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1e WetlandAltPermit2003-3 RoepkMEMORANDUM CITYOF CHANHASSEN 7700 Narket Boulevard PO [}ox 147 Cr~anhassen, &,/1N 55317 Administration Fax 952 227 1110 Building Inspections Engineering P~/one ~}52 227 ~160 Fax 952 2271170 Finance Park & Recreation Fax: 9522271110 Bec ea'dou Center 2310 Oou ter Boulevard Phone: 902 2271400 Fax: 952227 1404 Planning 8, Natural Resources F,~x 9522?71110 Public Works 1591 Park Road P!or~' 952 22/1300 Fax: 9522271310 Senior Center !lcri:' 952 227 1125 F~x 952 2271110 Web Site .',,;/, ~ ?larhaesel F~rils TO: FROM: DATE: SUB J: Todd Gerhardt, City Manager Lori Haak, Water Resources Coordinator ~/ December 3, 2003 Wetland Alteration Permit 2003-3: Roepke Dock EXECUTIVE SUMMARY The applicant is proposing the installation of a boardwalk from the rear portion of 6735 Lakeway Drive and across a wetland to provide permanent access to Lake Lucy. A permanent floating dock will extend lakeward from the boardwalk to provide boat access by way of a dock. ACTION REQUIRED City Council approval requires a majority vote of City Council present. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on December 2, 2003 to review the proposal. The Planning Commission voted 3 to 1 to recommend approval of the Wetland Alteration Permit. The verbatim minutes are attached. There was some discussion regarding Section 6-26 (b) of the City Code. The Planning Commission requested staff clarify the language in this section. Staff interpretation is that a dock may be extended as far as necessary to have 4 feet of water beneath the dock (which may be in excess of 50 feet in lakes with marshy bottoms). However, if 4 feet of water is reached within the first 50 feet, the dock cannot be longer than 50 feet. This interpretation is consistent with the City Attorney's interpretation. RECOMMENDATION Staff recommends adoption of the motion approving Wetland Alteration Permit 2003-3 as specified in the staff report dated December 2, 2003. ATTACHMENTS 1. Planning Commission Staff Report Dated December 2, 2003 2. Planning Commission Minutes Dated December 2, 2003 3. Chanhassen City Code Section 6-26 The City of Chanhassen · ~ ?,¢,i g c:,rn~u ~I'/¢,ith c,earl !ak, s? q!ah s;r;,5 d: )'ii : ' CITY OF CHANHASSEN PC DATE: December 2, 2003 ~ CC DATE: December 8, 2004 REVIEW DEADLINE: January 5, 2004 CASE #: WAP 2003-3 BY: LH STAFF REPORT Z < PROPOSAL: LOCATION: APPLICANT: Wetland Alteration Permit for Placement of a Dock 6735 Lakeway Drive (Lot 6, Block 2 - Whitetail Cove) Anthony Roepke 6735 Lakeway Drive Chanhassen, MN 55317 PRESENT ZONING: 2020 LAND USE PLAN: ACREAGE: 2.3 acres RSF - Single Family Residential District Residential Low Density DENSITY: 1.2-4 units/acre Net SUMMARY OF REQUEST: Installation of a boardwalk across a wetland to Lake Lucy. Boardwalk will be permanent to minimize impacts to wetland. Notice of this public hearing has been mailed to all property owners within 500 feet and all lakeshore property owners. I,,I IJ IL. LAKE LUCY Roepke Dock WAP December 2, 2003 Page 2 of 4 PROPOSAL SUMMARY The applicant is proposing the installation of a boardwalk from the rear portion of 6735 Lakeway Drive and across a wetland to provide permanent access to Lake Lucy. A permanent floating dock will extend lakeward from the boardwalk to provide boat access by way of a dock. APPLICABLE REGUATIONS Sec. 20-404. No net loss. To achieve no net loss of wetland, except as provided under section 20416 of this article, or authorized by a wetland alteration permit issued by the city, a person may not drain, grade, fill, burn, remove healthy native vegetation, or otherwise alter or destroy a wetland of any size or type. Any alteration to a wetland, permitted by a wetland alteration permit must be fully mitigated so that there is no net loss of wetlands. Sec. 20-405. Standards. The following standards apply to all lands within and abutting