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78-18 - Minnewashta Regional Park CUP Amend pt 1CERTIFICATION STATE OF MINNESOTA ) ss COUNTY OF CARVER ) fAllimp DOCUMENT NO. _ 40 OFFICE OF COUNTY RECORDER STATE OF MINNESOTA COUNTY OF CARVER This is to certify that this documentwas filed in this office on the_; a� y!' day of Q&C• 1g3R A.D. at&&.10'clock-P—M. and was duly recorded in Book -%I of Aege- 8-14a4 County Recorder by I, Karen J. Engelhardt, duly appointed, qualified and acting Deputy Clerk for the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of the amended Conditional_.Use Permit for Lake Minnewashta Regional Park with the original copy, now on file in my office, and have found the same to be a true and correct copy thereof and as approved by the City Council. Witness my hand and official seal at Chanhassen, Minnesota, this i9th _ day of December 1984 . *KaenJ E ge rdt, �Depu�ty'Clerk Y ;tr'' •'%fig �Q� �{i} rr'i1 LS 1 " CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA AMENDED CONDITIONAL USE PERMIT LAKE MINNEWASHTA REGIONAL PARK THIS AGREEMENT, made and entered into by and between the City of Chanhassen, hereinafter referred to as the City, and the Board of Commissioners of Carver County, hereinafter referred to as the County; WITNESSETH, that in the exercise of their powers pursuant to law, and in consideration of the mutual convenants herein con- tained, the City and County recite and agree as follows: Section 1. Recitals. . 1.01. State Law and City Zoning Ordinance. It is acknowledged by the parties hereto that under the provisions of M.S. 5398.32, no county parklands or waters may be acquired within the limits of any city without the approval by resolution of the governing body of any such city; and it is further acknowledged that under the provisions of the City zoning ordi- nance, parks and recreational areas owned and operated by govern- mental units may be allowed within residential zoning districts only upon the securing of a conditional use permit from the City. 1.02. County Park Proposal. The County proposes the acquisition and development of a regional park to be located on the northeast shore of Lake Minnewashta, designating said park as Lake Minnewashta Regional Park thereinafter referred to as the "park"), and has made application to the City for approval of said acquisition and development and the issuance of a con- ditional use permit. 1.03. Lake Minnewashta Regional Park Master Plan. Except as hereinafter modified or otherwise provided, the Lake Minnewashta Regional Park Master Plan - 1982 Updated - as approved by the County Board of Commissioners on April 13, 1982 forms the basis of this conditional use permit for said County Regional Park. Said Master Plan and approving County motion are attached hereto as Exhibits "A" and "B" respectively and incor- porated herein by reference.. 1.04. General Purpose. The purpose of this agreement is to setforth the terms and conditions governing the approval by the City of the parkland acquisition and the grant of the -within conditional use permit which are conditions precedent to,land acquisition by the County for the park. Section 2. Park Areas C and D. 2.01. Master Plan. Whereas the City, the County, and the Metropolitan Council of the Twin Cities have determined that removal of areas C and D from the Master Plan of the Lake I,?r I Minnewashta Region"i Park, hereinafter referrL to as the "Master Plan", will not adversely affect the purpose or function of the park, and whereas the City and the Metropolitan Council of the Twin Cities have approved a change to the adopted Land Use Plan from "Parks/Open Space" to "Residential -Low Density", the parties hereto acknowledge that land area Parcels C and D are removed from the boundaries of the park as defined in Exhibit "A". Section 3. Schematic Plan. 3.01. Design Capacities. The design capacities as set - forth on page 26, table 6 of the Master Plan, and the Lake Minnewashta Park Use Calculations of the Subcommittee for Master Planning of the Lake Minnewashta Regional Park, dated May 28, 1975, shall constitute the maximum development allowable in said proposed park. Section 4. Development Plans. 4.01. Review and Approval. Detailed development plans within the proposed park shall be submitted to the City for review and comment prior to approval by the County. It is not con- templated that the City shall have approval authority over the detailed development plans so long as they are consistent in scope and capacities with the,Master Plan, except for appropriate development standards which may be applied to development generally within the City. Any development plans not consistent in scope and capacities with the Master Plan shall require an amended conditional use permit. 4.02. Development Schedule. The County does not propose any significant development of the park until funds are available through the grant program'of the Metropolitan Council. Between 1978 and 1982, the development activities at the park are pro- posed to consist essentially of establishing a land stewardship program, development of a primitive lake public access facility, and use of the existing buildings as either a nature center or museum and park employee residence. 4.03. Land Stewardship Program. The land stewardship program will consist principally of gradually phasing from culti- vated land to turf establishment on Parcel E, establishing a tree nursery, beginning prairie establishment on a portion of Parcel B, providing necessary access control in terms of gate and fencing, controlling noxious weeds, and to the extent feasible, controlling Dutch elm and oak wilt disesase. Section 5. Advisory Committee. 5.01. Advisory Committee. The park is intended to fill the regional recreation needs of the Chaska, Chanhassen, -and Victoria area in Carver County (as described in Section 4, Local and Regional Recreation Needs Analyses of the Master Plan). In order to provide a means of continuing review during the develop- ment and operating phases, Carver County shall establish an Advisory Committee consisting of two representatives from Chanhassen, one from Chaska, one from Victoria, and one from the County Park Commission. The City representation will be appointed by the respective City Councils on an annual basis. The Advisory Committee shall review the County's development plan and make recommendations to the Carver County Park Commission in regard to such plan. The Advisory Committee shall also monitor park.operations in a general way, and shall make recommendations to the County Park Commission in regard to improvements in operating policies. The Advisory Committee members shall also keep the City Councils of their respective cities informed of their general activities. They shall also serve as the conduit of concerns from their respective City Councils to the County. Section 6._ Governing Ordinance, Policing, Fire Protection and Access. V ,•1 t 6.01. County Park Ordinance. The Park Ordn4#64:6f the County shall regulate the use of the park. The City .gncT the Advisory Committee shall recommend any appropriate amendments to the County Park Ordinance or regulatory County Board Resolutions as the same may be applicable to the park. In addition, all County proposed park ordinance amendments or regulatory resolu- tions.shall be reviewed by the Advisory Committee for its recom- mendations and comments prior to enactment. 6.02. Policing. Policing of the park shall be the responsibility of the County through its Sheriff's Department at no.cost to the City. Any supplementary police services furnished by any future City police department shall be performed only under the terms and conditions of a mutual aid agreement the City and the County. 