanger the public health, safety, comfort or general welfare. 14 . Screening. All trash areas , mechanical equipment, compressors and air conditioning equipment, including roof top equipment, shall be screened from view from West 78th Street, Mandan Drive, and Picha Drive. 15 . Nuisance . The activities conducted on the premises shall not cause the emission of noxious odors, nor cause objectionable noise . The proposed use shall not be injurious to the use and enjoyment of other property, nor diminish nor impair property values in the immediate vicinity. 16 . Public Address System. No public address system or other audio paging system shall be utilized on the subject property which emits noise in excess of the standards set forth in the Chanhassen Zoning Ordinance and all regulations amendatory and supplementary thereto, which standards shall be binding upon the Applicants . 17 . Other Regulations. The Applicants shall comply with all City Ordinances , state laws, and regulations of state agencies and depart- - ments . -4- 18 . Proof of Title. Upon request, the Applicants shall furnish the City with evidence satisfactory to the City that they have acquired fee title to the subject property. 19 . Erosion Control . The Applicants, at their expense, shall provide temporary dams, earthworks , or such other devices and practices , including the seeding or sodding of graded areas , as shall be needed, in the judgment of the City Engineer, to prevent the washing, flooding, sedimentation or erosion of lands and roads within and outside the sub- ject property during all phases of construction. Applicants shall keep all streets free of all dirt and debris resulting from construction by the Applicants or their agents upon the lands described in Exhibit A hereto. 20 . Disclaimer by City. 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 Applicants , the Applicants ' contractors 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 agree- ment or the performance and completion of any work and improvements hereunder; and that the Applicants 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 . 21 . Written Work Orders . The Applicants shall do no work nor furnish materials for which reimbursement is expected from the City unless a written order for such work or materials is received from the City Manager. Any such work or materials which may be done or fur- nished by the Applicants without such written order first being given shall be at its own risk, cost and expense, and Applicants hereby agree that without such written order, Applicants will make no claim for com- pensation for work or materials so done or furnished. 22 . Liability Insurance . The Applicants shall take out and main- tain, until the time of completion of the Building and the improvements described in 1;1 above, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Applicants ' work or the work of their subcontractors , or by one directly or indirectly employed by any of them. Limits for bodily injury or death shall be not less than $100, 000 for one person and $300, 000 for each accident; limits for property damage shall be not less than $100, 000 for each accident. The City shall be - named as co-insured on said policy and the Applicants shall file a copy of the insurance coverage with the City . 23 . Remedies Upon Default. a . In the event the Applicants shall default in the performance of any of the covenants and agreements herein contained, and such default shall not have cured within ten (10) days after receipt by the Applicants of written notice thereof, the City, if it so elects , may cause any of the improvements described in 11 above to be constructed and installed, and may cause the entire cost thereof , including all reasonable engineering, -5- legal, and administrative expense incurred by the City, to be recovered as a special assessment under Minnesota Statutes Chapter 429, in which case the Applicants agree to pay the entire amount of the assessment roll pertaining to any such improvement within thirty (30) days after its adoption. App- licants further agree that in the event of their failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Applicants ' real property described on Exhibit A for any amount so unpaid, and the City shall have the right to fore- - close said lien in the manner prescribed for the foreclosure of mechanic 's liens under the laws of the State of Minnesota . b. In addition to the foregoing, the City may also institute legal action against the Applicants and the corporate surety on their performance bond, or utilize any cash deposit made hereunder , to collect, pay or reimburse the City for the cost of making any of said improvements . In the event of an emergency, as determined by the City engineers, the notice requirements to the Applicants shall be and hereby are waived in their entirety, and the Applicants shall reimburse the City for any expense incurred by the City in remedying the condi- tions creating the emergency . c. 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 variance contract, to restrain or abate violations of the within variance contract, or to prevent use or occupancy of the proposed Building. 24 . Address of Developers . The address of the Applicants for purposes of this development contract and for purposes of notice under this contract shall be: Box 207, Chanhassen, Minnesota 55317 . 25 . Successors and Assigns . It is agreed by and between the parties hereto that the agreement herein contained shall be binding upon and inure to the benefit of their respective successors and assigns . IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on this day of , 1978 . CITE CHANHASSEN HANSEN & KLINGELHUTZ CONSTRUCTION, INC. By . • - By :L.. . •. .. / w� . 1 Mayor Its j-:„ . ATTEST: / And / . , 7- ,/ ,/ City Map-ager f is i- ;•, -6- WEST I PROPERTIES - --L.: 7 — y < f ,7e f E. Sw'dlund, a Partner _ <, ,. -. . _ ,, , ,, ({ • , < <__ — Ro anne Swedlund; a Partner ( ii ' -i_i - ' Douglas; M. Hansen, a Partner il,. Beverly J. arisen, a Partner . 2/-// ••/ I !..7-41?(:,,,/ , /Z., 71.- Thomas A. Klingelhutz, ayPartner — 1. - y -r Catherine M. Klingelhutz, a Partner — Ro ,: T , ,3f — b rt O. Nyen, ' a Partner STATE OF MINNESOTA ) ss . COUNTY OF Co.44.4ei) ) — On this /4. 4'-4- day of 7h r-, -- , 1971, before me, a notary public within and for said county, personally appeared Walter Hobbs and — Donald W. Ashworth, to me personally known, who, being by me duly sworn, did say that they are respectively the Mayor and City Manager of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authorii 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 c 1.1..(isti is--2u i,e�.,-! "lam Notary Pu is ;;.— , KAREN J. ENGELHARDT -7- ci, _ NOTARY PUBLIC.MINNESOTA — 7�JJi CAi1VER COUNTY , My(ommiss.^^:-.....:61 OCt.11.11118 W • STATE OF MINNESOTA ) ss . COUNTY OF On this day of , 1978 , before me, a notary public within and for said county, personally appeared and , to me personally known, who, being each by me duly sworn, did say that they are respectively the and the of the corporation named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said and acknowledged said instrument to be the free act and deed of said corporation. Notary Public STATE OF MINNESOTA ) ss . COUNTY OF :' L 'U ) On this €"' day of 7-)1‘1, , 1979, before me, a notary public within and for said cd.unty, personally appeared JEFFERY E . SWEDLUND, to me personally known, who being by me duly sworn did say that he is a partner of the partnership named in the foregoing instrument, and he acknowledged to me that such partnership executed the same. t ,'6�tiu ,2, C� . /(14 �z ) Notary Public STATE OF MINNESOTA ) ss. COUNTY OF i1A 1�� 1- ) On this k v' day of `irthl q- , 197,, before me, a notary public within and for said county, personally appeared ROXANNE SWEDLUND, to me personally known, who being by me duly sworn did say that she is a partner of the partnership named in the foregoing instrument, and she acknowledged to me that such partnership executed the same. - y J Q A . /�( Notary Public STATE OF MINNESOTA ) ss . COUNTY OF (4Q L4's - ) On this b day of J/ , 1979, before me, a notary public within and for said county, personally appeared DOUGLAS M. HANSEN, to me personally known, who being by me duly sworn did say that he is a partner of the partnership named in the foregoing instrument, and he acknowledged to me that such partnership executed the same. Notary Public 7L -8- STATE OF MINNESOTA ) ) ss . COUNTY OF - �` `.v ) On this r day of 727;:244 , l97f, before me, a notary public within and for said county, personally appeared BEVERLY J. HANSEN, to me personally known, who, being by me duly sworn, did say that she is a partner of the partnership named in the foregoing instru- ment and she acknowledged to me that such partnership executed the same. — e d . 1✓ �e Notary P is STATE OF MINNESOTA ) ss . COUNTY OF di-u"/ ) On this $t`` day of 72)4v., , 197$, before me, a notary public within and for said county, personally appeared THOMAS A. KLINGELHUTZ, to me personally known, who, being by me duly sworn, did say that he is a partner of the partnership named in the foregoing instrument andhe acknowledged to me that such partnership executed the same. _ -= 'ltt/eLci t' a lva,tt-teA- STATE OF MINNESOTA ) Notary Public fy ss . — COUNTY OF ) On this day of 7)-;2i , l979, before me, a notary public within and for said county, personally appeared CATHERINE M. KLINGELHUTZ, to me personally known, who, being by me duly sworn, did say that she is a partner of the partnership named in the foregoing instru- ment and she acknowledged to me that such partnership executed the same. — 11—{ILL.'-,i4(.1 a . l.411,4.tt'1�-� Notary Public — STATE OF MINNESOTA ) — ss. COUNTY OF ) On this f(s day of , 1979, before me, a notary public within and for said county, personally appeared ROBERT 0. NYEN, to me personally known, who, being by me duly sworn, did say that he is a partner of the partnership named in the foregoing instru - ment and he acknowledged to me that such partnership executed the same . 'tu�: C _ Notary � ubk idlic KAREN J. EFIHARDT � NOTARY c_ •,.AoNNESOTA t‘litF1'. CARVE F; COUNTY 1�y commas-n Expoes Oct.11.111115 -9- :«. — HANSEN & KLINGELHUTZ CONSTRUCTION, INC. VARIANCE CONTRACT FOR BUILDING AT PICHA DRIVE AND MANDAN DRIVE EXHIBIT A Lots 4 and 5, Block 2, Burdick Park 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. -10- 1J. - CITY TFp_LCHANHASSEN �i . 7610 LAREDO DRIVE•P.O. BOX 147•CHANHASSEN, MINNESOTA 55317 (612) 474-8885 sedan by CAS AtillIrestEatcr Endo �� PLANNING REPORT — Mtadii�L•' DATE: May 7, 1979 REQ Det= S�9mittcd to Ounnsitsttioa _ TO: City Manager, Don Ashworth FROM: Assistant Manager/Planner, Bob Waibel SUBJ: Development Contract Amendment Request, H & K Warehou e, ' Burdick Park APPLICANT: Hasen and Klingelhutz PLANNING CASE: P-481 Petition The applicants are requesting to amend Sections 4 and 5 of their proposed development contract with regards to overnight motor vehicle parking. As shown in the attached planning commission minutes of _ April 4 , 1979, the planning commission moved to recommend that "the council amend the development contract, item 4 be amended to read licensed vehicle parking, item 5 increased the •weight restrictions from 7 ,000 to 9,000 lbs for overnight parking on the east and south, that outside storage be confined to the west side of the building with no storage of vehicles larger than 8 x 20 feet. " This office recalls that during the site plan review of the subject proposal, the plans were presented in a manner indicating that the bay doors on the building were designed so that they could accomodate various types of construction equipment mounted on trailers. Based upon the concerns of the planning commission during site plan review regarding the issues of storage and parking on the subject property, and the fact that many service vans and pick up type vehicles are licensed at 9,000 lbs. , I recommend that Section 5 of the development contract be amended to read that no motor vehicle larger than 9,000 lbs. licensed gross weight shall be parked or stored outside of the building on the subject property between the hours of 2 : 00 a.m. and 6 :00 a.m. on any day. Furthermore, I recommend that all vehicles to be stored overnight shall be self propelled light duty over the road vehicles, and that permission be restricted to the west property line only. • CITY OF _....„.. ....r. ..: . . . \ , ..,, • ; , . • . . t C IIANNASSEN ,,,.._ 7610 LAREDO DRIVE•P.O. HANHA OX 14 • 8 7 C SSEN, MINNESOTA 55317 ` (612) 474-8885 PLANNING REPORT DATE: April 2, 1979 TO: Planning Commission and Staff FROM: Assistant Manager/Planner, Bob Waibel - SUBJ : Development Contract Review for H & K Warehouse APPLICANT: Hansen and Klingelhutz Construction, Inc. PLAV'NING CASE: P-581 - This item was before the planning commission at it' s regular February 28, 1979 , meeting, at which time the planning commission wanted staff to look at alternative amendments concerning the overnight parking - at the H & R warehouse site in Burdick Park. From an administrative standpoint, I believe that staff is not authorized to enter into amendment negotiations until the city council so directs that the development contract might be amended. What is needed at this time, is a polling of the planning commission, and a motion resulting from that polling stating how and if the development contract should be amended. This motion will be submitted concurrently with the staff recommendation to the city council for their consideration. Based upon the recollection that the initial plan proposal , was pre- sented so as to indicate -that the door bay heights were adequate to i clear equipment on trailers , I recommend that section 5 weight restrictions be increased to vehicles no larger than 9 ,000 lbs. , that this provision apply only to the western side of the property, and that the vehicles eligible for overnight parking shall be self- - propelled light duty over the road vehicles. CITY OF CHANHASSEN 7610 LAREDO DRIVE•P.O. BOX 147•CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: February 28 , 1979 TO: Planning Commission and Staff FROM: Assistant City Manager/Planner, Bob Waibel SUBJ : Development Contract Amendment Request APPLICANT: Hansen and Klingelhutz Construction, Inc. PLANNING CASE: P-481 - Attached hereto you will find the letter of amendment request of behalf of Hansen and Klingelhutz and involved section of the developmer -: contract. As stated in section 5 , no motor vehicle larger than 7 ,000 lbs . be permitted to be parked at the site between the hours of 2 :00 a.m. and 6 : 00 a.m. on any day. The second page of the Hansen and Klingelhutz letter of January 18 , 1979 , appears to imply that a business leasing must have the right to park a truck, trailer and equipment if need be . The attached planning commission minutes of May 10 , 1978, state that materials will be - stored outside but vehicles may be parked outside and that an adequate development contract controlling the visual quality of the grounds should be implemented. From my recollection, I believe that it was also stated at site plan review that bay doors of the structure were desiged as such to allow equipment of tenants to be stored indoors overnight. It is for these reasons , that I recommended that section 5 of the development contract be amended to read that no motor vehicle larger than 9 ,000 lbs. licensed gross weight shall be parked or stored outside of the building on the subject property between the hours of 2 :00 a.m. and 6 : 00 a.m. on any day. Furthermore - the motor vehicles to be stored outside shall be self-propelled light duty , over the road vehicles. • • j J'� s h �.ohi: G;ty Administrator: _ Nr� y Referred To; �' Mjyor Council - - Aftvvy �l1�i5a1Z ✓/ HANSEN & En1;ce�.i.;.e_ r KLINGELHUTZ Rar;3 construction, inc. Stfect 4nt, Ufiii��2a — Press O t c r DATE: January 18, 1979 Date /77-737—" TO: City Manager, Don Ashworth AND the City Council FROM: Hansen & Klingelhutz Construction, Inc. SUBJ: City Development Contract for Industrial Building on Mandan Drive Upon reviewing the City contract for our industrial building on Mandan - Drive in Chanhassen and having some experience in the leasing process of the building, we find that we cannot live with the restriction as stated in item 5 (overnight parking prohibited). We would like you to reconsider this portion with the following changes: 1. Change 70004 to 9000# gross weight so it may include all vans and pick up trucks commonly licensed at 9000=. 