a wetland: (3) Docks or walkways shall be elevated six (6) to eight (8) inches above the ordinary high water mark or six (6) to eight (8) inches above the ground level, whichever is greater. (4) Access across a wetland shall be by means of a boardwalk and only upon approval of a wetland alteration permit. Roepke Dock WAP December 2, 2003 Page 3 of 4 Sec. 20-407. Wetland alteration. (a) An applicant for a wetland alteration permit shall adhere to the following principles in descending order of priority: (1) Avoiding the direct or indirect impact of the activity that may destroy or diminish the wetland; (2) Minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation. Sec. 20-408. Permit required. Drainage, grading, filling, removal of healthy native vegetation, or otherwise altering or destroying a wetland of any size or type requires a wetland alteration permit. Activity in a wetland requiring a wetland alteration permit includes, but is not limited to: (3) Installation of boardwalks. BACKGROUND The applicant contacted the City during May 2003 regarding the placement of docks/boardwalks on the subject property. Since then, it has been determined that the existing dock on the property does not meet the required setback from the side lot line (10 feet). The applicant plans to remove the existing dock and has applied for a wetland alteration permit in order to install a boardwalk/dock across the wetland that would meet the required setbacks. The wetland along the south edge of the property is adjacent to Lake Lucy. It is classified by the City's Surface Water Management Plan (SWMP) as a natural wetland. The wetland is dominated by cattails. ANALYSIS Posts and pilings for projects typically built on pilings (such as docks and boathouses) are not classified as fill under the Minnesota Wetland Conservation Act (Attachment 4). The applicant has minimized wetland impacts by proposing a permanent structure across the wetland. This will eliminate the need for crossing the wetland annually to install the dock/boardwalk. Roepke Dock WAP December 2, 2003 Page 4 of 4 FINDINGS Permanent structures that minimize or avoid wetland impacts are encouraged where wetland crossings are necessary. Boardwalks are intended to be permanent structures that provide access across wetland areas. The boardwalk should be installed across the wetland as a permanent structure and a dock should extend from the boardwalk into Lake Lucy to provide docking for watercraft. This is consistent with what is proposed by the applicant. The rear portion of the lot at 6735 Lakeway Drive is encumbered by a drainage and utility easement. An encroachment agreement is necessary for the installation of the boardwalk across the easement. The dock setback zone is defined in Section 6-1 of the City Code as "the area inside and running parallel to and ten (10) feet from the extended lot lines of a lot abutting a lake." The dock should be located outside of the dock setback zone. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission recommends approval of Wetland Alteration Permit #2003- 3 for a boardwalk across the wetland at 6735 Lakeway Drive subject to the following conditions: The boardwalk shall be installed across the wetland as a permanent structure and a dock shall extend from the boardwalk into Lake Lucy to provide docking for watercraft; 2. The applicant shall enter into an encroachment agreement with the City for the installation of the boardwalk across the drainage and utility easement; and 3. The dock shall be located outside of the dock setback zone." ATTACHMENTS 1. Application received November 6, 2003 2. Referral dated November 7, 2003 3. Notice of Public Heating, Chanhassen Villager 4. Notice of Public Hearing, Mailed 5. Affidavit of Mailing Notice dated November 17, 2003 6. Aerial photograph of Roepke property 7. Excerpt from Minnesota Wetland Conservation Act (MR 8420.0110) 8. Surveyors