3. Lakeside Beachlot CUP Amendment0
CITY OF
CHANgASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
7901 Park Place
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Bob Generous, Senior Planner
DATE: June 25, 2012 0ye-e-
SUBJ: Lakeside Beachlot Conditional Use Permit Amendment
Planning Case #2006 -26
PROPOSED MOTION
"The Chanhassen City Council approves the amendment to the Conditional
Use Permit for the Lakeside Beachlot to add canoe racks, and adoption of the
attached Planning Commission Findings of Fact."
City Council approval requires a majority vote of the entire City Council.
EXECUTIVE SUMMARY
The Lakeside Master Association is proposing to add canoe racks to the beachlot. Up to
four non - motorized watercraft racks are a permitted element on a beachlot. The original
approval did not include any non - motorized watercraft racks.
PLANNING COMMISSION SUMMARY
The Planning Commission held a public hearing on June 19, 2012 to review the
proposed amendment to the Lakeside Beachlot Conditional Use Permit (CUP). The
Planning Commission voted four for and none against a motion recommending approval
of the addition of the non - motorized watercraft racks. There were no issues or concerns.
The Planning Commission minutes are attached.
RECOMMENDATION
Staff recommends approving the amendment to the Lakeside Beachlot Conditional
Use Permit to permit canoe racks.
ATTACHMENTS
1. Planning Commission Staff Report Dated June 19, 2012.
2. Planning Commission Minutes of June 19, 2012.
g:\plan\2006 planning cases \06 -26 lakeside \cup amendment 2012 \executive summary.doe
3
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
PC DATE: June 19, 2012
CC DATE: June 25, 2012
REVIEW DEADLINE: July 17 2012
PLANNING CASE #: 2006 -26
BY: AF, REG, TJ, ML
PROPOSED MOTION:
"The Planning Commission recommends approval of the amendment to the Conditional Use
Permit for the Lakeside Beachlot to add canoe racks, and adoption of the attached Findings of Fact
and Recommendation.
SUMMARY OF REQUEST: The developer is requesting an amendment to the Lakeside
Beachlot Conditional Use Permit to allow two canoe racks located on Outlots I & J, Lakeside —
Planning Case 2006 -26
LOCATION: South of Lyman Boulevard at
Lake Riley Drive
APPLICANT: Lakeside Master Association
Gary Roethle
8776 Lake Riley Drive
Chanhassen, MN 55317
PRESENT ZONING: Planned Unit
Development — Residential (R -16 underlying)
2020 LAND USE PLAN:
ACREAGE: 1.44 acres
Residential High Density
DENSITY: NA
LEVEL OF CITY DISCRETION IN DECISION - MAKING: The City has limited discretion
in approving or denying conditional use permits, based on whether or not the proposal meets the
conditional use permit standards outlined in the Zoning Ordinance. If the City finds that all the
applicable conditional use permit standards are met, the permit must be approved. This is a
quasi-judicial decision.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSAL /SUMMARY
The Lakeside Master Association is proposing to add two canoe racks to the beachlot. Up to four
racks are a permitted element on a beachlot. The original approval did not include any non-
motorized watercraft racks.
APPLICABLE REGULATIONS
CITY OF CHANHASSEN
Chapter 20, Article IV, Conditional Use Permits
Planning Commission
Lakeside Beachlot CUP Amendment
June 19, 2012
Page 2 of 3
BACKGROUND
July 24, 2006, as part of the original Conditional Use Permit (CUP), the
recreational beachlot was approved that included a gazebo, fire pit,
grill, portable chemical toilet, two beach areas, picnic area, tot lot,
walking path and one dock with six slips.
The permit was issued for the recreational beachlot for the Lakeside
development with the following conditions:
a. A conditional use permit (CUP) shall be obtained from the City prior to the operation of a
recreational beachlot.
b. The plans shall be revised to depict the OHW of Lake Riley, which is 865.3. All structures
shall be located a minimum of 75 feet from the OHW. The proposed fire pit shall be located
a minimum of 75 feet from the OHW and shall be buffered from the lake by vegetation. No
grading or intensive clearing of vegetation shall occur within the shore impact zone (all
areas within 37.5 feet of the OHW).
c. The area of Outlot B shall be recalculated to include only the area within the outlot above
the OHW. The amount of shoreline for Outlot B shall be calculated along the OHW. The
number of docks and slips permitted by the conditional use permit for the beachlot shall not
exceed the number of docks and slips allowable by City Code for the actual beachlot area
and frontage.
d. All existing amenities and/or structures (including any docks, existing beach that is not
proposed to remain and the boat launch) on Outlot B, North Bay shall be removed. A boat
launch is not permitted.
e. The applicant shall work with staff on the design of and materials for proposed path from
Lyman Boulevard to the dock to minimize the impacts of runoff from the path to the
shoreline and Lake Riley.