2. Change this overall restriction to apply to vehicles in the front area of building only-not to include parking restrictions on the side or rear of our private property. I recommend this for the following reasons: 1. Many ordinary vans and pick ups are licensed for 9000#. 2. By changing the restriction to apply to the front of the building only, you will still accomplish what I think you are intending to do, which is keep the appearance of the site in front neat and clean looking with no large vehicles parked in front. The rear and south of the building will be screened by the building itself which is approximately 18' high. 3. We are completely screened in the rear by the woods which I assume will likely remain. The tree line is an asset of great value especially along .the lot line to whomever owns the property. cont. 71;18 FRONTIER TRAIL • CHANHASSEN, MINNESOTA 55317 • (612) 474-4146 HANSEN & KLINGELHUTZ construction, inc. Industrial Bldg. Contract cont. Page 2 We request this change not because we expect a mess but because a business leasing here must have the right to park a truck, trailer, equipment if need be. This should be a lessors right in Eden Prairie, Edina, Chanhassen or wherever. I assure you, backed by our reputation in dealing with you in the past, that our building and site will be kept neat and clean in front and back with no trace of junked cars or trucks etc. as seen in other parts — of Chanhassen. Please consider this seriously since it is very important for us to succeed in leasing the building. I hope you will approve this change and we will do our part in policing our parking so the overall appear- ance is pleasing. Sincerely, r . c, / 4,771/7-4-5 Douglas N. Hansen Thomas 0. Yaingelhutz 7198 FRONTIER TRAIL • CHANHASSEN, MINNESOTA 55317 • (612) 474-4146 Planning Commission Meeting May 10 , 1978 -7- SITE PLAN REVIEW - nANSEN & KLINGELHUTZ : Ton, _.lingelhutz , Doug Hansen, Jim Hawks , and Jeff Swedlund were present . H. & K. are r proposing to construct a 19 , 800 square foot office/warehouse facility on Lots 4 and 5 Burdick Park. The property is currently zoned I-1 and is shown on the HRA plan as General Business . Sewer and water are available to the property. The proposed building has seven 30 ' x 90 ' bays and approximately 600 square feet of that will be office . Seventy-six parking spaces are shown but some may have to be eliminated near the loading dock. No materials will be stored outside but vehicles may be parked outside. The building will be eight inch concrete block with a fractured block band along the top for decoration. Walter Thompson moved to recommend the Council look with favor on the Hansen and Klingelhutz office/warehouse facility subject to : 1 . That an adequate development contract controlling the visual quality of the grounds be implemented. 2 . That the proposed rear yard setback be allowed as submitted. 3 . That parking up to the westerly property line be Permitted. 4 . That the clear aisle widths by the loading docks be increased to meet ordinance standards . 5 . That the loading dock width be increased to 12 feet . 6 . That the berm at the north access on Mandan Drive should not exceed 22 feet in height. 7 . That more detailed information be supplied concerning the outside storage facilities . 8 . That information regarding the architectural treatment of the building be furnished. 9 . That plans for signage be submitted for Sign Committee review. ,t 10 . The developer submit a lighting plan for review by the Planning Commission. 11 . The front yard setback is 23 feet . The ordinance calls for a 30 foot front yard setback. 12 . The developer consider 45° angle parking along the west property line. The Guide Plan and CBD Plan show the area to the west to be something other than R-1A, therefore, the Planning ColILwission recommends a side yard variance be granted. Motion seconded by Jerry Neher and unanimously approved. Dick Matthews moved to adjourn. Motion seconded by Les Bridger and unanimously approved. Meeting adjourned at 12 :30 a.m. _ Don Ashworth City Manager NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of Chanhassen (hereinafter referred to as "The City") of the Applicants ' development plans and the approval of the above described variance requests, the City and the Applicants agree as follows : 1 . Improvements by Applicants. Applicants agree at their expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements in accordance with the site plan and landscape plan described in paragraph 2 below: a. Parking lot and access driveway grading, stabilizing, and bituminous surfacing, b. concrete curbs and gutters abutting all parking lot areas and access driveways, except the western edge whereon a rolled bituminous curb shall be installed, c. storm and surface water drainage, d. boulevard sodding or seeding of uniformly good quality, and e. grounds lighting. 2. Scope of Development Governed by Exhibits. The exterior dimensions , architectural design, decorating scheme, grading plan, loading dock configuration, and placement of structures shall be in conformance with that certain Site Plan dated April , 1978, Site Plan - dated May, 1978, Landscape Plan dated April, 1978, undated Ground Floor Plan, undated Exterior Elevation Drawing, Street Construction Plan dated April 13, 1978 as revised by the City Engineer on April 21, _ 1978, and Storm Drainage Plan dated April 13, 1978 as revised by the City Engineer on April 21, 1978, all of which are on file in the office of the Chanhassen Zoning Administrator in File P-481. The building shall be constructed of stacked square block except for a decorative band of vertical fracture block creating a relief effect shadow line. Said block shall be painted in tones of gray or white. The canopies depicted on said elevation drawings shall project outward six (6) feet and night lights shall be provided to illuminate all entrances to the Building. 3. Effect of Conflicting Ordinance Provisions . The parties hereto acknowledge that the development as described in paragraph 2 above conflicts with the literal provisions for setbacks, load dock con- figuration, front yards, side yards, and rear yards contained in SS12 . 05, 12 . 08 and 9 . 07 of the Chanhassen Zoning Ordinance. The parties hereto furtheracknowledge that, in accordance with the above described - resolutions of the Chanhassen Board of Adjustments and Appeals and the City Council, the proposed development may be constructed in conformity with the various plans which are described in paragraph 2, above. 4 . Outside Storage Prohibited. With the exception of trash facilities as hereinafter provided, and with the exception of motor vehicle parking as hereinafter provided, no equipment or other personal- property shall be stored or displayed outside of the building. -2- 5 . Overnight Parking Prohibited . No motor vehicle of larger than 7, 000 pounds licensed gross weight shall be parked or stored outside of the Building on the subject property between the hours of 2 : 00 o'clock A.M. and 6: 00 o 'clock A.M. on any day . The Applicants acknowledge that their acceptance of the foregoing restriction was the keystone to the City' s action approving the variances requested by the Applicants , and further acknowledge said restriction must be strictly complied with and may be enforced by the City in proceedings at law or in equity. 6 . Parking Lot Configuration. Off-street parking facilities shall be constructed in accordance with the Site Plan described in 112 above with the following modification: a . All parking spaces shall be clearly delineated or marked as such and shall have a minimum width of nine (9) feet and a minimum length of twenty (20) feet exclusive of aisles and - maneuvering space . b. A clear aisle width of at least eighteen (18) feet shall be provided for all parking spaces located easterly of the Building. 7 . Schedule of Work. The Applicants further agree that they shall commence work hereunder immediately, and shall have all work done and improvements fully completed to the satisfaction and approval of the Cityon or before ,� `» i c i G= / _ , 1974; . The Applicants - shall submit a written schedule indicating the proposed progress schedule and order of completion of work covered by this contract, which schedule shall be a part of this contract. Upon receipt of written notice from the Applicants of the existence of causes over which the Applicants have no control which will delay the completion of the work, the City, in its discretion, may extend the date hereinbefore specified for completion . 8 . Grading Plan and Lighting Plan. No Certificate of Occupancy shall be issued and the Applicants shall not occupy the Building until the Applicants ' final grading plan has been reviewed by City staff for purposes of verifying that said grading plan is in complete conformity with all of the provisions of the within permit and contract. Said final grading plan shall include existing contours, proposed grading elevations , drainage configurations, storm water drainage configurations , spot elevations, proposed access driveway road profiles, location and candlepower of all illuminaries, and locations of exterior ( - trash storage areas . 9 . Sign Plan . The Applicants agree to prepare and submit to the - City a sign plan, which shall include location, type, and dimensions of all proposed exterior signs . No exterior signs shall be erected and no sign permit shall be issued until after said sign plan has been reviewed _ by the City for purposes of verifying that said sign plan is in confor- mity with applicable City ordinances . - -3- f Planning Corrmissic aeting April 4 , 1979 -3- from Chapparal would be reduced from about 113 cfs prior to development to 54 cfs after development. The Engineer is engaged in a study to determine whether this reduction in flow is enough to eliminate the existing erosion problem in the creek. Additional controls within the Chapparal development are not recommended. The storm sewer system has adequate capacity except that a second catch basin should be added in the most southeasterly cul-de-sac. The watermain in Kerber Blvd. should be 18 inch instead of 16 inch. The slopes on the pond should be 3 :1 or possibly 4 :1 for maintenance and safety reasons . Pat Swenson moved to recommend the Council grant final approval of the plat as proposed with the shifting of the boundary of the second addition to encompass the southern boundary of the road (Exhibit A, Road A) and subject to the conditions of staff. Motion seconded by Mal MacAlpine and unanimously approved. DEVELOPMENT CONTRACT AMENDMENT - HANSEN AND KLINGELHUTZ , BURDICK PARK: Tom Klingelhutz and Doug Hansen were present requesting amendments to items 4 and 5 in their development contract. Mal MacAlpine moved to recommend the council amend the development contract, item #4 be amended to read licensed vehicle parking, item #5 increase the weight restriction from 7 ,000 to 9 ,000 lbs. for overnight parking on the east and south, that outside storage be confined to the west side of the building with no storage of vehicles larger than 8 x 2f feet. Motion seconded by Jerry Neher and unanimously approved. MC GINN LOT SPLIT ; LOT 4 , BLOCK 1, HARVIR HILL: Mr. McGinn is seeking approval to subdivide Lot 4 , Block 1, Harvir Hill into two lots . Pat Swenson moved to hold a public hearing on April 25 , 1979 , to consider the lot split conditioned upon receipt of an abstractor 's certificate by April 9. Motion seconded by Mal MacAlpine and unanimously approved. THE BALTIC COMPANY - SITE PLAN : The Baltic Company is requesting rezoning of Lots 1 and 2 , Minnewashta Park from R-1 to C-1. The property currently is the site of Cermak Sales and Service. Reynold Roberts , representing the owners, gave a presentation. They are proposing to remodel the existing building into an office building. The remaining structures and equipment would be removed from the property. Eleven parking spaces would be provided on the east side of the building. The Baltic Company would be the owner/user of the building. The Assistant City Attorney asked for vertification of ownership of the property. Mal MacAlpine moved to hold a public hearing on April 25 , 1979 , to consider rezoning from R-1 to C-1 subject to proof of ownership. Motion seconded by Jerry Neher and unanimously approved. i • CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION APPLICANT: L% 6P`5 M z:144:\ fjSt:0 OWNER: '1)0U6LA M N50) ADDRESS: 17001 Si-6 LA FJ ADDRESS: 17 001 STODo u! KO AD tv"\TFCA (4 IJ 5534.5 kTKA Mr3 55345 TELEPHONE (Day time) 4 O' "5-4 TELEPHONE: 9F., 4 9 26 3 1. Comprehensive Plan Amendment 11. Subdivision 2. 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 J 15. Zoning Appeal 6. Planned Unit Development 16. Zoning Ordinance Amendment 7. Rezoning 17. Filing Fees/Attorney Cost - (Collected after approval of item) 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 included with the application. Twenty-six full size folded copies of the plans must be submitted. 1 81/2" 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. PROJECT NAME l4)r�:T Ode E\i f\I3S f Df J — LOCATION 7G o0Q\k/t LEGAL DESCRIPTION LOTS J ¢ S 15(1,P-1 CSC I71 < PRESENT ZONING 15 G REQUESTED ZONING P i D PRESENT LAND USE DESIGNATION ( VACArJT) Lor REQUESTED LAND USE DESIGNATION LIG } T N1 A 01•17A C71A Qi tic.- c F►CE W -F REASON FOR THIS REQUEST .7!, rDi) MR- ,4 ! — S',..l vEC: -' 7T,E�ALT'J,2j pau ,GE Or. L0— 3 aDvi NEA. This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of The, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. I also understand that after the approval or granting of the permit, such permits shall be invalid unless they are recorded against the title to the property for which the approval/permit is granted within 120 days with the Carver County Recorder's _ Office and the original document returned to City Hall Records. Signature of)Applicant Date I 2-16 .- 93 Signature..f Fee Owner Date Application Received on Fee Paid Receipt No. This application will be considered by the Planning Commission/Board.of Adjustments and Appeals on Pr I E \— — „ • -?7+?