Certificate showing proposed dock CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952) 227-1100 TELEPHONE'(Day time) C~--~__/7--~7-~ -- ~-~ ~ TELEPHONE: __ Comprehensive Plan Amendment Conditional Use Permit Interim Use Permit Non-conforming Use Permit Planned Unit Development* __ Rezoning Sign Permits , Sign Plan :Review Site Plan Review* Subdivision* __ Temporary Sales Permit Vacation of ROW/Easements Variance ., ~v~ , Wetland Alteration Permit Zoning Appeal Zoning Ordinance Amendment __ Notification Sign X Escr~;)w4er Filing Fees/Attorney Cost** ({$50_..C,)JP /SPRN A CN AR/W AP /Metes an-h-d Bounds, $400 Miner SUB) TOTAL FEE $ ~'~ ' ~ A list of all property owners within 500 feet of the boundaries of the property must be included with the application. ;Building .material samples must be submitted with site plan reviews. *Twenty-six full size folded copies of the plans must be submitted, including an 8~" X 11" reduced copy fOr each plan Sheet. ** Escrow will be required for other applications through the development contract NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME LOCATION WETLANDS PRESENT ~" YES PRESENT ZONING ~---.~ '~ NO REQUESTED ZONING PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST A (..(_. ¢,~ ~ 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 ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or pumhase 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. The city he)~y notifies the applicant that development review cannot be completed within 60 days due to public hearing requireme~tsj/and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension/fq'r developm.¢% review. Development review shall be completed within 120 days unless additional review extens/s/re~appm~b tie applicant. . ~~ant / - -,Date- -'-r'-- Signature of Fee Owner Date Application Receivedon ~!/-7/0.~ FeePaid ~ ReceiptNo. 5'7_.0 The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. :If not contacted, a copy of the report will be mailed to the applicant'S address. ~W-O2Z20-0Z LOCAl.- STATE- FEDERAL WATER RESOURCE PROJECT NOTIFICATION I APPUCATION FORM U,. thie form to notify/·pply to the U.S. Army Coq), of Engineer., the IVlinneeota Department of N·tund Reeourcee, and your Loom Government Unit of · proposed water/wetland project or work which may fall within Mr judediotion. Those ·ge.else .hould advise you of their jurisdiction or permit requir"mente within 45'day~. Some LGU'e mm/dad require sub. lesion of their own application form~. RII cut thi. form completely ·nd mail · copy, with plane, maps, etc. to each of the ·gene. lee Ii.ted on the rever.o of the form. Keep · copy for your record.. YOU MUST OBTAIN ALL REQUIRED AUTHORIZATIONS BEFORE BEGINNING WORK. AGENCy US~ ONLY: LQU NUMBER: ~ MDNR NUMBER: CORPS NUMBER: I. ~lio·nt'. Name (La.t. Jqr.t. M.I.}/' "~ Authorized Agent. if any h Addre.. (~tree,. RFD/. Box Number, Oj.ty.(St·te. Z~p Code) /~ . " II. Location of proposed project (atte~ch drawina showing how t~ get to'site) I COUNTY OUARTER ~ECTION(,) SECTIONS(s) No. TOWNSHIP(s) No. FIRE No., BOX No., OR PROJECT ADDRESS Are· Code. Telephone Lot, Block, Subdivision RANGE(e) No I~AMI~ OF WATERBODY AFFECTED ·nd ~UMBI~I~ (IF KNOWN) III. IV. ESTIMATED PROJECT COST: $ ~, i ~ VOLUME OF FILL OR EXCAVATION (Cubic Yard,): AREA FILLED OR EXCAVATED IS LENGTH OF SHORE AFFECTED (in feet): f~ i (NOTE: You may subsEtute dimensions) Acre., OR Square Feet V. TYPE OF WORK AND AREA (CHECK ALL THAT APPLY): I-I ACCESS PATH I-1 ~ CI CULVERT [] DAM CI CONSTRUCT [] p.R. AIN CI EXCAVATE ~' DOCX [] RUaRAP [] SANDeLANr, ET [] FILlr [] ~[EMOV~ [] REPAIR a~LAKE [] ,SHORELINE I-I ,WATERWAY .