f. The proposed walking path along the shoreline shall be made of a pervious surface such as
mulch, crushed rock or turf grass and shall not be located below the OHW. Special
attention shall be paid to ensure that the path materials are not prone to erosion. The plans
shall be revised to show the woodland gardens above the OHW of Lake Riley.
g. An individual permit shall be obtained from the DNR for any beach sand applications that
do not meet the DNR standards for sand blanket applications without an individual permit.
h. One beach area shall be permitted to minimize impacts to the lake and to adjacent residents.
i. The applicant shall work with staff on the placement of the beachlot infrastructure to
preserve as many of the existing trees in that area as possible. A survey of the area with the
tree locations will be required and used to facilitate tree preservation. The applicant shall
Planning Commission
Lakeside Beachlot CUP Amendment
June 19, 2012
Page 3 of 3
also work with staff on the location of the woodland path and woodland gardens along the
path.
ANALYSIS
A CUP is required for the beachlot. The beachlot is approximately 1.44 acres in area. The
length of shoreline at the beachlot is over 800 feet. The Lakeside beachlot serves all the
households within the Lakeside development. Up to 233 dwelling units were approved with the
initial development.
The land south of Lyman Boulevard generally slopes from
the north down to Lake Riley with an ordinary high water
(OHW) elevation of 865.3. There are areas of very steep
slopes on the north side of the beachlot. The beachlot area is
heavily wooded. These trees were preserved as part of the
development.
Non - motorized watercraft such as canoes, windsurfers,
sailboards and small sailboats may be stored overnight on any
recreational beachlot if they are stored on racks specifically
designed for that purpose. The addition of the racks is
permitted by City Code and is consistent with the development
of the beachlot. Section 20 -266 (6) permits up to four racks
with space for six watercraft each. The placement of docks,
buoys, diving ramps, boat racks, and other structures shall be
indicated on a site plan approved by the city council. Staff
recommends that the storage racks be located to the west of the tot play area and north of the beach.
RECOMMENDATION
Staff recommends that the Planning Commission approve the Conditional Use Permit #2006 -26
amendment to permit the construction of up to four non - motorized watercraft racks at the
Lakeside recreational beachlot subject to the existing conditions of approval.
ATTACHMENTS
1. Findings of Fact and Recommendation.
2. Development Review Application.
3. Rack Schematic.
4. Section 20 -266 of the Chanhassen City Code.
5. Public Hearing Notice and Mailing List.
g: \plan\2006 planning cases \06 -26 lakeside \cup amendment 2012\staff report.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Gary Roethle of the Lakeside Master Association for an amendment to
Conditional Use Permit #2006 -26 to permit the construction of canoe racks on the beachlot.
On June 19, 2012, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Gary Roethle of the Lakeside Master Association for a
conditional use permit for the property located at Lyman Boulevard and Lake Riley Drive to add
canoe racks to the approved beachlot. The Planning Commission conducted a public hearing on
the proposed conditional use was preceded by published and mailed notice. The Planning
Commission heard testimony from all interested persons wishing to speak and now makes the
following:
FINDINGS OF FACT
1. The property is currently zoned Planned Unit Development — Residential (PUD -R).
2. The property is guided by the Land Use Plan for Residential High Density.
3. The legal description of the property is: Outlots I and J, Lakeside
4. Section 20 -232
a. The proposed canoe racks will not be detrimental to the public health, safety,
comfort, convenience or general welfare of the neighborhood or the city.
b. The proposed canoe racks will be consistent with the objectives of the city's
comprehensive plan and this chapter.
The proposed canoe racks will be designed, constructed, operated and maintained
so to be compatible in appearance with the existing or intended character of the
general vicinity and will not change the essential character of that area.
d. The proposed canoe racks will not be hazardous or disturbing to existing or
planned neighboring uses.
e. The proposed canoe racks will be served adequately by essential public facilities
and services, including streets, police and fire protection, drainage structures,
refuse disposal, water and sewer systems and schools; or will be served
adequately by such facilities and services provided by the persons or agencies
responsible for the establishment of the proposed use.
f. The proposed canoe racks will not create excessive requirements for public
facilities and services and will not be detrimental to the economic welfare of the
community.
g. The proposed canoe racks will not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any persons,
property or the general welfare because of excessive production of traffic, noise,
smoke, fumes, glare, odors, rodents, or trash.
h. The proposed canoe racks will have vehicular approaches to the property which
do not create traffic congestion or interfere with traffic or surrounding public
thoroughfares.
i. The proposed canoe racks will not result in the destruction, loss or damage of
solar access, natural, scenic or historic features of major significance.
j. The proposed canoe racks will be aesthetically compatible with the area.
k. The proposed canoe racks will not depreciate surrounding property values.