-._ _ � 4COII ' d W —; u _¢„Eir r_ NOTICE OF PUBLIC HEARING •W IC MIIIII 1•••••11 Illikii* PLANNING COMMISSION MEETING _ Wednesday, March 17, 1993, 7:30 P.M. : Frontier Development Corp. — c/o Bloomberg Companies, Inc. B. C. Burdick Bloomberg Companies, Inc. P. 0. Box 730 426 Lake Street 545 West 78th Street Chanhassen, MN 55317 Excelsior, MN 55331 P. 0. Box 730 — Chanhassen, MN 55317 Roberts Automatic Products, Inc. Lutheran Church of the Living E. Jerome Carlson 880 Lake Drive Christ Instant Web, Inc. Chanhassen, MN 55317 Box 340 6950 Galpin Lake Road — Chanhassen, MN 55317 Excelsior, MN 55331 Twin Cities & Western Railroad Dayton Hudson Corp. — 723 11th Street East c/o Target Stores Glencoe, MN 55336 33 South 6th Street Minneapolis, MN 55402 — Planning Commission Meeting March 17 , 1993 - Page 60 becoming real intense and irritating the people around them and over crowding the lake . Okay? Gary Carlson: I think we should accept your recommendation . . . Batzli : Okay . Gary Carlson: Because two things will happen . First of all , when you say launch , a boat and trailer . . .If someone sees that it 's a , the only people who will launch will be my neighbor . . .but if you say launch and I tell everyone there 's going to be a launch . Batzli : Well we 're going to say no launch in a minute so don 't worry about that . Gary Carlson: If you say no launch , fine . Batzli : Okay . Do we have a motion? Ledvina : I would move that the Planning Commission recommend the approval _ of the Non-Conforming Recreational Beachlot permit application by Schmid 's Acre according to or consistent with the request and specifically with these exceptions . The number of boats docked to 1 . Number of boats on land being 1 and an exception to the request for a boat launch . No boat launch . Batzli : Is there a second? Mancino : Second . Batzli : Is there any discussion? Ledvina moved , Mancino seconded that the Planning Commission recommend approval of Non-Conforming Use Permit for a Recreational Beachlot for Schmid 's Acres with the continued use of one dock , 1 boat parked at the dock , 1 boat parked on land, off street parking for 10, 1 canoe rack , and no boat launch permitted . All voted in favor and the motion carried unanimously. Batzli : When does this go to the Council? Aanenson: It should be on April 12th . PUBLIC HEARING: CONCEPT PLAN TO REZONE PROPERTY FROM BG, GENERAL BUSINESS TO POD. PLANNED UNIT DEVELOPMENT FOR EXPANSION OF AN OFFICE AND MANUFACTURING FACILITY LOCATED AT 7900 MONTEREY DRIVE, WEST ONE EXPANSION, DOUG HANSON, WEST ONE PROPERTIES. Jo Ann Olsen presented the staff report on this item . Chairman Batzli called the public hearing to order . Doug Hanson: I 'm Doug Hanson . I live in Minnetonka . Planning Commission Meeting March 17 , 1993 - Page 61 Batzli : I 'm sorry . Before you start in , I have one more question of Jo Ann . Are you done with the rest of your staff report? Olsen: I was just going to finish to say that there used to be 5 users i this building . As Chaska has expanded , they 've pushed them out . He , Doug Hanson who will be explaining that he is proposing with this expansion that he will locate his own construction business there also and I believ( a plumber . So I think we need to have it clear exactly who would be using that site . Farmakes : Can I ask for some additional site plan , I guess this isn 't site plan review but some concept on how this is in relationship to the Burdick property that still remains behind Target and that road going in . I believe we might have a few drawings in the back of there of Target , bu. we don 't see that on any of this . The relationship of this building to the area behind Target and the drive in , the service road that goes back behind there . Olsen: Right here is . . .Market Square . . . This is Pica Drive and this is where you get into Target . . . Farmakes: But there still are some lots I believe behind Target . There 's 2 lots . Olsen: . . .where the trees are? Farmakes : Okay , down there by your stomach . Batzli : But is this contingent upon , I mean looking at Don 's comments here . Is this all contingent upon , rezoning this PUD can be made contingent upon the HRA selling this hunk of land? Olsen: Well they have , they own it and they have total control now . Batzli : Yeah but I don 't want to rezone this PUD . Olsen : If the HRA . Batzli : Well it says here , isn 't this hunk , is this a proposed expansion': Is that going on land that 's owned by the HRA right now? Olsen: Correct . Right . Batzli : So can we make this contingent , because I don 't see in any of th+- conditions that this is contingent upon them getting all the property under common ownership . Olsen: Sure you can . Batzli : If they don 't do that , then there 's no point in us rezoning these individual little parcels PUD . Olsen: Exactly . Planning Commission Meeting March 17 , 1993 - Page 62 Batzli : Okay . Please , go ahead . Doug Hanson: I 'm Doug Hanson . I was one of the builders , the partner of Tom Klingelhutz back in '78 . We had about 5 previous people as tenants in there . It was office/warehouse . DayCo Concrete was in there . Vernco Maintenance . Frontier Meats . There was an auto body shop in there and there 's another one but I can 't think of what it was . But eventually Chaska Machine has taken over the whole operation and they 're in a position to expand . They would like to stay there if they could . We would , I have a company , Hanson Hometech . We do residential remodeling . I work with my two sons . Steinkraus Plumbing would be another tenant and we would share a small area in the very end of this building . About 2 ,000 square feet . We would share the office and the secretary/receptionist . That type of thing . Otherwise it 's mainly for Chaska Machine . And the - future expansion area would be for them also as they grow . There 's 5 ,400 square feet in the proposed expansion . . . The highway is here and the railroad tracks is here . . . Batzli : Okay . Does anybody have any questions? Harberts: I have a comment . Chaska Business Machines as well as the Target area , if you recall when Target came before the Commission there was a transit element involved and it 's simply because of the amount of traffic and trips that would probably be generated in the Target area . Chaska Business Machines is one of the businesses that are being targeted for reverse commute opportunities . Basically bringing people from the inner city out to a possible location such as Chaska Business for employment . And because of the location , and what could potentially happen with these other areas , my comment is that I would like to have Southwest Metro involved in the , if this thing goes forward , to add that transit element in here because I see a potential high demand for public bus service to bring potential workers out to this area . Especially with Target . . .and what I 'm seeing right now is basically maybe just adding like a bus shelter or a bus stop or something in that turn around area . That circle , that cul-de-sac little thing . So I 'd like to encourage that Southwest Metro become involved with this conceptual site plan design to insure that it 's transit friendly and that it continues to fill that reverse commute strategy . Olsen: By transit friendly you mean that a bus can get in there or a van? Harberts : More a van but just basically putting maybe a bench or a bus shelter or something . Simply , you know with Chaska Business Machines is expanding . They 're going to expand their work force . They 've already been identified as a company out in Chanhassen to promote reverse commute . So I just think that they 're a top candidate to really focus in on making sure that this facility is transit friendly . That would be basically the same concept that you see presented to you when you looked at the Target site plan . Batzli : Any other comments right now? Okay . Did you have anything else? Doug Hanson : I 'm here to answer any questions . Planning Commission Meeting March 17 , 1993 - Page 63 Batzli : Okay . We ' ll probably ask them in a minute . Is there anyone else from the public that would like to address the Commission? Okay . Is there a motion to close the public hearing? Ledvina moved, Scott seconded to close the public hearing . All voted in favor and the motion carried. The public hearing was closed. Mancino : I have one question . Batzli : Go ahead . Mancino: My big question is , is that the comprehensive plan that was done in 1992 designated this property as commercial even when Chaska Machine and Tool were there at the time . I 'd just like to hear the rationale behind that . Why did they not , when Chaska Machine and Tool were in there at the time in 1992 , designate it as industrial? Or light manufacturing . Batzli : Because we 're trying to get all the manufacturing out of the cit; and we assumed that once they were ready to leave or we 'd buy them out , it would be commercial property . It 's downtown . Farmakes: But the ensuing developments that occurred basically boxed in that property from any reasonable access or for potential client , retail client to see it . It just isn 't going to happen . You 're going to have tc know it 's back there because you 're not going to see it from anywhere else . Mancino: So commercial , is that only retail or could that be office? Farmakes : Well it possibly could be office . Mancino: It could be an office . So it could still be commercial and not be retail but be . Farmakes : That 's correct . Batzli : And that 's the big issue . Farmakes: Except most of our office buildings are retail . We 've heard arguments about that before too . That 's what they wind up being . Harberts: But isn 't the office industry also telling us that it 's going to be another 10 years before that market comes back around? Farmakes: That 's how things progressed in development of the city . Eventually come the lawyers . . . Mancino: The industrial is an anomaly there . The way it looks right now and to keep adding onto it and make it even bigger , it just doesn 't fit . That 's all I have . Batzli : Jeff . Planning Commission Meeting March 17 , 1993 - Page 64 Farmakes: It would depend on how they would revision that building . I have I think real sympathy that that particular piece of property would not work as a retail and I 'm not sure that the foreseeable future if it 's feasible to consider it as a business area . It is sort of a little hold over pocket from a failed development many years ago of , I remember seeing , I will build on this site your company sign , I don 't know a decade at least . I never saw one of the properties being sold . I 'm not sure that this is going to be something that 's going to be easy for the City to deal with as to what they 're going to do with this . This may be a reasonable alternative . fit isn 't very low impact area . It 's going to be - basically surrounded by other buildings and the only way you 're going to be able to see it is for a very brief time as you drive over the bridge . Certainly one of the possibilities is giving it a facelift and eliminating any of the types of objectionable industrial use that 'd be incompatible such as on site storage of machinery or materials that would be objectionable . Expanding that type of useage I think would be the wrong way to go . But I think from a conceptual point of how we 're looking at this , I wouldn 't turn it down flat and say that 's not a reasonable alternative to use this property . I 'd leave that up to the applicant as to how they would soften that connection of an industrial use with what is on the plan that designates it as a commercial area . In other words , the more you could make it look like a business building , office building , the better off a case could be made that that was being done as a solution . That 's my comment . Batzli : So right now you 'd be willing to look at it as a PUD or wouldn 't you be willing to vote on the concept and rezoning? Farmakes : As I understood it , what we 're looking at here today is just the concept itself . . .correct? - Batzli : Right . Farmakes : We 're not voting to make this a PUD today? Conceptually yeah. Harberts : What message are we sending to the HRA though? Batzli : Yeah . Farmakes : Well we really don 't . Batzli : If we vote on it conceptually that we like it , then they 're going to get the impression that we ' ll approve it or something soften down the road . Harberts: Or we cave in on something . Farmakes : That 's difficult to do here because we 're really looking at a very preliminary concept . What we 're looking at here . We 're not looking at any detailing or what they 're planning on doing with the building other than expanding the connection use . Batzli : But it sounds like , I 've heard one person say this isn 't appropriate . You say maybe , if it 's done right . Planning Commission Meeting March 17 , 1993 - Page 65 Farmakes : Correct . Batzli : Okay . Doug Hanson: Could I say something? Batzli : Sure . Doug Hanson: I plan to follow the building that 's there . It 's a 20 ,000 square feet building there and I just , all you 're seeing is another 30 foot and a turn and another 60 foot . And so there 's really not much different on the front so I would follow the same site , the same architecture that 's there right now . Farmakes : In long term use for downtown and if you 're looking at where in the long term in the market developed for business/office type market , which is not , I don 't believe here yet or we haven 't seen that demonstrated by our developers . We do have a fairly limited amount of space downtown where that would go so that 's another thing for consideration in reviewing this . I 'm just saying that it 's how far down the line you wish to look for this type of useage . This is a possible solution for the existing building and I don 't think that I 've got enough information to go one way or the other . Scott : If from a manufacturing standpoint , could you tell us , and especially me , what happens in that building? What do you do in there? - When you manufacture . Manufacturing . . . Doug Hanson : Okay , it 's Chaska Machine and Tool and punch presses and they make parts for machines . They 're shipped all over . Scott : Custom fabrication . Doug Hanson: Yeah . Just small , mainly small parts . Scott : So you guys basically take , your raw materials are metal? Doug Hanson: Yep . Scott : Metal castings? Doug Hanson: No metal , sheet metal . Scott : Pretty much sheet metal? Doug Hanson : Stamped parts and machine parts and things like that . Scott : Okay . So as far as any sort of , and then the scrap , basically a scrap hauler takes it away and recycles it or something? Doug Hanson : Yeah , it 's recycled . Right . • Scott : Okay . And then as far as , is there any sort of hazardous material that we could probably get some fumes? Planning Commission Meeting March 17 , 1993 - Page 66 Doug Hanson : No . Scott : You know when I was down there , it was hard for me to tell but my opinion is conceptually I don 't have a problem with this at all . Granted there 's some architectural features on some adjacent buildings that need to be considered but I figure , it seems like this property is probably not that useful for something else and if these guys happen to grow out of it or , I mean office warehouse is pretty useful space . But then you 've got an industrial , a couple of things in the TIF district that have some of that empty space anyway . So I mean you 're right , the market isn 't there . But conceptually I don 't have a problem with it and from a standpoint , they 've got a business running here . They 're looking at expanding . It looks like a logical alternative , so that 's my opinion on it . Batzli : Okay , Matt . Ledvina : I share the same sentiments as Joe here . I think this seems to be a reasonable extension of the existing use . I guess in looking at some of the conditions in the staff report here , we have on number 3 the expansion of the building shall match the architectural design of the existing building . And we looked at , recently we lookedat , was it . . .and we changed that building to , or we suggested the developer change the building to include some pitched roof elements and I think you could easily do the same thing for the expansion and make it work . Because much of the building is , you know has a flat roof and then you can have an entrance or something like that that has a pitched element to improve the architecture or increase the standard or whatever . So I think we could change that to say matching and enhance the architectural design . But I guess other than that , I agree . It 's kind of a weird little corner and if it can be expanded to an increased use by . . .use , I think it should be done . Batzli : Okay . Ladd . Conrad: I saw an interesting figure tonight . An acre of commercial land sells for $130 ,000 .00 in Chanhassen . An acre of industrial land is a little bit over $40 ,000 .00 . And so what 's the implication of value . As you talk industrial , there 's a gap between that and what commercial property is valued at . How does this impact our decision? Olsen: Well in the value of it , and all of that kind of gets back to the HRA . It 's their final decision whether or not to sell it , and that 's where we got involved in this because of the HRA wanting to know , is this an option . What were the options and so the Manager 's comment is right . Which one goes first . If they choose to not sell it and feel that they could sell it commercial and receive more money , that 's their decision I think . As far as us , I don 't know that we 're involved in that . Conrad: Okay . From a planning perspective , I have no problems with that at all . Batzli : That 's it? Conrad: That 's all there is . Planning Commission Meeting March 17 , 1993 - Page 67 Batzli : Okay . Diane . Harberts : I have no problem with it . Again , I just want to recommend there be some transit planning , and that 's for the future . Batzli : Okay , is that it? . . .Ladd 's remark that from a planning perspective I have no problem with this at all . I 'm more on Jeff 's wavelength . It probably could be done if it 's done right and I guess I 'd give it a shot at a conceptual stage and let the HRA determine whether it 's a smart move to sell it for a third of the price that they could maybe get doing something else . Given it 's location . Maybe they can 't . I would add one condition that any approvals that we 're doing tonight is contingent on the applicant 's purchase of the land , which it 's shown on . The plans we 're looking at . The additional lands . Olsen: So you would not like to see this proceed until he 's actually finished that deal? The conceptual plans . Batzli : Well , I find it difficult to move too far down the road if the HRA isn 't willing to do it . Olsen: Right , I agree . Doug Hanson: I 've given them a purchase agreement and they 're just holding it until it goes through here . Batzli : Right . But I 'm just saying that if the HRA at their next meeting , after we approve this says they 're not going to sell you the land , then one of our conditions was that they sell you the land . Doug Hanson: Yeah , I agree . I can 't do anything otherwise . Batzli : Okay . Is there any other discussion? Ledvina : I move that the Planning Commission recommend approval of Concept Plan Request to Rezone Lots 3 , 4 and 5 , Burdick Park from BG , General Business to PUD with the following conditions as outlined in the staff report subject to the following modifications and additions . Condition number 3 should read , the expansion of the building shall match and enhance the architectural design of the existing building . The addition of condition 7 which would read , prior to rezoning and development , the applicant shall purchase the property in question . And condition 8 , that transit planning be incorporated into the development . Batzli : Is there a second? Harberts: Second . Batzli : Is there any discussion? Ledvina moved , Harberts seconded that the Planning Commission recommend approval of the concept plan request to rezone Lots 3, 4 and 5, Burdick Park from BG , General Business to PUD , Planned Unit Development with the following conditions: Planning Commission Meeting March 17 , 1993 - Page 68 1 . The applicant shall receive and meet the conditions of the following approvals : a . Preliminary and Final Plat approval combining Lots 3 , 4 and 5 , Burdick park into one lot with appropriate easements . b . Comprehensive Plan amendment changing the land use designation from commercial to industrial . c . Site Plan approval for the building expansion . d . Rezoning approval from BG , General Business to PUD , Planned Unit Development . 