6.03. Fire Protection and Emergency Services. Fire pro- tection and emergency rescue services necessitated by land - oriented incidents shall be provided by the Fire Department of the City. Emergency rescue services necessitated by water - oriented incidents shall be provided by County lifeguards or the County Sheriff's Water Patrol. - 6.04. Lake Access. A watercraft access to Lake Minnewashta through the Park has been provided in the area so designated as boat access on the Detailed Development Plan of the 1982 Park Master Plan Update. Said access is to be limited for launch of watercraft of ten (10) horsepower or less and have a capacity of 10 car/trailer spaces. An additional access without horsepower restrictions having a capacity for 25 car/trailer spaces shall be developed and located in accordance with the plan titled "Lake Minnewashta Park 2nd Access" marked Official Copy. Section 7. Roads, Water and Sanitary Sewer Services. 7.01. Roads. All roads and trails within the park shall be constructed and maintained, including snow plowing, by the County. -3- ej 7.02. Water and Sanitary Sewer Services. The County shall provide water and sanitary sewer systems through on -site facilities approved by the Minnesota State Board of Health and such other state regulatory agencies having regulatory power thereof.. When available, said water and sanitary sewer services shall be,connected to the City facilities at the expense of the County..' All connection charges, Metropolitan Waste Control Comission sewer availability charges (SAC charges), and sewer and water usage charges shall be paid by the County to the City at the reasonable and customary then prevailing City rates for com- parable uses. Except for trunk water and sewer assessments payable as provided in S8.01 hereof, sewer and water charges will not be based on a price structure which assumes a 211 dwelling unit development, but rather will be based on a comparison of volumes generated by similar residential, commercial'©r._institu- tional uses. 7.03. Water and Sanitary Sewer Easements. The County shall provide, consistent with applicable Metropolitan Council policies and the grant contract for acquisition of the Lake Minnewashta Regional Park between the County and Metropolitan County, at no cost to the City, such linear water and sewer ease- ments as the City may deem necessary to provide water and sani- tary sewer services to the park and contiguous areas. Said easement alignments shall not be so located as to materially affect the character of the park. Section 8. Assessments, Taxes and Costs. 8.01. Outstanding Assessments. By resolution adopted October 20, 1975, the City levied a total of 211 trunk water and sewer unit assessments against the properties to be acquired for the park. It is a condition to the grant of the within con- ditional use permit that all of said assessments to be paid in full by the County immediately upon its acquisition of said prop- erties. Included within said payment shall be accrued interest computed pursuant to M.S. §429.061. 8.02. Tax Equivalents. In the event the Metropolitan Council of the Twin Cities fails or declines to pay to the City tax equivalents under M.S. §473.341, it is agreed that said tax equivalents shall be paid by the County to the City upon demand. 8.03. City Costs. The County agrees to reimburse the City promptly upon invoicing therefor, all resonable and custo- mary costs incurred by the City since the enception of the park concept through the conditional use permit. Eligible costs shall consist of publication and notification expenses, attorney fees, engineering fees, costs in connection with the November 2, 1977 public hearing, and any other reasonable outside direct costs to the City. Section 9. General Provisions. 9.01. Indemnification. The County shall indemnify and hold the City harmless from liability on account of injury or -4- o damages to person or property arising out of the operation of the park facilities. In the event legal action is brought against the City, either solely or jointly with the County, on account of any such injury or damage, the County, on notice to it by the City, shall defend the City in any such action at the expense of the County. In the event of judgement against the City in any such action, the County shall pay such judgement and all costs in connection therewith, and hold the City harmless therefrom. The County does not agree to indemnify, hold harmless, or defend any action or pay any judgement arising from acts of officials, employees or agents of the city while in the park. 9.02. Non -Assignment. Neither the within conditional use permit nor the park contemplated hereunder shall be assigned or conveyed by the County without the prior written consent of the City. s 9.03. Standards Applicable. The City Council and its Planning Commission have determined that in the grant of the within conditional use permit, the standards of the Chanhassen zoning Ordinance have been met. 9.04. Execution. Each party warrants and affirms that the within agreement was duly authorized by its respective governing body and executed by its duly authorized officers pur- suant to resolution duly adopted, and each party shall file with the other party a certified copy of the resolution approving the execution of the within agreement. Executed this J "' day of , 1984, by the City of Chanhassen. ATTEST: hh Y City C1erk7Manager Executed this -e day of Board of Commissioners of Carver ATTEST: :t _ G y� Counekecutive S retary CITY OF CHANHASSEN By: y - Mayor z.2,C e.ae 6 J2.r County. 1984, by the BOARD OF COMMISSIONERS OF CARVER COUNTY IV BY:�— \ ��Q_• i� Q•IM ,j TUE 9:52 AM U. OF. X BI0 FAX N4, 16126243005 P. 1 CITY OP CHANHASSEN iNSPECTIO1NS DDI ISION i I I 1 l 1 I I I i i I I Hwy 212 Site Plan for Brookside Motel j Post -It,* brand fBx Vansmittal memo 7671 of p�9ea 'rT—._- 1 !11 - Z 5Z- Z5-177 I i F set-=�--- BU 4 See Files # 88-06 CUP and Building permit file Flying Cloud 7�0 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 October 3, 1984 Mr. Thomas Grundhoeffer Grannis, Campbell,.Farrell & Knutson P.O. Box 57 South St. Paul, MN 55075 Dear Mr. Grundhoeffer: I am attaching a copy of the letter proposed to be sent to Mr. Notermann per your letter of September 25, 1984. I really was unsure as to what type of a letter you or Mr. Notermann had in mind. As such, please feel free to modify or totally rewrite this letter. Karen Engelhardt is holding this letter pending review by your office. If she does not hear from you prior to October 10, 1984, the letter will be sent as currently drafted. Sincerely, i Don Ashworth City Manager DA :k Note to File: The Brookside Motel is an old established facility within the City of Chanhassen. Since 1980, con- tinuous correspondence has occurred as to the legal status of the property. Evidence submitted by Mr. Notermann con- tinuously supports the position that four recreational vehicles and one mobile home unit have existed on the prop- erty. The City's evidence that such is not the case is not well documented. The issue could be litigated, but the probability of sustaining any position other than the above units being classified as legal non -conforming uses is not probable. Recognizing the continuous disagreement and the necessity to establish a base position under which future inspections can be monitored, it was jointly agreed by this office, the Grannis Law Firm, and the Building Official that preparation of the attached letter was prudent and necessary. RO LAW OFFICES GRANNIS, CAMPBELL, FARRELL & KNUTSON DAVID L. GRANNIS - 1874-1961 DAVID L. GRANNIS, JR. 1910-1980 VANCE B. GRANNIS VANCE B. GRANNIS, JR. THOMAS J. CAMPBELL PATRICK A. FARRELL DAVID L. GRANNIS, III ROGER N. KNUTSON THOMAS M. SCOTT GARY G. FUCHS MARY S. VUJOVICH THOMAS L. GRUNDHOEFER DAVR) L. HARMEYER Mr. Donald W. Ashworth City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 RE: Notermann Dear Mr. Ashworth: PROFFESSIONAL ASSOCIATION POST OFFICE BOX 57 403 NORWEST BANK BUILDING 161 NORTH CONCORD EXCHANGE SOUTH ST. PAUL, MINNESOTA 55075 612-455-1661 September 25, 1984 Pursuant to conversations I have had with George Donnelly, I understand that the City is willing to permit