~ ,WETLAND. OTHER (DESCRIBE):. WETLAND TYPE(S) AND ACREAGE(S) PROPOSED TO BE FILLED/DRAINED: Attach applicable drawings, plane, end ASCS crop photo.. Include I description of any proposed compensatory mitigation. Important: Identify pny disposal end borrow preee~ De.cribs the work below: how it would be done; what equipment would be used. VI. PROJECT PURPOSE (why is th,, project needed-what benefits will it provide?): VII. ALTERNATIVES (describe any other site, or methods that could be used to achieve the purpo,e of your project while avoiding or minimizing wetland/water impacts: Attach additional sheets, if needed). VIII. DATES: Proposed start of activity: /~-/t~'~ (Identify any completed work on an attached drawing) Propoeed completion: IX. ADJOINING PROPERTY OWNERS (Attach list if more than two) I X. PERMITS have been reoeiv~ (enter an ~) or ~r"~y ~)li~ for (enter In ~ ~ D~... ~ C~' ~ ~ .,, C~ T~/C~ WA~ D~m~ MN P~ C~ Has on archaeological survey of the project site been done? If .o, by whom: hereby notify the)~::~ients of Itds form of the project propceed horein end request that I be advised of any permits or o~er determination" concerning thle p)~Je~ that I mu~4~bt~li~. I under, tine thet proceeding with wc~ before el required euthorlzation~ me obtained may .ubJect me to Faders"' S77 I/~calT/;ve' ctvtl and/or c~iminel peneltlee' ~/~.."~71~ DATE: / / Signature (~ Per"~'n P-roposi/g~roject or Agent ! < < < PLEASE CAREFULLY READ AND COMPLE ii t: BACK OF FORM · > > INSTRUCTIONS-PLEASE READ CAREFULLY A copy of this form, with copies of all plans, drawings, etc., should be sent to each agency indicated below. Please check appropriate spaces below to show everywhere you are sending this form. Remember to keep a copy for your records. LocAL GOVB~IMEN~ UNIT (LGU): city, county, or watershed management organization. Specify the LGU to which you are sending .the form: The local Sol[ AND WATER CONSERVATION DISTRICT (SWCD) for the project. Specify the county SWCD: WA?E~SHEI3 D~-rRICT (if one exists for the project area). Specify the Watershed District: MINNESOTA DEPAKrMENT OF NATURAL RESOURCES (MDNR) regional office U.S. ARMY CORPS OF ENGINE]RS {ACOE). Send the ACOE copy to: Department of the Army, Corps of Engineers, St. Paul District, ATTN: CO-R, 190 Fifth Street East, St. Paul, MN 55101-1638 Note: The above agencies may provide a copy of your completed form to the Minnesota Pollution Control Agency (MPCA). MPCA water quality rules may apply to your proposed project. ATTENTION (FROM USDA): Any activity Including drainage, dredging, filling, leveling or other manipulations, Including maintenance, may affect a lenduse~'s eligibility for USDA benefits undor the 1985 Food Security Act as amended. Chec~ with your local USDA office to request and complete Form AD-1026 prior to Initiating activity. IMPORTANT: Some agencies, including the Corps of Engineers and the MDNR accept this form as a permit application form. If you wish this form to constitute an application to the Corps and/or MDNR for any necessary permits for your project please carefully read the following information and sign where indicated. XIIIXIIIIIXXXIIXIIIIIIXIIIIIIXIIXXXIIIXXIIXIXXXIXXIXXXXXIXLIXXXX Application/~s hereby made for a permit or permits to authorize the activities described herein. I certify that I am familiar with the inforn~ion co~l;~ned in this application, and that to the best of my knowledge and belief such information is true, complet¥~n~l accurate. I further certify that I possess the authority to undertake the proposed activities or I am acting as the du~~t~ge'nt/of the applicant. / / //~'/Si pplicant ~e Signature of Agent ~ Note: The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the information requested below is provided. Agent's Name and title: Agent's address: Agent's telephone: (.~.) 