2 . The site plan shall have to maintain the proposed concept plan , with the proposal being an expansion of the existing building for use by the existing use , light manufacturing . A higher intensity industrial use will not be permitted at this site . 3 . The expansion of the building shall match and enhance the architectural design of the existing building . 4 . There shall be no outdoor storage permitted . 5 . All rooftop equipment shall be screened . 6 . The hard cover surface of the site ( the three lots ) shall not exceed 70% . 7 . Prior to rezoning and development , the applicant shall purchase the property in question from the HRA . 8 . Transit planning shall be incorporated into this development . All voted in favor and the motion carried unanimously. PUBLIC HEARING: ZONING ORDINANCE AMENDMENT TO THE CITY CODE TO DEFINE DOCK SETBACK ZONES. Public Present: Name Address Jeff Kvichang 6681 Horseshoe Curve ( The following people signed the public hearing sheet but had left by this point in the meeting . ) Randy & Rayma Smith 429 Pleasant View Greg & Barb Hedlund 748 Lake Point Donald & Beverly Hanson 8516 Great Plains Blvd . City Council Meeting - April 12, 1993 Councilwoman Dockendorf moved, Councilman Mason seconded to approve the purchase agreement for the school/recreation property acquisition at the corner of Galpin Boulevard and Highway 5 as presented. All voted in favor, except Councilman Senn who opposed and the motion carried with a vote of 4 to 1. Mayor Chmiel: As concerns were mentioned previously. Thank you. 4 to 1. CONCEPT PLAN TO REZONE PROPERTY FROM BG, GENERAL BUSINESS TO PUD, PLANNED UNIT DEVELOPMENT FOR EXPANSION OF AN OFFICE AND MANUFACTURING FACILITY LOCATED AT 7900 MONTEREY DRIVE, WEST ONE EXPANSION, DOUG HANSEN, WEST ONE PROPERTIES. Paul Krauss: What you're being asked to review tonight is a concept plan approval to rezone a property that's zoned BC and contains Chaska Machine Tool Company and an adjacent parcel to PUD. I'll just summarize the kind of points that we were hitting on. We were originally approached by the owner who wished to expand his property. It 's a non-conforming a use. It is an industrial use in the heart of the city's central business district . However, when we looked at it in detail and with what has occurred around it, we realized that while it 's in the heart of the CBD, you can't get to it or see it from anyplace else in the CBD and we looked at what kind of reasonable use can this be put to. There's an adjoining lot that 's owned by our city HRA. Basically the existing facility sits right over here. The lot that's owned by the HRA is down there in the valley below Highway 5. We went through and tried to figure out if any commercial, retail/commercial or office uses could legitimately go there. Retail/commercial, it 's almost as bad a spot for retail/commercial as the back part of the Dinner Theatre is. I mean you just can't , and that even has better visibility. You just can't see it . It doesn't have the kind of traffic that would induce people to come to their business. You've got the whole back of Market Square. I knew the loading dock's facing you. You have the entrance to the loading docks for Target . Possibly office might go there if there was a market for office but even then what we're finding these days is most office users want visibility and you know that they want signs and just about - everything that a retail use wants. What we have is an existing business that is doing well and a desire, as we usually have, to keep them in the community and to try to work with them. What that led us to is the conclusion that maybe we ought do something a little different here, i.e. look to getting some - property back on the tax rolls by legitimizing what 's now a non-conforming use. It didn't seem to detract any from the central business district . In fact it 's home to people who work and presumably do their business downtown. The HRA - oLdned property is not being used for anything at the present time and it 's, we're not sure what we would ever use it for constructively down there. We were concerned that all the trees that we worked very hard at saving for Target not _ be damaged by this and we concluded that none of the trees would be damaged. SO we came up with the idea of coming up and rezoning this thing to PUD and actually doing a guide plan amendment that basically legitimizes the fact that Chaska Took is there. Would allow them to expand but through the use of the PUD place some pretty significant guidelines on what kinds of uses can be allowed and how development should look and operate down there. We clearly didn't want to zone it IOp where then anything goes and you can have a turkey processing plant or whatever else down there. It 's just not appropriate but as a light office industrial use compatible with what it is now, hopefully incorporating some aesthetic and landscaping improvements, we really couldn't see what the harm was. And because of that we proposed that this rezoning and guide plan 29 - City Council Meeting - April 12, 1993 amendment be considered. We took it before the Planning Commission and they agreed that it had some merit . So tonight we're bringing forward that request to you. It is a concept . It 's non-binding. Basically we're asking you to look favorably upon that and if you do, they'd come back in with their formal presentation and design package. There is a list of proposed conditions that - has been attached and the Planning Commission added a couple. That basically placed some limits on what the property can be used for and some guidance as to what we'd be looking for when they brought back in a site plan. With that we are proposing that it be approved. Mayor Chmiel: Thank you Paul. Is there someone here from the Chaska Machine Tool Incorporated that would like to address us? Doug Hansen: My name is Doug Hansen. I was a partner with Tom Klingelhutz when we built this building and just to give you a little background. Chaska Machine - is a solid company and they had about 1/3 of the building when we built it and as they grew they took over the space of DayCo Concrete, Frontier Meats, an auto body shop, Lakeside Equipment and last was VernCo Maintenance that moved to Chaska. Chaska Machine is a solid company and they've had steady growth and they really want to stay here. He approached me about it after talking to the city that there was a possibility that this could be, they could stay right here and expand right here. I've got a building and remodeling company with my two sons called Hansen Home Tech. We, together with Steinkraus Plumbing, would share about 2,000 feet in the southeast end of the building. A small bay. And like I say, this building's been there about 15 years and we've had a good - record with the city and they'd like to stay here and they'd like to expand here. If you have any questions. Mayor Chmiel: Do you have any concerns regarding the recommendation from the Planning Commission? As well as the conditions that were established on that? Doug Hansen: From a cost standpoint I would like to maintain the exact - appearance of the addition. What 's exposed, the new part is just from here. The parking lot is right in here now. So the new part is just this end here and I would like to. . .a couple hundred feet long. . . I would like to maintain that - single appearance. Decorative block, two rows of decorative block tied in with the windows. . . — Mayor Chmiel: Okay, thank you. Council. Richard. Councilman Wing: I don't have anything. - Mayor Chmiel: With all the respective conditions that are contained within. Councilman Wing: This is just conceptual so I've got a couple comments on preliminary and final. I just want to make sure that trees are there. But it 's not the time so, I'd like to see it properly landscaped and it will be. That 's all. I think PUD's the way to go. I'm ready to approve this. Mayor Chmiel: Okay, Colleen. Councilwoman Dockendorf: On condition number 8, where transit planning shall be - incorporated into this development . I have a feeling Diane put that in. Does 30 City Council Meeting - April 12, 1993 that mean there will be a bus turn around? — Paul Krauss: Well, I'm really not certain. Mayor Chmiel: In the front door and out the back. Paul Krauss: I mean clearly this isn't going to be large enough to have any _ kind of facility. However, what we've been asking business people to do, in fact Jerome Carlson who was here earlier tonight has been very cooperative. We've asked them to allow us to work with their employees to survey them and develop packages so that Southwest Metro can offer to tailor transit service. — The Dial-a-Ride service or van pooling, or just make them aware of the over the road long distance services they offer. That's probably going to be sufficient. I'm not really sure where Diane was leading that one but that's my guess. — Councilwoman Dockendorf: Okay. Other than that , you know I drive past that area 2 or 3 times a day and I never noticed it until I got this packet. And went oh, there's a building there? So I don't have any problem with the use. I think it's a good use for that space. Mayor Chmiel: Thank you. Michael. — Councilman Mason: Briefly, I shared the Manager's comments about expansion of industrial use I think is a concern but on the other hand, our fine City Planner also says that this will be alleviated through the PUD and I agree. It looks good to me and Chaska Machine I think has done a fine job. . . Councilman Wing: But who does the hiring and firing? Since you said the — Manager's comments, my ears perk up a little. Councilman Mason: I certainly go along with the concept plan. — Mayor Chmiel: Chicken or the egg? Councilman Mason: Yeah, that too. Mayor Chmiel : Thank you. Mark. Councilman Senn: The existing operation, and I guess over the years even a number of the building tenants down there but Paul, when you talk about PUD's, how do you exactly plan on controlling the use under the PUD? — Paul Krauss: What we would propose to do Mark is the PUD contract, agreement that would be filed with the property would set very explicit guidelines as to what types of uses could be there and how they'd have to limit their operations. For example, limits on outdoor storage and truck boxes and heavy equipment that you can hear outside the building and those kinds of things. We can place those limits on it . The goal is to limit any adverse impacts that might accrue and — really not limit them as to who's going to be occupying the building, because that can change over time. Councilman Senn: What's the underlying zoning that remains in place? 31 City Council Meeting - April 12, 1993 Paul Krauss: It doesn't under our ordinance. Once you zone it to PUD, that is the zoning. There's nothing underlying it . You basically void out what 's under — it . Councilman Wing: This would be a great place Paul for automotive uses. Right _ behind Target 's loading dock and the hardware store's loading dock. Mayor Chmiel: For future thought . Any other questions Mark? Okay. I guess I don't have any real concerns. I think that as Paul has indicated in here that the concerns can be alleviated through the PUD contract and in that particular case I would request a motion for the approval of the concept plan with the conditions of the Planning Commission. Making sure that , or I should say City — Council recommendations with items 1 thru a, b, c, d, items 2 thru 8. Councilman Wing: So moved. Councilman Mason: Second. Councilman Wing moved, Councilman Mason seconded to approve concept plan request to rezone Lots 3, 4 and 5, Burdick Park fro■ BG, General Business to PUD, Planned Unit Development with the following conditions: - 1. The applicant shall receive and meet the conditions of the following approvals: a. Preliminary and Final Plat approval combining Lots 3, 4 and 5, Burdick Park into one lot with appropriate easements. b. Comprehensive Plan amendment changing the land use designation from commercial to industrial. c. Site plan approval for the building expansion. d. Rezoning approval from BG, General Business to PUD, Planned Unit Development . - 2. The site plan shall have to maintain the proposed concept plan, with the proposal being an expansion of the existing building for use by the existing use, light manufacturing. A higher intensity industrial use will not be permitted at this site. 3. The expansion of the building shall match the architectural design of the existing building. 4. There shall be no outdoor storage permitted. — 5. All rooftop equipment shall be screened. 6. The hard cover surface of the site (the three lots) shall not exceed 70%. 