Mr. Notermann to have up to four (4) recreational vehicles at his Brookside Motel site. As I understand it, the four recreational vehicle sites would be in addition to the one (1) mobile home rental unit. City Council action would not be required to accomplish this objective if city staff is satisfied that the use would be a legal non -conforming use. Affidavits from 1980 indicate that the property had been used for R.V. purposes for a period in excess of 20 years. The affidavits do not indicate how many were present but four would be the logical number, since any in excess of four would be a violation of State Law prohibiting the operation of a R.V. park without a license. As for the mobile home rental unit, the information I have received from the Notermanns is that the unit has been there for many years and therefore it qualifies as a legal non -conforming use. The mobile home need not be considered one of the four (4) R.V. sites since the mobile home more closely meets the definition of a manufacture home than it does a recreational camping vehicle. Tony Notermann has asked that the City send him a letter confirming the fact that his father may have up to four recreational vehicles on his property in addition to the one mobile home rental unit. These uses would, of course, be subject to the same standards as other legal RECEi r ED SEP 2 71984 CITY OF CHANHASSE'I non -conforming uses. Mr. Notermann has requested that such a letter come from City Hall rather than our office. If there is some problem with this, please let me know. I believe this is probably a reasonable disposition of this matter, and unless I hear from you, I will take the necessary steps to dismiss the tickets against the Notermanns. Very truly yours, GRANNIS, CAMPBELL, FARRELL & KNUTSON, P.A. BY / Z �, Thomas L. Grundhoefer TLG : j e minnesota department of health 717 s.e. delaware st. p.o. box 9441 minneapolis 55440 0 (612) 296-5221 Mr. Donald W. Ashworth, Manager City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 Dear Mr. Ashworth: August 17, 1982 We have received from Joe Notermann an application for license to operate an eight site recreational camping area near the intersection of U. S. Highway 169 & 12 in the city of Chanhassen. Mr. Notermann is claiming that he has zoning permission from the city of Chanhassen to operate this type of enterprise at this location. He supports that claim with a series of letters and affidavits. In reviewing those documents, there is some question as to whether the City has really given zoning permission. We request that you clarify this situation to us in order that we may know how to proceed with Mr. Notermann's application. It is required by Minnesota Statutes, Section 327.16, Subd. 3 that the application for license to operate a recreational camping area be accompanied by zoning permission or a statement that no permission is necessary from the municipality or county, wherein the campground is to be located. We will hold Mr. Notermann's application for license in this office unitl we hear from you on this zoning issue. an equal opportunity employer -4290-9 Yours very truly, C. B. Schneider, R.S,, Chief Section of Environmental Field Services RECEIVED AUG 181982 C "'( 4F CHANHASSI:M 1RESOTA DEPARTHW OF HEALTH d Section of Hotels, Resorts and Restaurm,.ea �2 717 Delaware Street S.E., Minneapolis, Minnesota 55440 APPLICATION FOR LICENSE TO OPERATE A MQBILE HONE PARK AND/OR RECREATIONAL CAPPING AREA 1 JES: PRIMARY LICENSE (First license issued to Park or Camp) - $50.00 for each 50 sites or fraction thereof. ANNUAL LICENSE - Year Round (over 6 months): $10.00 for each 10 sites or fraction thereof. Maximum - $300.00 Seasonal (6 months or less): $7.50 for each 10 sites or fraction thereof. Maximum - $225.00 SEE REVERSE SIDE FOR FEE SCHEDULE. ADD $10. 00 LATE PAYMENT FEE IF APPLYING AFTER JANUARY 15 FOR ANNUAL LICENSE OR 15 DAYS AFTER OPEN0G FOR SEASONAL OPERATION. Make Check Payable to: Minnesota State Treasurer i PREVIOUS DATE REMWAL P�iJ LICENSE,L W1E SHIP CHANG _OPERATOR PURCHASED Last License # was issued for the following: Mobile'Home Sites Independent Camp Su\es �1 Dependent Camp Sites Name of Licensee _ ! ; r %-;. i"•" , 'E,.. �r'� !�' c a' Phone/ {t. / f / arson, Firm or- rporat Mailing ! zl Zip Code C Park or Camp Trade Name Address of Park or Camp (GIVE/EKA'T LOCATION APED/OR DIRECTION T0:Al Lake Stream Highway Road C County ��;1_ i,`-L ,-_� 2ownshipi Post Office Operated with other licensed business: + (Explain) 4'1. Partnership or Corporation - Give Names and. Addresses �'%� -`�� -� c : , 4 � 1," ,� c e i i New Parks must attach legal description of site (include all property for present or future use.) Operation: Year-•Round,_:sIf Seasonal Give Opening Date and Months of Operation No. of Sites: Mobile Home Sites Dependent Camp Sites Independent Camp Sites (Note: Dependent sites are Without sewer connections.) No. of Sites Occupied: Mobile Rome Sites Dependent Camp Sites Independent Camp Sires No. of Fixtures in Central Building if provided: Men : Toilet seats Showers Urinals Washbasins Women: Toilet seats Showers Washbasins If Primitive Campground give number of privies Is Swimming Pool Provided? Water Supply: Municipal Private _ X No. of Sites with individual water hook-ups/ Sewage System: Municipal Private Y No. of Sues with individual sewer hook-ups-2 YOU MIST SUBMIT PLAITS IN TRIPLICATE FOR N0; CONMU-CTION OR ALTERATION. LICENSE CAN11= BE RENEWED WITHOUT THIS DEPART'_+ErNTT' S PRIOR APPROVAL. OF ADDITIONAL SITES. YOU KiST SLB= A COPY OF AN APPROVAL P=MIT FROM THE ;V' ICIPALITY OR COUNTY IN WHICH THE PARK OR CAlf IS LOCATED OR A S-T.4T=7 FP.ON! THAT "ITINTCIPALITY OR COUNTY THAT `,a PEDMIT IS REQUIRED. NU LIM4SE WILL HE ISSUED UNTIL ALL . EQUIR.1"� E:7TS HAVE BEEN M::T . FEE LATE PA)!MENTT FEE TOTAL. , _ C' DATE RECEIVED ') - Z -) - �- I WCF.'B ' S SIGNATURE _q ,-�,Fitatz and t2luzancz 107 West First Ave. Shakopee, Minnesota 55379 V1014 0 E! 00 TEL 445-2345 For A Better Deal r. Deal With A Realtor ri 1 cz f 61 �4 r� c- c CITY OF CHANHASSEN mvv CVVED guo 2 592 COMMUNITY DEVELOPMENT DEPT. Member National Board of Realtors Member Minneapolis Board of Realtors Af d i-*-- Z 71-9 I i...NNESOTA DEPARTMENT OF HEAL Section of Hotels, Resorts and Restaurants 717 Delaware S.E., Minneapolis, Minn. 55440 PUBLIC HEALTH and SAFETY INSPECTION RECORD DATE P.O. C ► try & R 3 VCo. C-, e f" OWNER /�5'i �-�Zt — �1 LICENSEE OSC n I o 1,f' ry-v1� h ADDRESS [r /n2 ,/ ADDRESS R R f P.O. t' k it F �"[[(B-�� i -4/ V 5- 3 9 76 BUSINESS NAME 1"0_ C jP- I NO. OF EMPLOYEES OFF (C $ / y5- ; ,,3 y � LIC. NO. 0f (7- S POSTED NO. OF: BEDS , SLEEPING ROOMS UNITS, CABINS _ TYPE OF BUSINESS M07 ;-� l Mobile Home Park and/or Recreational Camping Area Sites _ ORDERS WRITTEN BELOW MUST BE COMPLIED WITH BY DATE INDICATED r OF CHANHASSEN WELL — SEWER DIAGRAM COMPLIANCE PREVIOUS ORDERS YES NO 1 DISTRICT OFFICFS: Bemidji (755-3820). 2. Mankato (389-2501). 3. Rochester (285-7289). 4. Duluth (723-4642). 5. Marshall (537-7151). 6. Mpls. (296-5335). Recc by 7. Fergus falls (736-6922). 8. St. Cloud (255-4216). COPIES - Central Office, Licensee, District Office r 3r- 6 Public ealth Sanitarian III(-00874-01 i,__igNESOTA DEPARTMENT OF HEAL Section of Hotels, Resorts and Restaurants 717 Delaware S.E., Minneapolis, Minn. 55440 PUBLIC HEALTH and SAFETY INSPECTION RECORD DATE f .x/ oU P.O. C �izk- K p- t C. G mrye. r OWNER LICENSEE :10 1 C)tf- '0 �4 L1 ADDRESS ADDRESS P.O. p 11 Lrt E'=� �lz�� •.�r BUSINESS NAM7E f� ^'�TCS ,� C NO. OF E PLOYEES orf-c �' F: LIC. NO. U _` POSTED L NO. OBEDS , SLEEPING ROOMS , UNITS / 3 CABINS TYPE OF BUSINESS _ l� I _ Mobile Home Park and;or Recreational Camping Area Sites ORDERS WRITTEN BELOW MUST BE COMPLIED WITH BY DATE INDICATED C _ rrf_7 9 n COMPLIANCE PREVIOUS ORDERS YES DISTRICT OFFICES: Bemidji (755-3820). 2. Mankato (285-7289).4. Duluth (723-4642). 5. Marshall (537-7151 7. Fergus Falls (736-6922). 8. St. Cloud (2554216). �tr(:EIVED Ai Ir; i.