18 U.S.C. Section 1001 providee that: Whoever, in any manner within the juriedi~§on'of any'd;~rtment or agency of The United Statee knowingly and willfully faleifiee, conceele, or cover~ up by any trick, echeme, or device I materiel fact or mekee any relic, fictitoue or fraudulent etatemente or repreeentatone or makee or usee any false writing or document knowing same to contain any falee, ficttoue, or fraudulent statement or entry, cheil be fined not more than $10,000 or imprieoned not more than five yearn, or both. ~EE ATTACHMENT ABOUT MDNR PERMIT FEE~ Dock would be approximately 100' long from shoreline to get past the reeds. (This would be cedar wood) The dock would continue approximately 50'long or as required to get past the Lilly pads. (This would be floating and made of aluminum) The entire dock structure would be permanent. City of Chanhassen 7700 Market Blvd., P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 Date: November 7, 2003 To: Development Plan Referral Agencies From: Planning Department By: Loft Haak Subject: Request for a wetland alteration permit for the construction of a permanent boardwalk/dock on a single family home on property zoned RSF located in at 6735 Lakeway Drive, Anthony Roepke. Planning Case: WAP 2003-3 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on November 6, 2003 60 day review period January 5, 2004. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on Tuesday, December 2, 2003 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than November 19, 2003. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator 3. Soil Conservation Service 4. MN Dept. of Transportation 5. U.S. Army Corps of Engineers atural Resource~s 8. Telephone Company (US West or Sprint) 9. Electric Company (NSP or MN Valley) 10. Mediacom Cable System 11. U. S. Fish and Wildlife 12. Carver County a. Engineer b. Environmental Services ~er SWCD~'-~ BANEI CLOVER .:LN E LANE E LANE CRT 16 SNAPDRAGON OR !ree\ NOTICE OF PUBLIC HEARING PROPOSED WETLAND ALTERATION PERMIT, WAP 2003-03 CITY OF CHANHASSEN NOTICE IS H2EREBY GIVEN that the Chanhassen Planning Commission will hold a public heating on Tuesday, December 2, 2003, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this heating is to consider the Wetland Alteration Permit application of Anthony Roepke, 6735 Lakeway Drive, for the placement of a dock. A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public heating and express their opinions with respect to this proposal. Lori Haak, Water Resources Coordinator Phone: 952-227-1135 (Publish in the Chanhassen Villager on November 20, 2003) NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, DECEMBER 2, 2003 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. PROPOSAL: Wetland Alteration Permit for the construction of a permanent boardwalk/dock on property zoned RSF APPLICANT: Anthony Roepke 6735 Lakeway Drive NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Anthony Roepke, is requesting a Wetland Alteration Permit to allow the construction of a permanent boardwalk/dock on property zoned RSF located at 6735 Lakeway Drive. What Happens at the Meeting: 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 public hearing through the following steps: 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. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. (City Hall will be closed on Thursday, November 27 and Friday, November 28.) If you wish to talk to someone about this project, please contact Lori Haak at 952-227-1135 or e-mail Ihaak@ci.chanhassen.mn.us. 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. Notice of this public hearing has been published in the Chanhassen Villager on November 20, 2003. Lake Lucy City Review Procedure Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments, 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. This report 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 notificatiom g:\plan~forms~review procedure ALAN ROBERT & MARY E WEINGART 1685 STELLER CT EXCELSIOR MN 55331-9080 BONNIE S MCCOSKEY 6720 POINTE LAKE LUCY CHANHASSEN MN 55317-8434 BRIAN J WARPINSKI & KELLY A CYSKIEWICZ 4936 DUPONT AVE S MINNEAPOLIS MN 55409-2328 BRIAN R & JENNIFER B JOHNSON 6639 LAKEWAY DR CHANHASSEN MN 55317-7578 CARL III & DAYNA M BERGQUIST 6670 POINTE LAKE LUCY CHANHASSEN MN 55317-8433 