7. Prior to rezoning and development , the applicant shall purchase the property in question from the HRA. 32 City Council Meeting - April 12, 1993 _ 8. Transit planning shall be incorporated into this development . All voted in favor and the motion carried unanimously. DISCUSS TESTING FOR AEDES TRISERIATUS (LASCROSSE ENCEPHALITIS) MOSQUITO ON CITY — PROPERTY. Todd Hoffman: It seems as though we just put to rest this issue. However, it — is mosquito treating season once again. They are out spreading the briquettes across our city. I've received calls from residents wondering what is going on so if you've heard anything to date, they are out. In preparing for the operations, the upcoming operations of the MMCD, Mr. Ross Green, the District's Public Information Representative called to ask for a clarification in regard to the testing for the Aedes Triseriatus or the LaCrosse Encephalitis mosquito in our city parks. Specifically Mr. Green asked if the district would be allowed to test for that type of mosquito which can carry LaCrosse Encephalitis in city parks and if sufficient levels of mosquitoes were found, to apply chemical treatment. It is important to understand that that has not been the case in the past . They have never found sufficient levels so it's not as though it's a big concern but I think they are on their toes so to speak in this regard and they just want to make sure everything is clear. The staff's recommendation is that the MMCD be allowed to test for the Aedes Triseriatus mosquito in the city parks and if populations warrant control, that the application of approved treatment substances only be allowed upon the city being notified and the area for treatment having been conspicuously posted 24 hours prior to the treatment. That was one area that they had agreed to undertake. The posting of public open space when they're treating. However what they did is posted one 4 x 8 post at the entrance to the park so we're asking that they make it a little bit more noticeable. In addition it is requested that staff be contacted prior to their — first testing so we can observe exactly what this testing procedure includes. From what I understand they go around in areas likely to hold, harbor this type of mosquito with a vaccum cleaner and if in 5 minutes they suck of 2 of this — type of mosquito, which I'm not sure I could identify them from any other mosquito, but if they do that , then they'll tell you they want to treat for LaCrosse Encephalitis carrying mosquito. There is no one here from Mosquito Control District . I take it with the recommendation in their affirmative, that they weren't concerned. Mayor Chmiel: Good. Thank you. Any concerns of Council? Councilwoman Dockendorf: Have we done this in past years? Applied this treatment? Todd Hoffman: Not to my knowledge in city parks, no. But in other areas of the city they have. Councilwoman Dockendorf: No adverse affects? Todd Hoffman: Again, not to my knowledge. They've done this on private — property. Mayor Chmiel: Anyone else? Can I have a motion? 33 CITY OF 410: CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Jo Ann Olsen, Senior Planner FROM: Todd Hoffman, Park and Recreation Director DATE: April 26, 1993 SUBJ: Chaska Machine This memorandum is to verify that as a part of the platting of West One Properties (Chaska Machine), the property will be subject to park and trail fees. These fees are to be collected at the time of building permit application at the rate then in force. Current industrial/commercial fee rates are $3,000/acre for park, and $1,000/acre for trail. In determining the acreage to be assessed, I was unable to locate the building permit file for the existing building. Assuming that the platting incorporates both lots and that the original permit did not include park and trail fees, the entire plat (95,394 sq. ft.) will be subject to fees. If fees were paid on the original permit, only the addition (34,236 sq. ft) will be subject to park and trail fees. pc: Todd Gerhardt. Assistant City Manager If �4: PRINTED ON RECYCLED PAPER CITY TF v‘r, CHANI1ASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 - MEMORANDUM TO: JoAnn Olsen, Senior Planner — FROM: Mark Littfin., Fire Marshal DATE: February 26, 1993 SUBJ: Site Plan Comments - "West One Properties" — I have reviewed the site plan for the "West One Properties" proposed addition and future — expansion, and have made the following comments: 1. Proposed addition must be fire sprinklered. Pursuant to the UBC 1988 edition. 2. , "No Parking, Fire Lane" signs must be installed as indicated on the submitted site plan. Pursuant to 1988 UFC Sec. 10.207(m). Signs must be installed per Chanhassen City Policy #06-1991 (copy enclosed). — 3. Policy #07-1991 "Pre Fire Plan" drawing shall be submitted to the Fire Marshal for approval (copy enclosed). — 4. Have Chanhassen Engineering Department verify turning radius around building to assure Fire Department vehicle access. — 5. Have building owner provide to the Fire Marshal and Building Official the type of business if known that will be moving in. — t PRINTED ON RECYCLED PAPER - CITYOF ;,i, :. ClIANHASSEN t i=A•1�. 4 '-`-1i,.1..— 690 COULTER DRIVE • B P.O.O OX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 CHANHASSEN FIRE DEPARTMENT POLICY REGARDING PRE-PLAN Prior to issuing the C.O. , a pre-plan, site plan shall be submitted to the Fire Department for approval . The following items shall be shown on the plan. 1) Size 11" x 17" (maximum) 2) Building footprint and building dimensions 3) Fire lanes and width of fire lanes 4) Water mains and their sizes, indicate looped or deadend 5) Fire hydrant locations 6) P. I.V. - Fire Department connection 7) Gas meter (shut-off) , NSP (shut off) 8) Lock box location 9) Fire walls, if applicable 10) Roof vents, if applicable 11) Interior walls 12) Exterior doors 13) Location of fire alarm panel 14 ) Sprinkler riser location 15) Exterior L.P. storage, if applicable 16) Haz . Mat. storage, if applicable 17) Underground storage tanks locations, if applicable 18) Type of construction walls/roof 19) Standpipes Chanhassen Fire Department Fire Prevention Policy #07-1991 Date: 01/16/91 Revised: Approved - Public Safety Director Page 1 of 1 ftWs- to 4: 4: PRINTED ON RECYCLED PAPER C I TY OF ... .„1-N.%.,- -i 4 _, CHANHASSEN .,f,-,„,-_ _). .,,..„-.0,..;-,,./., _,-- :c.,, , , _,...._ ,1/4 . 41›. if.- se 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 CHANHASSEN FIRE DEPARTMENT POLICY REQUIREMENTS FOR FIRE LANE SIGNAGE 1. Signs to be a minimum of 12" x 18" . NO 2 . Red on white is preferred. PARKING FIRE 3 . 3M or equal engineer's grade LANE reflective sheeting on aluminum is preferred. /\ 4 . Wording shall be: NO PARKING FIRE LANE 5. Signs shall be posted at each end of the fire lane and at least at 7 ' 0" 75 foot intervals along the fire lane. 6. All signs shall be double sided facing the direction of travel. 7 . Post shall be set back a minimum of 12" but not more than 36" from the curb. - V - 8 . A fire lane shall be required in (NOT TO GRADE front of fire dept. connections SCALE) extending 5 feet on each side and along all areas designated by the Fire Chief. ANY DEVIATION FROM THE ABOVE PROCEDURES SHALL BE SUBMITTED IN WRITING, WITH A SITE PLAN, FOR APPROVAL BY THE FIRE CHIEF. IT IS THE INTENTION OF THE FIRE DEPARTMENT TO ENSURE CONTINUITY THROUGHOUT THE CITY BY PROVIDING THESE PROCEDURES FOR MARKING OF FIRE LANES . Chanhassen Fire Department Fire Prevention Policy #06-1991 Date: 1/15/91 U Revised: Approved - Public Safety Director Page 1 of 1 If taOr PRINTED ON RECYCLED PAPER Sharmin Al-Jaff April 29, 1993 Page 2 EROSION CONTROL Erosion control measures are not implemented on the plans. Staff recommends that erosion control fence (Type I) be installed along the easterly, southerly and a portion of the westerly property line at the grading limits. Based on the landscape plan, it appears all disturbed areas will be restored with sod. RECOMMENDED CONDITIONS OF APPROVAL 1. The applicant shall submit detailed storm sewer calculations prepared by a professional engineer for the City to review. 2. The applicant shall provide a $500 security for connection to the City's storm sewer line and boulevard restoration on Picha Drive. This fee will be refunded upon satisfactorily completing connection and restoration of the City's boulevard. 3. Type I erosion control fence shall be installed around the perimeter along the grading limits. ktm c: Charles Folch, City Engineer — C I T v O C PC DATE: 6/2/93 I r ti",:e CUA HAS SEN CC DATE: 6/14/93 CASE #: 93-3 WAP By: Aanenson:v STAFF REPORT PROPOSAL: Wetland Alteration Permit for the construction of additional roadway adjacent to a Natural Wetland LOCATION: 1000 feet north of West 78th Street, south of Saddlebrook Subdivision, on the east z side of Powers Boulevard. U J APPLICANT: City Of Chanhassen a, a- _ Q PRESENT ZONING: R12, High Density Residential ACREAGE: 2.25 acres DENSITY: ADJACENT ZONING AND LAND USE: N - RSF; Residential Single Family Q S - BG; General Business E - R12; High Density Residential Q W -R12; High Density Residential � WATER AND SEWER: Not applicable — PHYSICAL CHARACTER.: The site is adjacent to Powers Boulevard and between the Saddlebrook and the "Oaks Development". 2000 LAND USE PLAN: Not applicable ' :-- 11.i....tia caailEtzglifir ///7 1Y , t vi 1: o CS wl '_to Valtas IOLET i V L� c ‘‘ Li ' INA ,�4c • mai_...--ii (`• 1 . ' iiS tte14''. Mb.We ��ionin ill ese . . :11 v ' �' \ . _. LAKE ff141191! owe�� ter- . . fic - ;I = �4/'i1' cc•1 ?as - -.- Arilirk:ip! :- tiCAntrit ro- •; It* c-A------------r. '-------- - — 41 . la it s.„,- Ee K,M t y t-40 iii: vilimiL k.. r•ri a,w. • F _/ s '� i , l r � 9 A ilimum - A GRE $' � " • .- $`'`'.� i!�. ES 10111Will Ill it ,1A r _ . (2, ,.....----,40‘ Av. iminnatt 4" rd p itti w Li vitlifilmiii:of tre;41411S4' liff's I'/I / GREEN PARK SI le Miff I MVP It1141141;414; �s�� Ft� ��'�� ' -��,,,Q' !! �r�� itu� i &�� co v. illk do�. 4 tot �fi�� v�j� gL,S1. _ = _„_„----- ----- inyv#11/ -_ -isitirus - -. .sAkuw no ate L 4K, mar�cop�41411 Sia Mide n iz,a �i�� 4 Mr ME ttlin /ft* ANN DI 4NHAPK We+) d PA" X44 " �r �•,� li1 ' M. .-J. Jr arm - ft..° g hir II�i 1rc /PC,., re S©mti iliia,.,.„,;Li;(is 1111111111c en ffl• OUL E Vq RD �� ?FOC MMINTstiti* -1 - MIMI kigiiinligriggeass ligtj' irilleloot r, ■ J 10 -......-- tr_ Ro•D i 1,4 i .t. ow * -1-- i-- ir isill ,••• .4,111_,,r ... .______ .............„, "or S -.ila tikr , IOWORivE Y C NI tit" , IGKWA ,J� ,>irt;.E... SP � J .../,: �r PARK Z f- , Powers Boulevard WAP June 2, 1993 Page 2 PROPOSAL/SUMMARY In conjunction with the City's West 78th Street Detachment Improvement Project No. 92-3, Powers Boulevard (County Road 17) is proposed to be upgraded to urban standards which includes street widening. Powers Boulevard will be widened from West 78th Street north to the Saddlebrook Subdivision. The project will also include the bike trail along the eastern side of Powers Boulevard from West 78th and then tieing back into Saddlebrook Development. The Powers Boulevard road improvements will involve filling along the east side of Powers Boulevard adjacent to and into a small portion of the wetlands approximately 0.02 acres (see Attachment No. 1). Mitigation measures are proposed further to the north along the same side of the wetland. No tree loss is proposed with this application. ANALYSIS Back in December, 1992, the Oak Ponds/Oak Hill development located east of the wetland between Powers and Kerber Boulevards received a wetland alteration permit for development/enhancement of the two existing storm water retention ponds created with the development of the Saddlebrook development. This wetland alteration permit also discussed enhancing the natural wetland located downstream (west) of the two ponds. However, at that time the specific improvements other than raising the water level were not discussed. Since then the City's wetland consultant, Frank Svoboda & Associates, has field-verified the edge of the natural wetland adjacent to Powers Boulevard. The surveyors from the Oaks development have surveyed the wetlands and prepared a drawing showing the edge of wetlands and adjacent trees (See Attachment #1). Bonestroo & Associates has updated their storm water and water quality review for the proposed "Oaks" development based on this new information on the natural wetland delineation. The plan previously proposed on raising the normal water level (NWL) to 943 in the natural wetland with an outlet control structure on the culvert which flows underneath Powers Boulevard. Due to the impact on the existing oak trees, the water level has been revised to NWL 938 and 100-year flood level of 943.0. These modifications will create a diversity in the wetland by creating standing water over approximately the southerly 1/4 of the wetland and the balance will remain as it is today. A sediment basin is still being constructed with the "Oaks" development to pretreat storm runoff prior to discharging into the wetland. This wetland is not under the jurisdiction of the DNR . Because the area of fill is under 0.50 acres, the wetland falls under the nationwide permit issued by the Army Corp of Engineers The area of fill is adjacent to and includes a small portion of the wetland, approximately 0.02 acres The wetland contour edge varies from 939.0 to 940.0 elevation. The filling will occur within the 937 to the 940 elevation. Mitigation measures are proposed further to the north along Powers Boulevard WAP June 2, 1993 Page 3 — the same side of the wetland. Replacement should occur at the same time as the filling of the wetland. No tree loss is proposed with this application. _ RECOMMENDATION Staff recommends the Planning Commission approve Wetland Alteration Permit#93-3 with the following conditions: 1. Type III erosion control be in place around the construction boundaries of the wetland. 2. Wetland replacement shall occur concurrently with the filling of the wetland. _ ATTACHMENTS — 1. Map of Wetland fill and mitigation. 2. Wetland Inventory. — 3. Public Hearing Notice. S4, MN 1='11'.IL I / / I / / / _ 1 I / I124y'// I 1 X J,o�a l 1 4�� field Lrtat* MetiaM ECKANKAR 1 1 fir As Nuked liy others. I ! 1 3� 1 I .:�� °«c II f / A 1 _ / • i' 1 / / i REPLACEMENT AREA / �' " ► / / 0- I / �;Sn /j/ ` , r • i 8 T1a / `I /' 78 / ,i., = II e-- 140 J i' '' o- 1l► II IiI 1 yok i °I r.1 _ 1 4I 1 . 1, IIIA/ i1 , rr / lit FILL AREA / / f I //I i+ 31 : I I Ij�1 ,Is I I/ /l I I I. ISI (4 7 ..� i ♦ III �ST.� 1 � Asti / I E � I ' ' I ( f } ( n ��1 / zh� — t+�s5 r r p. III (} 1 } 11t-� o°./ - 111 I II } 1 b,44 . ►' �` `sass CC Ii } } } } L. / � ' V I 1 1 -� #,' 77tiP ss \ ' ' 1 � ► iL �i�'%•� • J I 1 1 1 i� --`��`1`i.. °�i ��' '' #*, 10.1.-- W 1_ \ \1,/ /,% �/ % Pais ,0, " 's 00 } } \ /��/ _ 0, M N : T T I,$e SANTA YERA(PROPOSED) i OAK HILL/OAK PONDS i [ I I 1_ _i_ li ATTACHMENT 1 Il CQ� City of Chanhassen Wetland Observation Records Wetland No.: 3 (Field Review): Al I -1E61) (Official Map) Location HE,nl T; R; 1 1 Section On USGS NWI: ✓ Y N Observer Initials: - Date Visited: 5 /j / q2- Picture ZPicture Number(s)/Roll #:21Z-23IEK2 Picture Nos.: ,rt_L4r.4-,> Classification Wetland Type: 2M(, (Cowardin); 7— (Circular 39) Wetland Location: Lakeside Streamside Headwaters ✓ Isolated (upland) Edge of Wetland Contour 'q p Caries) City Class: (P)ristine ; (N)atural ✓ ; (A)g/Urban ; (U)tilized Watershed Characteristics Wetland Size: acres Direct drainage area: acres Total drainage area: acres Open water area: acres Vegetation Dominant Plant Species: ID Reed canary grass 5 Cattail Y U Mem 5 6-vr.424,?-1 ,zr.-ot S rL�u r, dL 51,Q� -lst��— r •--e 5 s Z V I . /4,r 00.,; Purple Loosestrife: (D)ominant; (A)bundant; (S)ome; (I)ndividuals;Oone Plant Diversity: No. Species Dominant 2; 3-5; 7 Percent open water: °i, Land Use Influences — Surrounding Land Use (Percent): 1 C iD Residen 'OM, D, Rur. — Commercial/Industrial — — Agricultural Open Water 35% Wooded Institutional f 5% Vacant Field 4- �I pio (describe below) Hydrology Water Source: Natural; ✓ Stormwater; Unknown Inflow: Stream; Ditch; > Stormsewer; Surface Outflow: Natural; Ditch; ✓ Culvert; None Sedimentation/Siltation: Y ✓ N Flooded -dead or dying trees: Y i/N Drains to .5-9..,si.;, ,,x,,t— .Pr, A i I —1 s(I) ; (Direction; Wetland No.) (C)ontinuouslytt asonally; (I)ntermittently; (R)arely Soil Classification Soil Type Abby.: Soil Name: Other Wildlife Observations:l (A), Vle General Notes/Comments:..&14.2.,c,, d .� r9nr1_'�-arL1 +9-i. 14say, 44�-.^114nc ,,,:�,1 W0_0— c a .,,./4.1, 4� a' 4 el Section No. 1 Wetland Sketch;Photo Locations 1 4 E.•% h.l \ C wiferad -4) 4 . NI-/Z-(2-) 9 12 /i if, 1,...144-' 16 , l e PA (2) zv "- Not to Scale ir' I • ��IIIIIII�.