�19 COPIES - Central Office, Licensee, District Office minnes®ta department of health Q 717 s.e. delaware st. minneapolis 55440 (612) 296-5221 fill vaygn* ;Maui." Doer n. r. 01soot rowAli ..�.z._. - WO hO" x-VVi 44 thO Pigns 00VOWLAX 010 4 �4 410VIZ6111 CyAtgt f ' the Ag a- 4esi'mamh prgj t 4>04 044t Vsp full fine, co is as to .a;,4diti6041 Wo"Ati t anre s that . e n*�gsgaxy t *f0f a 00 PIAAnd Uptr C-At .OAS Vill Wkeots that three s*nLtary fa4ll.i.ttas are to b* LAct:ai1s4 to occar snes with tho stwisra# of this Dtvar { 1. cavvlota rovis"d vairat vasto cyst. plans 4V4 of"i.flatativas sbsii to sdtoitte4. 1s Bevor rnd vmtev utility v*vaeafons Ergs cite + ucet to tho bvi.fdLn..g shoU bs shom, ou s pl-ot p1so of projer.t isarvicet. Duplicate capies of tua ar-raolifeativas rsVis p142 OnA 3 letter 'COV4tia g th* rvre-vinx iteus Vfli &b* us ttls Woreatfola W* seed to cazpleto our plan tvvi6w. If you have any gmsstio in- rozard to tost info"clad c*rtj&1aa4 L* Wv lattor„ pl#vae coru4t. v4 pho st 6121296-5324. EWE 11 r.,44 Imo. ZrAd Naltou Rtea�x* )** Joe Notrammt, plumbing Unit RRIAR (3 ) D�— an'equal opportunity employer l:3 Yt o v*-ty tvuly� Utti Of Wat r vply *ad ctnozal 1:1 inner as CITY OF CHANHASSEN Pre-,lr1,a=n AUG 251 COMMUNITY DEVELOPMENT DEPT r department of health mmnesota dep O 717 s.e. delaware st. minneapolis 55440 (612) 296-5221 1A Zane 13, 1980 r. Jae Notermwin qq5--;.345 op 261( Shv*-opce Realty Shakopee, Mime to 55379 Pear Mir. Notermaw Stet Sewage Disposal l for rook -side C:;;3 iz� a=hmhas;Qc�n Towns, Car ver C u>aty J V'e are enclo star a copy of our report coverLng, an examination of plans said spocifications an tha above-drsi�iate d pr<iject. The plans and specifications appear to be in general conformances with the standards of.t;71s Departwe-at. 1-,,'hen. the project is co-mpleted, please corz3m-micatte with Da7ld Goff, Sanitarian in our :L etropolitin District Office in .�,1?ineapolis, in order that he may -make final Luspection. If 7ou have wary uestion$ in regard to the information contained in this report, please contact Pic.: Clark at (61Z) 296-5327. Yours v"p truly, Gary L. 1�n?bjzd, P.E., Chief Section of Water Supply and General Engineering Enclo xea CcI ER&R (3)✓ Pclm1b �c PL CITY OF CHANHASSEN AUG J198?L �TY DEVELOPMENT DEPi, an equal opportunity employer qgjo,(@ ,�',; �/1%+"'I� - 1�..iVLSOTA DEPARTMENT OF HEALT. `���� vl� 3 7: S !1 �� Section of Hotels, Resorts and Restaurants " 717 Delaware S.E., Minneapolis, Minn. 55440 PUBLIC HEALTH and SAFETY INSPECTI®N RECORD 7 '� DATE Y t P.O. `—.L-15 F:3 CO. � (Nkj: -,C- OWNER �� ALIT LICENSEE .�. t`+ ADDRESS C I [[�� _. ADDRESS R , 1 4�jv j it'q `i- 0 P.O. BUSINESS NAME 12 (' Qc� S c 'P NO. OF EMPLOYEES _ LIC. NO. POSTED NO. OF: BEDS ,SLEEPING ROOMS , UNITS � S TYPE OF BUSINESS laf� Mobile Home Park and/or Recre.it: nal Camping Area Sites ORDERS WRITTEN BELOW MUST BE COMPLIED WITH BY DATE INDICATED ;AA ', - r � �9� COMPLIANCE PREVIOUS ORDERS YES NO DISTRICT OFFICES: 1. Bemidji (755-3820). 2. Mankato (389-6025). 3. Rochester (285-7289). 4. Duluth (723-4642). 5. Marshall (537-7151). 6_ Mpls. (296-5335). 7. Fergus Falls (736-6922). 8. St. Cloud (255-4216). COPIES — Central Office, Licensee, r tact Office p I' � �.-+�. "- ..,� �, ..ten i l__�`r� •�-�� - SEWER DIAG 7 LL[h Jan�tanan � M- NESOTA DEPAI;rrMENT OF HEALT' Section of Hotels, Resorts and Restaurants 717 Delaware S.E., Minneapolis, Minn. 55440 PUBLIC HEALTH and SAFETY INSPECTION RECORD/ DATE ! 65 " 1 P.O.�> S. CO.y" `Q.j1' OWNERvlk- SEE ADDRESS ���� $� e A T6 wVl 5 LICENSEE ���S('� e ��-� � ADDRESS • p, lI�l?s! y( P.O. BUSINESS NAME r j re) n 5 .j 2 ! cs l e NO. OF EMPLOYEES LIC. NO. kOp i � POSTED NO. OF: BEDS ,SLEEPING ROOMS ,UNITS f.AQNS TYPE OF BUSINESS Mr, ( >° Mobile Home Park and/or Recreational Cam pm Ares Sit _ ORDERS WRITTEN BELOW MUST BE COMPLIED WITH BY DATE INDICAD CITY OF CHANHASSEN RECEIVED AUG257 eemmUNITY DEVELOPMENT PT, COMPLIANCE PREVIOUS ORDERS YES NO DISTRICT OFFICES: 1. Rrinidii"(755-3820). 2. Mankato 3 � (285.7289). 4. Duluth (723-4642). 5. Marshall (537-7151 6. Mpls. (296-5335). 7. Fergus Falls (736-6922). 8. St- Cloud (255-4210). COPIES — Central Office, Licensee, District Office WELL —SEWER DIAGRAM M' 'ESOTA DEPARTMENT OF HEALTH Div.sion of Environmental Health REPORT ON PLANS Plans and Specifications on Sewage Disposal for Brookside Cabins Location Chanhassen Township, Carver County Date Examined June 12, 1980 Prepared and submitted by Joe Noterman Shakopee Realty, Shakopee, Minnesota 55379 Date Received June 10, 1980 Plan File No. A5052 Ownership - Joe Noterman, Shakopee Realty, Shakopee, Minnesota 55379 Scope - This report includes the design of the sanitary features of a sewage disposal system. Type - Sanitary. Designed to collect and treat domestic sewage and basement drainage only. Storm -water connections should not be made. Treatment - Existing septic tanks and an additional 1000 gallon septic tank Final Disposal - Four 75' x 3' trenches with 12" rock below distribution pipes - Recommendations - Soil absorption type sewage disposal systems are considered a temporary method of disposal suitable only until such time as arrangements can be made to connect to a community sewerage system. If the system fails before a connection can be made, the plumbing fixtures should not be used until additional soil absorption capacity can be provided. Connection. should be'' made to the municipal sewerage system as soon as it becomes available. Conclusion These plans and specifications are in general accordance with the requirements of the Minnesota Department of Health, and are recommended for approval with the understanding as stated in the preceding paragraphs, and with the usual reservations as stated on the appended sheet entitled, "Information Relative to Plan Examination." Richard D..Clark, P.E. Public Health Engineer Section of Water Supply and General Engineeri14TY OF CHANHASSEN �I PlErCEIVED AUG 259? COMMUNITY DEVELOPMENT DEPT May 16, 1979 Mr. Joe Notermann Shakopee Realty 107 West First Avenue Shakopee, MinasesotA 55379 Dear Mr. Noterri4=: CITY OF CHANHASSEN A.uG259 CQMMUNITY DEVELOPMENT DEBT.. This is a follow up to our telephone conversation on May 15, 1970, regarding the a�cs��, �t�e� located at Hijhway 212 and 169 in Ciaanha en, Kinney , Carver County Enclosed is u cop; of a letter dated danaaary 15, 1979, to Mr. Phillip 1-1. hemmer, owner and operator of Brookside Motel at that tire. Aiso enclosea is a copy of water sanple results which indi.ctat;e that thtr sewn ge systam had failed ivid sewage was -beinry discharged into the strt:am that runs along the east side of the property. T.i� existing menage. systerd does not function properly and must be upgraded to comply with requirci..%-nts of the ninnesot:a Department of Health. Mr. 5evaner was certainly aware of the sewage system problem quad our records indicate that he did nut respond to our letter of January 15, 1979. It will be necessary for proper plans and specifications to be developed and submitted to this Department for review and approval calono, with a cosy ofe a local zoning permit. After ap-. propriate corrections are made and a final oil}site inspection is conducted by representatives of the Depart;zout, then an application to operate a lodn'ing Establishment may he completed and forwarded to this Department for processing. if we can be of further assistance re-,arding this matter,, please co.-=. nicate with us at 612/296-5341. Yours very truly. M. Frederick 'Mitchell section chief Hotels, Resorts and Restaurants cc: Dave Goff Roman Koch MFM:am August 20, 1982 CITY -OF CHANHASSEN 690 COULTER DRIVE ! P.O. BOX 147.0 C'Hk' > �'... SEP:, 11 i� :.