1. The proposed canoe racks will meet standards prescribed for certain uses as
provided in the city code.
5. The planning report #2006 -26 dated June 19, 2012, prepared by Robert Generous, et al.,
is incorporated herein.
RECOMMENDATION
The Planning Commission recommends that City Council approve the conditional use
permit to amend the CUP to permit the construction of canoe racks.
ADOPTED by the Chanhassen Planning Commission this 19 day of June, 2012.
CHANHASSEN PLANNING COMMISSION
EN
It's Chairman
W
CITY OF CHANHASSEN
7700 Market Boulevard — P.O. Box 147
Chanhassen, MN 55317 — (952) 227 -1100
DEVELOPMENT REVIEW APPLICATION
PLEASE PRINT
7 plicant Name and Address:
Qr Foe4 -kle
97 1 & 4& _e R;te$f Sp
_ eha r► l a rs en M/y 5S 317
Contact:
Phone: Fs2- 241 -LG 37 Fax: Lie- ZV-? -,64 ay
Email: Qt g9 3 Y ®t�cz
PI nnin Case No'< CZCCX t y
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CITY OF CHANHASSEN
RECEIVED.
MAY 18 2012
CHANHASSEN PLANNING DEPT
Property Owner Name and Address:
Contact: (, ary o e i-A(t
Phone: -Zt,I- &637 Fax: Gt2 zy -6G��?
Email: an , co A"
NOTE Consultation with City staff is required prior to submittal, including review of development
plans
Comprehensive Plan Amendment
Conditional Use Permit (CUP) Aggs
Interim Use Permit (IUP)
Non - conforming Use Permit
Planned Unit Development*
Rezoning
Sign Permits
Sign Plan Review
Site Plan Review (SPR)*
Subdivision*
Temporary Sales Permit
Vacation of Right -of -Way /Easements (VAC)
(Additional recording fees may apply)
Variance (VAR)
Wetland Alteration Permit (WAP)
Zoning Appeal
Zoning Ordinance Amendment
Y Notification Sign — $200
(City to install and remove)
An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant
prior to the public hearing.
*Five (5) full -size folded copies of the plans must be submitted, including an 8 % X 11" reduced
copy for each plan sheet along with a digital copy in TIFF -Group 4 ( *.tif) format.
* *Escrow will be required for other applications through the development contract.
Building material samples must be submitted with site plan reviews.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for
each application.
X E E 50 for Filing Fees /Attomey Cost **
- UP /SPR/VACNAR/WAP /Metes & Bounds
0 Minor SUB
S S APPI►`cctrl°�
TOTAL FEE $ V j , Cl,-1 aoa
PROJECT NAME:
LOCATION:
LEGAL DESCRIPTION AND PID: C-
TOTAL ACREAGE: Z C.
WETLANDS PRESENT: YES NO
PRESENTZONING: i�es�`��ii! /- {�`q1, ehS�`fy 12
REQUESTED ZONING: _ n / I 1� — s
PRESENT LAND USE DESIGNATION: pk — /� 2
P�.
REQUESTED LAND USE DESIGNATION: b _
REASON FOR REQUEST: ALL ' n 13ea e-� 14
A e kNo f-o 7
Lot•
FOR SITE PLAN REVIEW: Include number of existing employees: ` and new employees:
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.
A determination of completeness of the application shall be made within 15 business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
This is to certify that 1 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 Title, 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.
/7a � s /S — / Z
Signature of plicant Date
Signature 9 Fee Owner Date
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City of Chanhassen, City Code
Sec. 20 -266. - Recreational beach lots.
Intent. Based upon experience, it is recognized by the city that the use of lakeshore by multiple parties
may be an intensive use of lakeshore that may present conflicts with neighboring uses of lakeshore or the
use of other lakeshore on the same lake or the lake itself. Further, beach lots may generate complaints if
they are not maintained to the same standards as single- family lakeshore lots. Therefore, the city requires
the following conditions for recreational beach lots, in addition to such other conditions that may be
prescribed in the permit:
(1) Recreational beach lots shall have at least 200 feet of lake frontage.
(2) Except as specifically provided herein, no structure, ice fishing house, camper, trailer, tent,
recreational vehicle, shelters (except gazebos) shall be erected, maintained, or stored upon any
recreational beach lot. For the purpose of this section, a gazebo shall be defined as, "a freestanding roofed
structure which is open on all sides."
(3) No boat, trailer, motor vehicle, including but not limited to cars, trucks, motorcycles, motorized mini -
bikes, all- terrain vehicles or snowmobiles shall be driven upon or parked upon any recreational beach lot.
(4) No recreational beach lot shall be used for overnight camping.
(5) Boat launches are prohibited.