• • .Ivan A. 5 iilk E3 Lir; NG PARK016iirriallielli�► � al " *10�� - NOTICE OF PUBLIC HEARI ? .Y4A �r i iii110 lc PLANNING COMMISSION MEETING 1 to � il v• ' •`��,;` Wednesday, June 2, 1993- 7:30 P.M. , ,ee 4�� l �1 C City Hall Council Chambers • wQ ram Nt 690 Coulter Drive 4IIPillria Mei :eV ki ©‘V ` ` u��,1 Li , Ott * �� int,Project: Wetland Alteration Permit a A. . II Chanhassen pOND • ,it Developer: City ofa. x a Wv Location: Powers Boulevard/West 78th a y Street 4 _-1,i ix Y =A1 . r ci 1r - /� _ d J Notice: You are invited to attend a public hearing about a development proposed in your area. The City of Chanhassen is proposing a wetland alteration permit to accommodate — improvements to Powers Boulevard. What Happens at the Meeting: The purpose of this public hearing is to inform — you about the developer's request and to obtain input from the neighborhood about this project. During the meeting, the Planning Commission Chair will lead the public hearing through the following steps: 1. Staff will give an over view of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses project. The _ Commission will then make a recommendation to the City Council. Questions or Comments: If you want to see the plans before the meeting, please — stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Jo Ann at 937-1900. If you choose to submit written comments, it is helpful to have one copy to the Planning Department _ in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on May 20, — 1993. i, — _ ENTERPRISE PROPERTIES TIMOTHY J & JOAN BODE KARL & MARY ROLLAR 11900 WAYZATA BLVD #208 785 SANTA VERA 7550 CHIPPEWA TRAIL MINNETONKA MN 55343-5358 CHANHASSEN MN 55317 CHANHASSEN MN 55317 _ DAVID & DEBRA RUGG PAUL & KAREN NORELL KIP A HANSON 7560 CHIPPEWA TRAIL 7570 CHIPPEWA TRAIL 7580 CHIPPEWA TRAIL CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 JEFFREY GJERSVIK THEODORE LUGOWSKI ROBERT M STARK - 7591 CHIPPEWA TRAIL 7571 CHIPPEWA TRAIL 725 SANTA VERA DR CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 SHELARD PLAZA COMPANY ROBERT L ROSETTER DAVID LEMKE SHELARD DEVELOPMENT CO 751 CHIPPEWA CIRCLE 7500 CHIPPEWA TRAIL - 1025 SHELARD TOWER CHANHASSEN MN 55317 CHANHASSEN MN 55317 ST LOUIS PARK MN 55426 -JAMES E SPAULDING TIMOTHY & DANA BOLLIG BRIAN & DIANE LIPSIUS 7520 CHIPPEWA TRAIL 7540 CHIPPEWA TRAIL 740 SANTA VERA DRIVE _CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 -ROBERT REYNOLDS HANS & MAVIS SKALLE JOSEPH PERTTU 760 SANTA VERA DR 780 SANTA VERA DR 790 SANTA VERA DR CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 ECKANKAR MICHAEL & JULIE LINDELIEN DALE & LINDA KEEHL -P 0 BOX 27300 7610 CANYON CURVE 7600 CANYON CURVE NEW HOPE MN 55427 CHANHASSEN MN 55317 CHANHASSEN MN 55317 STEVEN & DEBRA WOLTER GREG&CYNTHIA HROMATKA JACK & DIANE THIEN _7590 CANYON CURVE 7580 CANYON CURVE 7570 CANYON CURVE CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 MICHAEL & MARY HENKE TIMOTHY J ANDERSON DAVID & JANE CALLISTER 7560 CANYON CURVE 7550 CANYON CURVE 7540 CANYON CURVE -CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 GREGG & MICHELLE GESKE KELLY REDLIN ROBT & KATHERINE BOHARA 7530 CANYON CURVE 7520 CANYON CURVE 7510 CANYON CURVE _CHANHASSEN, MN 55317-9033 CHANHASSEN MN 55317 CHANHASSEN MN 55317 CRAIG & JANE JOHNSON DAVID & KAREN BRAMOW SCOTT A DILLON 7500 CANYON CURVE 7490 CANYON CURVE 1400 LAUREL AVE N CHANHASSEN MN 55317 CHANHASSEN MN 55317 MINNEAPOLIS MN 55403 Johansson Builders, Inc. JEFFREY & RONDA HIGGINS LYNN LORD 7470 Canyon Curve 7541 CANYON CURVE 7531 CANYON CURVE — Chanhassen, MN 55317-9033 CHANHASSEN MN 55317 CHANHASSEN MN 55317 JAMES & PATRICIA ANN RUSS RANDALL & M SWATFAGER MARK & CINDY SCHALLOCK 7521 CANYON CURVE 7511 CANYON CURVE 7501 CANYON CURVE CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 RANDALL ERICKSON & JEFF & S MCCOSKEY JOHN M III & JEAN LINFORTH MICHELLE ERICKSON 7481 CANYON CURVE 7471 CANYON CURVE 7491 CANYON CURVE CHANHASSEN MN 55317 CHANHASSEN MN 55317 _ CHANHASSEN MN 55317 RICHARD S BROSE ETAL West Village Townhouses C/O T F JAMES COMPANY P. O. Box 88 P 0 BOX 24317 Rosemount, MN 55068-0088 MINNEAPOLIS MN 55424 CITY OF CHANHASSEN \ - 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 _�% MEMORANDUM TO: Planning Commission FROM: Paul Krauss, Planning Director DATE: May 27, 1993 SUBJ: Report from Director At the May 24, 1993, City Council meeting, the following actions were taken: 1. Request to rezone and subdivide 13 acres into 22 single family lots, Royal Oak Estates, Galpin Boulevard, Brett Davidson, was approved with conditions as recommended by the Planning Commission. 2. Revocation of Conditional Use Permit for Contractor's Yard, 1700 Flying Cloud Drive, Harry Lindbery. Mr. Lindbery's attorney cited many of the same arguments that were heard by the Planning Commission. Frankly, he continued to use his policy of disinformation in an attempt to discredit materials prepared by staff. Steve Kirchman, Building Official, was present and was easily able to refute most of these statements. In fact, information that Steve presented made it clear that Mr. Lindbery's attorney has submitted false documentation relative to copies of the original building permit request and plan submittal. The City Council reacted much the same the Planning Commission did and voted unanimously to revoke the CUP. 3. Discussion of official mapping and extension of Nez Perce Drive and realignment of Peaceful Lane (see attached staff report). As the Planning Commission is aware, the City has embarked upon a long term coordinated plan to extend Nez Perce from Lake Lucy Road up through to Pleasant View Road. The original plan was developed in 1989 with the Vineland Forest plat and was continued through the 1991 Troendle Addition and a related interim use permit for grading. Throughout it all, the concerns of residents along Pleasant View Road and Lake Lucy Road have been discussed at length. Frank Beddor, who is a home owner on Pleasant View Road, has, through his representatives, played an unusually large role throughout. The original concerns relative to a landing point on se Or PRINTED ON RECYCLED PAPER Planning Commission May 27, 1993 Page 2 Pleasant View Road were raised Mr. Beddor and his representatives. The realignment of the road corridor was thoroughly reviewed and understood by these same people. Mr. Beddor participated financially in a number of these developments and was fully aware of the decisions. Recently staff met with a proposed developer of the remaining piece of the puzzle, the Art Owens' property. Mr. Owens' property was in bankruptcy proceedings and Mr. Beddor purchased the north half of the property and the developer purchasing the south half. At this meeting Mr. Beddor's representatives indicated that they had a change of heart and decided that the most appropriate place to put a home on the lot they purchased from Owens' was exactly where the road was supposed to go and they were therefore no longer in favor of the road. Staff took exception to this 180° turn at this late date, citing the many commitments that were made by the City Council to residents on Lake Lucy Road to ultimately find a second means of ingress into this neighborhood. Last year, we took a feasibility study from the road completion to the City Council with a proposal that the alignment be officially mapped so that just such an event could be prevented. The Council declined to do so at that time due in large part to comments made by Mr. Beddor's attorney indicating that as soon as the bankruptcy proceedings were completed, they would cooperate with the city. Given this course of events, I elected to take this matter directly back to the City Council for immediate guidance and action. The range of options I presented to them were ordering the official map, establishing a moratorium on development until the final alignment could be selected, or deleting the road connection from city plans and serving the area via cul-de-sacs. Staff does not support the cul-de-sacs for the reasons that you are quite familiar with since they relate to most similar situations. The City Council heard staff's report and the response of Mr. Beddor's attorney. Mr. Beddor's architect actually developed a "plan" that would have looped Nez Perce back to Lake Lucy Road via unutilized 50 foot right-of-way that runs between two homes. I made it clear that use of this right-of-way was considered 4 years ago and was dismissed due to severe grade problems, impact on adjoining homes, and the fact that it did little to resolve the fundamental access issues. Approximately 20-25 residents from Lake Lucy Road were present who also spoke. The longer standing members of the City Council expressed a lot of frustration with Mr. Beddor's about face on this issue. Stating a belief that this matter had been decided previously. After a lengthy discussion, the City Council unanimously directed staff to initiate condemnation of the entire parcel purchased by Mr. Beddor from the bankruptcy court. Staff is currently initiating action and as of yet we have not heard back from Mr. Beddor's representatives. 4. Auto Related Use Ordinance. At the end of the City Council meeting, staff was directed to promptly bring back changes to City Code related to auto related uses. Staff is still uncertain as to whether or not the Council understands the full scope and impact of what Planning Commission May 27, 1993 Page 3 such an ordinance may involve but we agreed that we would work with the City Attorney — to expedite its development. We will be returning this item back to the Planning Commission in the near future. ONGOING ISSUES REVISED JUNE 2, 1993 IS SUES STATUS 1. 1995 Study Area (North) and Hwy. 5 On-going work with Task Force. Grant Corridor Study request to fund $300,000 pedestrian bridge over Hwy. 5 near CBD has been submitted to MnDOT ISTEA grant process. Request made to HRA to fund Project Manager for Park and Ride/Legion/AVR proposal. Public hearings to be held summer/fall, 1993. 2. 1995 Study Area (South) Assigned to Planning Commission staff. Work to be initiated as time commitments allow 3. Sign Ordinance Draft ordinance has been completed and will be reviewed by the Hwy. 5 Task Force in May. Staff expects to get it to the PC during June. CC asked that the committee look at limiting the number of sign boards on building exteriors for office buildings. 4. Tree Protection Ordinance, Mapping Advisory Tree Board established by City of significant vegetative areas Council. Currently working on issue. Forestry intern hired. New ordinance being drafted. 5. Shoreland Ordinance Staff is currently working on draft of the _ ordinance. Initial comments delivered to MnDNR. Will place on upcoming PC agenda. 6. PC input in Downtown Planning and Ongoing. Work continuing on refining plans Traffic Study for downtown community center proposal and senior housing development. 7. Review of Architectural Standards to Hwy. 5 Task Force is working on this issue. Promote High Quality Design Will likely influence what is done in balance of city. 1 8. Bluff Creek Corridor Greenway Park and Recreation Commission is undertaking update of the recreational — element of the Comprehensive Plan. Bluff Creek issues to be dealt with in this format. Working with MnDOT to install bridges over creek for Hwy. 5. Recreational easements being taken over the creek in vicinity of Laurent farm near Pioneer Trail under proposed platting. Land for school site and trail south of Hwy. 5 and north of Timberwood acquired by City Council — action. 9. Temporary uses, sales - new Staff to bring back to Planning Commission — ordinance at a future meeting. 10. Sexually oriented businesses Scheduled for City Council review. — 11. Open Space Zoning Requested by PC. 12. Upgrade landscaping ordinance To PC in July. Staff attended Parking Lot standards to meet criteria established Design Conference in March. during Target Review. 13. Joint meeting with Park and Requested by PC. — Recreation Commission on natural area preservation and Park Comprehensive Plan. — 14. Reviewed land use designation of To be scheduled at June PC meeting and parcel located west of Hwy. 41 and will be discussed at Hwy. 5 Task Force — south of Arboretum. Meeting. 15. Auto related uses. CC wants to review potential of eliminating — them from the city and zoning ordinance. 16. Local/Collector Street Plan PC requested discussion of potential — developing a map and plan. 17. Existing use zoning - BF District PC requested discussion. — * Change in status since last report. 2 ac /cc_ �sW�c� er R h News from the Minnesota River Restoration Project Spring 93 This is the immense threat—that when we lose one set of connections, we end up severed from all connections. —Tony Hiss Riparian areas offer unique benefits to our rivers and streams by Terri Shopa Most of us have a place, near the water, that is special to us. In this place you might find trees, open grassy areas or a complex mix of shrubs and trees. Most likely it offers a unique sanctuary to birds, animals, insects and flowers. At least a few times a year, it is probably flooded. These unique areas that create a transition between water and upland areas are called riparian zones. Riparian zones characteristically have high densities and a great diversity of animal and plant species. Consequently, they form important corridors or pathways for the movement of living things within the larger landscape. These zones have a number of other functions as well. Trees and vegetation stabilize streambanks and shade the water, regulating light and temperature conditions for aquatic organisms. Riparian areas capture and retain surface runoff that comes from upland areas, thereby holding some of the nutrients and soil that might have otherwise reached rivers and streams. Under natural conditions, a riparian zone can operate in four ways— as filter, transformer, sink and source. Filter—Leaf litter, grasses, and porous soils found in these zones slow the movement of surface runoff, allowing some soil particles and other solids to settle out before reaching surface water. Transformer—Toxic chemicals are changed into nontoxic forms through biological and chemical processes operating in the riparian zone. Sink —Sediments that are caught and stored in forest or gress litter eventually become part of the soil. Phosphorus easily bonds with soil particles, reducing the amount that can reach rivers by as much as 80 percent. In addition, nitrogen and phosphorus are removed from the soil when they are used by the trees and plants in the corridor during their growth cycle. Source —The riparian zone provides nutrients to the water in the form of leaves, insects, fruit, twigs, etc. Many of these things serve as a source of food for aquatic organisms. Many federal, state and county agencies are now promoting the maintenance and restoration of riparian zones as critical buffers areas between upland land use practices and our waters. Riparian areas that have been least affected by development activities are the most effective buffers. River Reach 2 Along the Minnesota River and its tributaries, many of the natural riparian areas and buffer strips have been altered or affected in some way by agricultural practices and urban development. With the loss of these areas, the Minnesota River has become increasingly exposed to chemicals and soil from upland areas. While maintaining or restoring riparian areas along our streams is very beneficial to water quality and wildlife, it cannot be looked upon as a "magic bullet" for addressing water quality in the Minnesota River. Healthy riparian zones along our streams, coupled with changes in our upland land use practices are the only real way to significantly improve water quality in the Minnesota river over the long term. ❑ • Exactly what are water quality standards? by Muriel Runholt Over the past 20 years, our nation's waters have improved significantly. Some improvements are quite obvious to the observer; others are not as easy to detect. Many of these improvements have resulted from implementation and enforcement of the Clean Water Act of 1972 and its subsequent amendments. One cornerstone of the Clean Water Act is the water quality standards program. As part of this program, states must designate uses for all waters, e.g., drinking water, fishing and recreation or wildlife use, and the specific water quality criteria to protect that use. There are seven possible classes (designated uses) for our waters in Minnesota. They are: 1) domestic consumption, 2) fisheries and recreation, 3)industrial consumption, 4) agricultural irrigation, 5) aesthetic enjoyment and navigation, 6) other uses, and 7)limited resource value waters. Each class has its own water quality standards. If body of water is classified in more than one category, all the water quality standards for each of the classes apply. If the water quality - standards for a particular parameter for the various standards are different, the more restrictive standards apply. Water quality standards can be developed for a whole range of pollutants. These standards often set limitations on the amount of pollutants that can be in a body of water. These limits are developed to protect the designated uses of the water. For example, a dissolved oxygen standard is applied to those waters designated for fisheries and recreation. This