`d C ; A 55317 (612) 937-1900 Certified Mail Mr. C.B. Schneider, R.S., Chief Section of Environmental Field Services Minnesota Department of Health 717 S.E. Delaware Street P.O. Box 9441 Minneapolis, N 55440 RE: Notermann License Application. Dear Mr. Schneider: As we discussed during yesterday's telephone conversation, the City of Chanhassen is currently reviewing the zoning status of the Brookside Motel and RV Park owned by Mr. Joseph Notermann and located near the intersection of Highway 101 and 212 in Chanhassen. However, before the City can respond to your letter of August 17, 1982 concerning the pending license application, the City will require additional information from your office. Specifically, the City requests copies of all correspondence, plans, applica- tions, and documents submitted by Mr. Notermann in support of his State license application. In addition to these materials, the City also requests copies of all similar documents pertaining to this business that are contained in Health Department files. Any correspondence, applications, etc. relating to the following list of previous business owners are requested: Arthur L. Rosen Richard A. King Philip H. Semmer (Semmer Co., Inc.) This request is being made pursuant to the Minnesota Data Practices Act. I would appreciate it if the requested documents could be for- warded to my attention within the next five (5) days. Page 2 August 20, 1982 The City's response to your letter of August 17, 1982 should be forwarded to you within ten (10) days of our receipt of the aforementioned information. Your cooperation and assistance in this matter is most appreciated. If you have any questions concerning this request, please don't hesitate to contact me. Sincerely, Scott A. Martin Community Development Director SAM : bf cc: City Attorney, Russell Larson Building and Zoning Official, George Donnelly SPA minnesota department of health 717 s.e. delaware st. p.o. box 9441 minneapolis 55440 (6121 296-5221 Mr. Donald W. Ashworth, Manager City of Chanhassen . August 17, 1982 690 Coulter Drive Chanhassen, MN 55317 M ro AA kA Dear Mr. Ashworth: We have received from Joe Notermann an application for ic nse to operate an eight site recreational camping area near the intersection of U. S. Highway 169 6 12 in the city of Chanhassen. Mr. Notermann is claiming that he has zoning permission from the city of Chanhassen to operate this type of enterprise at this location, He supports that claim with a series of letters and affidavits. In reviewing those documents, there is some question as to whether the City has really given zoning permission. We request that you clarify this situation to us in order that we may know how to proceed with Mr. Notermann's application. It is required by Minnesota Statutes, Section 327.16, Subd. 3 that the application for license to operate a recreational camping area be accompanied by zoning permission or a statement that no permission is necessary from the mun "pa ity or copnty, wherein the campground is to be located �T ill old Mr. Notermannts application for license in this office itl we ear fr you on this zoning issue. Yours very truly, C. B. Schneider, R.S., Chief Section of Environmental Field Services ,S EcEIVEp�. AUG 181982 CNANHASSFN an equal oppori :nity employer qmx W- K l� CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1476CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM DATE: October 14, 1980 TO: City Manager, Don Ashworth Assistant City Attorney, Craig Mertz FROM: Land Use Coordinator, Bob Waibel SUBJ: Brookside Motel Recreational Vehicle. Park PLANNING CASE: P-701 The following is in responseito Craig's memorandum on the subject matter of October 8,.1`980. It is my recollection from disc'ut'ssions with Mr. Semmer approxi- mately two -years ago, when he made application for a variance to establish a recreational vehicle park at -.'.the Brookside Motel, that this activity did not exist to the degree of which it presently doe., ' From a windshield inspection of the property, i't is readily apparent that individual site improve- ments, i.e. electrical hook --up service, have been recently installed. In this -.:regard, I would ask for Craig`s opinion as to whether or not this constitutes an intensification of the recreational vehicle park usage. The concern-st�of thi s offi ce are.- that: •, (1) Wi 11 there be any dtfftculty 'in maintaining, fhls as a:;recreational vehicle park rather than &� potential 'year-round recreattonatl ,,V:ehicie storage facility?, (2-,-JiWhether or not the recreational. vehicle park has proper sanitation. facilities and PCA permits for such, and (31 whether or not the 'subject- activity is exempt from shorel and management regulations and/or floodplain regulations If it in fact existed prior to the adoption of Ordinances 45 and 47. I cannot advise as to whether or not we should pursue this matter; however, I am concerned that we do all possible to address the above concerns. BW: nr RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. McCULLOUGH Bob Waibel Land Use Coordinator City of Chanhassen Box 147 Chanhassen, MN 55317 LARSON & MERTZ ATTORNEYS AT LAW ISOO FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA 55402 Donald W. Ashworth Chanhassen City Manager Box 147 Chanhassen, MN 55317 Dear Don and Bob: October 8, 1980 TELEPHONE (6I2) 335-5565 Re: Brookside Motel Ordinance Violation Some months ago, Joseph R. Notermannwas advised by the Zoning Office that the recreational vehicle park on the Brookside Motel property must be terminated, as that use is not permitted by the Chanhassen Zoning Ordinance. I met with Mr. Notermann and his son, Tony Notermann(attorney in Shakopee) regarding this matter early last month. Attorney Notermann took the position that the R-V park was a valid nonconforming use, and could be readily proved to be such. I advised Attorney Notermann that I would postpone any enforcement action for thirty (30) days so as to allow Mr. Notermann to collect evidence to support his position. Enclosed you will find three Affidavits supplied to me by Mr. Notermann. I am writing to you for instructions on whether you want me to pursue this matter. In order to overcome Mr. Notermann's evidence, it would be necessary to locate long-term residents of the area who would either contradict the contents of the three enclosed affidavits or who would be able to testify either that the nonconforming use has been expanded or that the nonconforming use was temporarily terminated in such a manner as to bring §20.04 of the Zoning Ordinance into operation. ( OCT 1980 � RECEIVE© �71 M VILLAGE OF cl ), CHANHASSEN, a, �,/� MINN.ec Don Ashworth/ Bob Waibel -2- 10/8/80 Incidentally, Attorney Notermann advises me that the construction trailers currently parked on what appears to be the westerly edge of the motel property are actually on a residue parcel owned by a third party. Attorney Notermann also indicates that these construc- tion trailers are on that site in connection with the traffic improve- ments at the Highway #101/#212 intersection. Please advise this office if you desire that legal action be commenced for the purpose of attempting to terminate the recreational vehicle park usage. CMM:mep Enc1. Very truly yours, CRAIG M. MERTZ Assistant Chanhassen City Attorney } e-1 -. B19u—AFFIDAVIT—Genortl Form.Short Form O/WELD PUMLIS$41N1• CO.. N(W ULM. MINN. ,*t8tE Df.......... LLisLnesmta-......... ____ ss. Scott County of ......... --........ _ Notary Public Before m ..------------------------------------ -------------------------- _........ a ..... _....................... ._..---.._._.._......_.....__in and for the Cott ____---rand State of-_--_____MiSl%1�.5_Q:Cr�_._._...came ..................•--_-_-•-- County of-----------------------------------• -------.._...___..._.._..--- •---___-Veria0xL__.LDj-ck-)---- Teic h-------------------------------------------------------------------------------_-_----------------------------------------------- who, beings by me duly sworn---------------Qr1.--- Qrlth—......................... aecordinj to law, deposes and says, that 1. That he is Vernon (Dick) Teich and presently resides at 220 Flying Cloud Drive, Carver County, Minnesota; 2. That he is well acquainted with the property commonly referred to as Brookside Motel and, in fact, was born within 100 yards of the property and, in fact, his mother still lives in the property. 