(6) No recreational beach lot shall be used for purposes of overnight storage or overnight mooring of
more than three motorized or nonmotorized watercraft per dock. If a recreational beach lot is allowed
more than one dock; however, the allowed number of boats may be clustered. Up to three sailboat
moorings shall also be allowed. Nonmotorized watercraft such as canoes, windsurfers, sailboards and
small sailboats may be stored overnight on any recreational beach lot if they are stored on racks
specifically designed for that purpose. No more than six watercraft may be stored on a rack. The number
of racks shall not exceed the amount of storage necessary to permit one rack slip per lot served by the
beach lot; however, in no case shall there be more than four racks per beach lot. Docking of other
watercraft or seaplanes is permissible at any time other than overnight.
(7) The maximum number of docks on a recreational beach lot is three. No dock shall be permitted on
any recreational beach lot unless the beach meets the following conditions:
a. Shoreline of at least 200 feet per dock; and
b. Area of at least 30,000 square feet for the first dock and additional 20,000 square feet for each
additional dock.
(8) No recreational beach lot dock shall exceed six feet in width, and no such dock shall exceed the
greater of 50 feet or the minimum straight -line distance necessary to reach a water depth of four feet. The
width (but not the length) of the cross -bar of any "T" or "L" shaped dock shall be included in the
computation of length described in the preceding sentence. The cross -bar of any such dock shall not
measure in excess of 25 feet in length.
(9) No dock shall encroach upon any dock set -back zone, provided, however, that the owner of any two
abutting lakeshore sites may erect one common dock within the dock setback zone appurtenant to the
abutting lakeshore sites, if the common dock is the only dock on the two lakeshore sites and if the dock
otherwise conforms with the provisions of this chapter.
(10) No sail boat mooring shall be permitted on any recreational beach lot unless it has at least 200 feet
of lake frontage. No more than one sailboat mooring shall be allowed for every 200 feet of lake frontage.
(11) For purposes of this subsection, the following terms shall mean those beach lots which are located
either within (urban) or outside (rural) the Year 2000 Metropolitan Urban Service Area boundary as
depicted in the comprehensive plan.
a. Urban recreational beach lot: At least 80 percent of the dwelling units, which have appurtenant
rights of access to any recreational beach lot, shall be located within 1,000 feet of the recreational
beach lot.
b. Rural recreational beach lot: A maximum of 50 dwelling units (including riparian lots) shall be
permitted appurtenant rights of access to the recreational beach lot. Upon extension of the
Metropolitan Urban Service boundary into the rural area, the urban recreational beach lot
standards will apply.
(12) All recreational beach lots may be used for swimming beach purposes, but only if swimming areas
are clearly delineated with marker buoys which conform to the United States Coast Guard standards.
(13) All recreational beach lots shall have a buffer sufficient to insulate other property owners from
beach lot activities. This buffer may consist of topography, streets, vegetation, distance (width or depth),
or other features or combinations of features which provide a buffer. To insure appropriate buffering, the
city may impose conditions to insulate beach lot activities including, but not limited to:
a. Increased side or front yard setbacks for beach areas, docks, racks or other allowed recreational
equipment or activities;
b. Hours of use;
c. Planting and maintenance of trees and shrubs;
d. Erection of fences;
e. Standards of maintenance including mowing and trimming; painting and upkeep of racks, docks
and other equipment; disposal of trash and debris;
f. Increased width, depth or area requirements based upon the intensity of the use proposed or the
number of dwellings having rights of access.
(14) To the extent feasible, the city may impose such conditions even after approval of the beach lot if
the city finds it necessary.
(15) Overnight docking, mooring, and storage of watercraft, where allowed, is restricted to watercraft
owned by the owner /occupant or renter /occupant of homes which have appurtenant right of access to the
recreational beach lot.
(16) The placement of docks, buoys, diving ramps, boat racks, and other structures shall be indicated on a
site plan approved by the city council.
(17) Portable chemical toilets may be allowed as a condition of approval of a recreational beach lot. The
maintenance and use of chemical toilets on some beach lots may be unsuitable because they cannot be
adequately screened from residential neighbors or lake users. Any use of chemical toilets on recreation
beach lots shall be subject to the following:
a. The minimum setback from the ordinary high water mark shall be 75 feet. Side and front yard
setbacks shall be maximized to achieve maximum screening from adjacent lots and the lake.
b. It may only be used Memorial Day to Labor Day and shall be removed from the lot during the rest
of the year.
c. It shall be securely anchored to the ground to prevent tipping.
d. It shall be screened from the lake and residential property with landscaping.
e. It shall be serviced at least weekly.
f. Only models designed to minimize the potential for spilling may be used.
g. Receipt of an annual license from the city's planning department. The license shall be issued unless
the conditions of approval of this ordinance have been violated. All license applications shall be
accompanied by the following information:
1. Name, address, and phone number of applicants.
2. Site plan showing proposed location of chemical toilets.
3. Name, address, and phone number of chemical toilet supplier.
4. Plan for commercially maintaining the chemical toilet, including a copy of any agreement for
maintenance, and the name, address, and phone number of person responsible for
maintenance.