standard will ensure that the proper levels of dissolved oxygen are present in the water to ensure healthy fish populations and to protect other aquatic life. Use designations for the Minnesota River are different, depending on the portion of the Minnesota River you are looking at. Sites in the upper reaches of the river are designated as Class 1, 2, or 3, while the lower reaches of the river are designated as 2 or 3. Under summer, low flow conditions, water quality standards are often violated in the lower reaches of the Minnesota River. Specifically, standards for dissolved oxygen, turbidity and bacteria are violated during this time of the year. Dissolved oxygen needed to support fisheries and other aquatic life is often found to be too low and bacteria levels too high. In order to meet River Reach 3 water quality standards in the lower reaches of the river, it is estimated that nonpoint source pollution (contaminated runoff) must be reduced by 40 percent. Nonpoint source pollution is the major cause of pollution in the Minnesota River. The public can play a role in setting state water quality standards. Every three years, states must revisit and revise, if needed, their water quality standards. Public hearings are held at that time to solicit public comments on those standards. If you wish to participate in the next round of hearings on water quality standards, contact Greg Gross of the MPCA Water Quality Division at (612) 296-7312. ❑ • Clean Rivers Project mobilizes citizens in Minnesota River basin We've all seen them at one time or another. Small trash heaps, tire dumps, piles of discarded appliances, and other carelessly disposed of debris are commonly found in hidden ravines, along the edges of streams, or buried in the woods near our favorite rivers and lakes. As much as we may hate to admit it, illegal dumps are still prevalent throughout the state, and the Minnesota River basin is no exception. In Faribault County, for example, 270 illegal dumps were documented, with approximately 60-70 percent of these found along the banks of the river or its tributaries. Last year, the Minnesota Conservation Corps and Sentencing to Service pulled 93.7 tons of debris from some of these illegal dumps. Many natural resource professionals believe that other counties have similar numbers of dumps to contend with. In addition to being eyesores to all who happen upon them, illegal dumps can also create environ- mental hazards. Improperly discarded oil, pesticide or other chemical containers may cause seri- ous contamination of rivers, wetlands and groundwater. Other garbage, such as old car batteries, may contribute toxic metals to the river system. Over the past several years, volunteers around the Minnesota River basin have cleaned up tons of trash along the river, including appliances, cars, tires, barrels, furniture, and almost anything else you can imagine. Volunteers have said that seeing the impact of careless, thoughtless behaviors on the river brings a deeper sense of caring for and connectedness with the river. While many volunteers find it disturbing to see how poorly the river has been treated, they are also rewarded with the immediate gratification of seeing tons of debris removed from the river and carted off to a recycler or landfill. A Minnesota Department of Natural Resources program called the Minnesota Clean Rivers Project provides assistance to grass roots organizations that are interested in cleaning up a portion of the Minnesota River or any of its tributaries. At the beginning of 1993, 150 groups had agreed to protect 450 miles of shoreland in Minnesota through this program. If your organization would like to adopt a river or stream, contact the Minnesota Clean Rivers Project for a free "how to" kit, that covers everything you will need to know to have a successful cleanup. For a free "how to" kit call (612) 297-8291. For more information on the Clean Rivers Project, contact Paul Nordell at (612)297-5476. River Reach 4 Minnesota River Citizens'Advisory Committee debates river's future In 1992, the Minnesota River Citizens'Advisory Committee was established to develop recommen- dations for improving water quality in the river. The committee, comprised of 30 individuals, was created by the Minnesota Pollution Control Agency. Committee members were chosen based on nominations from many organizations and individuals in the river basin. The committee members have gathered together out of the shared desire to see real improvements in water quality and the overall environment in the river basin. The committee's purpose can be summarized by the mission statement that they developed early in 1992. The mission of the committee is to "develop a set of recommendations for improving water quality, biodiversity and the natural beauty of the Minnesota River." Specific goals were also developed by the committee: • encourage local units of government, other entities and individuals to play a major role in implementing solutions to Minnesota river problems • encourage improved intergovernmental cooperation • ensure equity between what will be expected of rural and metropolitan areas in solving the river's problems • significantly improve public involvement and awareness, and • ensure economically viable farms, rural and urban communities in the river basin. The committee has met seven times, and will be meeting monthly throughout most of 1993. To date, the committee's activities have focused on developing a mission statement and goals, and on gathering broad background information on the water quality problems in the river. Specific issues the committee will explore further include the effect of drainage activities and land-use practices on the river and the tributaries. During the remaining months of 1993, the committee will explore a variety of issues, and begin the difficult task of sorting through information and developing draft recommendations. Their draft recommendations will be proposed to the MPCA's Citizens Board for approval and will then be available for public comment late in 1993 or early in 1994. Final recommendations will be distributed widely to the general public, legislators, state agencies, and local units of government. This committee's recommendations will provide the foundation for implementation efforts that will take place over the next several years. For more information about the activities of the Citizens'Advisory Committee or for a copy of meeting minutes, contact Lynne Kolze at (612) 297-3825. 0 River Reach 5 Fishy facts from the Minnesota River by Konrad Schmidt and Pat Bailey The often muddy waters of the Minnesota River may not be at the top of your list as an intriguing wildlife haven, but this river has harbored some pretty interesting, big and unusual fishes. The Minnesota River can boast of being home, at one time and another, to a former state record fish and six rare fishes. The flathead catfish is one of the state's largest, and some say ugliest,fish. The fish's name aptly describes its very wide and compressed forehead which appears to have been flattened. For several years, the record flathead catfish for the state was from the Minnesota River near Henderson, caught in 1930. This fish was listed in the Minnesota Fishing Regulations as weighing an incredible 157 pounds. However, because this fish had been speared, a revised hook and line rule forfeited the crown to another fish less than half this weight. Another catfish family member, the blue catfish, can also be a monstrous fish. This catfish closely resembles its much smaller and more common cousin, the channel catfish. Both have forked tails and are handsomely streamlined in comparison to the obese flathead. The blue catfish is, however, blue in color and lacks spots. There have been no specimens taken in this species recently. The blue catfish is considered to be very vulnerable to pollution and its numbers have also declined throughout the Mississippi, probably for this reason. Paddlefish and sturgeon are some of our most primitive fishes, and they are often referred to as living fossils because they are remnants of ancient fish families. Two families of the sturgeon family, the shovelnose and the lake sturgeon, have been found in the Minnesota River. The shovelnose is much smaller and more slender than the lake sturgeon and has a head resembling a spade. Although not abundant, the shovelnose is still found from the mouth of the river upstream to Granite Falls. However, the lake sturgeon, which is the largest of our native fishes, has not been seen in the Minnesota River for decades. The paddlefish has been taken much more recently from the Minnesota River. An angler caught one in Mankato in the winter of 1991. The paddlefish has been considered to be in decline in the Mississippi River system for many years due to dam construction and pollution. The paddlefish has a long snout that may comprise up to one third of its body length. This fish is a filter feeder and sifts zooplankton (small floating animals) through fine screens in their mouths in the same way that baleen whales feed in the oceans. Another fish that is extremely rare in the Minnesota River is the black buffalo. The black buffalo is one of the largest members of the sucker family. Its body is very deep and robust, and with some imagination, its large head does resemble a buffalo. The presence of the black buffalo, long been suspected in Minnesota, was not confirmed until 1991 when a fisherman caught one in the Cottonwood River at New Ulm. The blue catfish, shovelnose sturgeon, lake sturgeon and paddlefish have been designated by the Department of Natural Resources as species of Special Concern. These species are considered extremely uncommon or have highly specific habitat requirements or are at the periphery of their range. The decline of those fish that were once abundant are linked to several activities including the damming of the Mississippi River, pollution and overharvesting. The rediscovery of some of these species in recent years is a reminder of what we have lost and perhaps is a hopeful sign for the future. River Reach 6 Setting water quality goals and objectives: defining the players by Greg Johnson Articles in previous issues of River Reach have focused on the importance of designing effective water quality monitoring plans before collecting water quality samples. This article will continue discussion on setting water quality goals and objectives. The first step in setting goals and objectives involves defining existing water quality conditions in a project area. The next step involves defining who the "players" are in the project area and what their roles will be with respect to implementation activities. After completing these steps,you should be able to set appropriate water quality information goals and objectives. Identifying the players and defining their roles is necessary so that the capabilities and/or limitations of the organizations and people involved can be realistically assessed. If this is not done, the data gathering goals and objectives may not be attainable. It is critical to realistically match information needs with available staff resources. Documentation of the individuals' roles and responsibilities with the project is important in preventing confusion and/or discontinuity in cases where people and duties change. Change is inevitable, and it is important to be prepared so that a project can continue on an even keel, even though there may be a temporary disruption. Projects often operate with only general commitments of time and money for the operation and completion of a project. Many of these projects end up experiencing problems that could have been avoided through careful planning and development of detailed descriptions of project roles and responsibilities. Information needed in identifying the "players" and their roles in a project includes the following: • name of each organization and individual participating • project role(s) for each organization or individual • specific project tasks (as appropriate at this stage of planning) • amount of time that staff can commit in order to fulfill project role • experience/expertise of each organization or individuals as it relates to fulfilling project roles, and • description of"how-tos" for making transitions as they become necessary due to changes in the project organization. An evaluation should then be made to determine if any areas of activity or responsibility are missing from the project. If it appears that all your bases are covered, you can proceed into the actual development of information goals and objectives. If something is missing, you may want to lay out a framework for obtaining this item whether it involves another organization, person, or just - an expansion of current responsibilities. The next issue of River Reach will finish the discussion of setting water quality goals and objectives. For a summary of information on these topics, contact Greg Johnson at(612) 296-8847. River Reach 7 Minnesota River Mind Boggle ACROSS DOWN 1. This lake is the headwaters for the Minnesota River. 2. A physical or chemical change in the water that makes it unfit 2. Some cities treat their sewage at a wastewater for use by humans and animals. treatment 6. Particles of solid organic or inorganic material that become 3. The Minnesota River Valley is known for its scenic suspended in water and eventually settle to the bottom. 4. water results from the suspension of sediment and 11.Levels of nutrients,primarily ,increase progressively in other particles in the water column. the MN River as you move downstream. 5. Fish consumption advisories recommend that individuals_ 15. from construction sites and agricultural fields often finds only a certain number of meals of fish a month. its way to the river during rain events. 6. Stormwater from our city streets moves through storm s 19.Public concerns and ideas are being expressed in the MN River and is deposited directly into our rivers,untreated. Citizens'Advisory 7. The Mn River Citizens'Advisory Committee was convened to 20.He toured the river basin last year in an effort to call attention develop for improving water quality and the to the river's problems. environment in the MN River basin. 21.A place where an organism lives and prospers(plural). 8. Each and every should take part in improving water 22.Rainfall that is not absorbed by the soil. quality in the MN River. 23.It is estimated that approximately 270 -truck loads of 9. When there is not enough vegetation covering the soil,it is silt/sediment flow by Mankato every day. prone to increased 24. is necessary for most life on earth. 10.A grassroots organization formed to restore the MNRiver. - 25.A large stream of water,emptying into an ocean,lake or other - 11.The river changes its direction at this city. receiving body of water. 12.Several species once common in the MN River are no 26.Many different forms of depend upon the river for longer found. survival, 13.A number of agency s have been involved in studying 27.If each individual changed habit that could negatively water quality in the river. impact the river,a clean river may become a reality. 14.Maintaining good conservation practices in will help to 28. help to reduce flooding and streambank erosion by ensure a clean Ks,'River. catching and storing rainwater during wet periods. 15.Proper upkeep of the home system is critical to 29 contamination in surface waters can cause illness in sustaining healthy rivers and groundwater aquifers. people when they swim in or drink the water. 16.Homeowners in should properly manage application of 30. zones are strips of land which form the boundary between fertilizers to their lawns to reduce runoff of nutrients to the the land and river. river. 31. An undesirable rough fish. 17.A clean MN River can be a to future generations. 32.This newsletter is called River 18.In the past, were gathered from the river and used to make buttons. 11I.11111111111111.1111. - i. 1 i - . ... . ...■ ■ . . •..a. ._ ■ ..■..� i. ■.... .3 _....., _ a ■ ■ ■ - ■ .... -4. ,,.. -,_ .. a ■ ■ ■. . ■ _ � -1111 4 ..... .....■ ....11 - ■ _ ■ • .i. - .M1. . : .. ... ' f i - +• ®.®.....■. . a ■ - . . -® . , 1111.■ ...‘ . 1...1• , .1 ..... MI .■ ^■ . 