3. That he has resided in the general vicinity of this property for his whole life; 4. That he has personal knowledge of the use of the property for a period well in excess of 20 years, and that all duriizg this period of time, Brookside Motel has, in fact, had recreational vehicles parked along the back side of the property during the season within which they are commonly used. Further your affiant sayeth not. Vernon (Dick) Teich Subscribed and sworn to before me this y il ... day of--- L�' L- AUDREY McGOV ERN NOTARY PUBUC — MINNESOTA COTT COUNTY F �IfyCommissiorrExpireS APM Z0, 899Ji—AFFIDAVIT—Cenral Form.Short F-gym oDwaLn .uNuNNINa an.. Ncw uLw, Mi Wtjo Of ......... UDn e.�.; 4 t a ------------ ----- 88, Count o Scott Before me Notar Public in and for the _............. -- .. - a_..-.. - X-...._..-...-..---------------.._ Count o Scott . ..and State of LKa.mnes.0-ta------.-came................. ...................................... ....... -.-�.Ly di_a-.Teich.....--•-•--•----..._--......--------------------•---...---------•----......------...--•---......-•-------------------------•----•---•----•. who, being by me duly sworn ...... osL_IIa.th_... _.........................aeoordinj to law, deposes and says, that 1. That she is Lydia Teich and presently resides at 775 Great Plains Boulevard, Chaska, Minnesota 55318 2. That she is well acquainted with the property commonly referred to as Brookside Motel and, in fact, resides within 100 yards of the motel. 3. That she has resided in the vicinity of this property for over 20 years and all of her married life. 4. That she has personal knowledge.of the use of the property .for a period well in excess -of 20 years, and that all during this period of time, Brookside Motel has, in fact, had recreational vehicles parked along the back side of the property during the season within which they are commonly used. Further your affiant sayeth not. Lydia Teich Subscribed and worn to before me this 3 day of ----• = - L�fLL 1 9 - D .......... ter...,+ �,��.,e..ss�►+�! ••� �p,UDRE�f. McGOVERN NOTARY PUBLiC -" MN7 �07A 1'3.t+F Ex fires PViu Commie on P 911u--AFFIDAVIT—Genoral Foroi.5hor1 Nli;�n— OPWJLo PUSL1DM1HU GO.. N[W ULM. M111N. • tc #..........Minnesot---...•....... ---• -- • a 11- Count o Scott f - Notary Public in and for the Count Before me,..._Sc.-•-•................................................••-----•--•:--...---a-----------------••-•----•------ - ott y of • .................•----....._..-----•--...and State o}-........ Mlnne.snta_....... came ............... _.................................. .... Toy.cll ............................................................................. _...-•-•....._...._.........•------•---•-•••-----•-•--••...... who, beinff by me duly sworn .....--....On --- r1th-__.........................according to law, deposes and says, that 1. That he is Chester J. Teich and presently resides at 825 Flying Cloud Drive,.Carver County, Minnesota; 2. That he is well acquainted with the property commonly referred to as Brookside Motel and, in fact, was born within 100 yards of the property and, in fact, his mother still lives in the property. 3. That he has resided in the general vicinity of this property for his whole life; 4. That he has personal knowledge of the use of the property for a period well in excess of 20 years, and that all during this period of time, Brookside Motel has, in fact, had recreational vehicles parked along the back side of the property during the season within which they are commonly used. 5. That affiant has lived across the street, across Highway # 212, for a period of at least 20 years, which said residence is directly across from the commonly referred to area as Brookside Motel. Further your aff iant sayeth not. + Subscribed ands orn. to before me, this Chester ,T . 1Ch ----------------------------- ». ----- AUOREY MCGO'vERN NOTARY PUBLIC — MINNESOTA 4 ' - — COUNTY My ommiss on x1 1 s RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGH Bob Waibel Land Use Coordinator City of Chanhassen Box 147 Chanhassen, MN 55317 LARSON 8c MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA 55402 Donald W. Ashworth Chanhassen City Manager Box 147 Chanhassen, MN 55317 October 8, 1980 TELEPHONE (612) 335-9565 i era...., //--Z o A� 14 a jje... C, arfo Q w .w 6�j..jl a .,f c4d a LAN �%� i.Y �O/'/�.4, 7►eW pei G-PM �J C1v tIv7��IL Re: Brookside Motel Ordinance Violation Dear Don and Bob: vol' 00qe coo-A'e.fly L a.w� 601.� It �1G/OWA.— Owl^df r"•vls�r��y O Some months ago, Joseph R. Notermannwas advised by the Zoning c�rc�,,•4.�car Office that the recreational vehicle park on the Brookside Motel property must be terminated, as that use is not permitted by the Chanhassen Zoning Ordinance. I met with Mr. Notermannand his son, Tony Notermann (attorney in olfo��t Shakopee) regarding this matter early last month. Attorney Notermann/ took the position that the R-V park was a valid nonconforming use, and could be readily proved to be such. I advised Attorney Notermann that I would postpone any enforcement action for thirty (30) days so as to allow Mr. Notermann to collect evidence to support his position. Enclosed you will find three Affidavits supplied to me by Mr. Notermann. I am writing to you for instructions on whether you want me to pursue this matter. In order to overcome Mr. Notermann's evidence, it would be necessary to locate long-term residents of the area who would either contradict the contents of the three enclosed affidavits or who would be able to testify either that the nonconforming use has been expanded or that the nonconforming use was temporarily terminated in such a manner as to bring §20.04 of the Zoning Ordinance into operation. RF C'`' VILLAC:E OFCID 6y' CHMHASSEN, 11 Don Ashworth/ Bob Waibel -2- 10/8/80 Incidentally, Attorney Notermann advises me that the construction trailers currently parked on what appears to be the westerly edge of the motel property are actually on a residue parcel owned by a third party. Attorney Notermann also indicates that these construc- tion trailers are on that site in connection with the traffic improve- ments at the Highway #101/#212 intersection. Please advise this office if you desire that legal action be commenced for the purpose of attempting to terminate the recreational vehicle park usage. CMM:mep Enc1. Very truly yours, c CRAIG M. MERTZ Assistant Chanhassen City Attorney s Z -y - D99W—AFFIDAVIT—G.norrl Foms.6hort Form *tgtt Of .......... Minn.esa.ta-................ 8R, County of.......... Scott----_` D.WALD PUSLINMINa GO.. M[W UI.M. MIMM. Before m ,...- .. a.:...----..-•---........•._-_•---• Notary Public in and for the co t County of.--.....----.._..t ----------------------- --- rind State of-_..._.._.MiSl]�e.S.Qts�-....... ca;>•ne--------------••--•--._..__......----...._._......._.... --- CDick.).... Teich ----------------------------------------------------------------- _---------------------- --------------------------- who, beinff by me duty sworn, ............S1A.--Qra.th.........--....---_.._...."oording to law, deposes and says, that 1. That he is Vernon (Dick) Teich and presently resides at 220 Flying Cloud Drive, Carver County, Minnesota; 2. That he is well acquainted with the property commonly referred to as Brookside Motel and, in fact, was born within 100 yards of the property and, in fact, his mother still lives in the property. 3. That he has resided in the general vicinity of this property for his whole life; 4. That he has personal knowledge of the use of the property for a period well in excess of 20 years, and that all durit ^ this period of time, Brookside Motel has, in fact, had recreational vehicles parked along the back side of the property during the season within which they are commonly used. Further your affiant sayeth not. c. - �j Vernon (Dick) Teich Subscribed and sworn to before me this ... day of...