5. A written description of how the applicant intends to screen the portable chemical toilet from
all views into the property, including views from the lake.
(18) No watercraft or boat lift shall be kept, moored, docked, or stored in the dock setback zone.
(19) Gazebos may be permitted on recreational beach lots subject to city council approval and the
following standards:
a. Minimum setback from the ordinary high water mark shall be 75 feet.
b. No gazebo shall be closer to any lot line than the minimum required yard setback for the zoning
district in which the structure is located.
c. Maximum size of the structure shall not exceed 250 square feet.
d. Maximum height shall not exceed 20 feet.
e. Gazebos shall make use of appropriate materials, colors, and architectural and landscape forms to
create a unified, high - quality design concept for the lot which is compatible with adjacent and
neighboring structures.
f. Gazebos shall be properly maintained. Structures which are rotted, unsafe, deteriorated or defaced
shall be repainted, repaired, removed, or replaced by the homeowners or beach lot association.
g. The following improvements are prohibited in gazebos; screening used to completely enclose a
wall, water and sewer service, fireplaces, and electricity.
(Ord. No. 377, § 26, 5- 24 -04)
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on
June 7, 2012, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota;
that on said date she caused to be mailed a copy of the attached notice of Public Hearing for
Lakeside Beachlot Conditional Use Permit Amendment Request — Planning Case 2006 -26
to the persons named on attached Exhibit "A ", by enclosing a copy of said notice in an envelope
addressed to such owner, and depositing the envelopes addressed to all such owners in the United
States mail with postage fully prepaid thereon; that the names and addresses of such owners were
those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and
by other appropriate records.
4 Ker J. Eng h dt, Depa Clerk
Subscribed and sworn to before me
this �4h day of 01- , 2012.
Notary Pub is
KIM T. MEUWISSEN
Notary Public- Minnesota
My commission Expires Jan 31, 2015
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Date & Time:
Tuesday, June 19, 2012 at 7:00 p.m. This hearing may not start
until later in the evening, depending on the order of the agenda.
Location:
City Hall Council Chambers, 7700 Market Blvd.
Request for Amendment to the Lakeside Beachlot Conditional
Proposal:
Use Permit 2006 -26 to permit construction of canoe racks on the
beachlot.
Applicant:
Lakeside Master Association
Property
Outlots I & J, Lakeside
Location:
A location map is on the reverse side of this notice.
The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood
about this project. During the meeting, the Chair will lead the
What Happens
Public hearing through the following steps:
at the Meeting:
' Staff will give an overview of the proposed project.
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses
the project.
If you want to see the plans before the meeting, please visit
the City's projects web page at:
www.ci.chanhassen.mn.us /lakeside If you wish to talk to
someone about this project, please contact Robert Generous
Questions &
by email at bgenerous(&-ci.chanhassen.mn.us or by phone at
Comments:
952- 227 -1131. If you choose to submit written comments, it is
helpful to have one copy to the department in advance of the
meeting. Staff will provide copies to the Commission. The
staff report for this item will be available online on the
project web site listed above the Thursday prior to the
Planning Commission meeting.
City Review Procedure:
• Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations,
Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the
Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the
application in writing. Any interested party is invited to attend the meeting.
• Staff prepares a report on the subject application that includes all pertinent information and a recommendation.
These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of
the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of
the hearing process. The Commission will close the public hearing and discuss the item and make a
recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning
Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the
City Council except rezonings and land use amendments from residential to commercial /industrial.
• Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant
waives this standard. Some applications due to their complexity may take several months to complete. Any
person wishing to follow an item through the process should check with the Planning Department regarding its
status and scheduling for the City Council meeting.
• A neighborhood spokesperson /representative is encouraged to provide a contact for the city. Often developers
are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the
project with any interested person(s).
• Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and
any correspondence regarding the application will be included in the report to the City Council. If you wish to have
something to be included in the report, please contact the Planning Staff person named on the notification.
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Date & Time:
Tuesday, June 19, 2012 at 7:00 P.M. This hearing may not start
until later in the evening, depending on the order of the agenda.
Location:
City Hall Council Chambers, 7700 Market Blvd.
Request for Amendment to the Lakeside Beachlot Conditional
Proposal:
Use Permit 2006 -26 to permit construction of canoe racks on the
beachlot.
A plicant:
Lakeside Master Association
Property
Outlots I & J, Lakeside
Location:
A location map is on the reverse side of this notice.
The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood
about this project. During the meeting, the Chair will lead the
What Happens
Public hearing through the following steps:
at the Meeting:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses
the project.