1111111111111M 1111111111111111 Answers. _.. on ... _ r .... � z page 8 River Reach 8 •, Crossword puzzle answers New speaker service offered ACROSS DOWN Staff from the MPCA are available for speaking requests about the Minnesota 1. Big Stone 2. Polluted River. Please let us know if your 2. Plant 6. Sediment organization is planning a meeting or event, 3. Bluffs 11. Nitrates and would like someone to come out and 4. Turbid 15. Soil talk with you about the Minnesota River. 5. Eat 19. Committee Contact Lynne Kolze at(612)297-3825 with 6. Sewer 20. Governor Carlson your speaker requests. 7. Recommendations 21. Habitats 8. Citizen 22. Runoff 9. Erosion 23. Dump 10. CURE 24. Water 11. New Ulm 25. River 12. Fish 26. Life 13. Technician 27. One - 14. Agriculture 28. Wetlands 15. Septic 29. Bacterial - 16. Cities 30. Riparian - 17. Legacy 31 . CarpRiuer Reach is published ' 18. Clams 32. Reach quarterly by the Minnesota ,d Pollution Control Agency's - Cj Water Quality Division. The Minnesota River Restoration Project is a - multi-year effort devoted to improving and MPEditor: Lynne Kolze protecting water quality,biological diversity L and recreation in the Minnesota River basin. 520 Lafayette Road • Minnesota Pollution Control Agency C'LL 520 Lafayette Road - __ 1 St. Paul, Minnesota 55155 i r '` ;11 (') ; .t - iin . or:;;3 ; • OAP Foul Crauss Director of Planning City of Chanhassen - 690 Coulter Drive !linneSCtd x;3;7 << - Charhassen, - ;_: %j' r t-r CITY OF CHANIIASSEN690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 �-r (612) 937-1900 • FAX (612) 937-5739 May 27, 1993 Re: Neighborhood Meeting to Discuss Proposed Pedestrian Bridge and Legion/M. A. Mortenson Property Development Dear Resident: The City of Chanhassen has been working with the Hwy. 5 Task Force to develop a new vision of how the community should be developed in the Highway 5 Corridor. While the plan is not yet completed, one of the proposals call for a pedestrian bridge across Highway 5 approximately midway between Dakota Avenue and Great Plains Boulevard. The potential of a bridge connection in the area has been raised before since it would link south side neighborhoods to the city's growing business district, yet funding was never found to build one. At the same time, the city is also working with the American Legion and others on the potential development/redevelopment of land located between Hwy. 5 and Lake Drive. Our goal is to ensure that development is compatible with protecting the interests of area residents and with expectations of the Highway 5 corridor. We are pleased to be able to tell you that the city has received a grant to construct the bridge under the new "ISTEA" Federal Transportation funding program. The City of Chanhassen has commissioned planning consultants Hoisington Koegler Group Inc. to coordinate the planning effort for both the bridge and potential redevelopment of the Legion site on behalf of the City. Fred Hoisington was responsible for the preparation of the Highway 101 Corridor Study in 1989, and he worked with many of you to arrive at an acceptable Highway 101 alignment. One of the matters discussed at that time was a Highway 5 pedestrian crossing to link the neighborhood to downtown, the school, etc. While the planning process is still in its earliest stages, and to be sure that we take your concerns into consideration, we invite you to attend a neighborhood meeting to be held on Thursdya, June 10, 1993, at 7:00 p.m. in the Chanhassen City Council Chambers. Fred Hoisington and I will be present to provide background information, listen to your concerns and suggestions, and answer questions. If you have any questions in the meantime, please give either me (937-1900) or Fred Hoisington (835- _ 9960) a call. See you on June 10th. Sincerely, _ Paul Krauss, AICP Planning Director PK:v �4.4 PRINTED ON RECYCLED PAPER CURRENT RESIDENT RUSSELL HAMILTON GLENN HAGEMAN 8017 CHEYENNE SPUR 8019 CHEYENNE SPUR 8021 CHEYENNE SPUR CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 THOMAS EASTMAN CRAIG HUMASON J. ZAPPA DONNAY 8023 CHEYENNE SPUR 8025 CHEYENNE SPUR 7002 CHEYENNE TRAIL CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 FIRST TRUST/MA QUINN DAVID BROWN GEORGE C SMITH MPFE1000/V RIDINGER 7004 CHEYENNE TRAIL 7005 CHEYENNE TRAIL PO BOX A55 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 MINNEAPOLIS, MN 55480 ROB MOSCHET CHARLES HIRT JAMES CONNELLY 7006 CHEYENNE TRAIL 7007 CHEYENNE TRAIL 7008 CHEYENNE TRAIL CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 BARBARA AUNE BURKE ERIK SALVERSON STEPHEN M DAMLO 7009 CHEYENNE TRAIL 7011 CHEYENNE TRAIL 7012 CHEYENNE TRAIL _ CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 DAVID WESSELL CHRISTA VASSALLO JOHN ROWE 7017 CHEYENNE TRAIL 7018 CHEYENNE TRAIL 7019 CHEYENNE TRAIL CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 - DONALD/BARBARA BRETTIN STEVE TURNER KEN SHERMAN 7021 CHEYENNE TRAIL 7023 CHEYENNE TRAIL 7025 CHEYENNE TRAIL CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 WALTER THATCHER IVANS SINCLAIR R W LOWNSBURY 7024 DAKOTA AVENUE 7910 DAKOTA AVENUE 8000 DAKOTA AVENUE CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 JEROME F GRIEP RON DVORAK GERALD WASSINK 8002 DAKOTA AVENUE 8003 DAKOTA AVENUE 8004 DAKOTA AVENUE - CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 PATT HEGSTROM RON FRISCHMAN ROBERT M PETERSON 8005 DAKOTA AVENUE 8006 DAKOTA AVENUE 8008 DAKOTA AVENUE CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CURRENT RESIDENT PAUL C ODELL PAUL D. PUNT 8010 DAKOTA AVENUE 8012 DAKOTA AVENUE 8014 DAKOTA AVENUE CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 :HARLES HUNTSBERRY BUD WALKER CLARK E CUMMINGS _3016 DAKOTA AVENUE 8018 DAKOTA AVENUE 8019 DAKOTA AVENUE CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 NICHOLAS NOREYKO STEVEN PETERSON VINCE VENNE 3020 DAKOTA AVENUE 8021 DAKOTA AVENUE 8022 DAKOTA AVENUE ;HANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 STEPHEN WIGG GERALD SODERLIND EUGENE GAGNER 8023 DAKOTA AVENUE 8024 DAKOTA AVENUE 8025 DAKOTA AVENUE :HANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 _ZONALD J PILGRIM DONALD WHITE III DOYLE KIRKEBY 8026 DAKOTA AVENUE 8028 DAKOTA AVENUE 8033 DAKOTA LANE -.HANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 ‘MY KVANT KENT BORGERSON DANIEL DEFORE -13036 DAKOTA LANE 8037 DAKOTA LANE 8038 DAKOTA LANE CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 ')AVID MALKOVICH STANLEY WENDLAND MIKE NIEMEYER 3039 DAKOTA LANE 8040 DAKOTA LANE 8101 DAKOTA LANE CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 RON BROWN MELBERT LENANDER ANNETTE STOCK-LIND 3102 DAKOTA LANE 8103 DAKOTA LANE 8104 DAKOTA LANE _;HANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 -WILLIAM JANOHOSKY GARY BJORKLUND JOE BETZ 8105 DAKOTA LANE 8106 DAKOTA LANE 8107 DAKOTA LANE :HANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 _EON LACHAPELLE RICHARD A DONNAY ERIC MICHAEL -B108 DAKOTA LANE 8109 DAKOTA LANE 8110 DAKOTA LANE CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CURRENT RESIDENT WAYNE HAGMAN KATHY RAIDT 7601 ERIE AVENUE 7602 ERIE AVENUE 7603 ERIE AVENUE CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 - THOMAS PAULY NATE CASTENS STEPHEN BLAHA 7604 ERIE AVENUE 7605 ERIE AVENUE 7606 ERIE AVENUE CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CLARK HORN JEROME WENDT JOHN KRAEMER - 7608 ERIE AVENUE 7701 ERIE AVENUE 7703 ERIE AVENUE CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 VINCE QUAST MARY ELLEN JANSEN THOMAS SHEAR 7706 ERIE AVENUE 7720 ERIE AVENUE 7721 ERIE AVENUE CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 BRIAN NUSTAD TERRANCE THOMPSON SR BOB PAULSON 7791 ERIE AVENUE 3820 LINDEN CIRCLE 7509 COLUMBUS AVENUE SO CHANHASSEN, MN 55317 EXCELSIOR, MN 55331 RICHFIELD, MN 55423 CLAYTON SODETANI JEFFREY PAPKE T J KOEPPEN 8005 ERIE AVENUE 6180 CARDINAL DR SO 8009 ERIE AVENUE CHANHASSEN, MN 55317 SHOREWOOD, MN 55331 CHANHASSEN, MN 55317 C. SENN SHEA MICHAEL LEONARD JENNIFER SPALDING 8014 ERIE AVENUE 8016 ERIE AVENUE 8018 ERIE AVENUE CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 DANIEL LORINSER W LYTLE ROSSUM ROBERT A LUND 8020 ERIE AVENUE 8021 ERIE AVENUE 8023 ERIE AVENUE CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 HAROLD HERRMANN ALLAN NELSON DONALD MARTIN 8024 ERIE AVENUE 8025 ERIE AVENUE 8026 ERIE AVENUE - CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHRIST COMMUNITY CHURCH DENNIS LOECHLER ARVID PETERSON 897 3RD AVENUE 8028 ERIE AVENUE 8029 ERIE AVENUE EXCELSIOR, MN 55331 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CURRENT RESIDENT STEVEN MASTERSON MARK RINGDAHL 8030 ERIE AVENUE 8031 ERIE AVENUE 8032 ERIE AVENUE CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 )AVID KAWLEWSKI WILLIAM WEBER MICHAEL BRINDISI 3033 ERIE AVENUE 8034 ERIE AVENUE 6311 GREENBRIAR CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 Excelsior, MN 55331 TIM RIECK MARK LAASER GARY OLSON 3036 ERIE AVENUE 8037 ERIE AVENUE 8038 ERIE AVENUE -CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 GERALD CARSON JOHN DOBSON ROGER SCHULTZ 3039 ERIE AVENUE 8040 ERIE AVENUE 8041 ERIE AVENUE :HANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 --GERALD L FISCHER JOEY J TOWNSEND JIM FACKLER 8042 ERIE AVENUE 8043 ERIE AVENUE 8045 ERIE AVENUE ;HANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 LARK PAHL SANDRA CRAIG TIMOTHY HERBERG -3056 ERIE AVENUE 8111 ERIE CIRCLE 8113 ERIE CIRCLE CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 JAMES LISIGNOLI JEFF DEAFENBAUGH RANDY BLACKOWIAK 3114 ERIE CIRCLE 8115 ERIE CIRCLE 8116 ERIE CIRCLE -CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 DAVID FAIDLEY DARREL KEMPFERT CHRIS FRIENDSHUH 3117 ERIE CIRCLE 8118 ERIE CIRCLE 8044 ERIE SPUR _:HANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 ROBERT STEVENS JOHN WINGERT DALE MROZINSKI 8046 ERIE SPUR 8048 ERIE SPUR 8050 ERIE SPUR :HANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 _LARK LITTFIN MERLYN JOHNSON ALBERT SINNEN 8052 ERIE SPUR 8054 ERIE SPUR 8150 GRANDVIEW ROAD CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CURRENT RESIDENT MARY BERNIER PETER HELD 8151 GRANDVIEW ROAD 8155 GRANDVIEW ROAD 8201 GRANDVIEW ROAD CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 - RICHARD ANDERSON AMERICAN LEGION POST 580 BARRY THOMPSON 8210 GRANDVIEW ROAD 7995 GREAT PLAINS BLVD 8000 HIDDEN CIRCLE CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 TONY PAVLOVICH MICHAEL CREWS SHANNON MCCLARD 8010 HIDDEN CIRCLE 8020 HIDDEN CIRCLE 8030 HIDDEN CIRCLE CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 NANCY JORISSEN MARK HONNOLD REZA&BEVERLY AGHELNEJAD 8040 HIDDEN CIRCLE 8051 HIDDEN CIRCLE 8061 HIDDEN CIRCLE CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 ULRICO SACCHET MICHAEL C. BUCHNER NANCY HELLAND 8071 HIDDEN CIRCLE 8081 HIDDEN CIRCLE 8091 HIDDEN CIRCLE CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 KENNETH PEITZ CHRISTOPHER POLSTER JAMES F MURPHY 8001 HIDDEN COURT 8020 HIDDEN COURT 8021 HIDDEN COURT CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 JEAN STECKLING LANA BERGO RHONDA W. COLLINS 8040 HIDDEN COURT 8041 HIDDEN COURT 8060 HIDDEN COURT CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 DONALD L BYNUM JON STECKMAN ROBERT W. STOFFER 8061 HIDDEN COURT 8080 HIDDEN COURT 8081 HIDDEN COURT CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 KAREN KLINSING DAVID CLAPPER DOUG LAWMAN 8090 HIDDEN COURT 8091 HIDDEN COURT 8100 HIDDEN COURT CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 DANIEL T. GRADY JEFF PETERS GREGORY GMITERKO 8101 HIDDEN COURT 8120 HIDDEN COURT 8121 HIDDEN COURT CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CURRENT RESIDENT COLLEEN BROWNE RAUL FAJARDO 8140 HIDDEN COURT 8141 HIDDEN COURT 8150 HIDDEN COURT HANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 TALE K KLABUNDE JAMES KILLIAN MICHAEL G. WEIGEL _3160 HIDDEN COURT 8161 HIDDEN COURT 8170 HIDDEN COURT CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 JAMES J. GUSTAFSON DOUGLAS CHASE MARK EIDEM 3180 HIDDEN COURT 8181 HIDDEN COURT 8191 HIDDEN COURT -,:HANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 TACE WIECZOREK BILL GAFFORD STEVEN KIND 150 HIDDEN LANE 260 HIDDEN LANE 261 HIDDEN LANE :HANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 -CHARLES T. BYE SHELLY BABUSEK WARREN WATSON 271 HIDDEN LANE 280 HIDDEN LANE 300 HIDDEN LANE ;HANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 :DMUND PYRZ MARK LEMKE TODD MICHELS -310 HIDDEN LANE 311 HIDDEN LANE 320 HIDDEN LANE CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 ANDREW CONE JULIE LYONS CRAIG FORNERIS 321 HIDDEN LANE 330 HIDDEN LANE 331 HIDDEN LANE CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 PAUL RAUKAR JAMES ADANK CAROL UDSTUEN 340 HIDDEN LANE 350 HIDDEN LANE 360 HIDDEN LANE _;HANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 -JEFF LEE BISRAT ALEMAYEHU WILLIAM R PRIGGE 370 HIDDEN LANE 380 HIDDEN LANE 390 HIDDEN LANE :HANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 _IORTENSEN DEV COMPANY FAMILY OF CHRIST NEW HORIZON DAYCARE ATTN: CAM JOHNSON LUTHERAN CHURCH 310 LAKE DR EAST 700 MEADOW LANE NO P.O. BOX 388 CHANHASSEN, MN 55317 IINNEAPOLIS, MN 55422 CHANHASSEN, MN 55317 CURRENT RESIDENT CORY WANDLING BRAD ROBBINS 8112 DAKOTA LANE 8114 DAKOTA LANE 8116 DAKOTA LANE CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 - LEANN PEDERSON FRANK MORK PAULA HAGERT 8117 DAKOTA LANE 8118 DAKOTA LANE 8121 DAKOTA LANE CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 JENNY SPILLERS ANTHONY MERTES CATHY PIHA HUFFMAN 8123 DAKOTA LANE 8124 DAKOTA LANE 8127 DAKOTA LANE CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 DONALD WILDMAN KIRK LOWDERMILK ROBERT L. REIFF 8128 DAKOTA LANE 8129 DAKOTA LANE 8130 DAKOTA LANE - CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 ROBERT MYERS JEFF JONES JAMES D. LEWIS 8131 DAKOTA LANE 8132 DAKOTA LANE 8133 DAKOTA LANE CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 ROBERT V. LANGLEY JAMES D. LUCAS H FAULDS 8134 DAKOTA LANE 8135 DAKOTA LANE 8136 DAKOTA LANE CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 SCOTT MOLENCAMP THOMAS MOHS JASON W. WHITE 8137 DAKOTA LANE 8138 DAKOTA LANE 8139 DAKOTA LANE CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHRIS BELLINO ANDREW HISCOX EJVIND FENGER 8140 DAKOTA LANE 7500 ERIE AVENUE 7501 ERIE AVENUE CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 ANTHONY T DOPPLER EARL MCALLISTER JAMES BOYUM 7508 ERIE AVENUE 7510 ERIE AVENUE PO BOX 17321 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 MINNEAPOLIS, MN 55417 ROBERT HUBERT DOUG REVSBECK RICHARD CORWINE 7561 ERIE AVENUE 7591 ERIE AVE 7600 ERIE AVENUE CHANHASSEN, MN 55317 CHANHASSEN MN 55317 CHANHASSEN, MN 55317 CURRENT RESIDENT SYSTEMS CONTROL INC JEFFREY STEAFFENS 6125 BLUE CIRCLE DR 9555 JAMES AVENUE SO 8080 MARSH DR MINNETONKA, MN 55343 BLOOMINGTON, MN 55431 CHANHASSEN, MN 55317 TENNIS BARBER MARTIN FAJDETICH RANDY G GREEN -3090 MARSH DR 8100 MARSH DR 8103 MARSH DR CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 THOMAS ASMUS MICHAEL BUSCH DARRYL WROLSON 3110 MARSH DR 8113 MARSH DR 8120 MARSH DR -HANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 GARY H FINLAYSON PAUL KLAUDA LON STUTELBERG 1123 MARSH DR 8130 MARSH DR 8133 MARSH DR :HANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 aAETAN DUCHESNE RYAN JOHNSON BRUCE MARENGO 8140 MARSH DR 8143 MARSH DR 8150 MARSH DR :HANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 4ILLIAM J. BROWN JULIE LUNDEEN RANDY IMKER -3153 MARSH DR 8160 MARSH DR 8163 MARSH DR CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 3ARY DISCH RICHARD D HLADKY ROBERT KLINGER _3170 MARSH DR 8173 MARSH DR 8180 MARSH DR CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 GERALD AMRHEIN MICHAEL VIDMAR BRUCE BOJE 3183 MARSH DR 8190 MARSH DR 8193 MARSH DR _.HANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 -TERRY DEMETER PETER MAKAROV GARY T CHANT 8203 MARSH DR 8223 MARSH DR 8243 MARSH DR HANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 _20BERT POCRNICH JAY JOHNSTON GENE P. HEIKKINEN 8263 MARSH DR 8283 MARSH DR 301 SINNEN CIRCLE HANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CURRENT RESIDENT DAVID LATZKE DREW WRIGHT 310 SINNEN CIRCLE 311 SINNEN CIRCLE 320 SINNEN CIRCLE CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 - BILL STREEPY DAVID MILLER THOMAS HANSEN 321 SINNEN CIRCLE 330 SINNEN CIRCLE 331 SINNEN CIRCLE CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHANHASSEN, MN 55317