-Ilf= s.... AUDREY. McGOIVERN NOTA;tY PUBLIC — MINNESOTA SCOTT COUNTY im 899)4—AFFIDAVIT—G*n*mJ Form.Short Form n/WALD PURLISMINU Go.. MLW ULM. MIMN. 3tte of.........4n s 4 a ------------ U / Count o Scott ................ Before me a. Notary Public in and for the Count o Scott , _ , _..and State of y f---•---------------•----• ........_L1z,n���.ta_-•--•--came.----......._..----•- ------- _...... Ly.di.aT_ei..ch..-----•----•.................•_.........-•-----•--..........---•----•---......------------........._.---•-----•-•------..•......---•._........ who, beinj by me duly sworn ...-_•.oIL_IIath._--- -----•--.-..._-•-___--.--aceordinj to law, deposes and says, that I. 1. That she is Lydia Teich and presently resides at 775 Great Plains Boulevard, Chaska, Minnesota 55318 2.- That she is well acquainted with the property commonly referred to as Brookside Motel and, in fact, resides within 100 yards of the motel. 3. That she has resided in the vicinity of this property for over 20 years and all of her married life. 4. That she has personal knowledge of the use of the property .for a period well in excess -of 20 years, and that all during this period of time, Brookside Motel has, in fact, had recreational vehicles parked along the back side of the property during the season within which they are commonly used. Further your affiant sayeth not. Lydia Teich Subscribed and worn to before me, this 'Cd ------ 19 �-- ....3-•-.-...day of------- rtiAUOREY WGOVERH tiOTARY PUBLIC - MINNE$OTA rnuNT �•• Commies on Expires APri - , ..>>.....*,;*Ora b .' U99k^AFFI1)AVIT—Genwul Fonn.tilkorl Forth • V ' ■ OPWALO •UNLIMMIMn BO.. NLW ULM. MI S#3t . at af Minnesota ................................................ 88. Count o Scott Notary Public Before me, - ..............a..........................................................in and for the Scott ..and State of .........M.inne.SAt_a-......•came....•................ Countl! of :... _. .... -Che s 0r-••J =---Tair . -------------------------------------------------- -------------------------------- -... -......................... who, bein¢ by me duly sworn, ---------- QXl.... Qath.-----___-----__.--•.--___-accordinj to law, deposes and says, that 1. That he is Chester J. Teich and presently resides at 825 Flying Cloud Drive,.Carver County, Minnesota; 2. That he is well acquainted with the property commonly referred to as Brookside Motel and, in fact, was born within 100 yards of the property and, in fact, his mother still lives in the property. 3. That he has resided in the general vicinity of this property for his whole life; 4. That he has personal knowledge of the use of the property for a period well in excess of 20 years, and that all during this period of time, Brookside Motel has, in fact, had recreational vehicles parked along the back side of the property during the season within which they are commonly used. 5. That affiant has lived across the street, across Highway # 212, for a period of at least 20 years, which said residence is directly across from the commonly referred to area as Brookside Motel. Further your affiant sayeth not. Subscribed and sjuorn to before me this 22 ��._ s' AUDREY WGObiRN NOTARY PUBLIC - MINNESOTA 1 "SC4DTT COUNTY My .nmrnlS506 . ;<; I Chester J. Ttich CITY OF CBANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 CERTIFIED MAIL July 7, 1980 Mr. Joseph R. Noterman 107 W. 1st Avenue Shakopee, MN 55379 Dear Mr. Noterman: This letter is in response to 3 th iscovery by staff that there I is presently a recreational vehitill park -_ active on the premises, noted as the Brookside Motel. . Additionally attached, is- a letter from myself to Mr. Phillip gemmer regarding this type of usage on the same property of which you,are now owner. For clarification purposes, Mr. Semmer never carried forth with the zoning ordinance amendment application and thus the enforcement conditions set forth in the subject letter,. -remain in fact today. Since the presently activ'6'recreational"vehicle park on your property does not.have the sanction of ordinance, this activity. must be terminated within 15 days- after receipt of this letter, the City Attorney-will,be notified to proceed with legal action. If you have any qu-'estions-or commenta, please do not hesitate to contact me. Sincerely, 'z Bob Waibel Z BW: nw- Enc. cc: Don Ashworth,, City Manager Russell Larson, City Attorney l CITY 7F } — �� Y ` ''R• v /�` =L S"'�- 'max 't pq 3 k• � � '; � s 7610 LAREDO DRIVE®P.O. BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 June 8, 1978 Mr. Phillip H. Semmer 23 Riverwood Lane Burnsville, MN 55337 Re: Brookside Motel, R.V. Proposal Dear Mr. Semmer: I am in receipt of your application for consideration of planning request dated June 1, 1978, and have the following comments:... As you know, Chanhassen Zoning Ordinance 47, has no provision for a request such as yours. Under this circumstance, it is first necessary that an amendment to Ordinance'47 be established that would allow over night recreational vehicle parking in commercial districts, as a conditional use. in establishing any amendment to Ordinance, the City must conduct sufficient research for the purpose of setting standards for a particular use. Before we can proceed on a request from you for amendment to ordinance, it is necessary that you as the applicant, place an escrow amount of.$500.00, with the City Treasurer, to defray staff costs in researching and processing your application. Any amount remaining after tabulation of staff time and expenses, will be remitted back to you. - I must remind you that penalties will be enforced for any violation of -the provisions of the ordinances of the City of Chanhassen. If you have any questions or comments, please do not hesitate to contact me. Sincerely, Bob Waibel Assistant City Planner BW;k CHAPTER THREE VARIANCE PETITION -20- VARIANCE PETITION CHRONOLOGY Introduction: The purpose of granting a "Variance" is to provide relief from the strict application of the provisions of the Zoning Ordinance and impost conditions and safeguards where there are practical difficulties or particular hardships. Step-by-step Procedure for Processing an. Application Involving a Variance Request. (Ref. Ordinance 47, Section 22.04). Step 1. PETITIONER. Initial Information. All applications for variance shall be filed in the office of the Zoning Administrator and shall be accompanied by ten (10) copies of a set of plans and graphics containing the following information: . a. Sketch Plan showing all pertinent dimensions having an influence upon the Variance Request. b. If topography.or extreme grade is the basis on which the request is made, topographic contours at two (2) foot intervals shall be submitted. C. An Abstractor's Certificate showing the names and addresses of all property owners within three hundred fifty (350) feet of the property in question. d. Pays required filing fee. Step 2. ZONING ADMINISTRATOR. a. Reviews documents submitted in Step 1 above, and requests any missing information from petitioner. b.. Forwards copies of the petition to other staff members or governmental agencies deemed appropriate at least fourteen (14) days prior to the Board of Adjustments and Appeals meeting. C. Sets date for public hearing within thirty (30) days after filing for variance. d. Notified Board of Adjustments and Appeals and adjacent property owners of forthcoming public hearing. Said notice of public hearing shall be mailed not less than ten (10) days prior to the date of public hearing. 1 - 21- :Prepares Planning Report which includes comments from other staff and forwards copies to Board of Adjustments and Appeals and petitioner no later than Friday prior to the scheduled public hearing. Step 3. BOARD OF ADJUSTMENTS AND APPEALS. a. Reviews.documents and reports submitted in Step 1 and 2 above. b. Hears petitioner's formal presentation of the proposed variance. C. The Board of Adjustments and Appeals shall not recommend, and the Council shall not grant, a variance unless they find the following facts: 1) That there are special circumstances or conditions affecting the land, building or use referred to in the application for the variance. 