If you want to see the plans before the meeting, please visit
the City's projects web page at:
www.ci.chanhassen.mn.us /lakeside If you wish to talk to
someone about this project, please contact Robert Generous
Questions &
by email at bgenerous(cb-ci.chanhassen.mn.us or by phone at
Comments:
952- 227 -1131. If you choose to submit written comments, it is
helpful to have one copy to the department in advance of the
meeting. Staff will provide copies to the Commission. The
staff report for this item will be available online on the
project web site listed above the Thursday prior to the
Planning Commission meeting.
City Review Procedure:
• Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations,
Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the
Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the
application in writing. Any interested party is invited to attend the meeting.
• Staff prepares a report on the subject application that includes all pertinent information and a recommendation.
These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of
the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of
the hearing process. The Commission will close the public hearing and discuss the item and make a
recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning
Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the
City Council except rezonings and land use amendments from residential to commercial /industrial.
• Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant
waives this standard. Some applications due to their complexity may take several months to complete. Any
person wishing to follow an item through the process should check with the Planning Department regarding its
status and scheduling for the City Council meeting.
• A neighborhood spokesperson /representative is encouraged to provide a contact for the city. Often developers
are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the
project with any interested person(s).
• Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and
any correspondence regarding the application will be included in the report to the City Council. If you wish to have
something to be included in the report, please contact the Planning Staff person named on the notification.
CHARLES CUDD LLC DAVID & LORI FREE DEAN R BENSON
15050 23RD AVE N 5885 SEAMANS DR 6256 UPPER PKY N
PLYMOUTH, MN 55447 -4710 SHOREWOOD, MN 55331 -8989 WAUWATOSA, WI 53213 -2430
DONALD L & ESTHER EGGEBRECHT
138 LAKEVIEW RD E
CHANHASSEN, MN 55317 -7625
DOROTHYIKOCH
134 LAKEVIEW RD E
CHANHASSEN, MN 55317 -7605
GERALD D RANFRANZ
28 LAKE RILEY TRL
CHANHASSEN, MN 55317 -4541
GRACE B & MICHAEL J HAZZARD
130 LAKEVIEW RD
CHANHASSEN, MN 55317 -7625
HENRY W NORTON JR
12 RILEY RDG
CHANHASSEN, MN 55317 -5317
HIGHLANDS AT LAKESIDE OWNERS JAMES D KRUSE
A 14 RILEY RDG
7100 MADISON AVE W CHANHASSEN, MN 55317 -4520
GOLDEN VALLEY, MN 55427 -3602
JOEL A & KATHLEEN L AGRIMSON
8587 LAKE RILEY DR
CHANHASSEN, MN 55317 -4757
JOHN D & MELANIE L RINGSTROM
126 LAKEVIEW RD E
CHANHASSEN, MN 55317 -7625
LAKESIDE MASTER ASSOCIATION
7100 MADISON AVE W
GOLDEN VALLEY, MN 55427 -3602
PATRICIA A TRIPP
15800 HIGHLAND HEIGHTS DR
MINNETONKA, MN 55345 -5643
THE LIBERTY AT LAKESIDE
OWNERS
6109 BLUE CIRCLE DR
MINNETONKA, MN 55343 -9140
BEARPATH GOLF /COUNTRY CLB LP
18100 BEARPATH TR
EDEN PRAIRIE MN 55347
NANCY G EVENSEN
17683 BALLANTRAE CIR
EDEN PRAIRIE, MN 55347 -3435
REC INC
7500 W 78TH ST
EDINA, MN 55439 -2517
THOMAS W & JOANNE C CHAN
110 LAKEVIEW RD E
CHANHASSEN, MN 55317 -7625
BEARPATH GOLF /COUNTRY CLB LP
18100 BEARPATH TR
EDEN PRAIRIE MN 55347
HERITAGE ISLES AT LAKESIDE HOM
7500 W 78TH ST
MINNEAPOLIS, MN 55439 -2517
JODY L ROGERS
106 LAKEVIEW RD E
CHANHASSEN, MN 55317 -7625
JOHN R MEYERS
40 LAKE RILEY TRL
CHANHASSEN, MN 55317 -4541
NORTH BAY HOMEOWNERS ASSN
INC
2681 LONG LAKE RD
ROSEVILLE, MN 55113 -1128
THE LAKESIDE MASTER ASSN
7100 MADISON AVE W
GOLDEN VALLEY, MN 55427 -3602
CITY OF EDEN PRAIRIE
8080 MITCHELL RD
EDEN PRAIRIE MN 55344
SCOTT & HEIDI FREDERIKSEN
18626 BEARPATH TR
EDEN PRAIRIE MN 55347
DANIEL J MURPHY KENNETH M & VALERIE ROSS MARY JO & BRUCE E CARLSON
8964 ENGLISH TURN 8976 ENGLISH TURN 8988 ENGLISH TURN
EDEN PRAIRIE MN 55347 EDEN PRAIRIE MN 55347 EDEN PRAIRIE MN 55347
BEARPATH HOMEOWNERS ASCN
INC JOHN A BUSHEY RONALD E & VIRGINIA A LUND
C/O COMMUNITY DLVPT INC 9000 LAKE RILEY RD 9002 RILEY LAKE RD
7100 MADISON AVE W EDEN PRAIRIE MN 55347 EDEN PRAIRIE MN 55347
GOLDEN VALLEY MN 55427
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
JUNE 19, 2012
Chairman Aller called the meeting to order at 7:35 p.m.
MEMBERS PRESENT: Andrew Aller, Kathleen Thomas, Lisa Hokkanen, and Bill Colopoulos
MEMBERS ABSENT: Mark Undestad, Kim Tennyson, and Kelsey Nelson
STAFF PRESENT: Kate Aanenson, Community Development Director; and Bob Generous, Senior
Planner
Aller: We're starting the meeting a little late but let the record reflect that we have a quorum and we'll be
taking some matters out of order tonight.
PUBLIC HEARING:
LAKESIDE BEACHLOT: REQUEST FOR AMENDMENT TO CONDITIONAL USE PERMIT
2006 -26 TO PERMIT CONSTRUCTION OF CANOE RACKS ON PROPERTY ZONED
PLANNED UNIT DEVELOPMENT - RESIDENTIAL (PUD -R) LOCATED ON OUTLOTS I & J,
LAKESIDE. APPLICANT: LAKESIDE MASTER ASSOCIATION, PLANNING CASE 2006 -26.
Aller: Okay, the first item will be taken out of order. It is item number 2 and it is a request for an
amendment to Lakeside Beachlot Conditional Use Permit.
Generous: Thank you Mr. Chairman. Commissioners. As you stated this is an amendment to the
Conditional Use Permit for a beachlot at the Lakeside development. It's Planning Case 2006 -26. The
public hearing is being held tonight, the 19` and this is being turned around for council next Monday.
The property in question is located on Lyman Boulevard on the north side of Lake Riley. The
development immediately to the north of that is the Lakeside development and just to the northwest of
that is the North Bay development in Chanhassen. The property to the east of this is in the City of Eden
Prairie and that's the Bearpath golf course that you can see to the northeast. In 2006 when this project
came forward they did a conditional use permit for the beachlot but they didn't include any canoe racks or
non- motorized racks for the development. Now they want to come in and put those in and they're trying
to expedite that process. The conditional use permit standards for beachlots allows up to 4 racks and with
up to 6 canoes or other non - motorized watercraft on it. They originally came in for only specifying 2 but
as part of this approval, because there are so many homes that may be in that association that we allow
them to do up to the 4 over time as they develop so. Here's the original plan. They've just shown in this
little area to the northeast of the totlot area that they want to be able to put canoe racks in. Very simple
construction. It's cross beams with wood. Maximum height of about 5 feet I think so they don't have to
lift them very far. Actually the construction of these will not require a building permit from the City
because there's no standards involved with that. That is the extent of the proposed amendment right now.
Staff is recommending approval of the amendment for the beachlot to permit canoe racks subject to the
original conditions of approval for the beachlot. And here's the motion for you. With that I'd be happy
to answer any questions.
Aller: Who will be maintaining them?
Generous: The Lakeside Homeowners Association. It's a master association I believe. It covers the
entire development and then there's sub - associations in there but they're all part of this association which
has the beachlot and the club house within the development.
Aller: I have no other questions. Anyone else have any questions, comments? Thank you Bob. Would
the applicant like to come up and say anything? State your name and address for the record.
Gary Roethle: Hi. Gary Roethle from 8776 Lake Riley Drive, Chanhassen.
Aller: Thank you Mr. Roethle.
Gary Roethle: I'm President of the Highlands Homeowners Association and on the board of the master.
We've gotten approval from the master board to do this. We've also been accounted for making sure we
had an insurance rider, just so you're aware, to our lakefront property to make sure in case there were any
injuries or whatever that that coverage is there and it's the people who are paying, doing the work to build
it that are going to be responsible for the maintenance and whatever, and as Bob Generous mentioned, the
verbiage in the original submittal included statements of the boat racks but they never put them in the
drawings so we have a group of enthusiasts currently and then another half a dozen so I'm glad you took
it to 4, who wanted future access to putting kayaks or canoes up there so we'd like to do that and get it in
so we can enjoy the summer on the lake.
Aller: Thank you. I have no questions. Anyone?
Thomas: No, no questions.
Aller: It looks great, thank you very much. With that I'll open the public hearing for comment. Anyone
wishing to step forward and discuss the request can do so. State your name and address for the record.
Seeing no one come forward I'm going to close the public hearing. Any need for discussion? Questions?