2). That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. 3) That the granting of the application will not be materially detrimental to the public welfare or injurious to property in the area adjacent to the property for which the variance is sought. 4) That the granting of the variance will be in keeping with the spirit and intent of the Zoning Ordinance and City Plan. The Board of Adjustments and Appeals in recommending, and the Council in granting, a variance may impose conditions to insure compliance and to protect adjacent properties. The Board of Adjustments and Appeals and the Council shall not permit as a variance any use that is not permitted under this ordinance for property in the Zoning district where the land which is the subject of the variance application is located. Step 4. ZONING ADMINISTRATOR. a. Forwards copy of the Board of Adjustments. and Appeals recommendation to the City Council. Step 5. CITY COUNCIL. a. The Council shall review, and may revise or reverse, any decision of the Board of Adjustments and Appeals. In reviewing such decisions the Council may conduct such hearings as it may deem advisable and shall prescribe what notice, if any, shall be given of such hearings. The Council shall conduct its review of:any such decision and make its findings and order thereon within 60 days after receipt by it of the decision of the Board of Adjustments and Appeals. No permit for a variance shall be issued unless a decision of the Board of Adjustments and Appeals approving the same is reviewed and approved by the Council. b. Denial. Variances may be denied by the Council and such denial shall constitute a finding and determination that the conditions required for approval do not exist. No application for a variance which has been denied wholly or in part shall be resubmitted for a period os six (6) months from the date of such order of denial, except on grounds of new evidence or proof of change of conditions found to be valid by the Board of Adjustments and Appeals. C. Action Without Decision. If no decision is transmitted by the Board of Adjustments and Appeals within sixty (60) days after referral of the appeal or application for variance to the Board, the Council may take action without further awaiting such decision. -23- INSTRUCTIONS FOR COMPLETING ADMINISTRATIVE FORM ENTITLED: APPLICATION FOR CONSIDERATION OF PLANNING REQUEST, VARIANCE PETITION. (Note: This instruction sheet should be given to each applicant petitioning for a variance.) 1. The applicant should become familiar with the provisions setforth in Ordinance 47 as amended entitled "Chanhassen Zoning Ordinance", and the City Administrative Procedures Manual. 2. If the applicant is requesting a multiple request, such as a variance which may also involve a rezoning or conditional use permit, .separate forms must be filled out for each request. 3. Case No., fee paid and date will be filled out by the Administrator, or any other authorized person.charged with accepting forms for the Planning Commission. 4. Applicant refers to the person actually submitting the form, if different than owner. If applicant is also the owner, write "same" after_ "name". Address refers to the applicants mailing address. 5. Owner refers to the actual person holding title to the property in question; it does not refer to a contract buyer, renter, or lessee. Address refers to the owners mailing address. 6. Address of property in question refers to subject property street name and number. If the property is undeveloped, the address may be obtained from the City Building Inspector. 7. Legal Description of property in question refers to the lot number, block number and name of subdivision, or if unplatted, the meets and bounds description or registered land survey as recorded of the subject property. This information may be obtained from the Carver County Register of Deeds, located in the County Courthouse, Chaska, Minnesota. 8. Present zoning of property refers -to the specific zoning district in which the property is located. 9. Present use of property refers to the existing land use, i.e., single family residential, office building, agriculture, etc. 10. Proposed use of property refers to the specific improvement intended for the property in questions. 11. Documents attached are required by City Ordinance 47, Section 22. 12. The remaining portion of the application is for administrative use. _24_ VARIANCE PETITION CASE NO. VAR. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Date of Application Fee Paid _ Date Received by Daytime Phone # g?'� c26o ,'6 Applicant: A,J� T� Name:_ C70 CI4 D F /i Last First Initial Address: , - Vi v�tJ'i4 Number aqa Street City State Zip Code Owner Name: c� �i �S 6 • ��� • !>�'�/..'� 1`/GLF//. �533 Number a Street City State Zip C de Address o� Property in Question: Legal description of property in question: Present zoning of proper Present use of property: The following documents shall be attached to this application: Date Received Initial 1. Dimensioned Sketch Plan 2. Abstractors Certificate _ (Names and addresses of property owners within 350 feet of subject property) . 3. Signatures I hereby declare that all statements made in this application and on the attached documents are true and that I shall reimburse the City or Chanhassen for all City expenses incurred in processing this application. C Signature of App 6-- l- q K Date Received by Title Date (Following to be completed by Zoning Administrator or City Official). CHRONOLOGY 1 DATE i BY Report Written Copies for Comments to: Rgr ( ), Treas. ( } , Atty. ( ) , Engr. Bldg. Public Hearing Ordered Adjacent property owners notified Public Hearing by Board of Adjustments and Appeals Public Hearing Application on Council Agenda Council Postponed to Council Action PLANNING REQUEST MEMORANDUM DATE: TO: Manager ( ) Engineer ( ) Treasurer ( ) Attorney ( ) Building ( ) FROM: Planning Department SUBJ: Response Requested on Attached Variance Request CONSIDERATION: Comments from your department concerning the attached are requested by DEPARTMENTAL COMMENTS: i BOARD OF ADJUSTMENTS AND APPEALS RECOMMENDATION (Variance Request) On this day of 19 this Variance Request was recommended for (approval), (d sapproval) subject to the following conditions: Chairman, Board of Adjustments & Appeals Action by City - Variance Request On this day of 19 , the Chanhassen City Council, Carver and Hennepin Counties, Minnesota (approved), (disapproved) this Variance Request subject to the following conditions: By order of the Chanhassen City Council Mayor Attest: City Administrator I (1) Will the particular physical surroundings, ape or topo - graphical conditions of the specific parcel of land involved, cause a particular hardship to the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out? (2) Are the conditions upon which ax 1x!tit.ion for a variation is ]kjsoel unique to the pa roel of land for whic.:h the variances: is souo-iL- and not applicable, generally, to other property within the sajr- zoni riq classification? (3) Is the: alleged difficulty or hardship caused by this ordi- nance and not by any persons presently having an interest in the parcel of land? (4) Will the granting of the variance be detrimental to the public welfare or -injurious to other land or improvements in the neighborhood in which the parcel is located? (5) Will the proposed variation impair an adequate supply of light and air to adjacent . property or substantially increase the congestion of the public streets, or increase the danger of fire, or en- danger the public safety or substantially diminish or impair property values .within the neighborhood? IIHoard of Staff 1,A;,,a4-.._-„- Yes I No IYes I No Yes I No Yes Yes No Yes No Yes I No Yes No Yes INo Yes a