I'll take a motion.
Colopoulos: I'd like to move that the Planning Commission recommends the City Council approve
Conditional Use Permit application 2006 -26 amendment to permit the construction of up to four non -
motorized watercraft racks at the Lakeside recreational beachlot subject to the existing conditions of
approval.
Aller: I have a motion. Do I have a second?
Thomas: Second.
Aller: Having a motion and a second, any discussion?
Colopoulos moved, Thomas seconded that the Planning Commission recommends the City Council
approve Conditional Use Permit 2006 -26 amendment to permit the construction of up to four non -
motorized watercraft racks at the Lakeside recreational beachlot subject to the existing conditions
of approval. All voted in favor and the motion carried unanimously with a vote of 4 to 0.
Aller: Motion carries and please note again this will be before the City Council on June 25` which is
Monday.
Generous: Clarification Mr. Chairman. Was that motion to also adopt the attached Findings of Fact and
Recommendation?
Colopoulos: I'll make that motion to the attached Findings of Fact and Recommendation, development
review application and racks schematic Section 20 -266 of the Chanhassen City Code and public hearing
notice.
Aller: Can I have a second to that for motion for amendment.
Thomas: Yeah, motion to amend.
Colopoulos moved, Thomas seconded that the Planning Commission recommends the City Council
approve Conditional Use Permit 2006 -26 amendment to permit the construction of up to four non -
motorized watercraft racks at the Lakeside recreational beachlot subject to the existing conditions
of approval and adoption of the Findings of Fact and Recommendation. All voted in favor and the
motion carried unanimously with a vote of 4 to 0.
Aller: Passes formally.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
CONDITIONAL USE PERMIT #2006 -26
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby amends and grants a conditional use permit for the following use: a recreational beachlot
with a Variance from the requirement that 80 percent of the units be within 1,000 feet of the
recreational beachlot, plans prepared by Pioneer Engineering, dated May 19, 2006, revised June 7,
2006 with the addition of the construction of up to four non - motorized watercraft racks.
2. Property. The permit is for property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described as follows: Outlots I and J, Lakeside.
3. Conditions. The permit is issued for a recreational beachlot for the Lakeside
development, with the following conditions:
a. A conditional use permit (CUP) shall be obtained from the City prior to the operation
of a recreational beachlot.
b. The plans shall be revised to depict the OHW of Lake Riley, which is 865.3. All
structures shall be located a minimum of 75 feet from the OHW. The proposed fire
pit shall be located a minimum of 75 feet from the OHW and shall be buffered from
the lake by vegetation. No grading or intensive clearing of vegetation shall occur
within the shore impact zone (all areas within 37.5 feet of the OHW).
c. The area of Outlot B shall be recalculated to include only the area within the outlot
above the OHW. The amount of shoreline for Outlot B shall be calculated along the
OHW. The number of docks and slips permitted by the conditional use permit for the
beachlot shall not exceed the number of docks and slips allowable by City Code for
the actual beachlot area and frontage.
d. All existing amenities and /or structures (including any docks, existing beach that is
not proposed to remain and the boat launch) on Outlot B, North Bay shall be
removed. A boat launch is not permitted.
e. The applicant shall work with staff on the design of and materials for proposed path
from Lyman Boulevard to the dock to minimize the impacts of runoff from the path to
the shoreline and Lake Riley.
f. The proposed walking path along the shoreline shall be made of a pervious surface
such as mulch, crushed rock or turf grass and shall not be located below the OHW.
Special attention shall be paid to ensure that the path materials are not prone to
erosion. The plans shall be revised to show the woodland gardens above the OHW of
Lake Riley.
g. An individual permit shall be obtained from the DNR for any beach sand applications
that do not meet the DNR standards for sand blanket applications without an
individual permit.
h. One beach area shall be permitted to minimize impacts to the lake and to adjacent
residents.
i. The applicant shall work with staff on the placement of the beachlot infrastructure to
preserve as many of the existing trees in that area as possible. A survey of the area
with the tree locations will be required and used to facilitate tree preservation. The
applicant shall also work with staff on the location of the woodland path and
woodland gardens along the path.
4. Termination of Permit. The City may revoke the permit following a public hearing for
violation of the terms of this permit.
5. Lapse. If within one year of the issuance of this permit the authorized construction has
not been substantially completed or the use commenced, this permit shall lapse, unless an extension
is granted in accordance with the Chanhassen Zoning Ordinance.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
Dated: June 25, 2012
2
CITY OF CHANHASSEN
alm
Tom Furlong, Mayor
(SEAL)
AND:
Todd Gerhardt, City Manager
STATE OF MINNESOTA )
(ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of , 2012, by
Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
P. O. Box 147
7700 Market Boulevard
Chanhassen, MN 55317
(952) 227 -1100