DALE E & GLORIA J CARLSON 6900 UTICA LN CHANHASSEN MN 55317-9201 DENALI CUSTOM HOMES 2600 CHRISTIAN CT CHASKA MN 55318-1991 DENNIS E & SUSAN J SCHEPPMANN TRUSTEES OF TRUST 6740 LAKEWAY DR CHANHASSEN MN 55317-7579 DONALD J & NANCY L GIACCHETTI 6679 LAKEWAY DR CHANHASSEN MN 55317-7578 EDWIN & CORREEN G NEWINSKI 6930 UTICA LN CHANHASSEN MN 55317-9201 ERIC MICHAEL RIVKIN 1695 STELLER CT EXCELSIOR MN 55331-9080 GERALD F HOFFMANN 6830 UTICA TER CHANHASSEN MN 55317-9557 HEIDI J CARISCH 7000 UTICA LN CHANHASSEN MN 55317-9214 JACK J & KATHRYN K RANDALL 1571 LAKE LUCY RD EXCELSIOR MN 55331-9022 JAMES & CLAUDETTE G SCHLUCK 6800 UTICA TER CHANHASSEN MN 55317-9557 JAMES H & GWEN M WILDERMUTH 6672 LAKEWAY DR CHANHASSEN MN 55317-7578 JEFFREY T DAHL & PATRICIA J CHAPMAN 6675 LAKEWAY DR CHANHASSEN MN 55317-7578 JOHN B & CAROL C GOODMAN 6686 POINTE LAKE LUCY CHANHASSEN MN 55317-8433 JOSEPH J & D GAYLE MORIN 1441 LAKE LUCY RD CHANHASSEN MN 55317-8405 KRIS E & LISA T BERGLY 6687 LAKEWAY CT CHANHASSEN MN 55317-7578 LAWRENCE H & NANCY S MCDOWELL 6663 LAKEWAY DR CHANHASSEN MN 55317-7578 LOSCHEIDER CUSTOM HOMES INC 1607 FLORIDA AVE N GOLDEN VALLEY MN 55427-4205 MATTHEW L & SUZANNE C WOODS 6745 LAKEWAY DR CHANHASSEN MN 55317-7579 MAX C & JAN M GLENN 6712 LAKEWAY DR CHANHASSEN MN 55317~7579 MICHAEL KRAUSE & KRESSIN KRAUSE 7050 UTICA LN CHANHASSEN MN 55317-9214 NOECKER DEVELOPMENT LLC 8315 PLEASANT VIEW DR MOUNDS VIEW MN 55112-6139 PATRICK A MOHR & MAUREEN D LORD MOHR 6890 UTICA TER CHANHASSEN MN 55317-9557 PRINCE R NELSON 7801 AUDUBON RD CHANHASSEN MN 55317-8201 RICHARD W DENMAN & LINDA PETERSON DENMAN 6656 POINTE LAKE LUCY CHANHASSEN MN 55317-8433 ROCKFORD R WALDIN JUDY M CHRISTENSEN 7100 UTICA LN CHANHASSEN MN 55317-9528 ROGER M & E ELAINE SAMPSON 6710 POINTE LAKE LUCY CHANHASSEN MN 55317-8434 RONALD C & MARY ELLEN KNUDTEN 6850 UTICA TER CHANHASSEN MN 55317-9557 SCOTT E & TAMARA G SATHER 7090 UTICA LN CHANHASSEN MN 55317-9214 STATE OF MINNESOTA IN TRUST CIO AUDITOR - DNR WITHHELD 600 4TH ST E CHASKA MN 55318-2184 THOMAS A & JEAN B HOGHAUG 7140 DERBY DR CHANHASSEN MN 55317-9288 WILLIAM B & PATRICIA C WARD 6960 UTICA LN CHANHASSEN MN 55317-9201 WILLIAM D LAMBRECHT & JOANNE M LAMBRECHT 6990 UTICA LN CHANHASSEN MN 55317-9201 6735 Lakeway Drive Lake Hardson Lake Lucy Lake Ann 6 CONE FLOWER CRV S 7 BLUEBONNET BLVD 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 November 17, 2003, 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 A Wetland Alteration Permit for the construction of a permanent boardwalk/dock on property zoned RSF, 6735 Lakeway Drive 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. Subscribed and sworn to before me this __ day of ,2003. Notary Public g :\eng~forms\affidavit.doc 1 Subp. 12. Day. "Day" means a calendar day unless 2 specified otherwise. The day of the event shall not be used in 3 counting any time period. 4 Subp. 13. ReDealed, 22 SR 1877 5 Subp. 13a. Degraded wetland. "Degraded wetland" means a 6 wetland that provides minimal wetland function and value due to 7 human activities such as drainage, diversion of watershed, 8 filling, excavating, pollutant runoff, and vegetative or 9 adjacent upland manipulation. 10 Subp. 14. Ditch. "Ditch" means an open channel to conduct 11 the flow of water, as defined in Minnesota Statutes, section 12 103E.005, subdivision 8. 13 Subp. 15. Drain or drainage. "Drain" or "drainage" means 14 any method for removing or diverting waters from wetlands. The 15 methods shall include, but are not limited to, excavation of an 16 open ditch, installation of subsurface drainage tile, filling, 17 diking, or pumping. 18 Subp. 16. Drainage system. "Drainage system" means a 19 system of ditch or tile, or both, to drain property, including 20 laterals, improvements, and improvements of outlets. 21 Subp. 17. Excavation. "Excavation" means the displacement 22 or removal of substrate, sediment, or other materials by any 23 method. 24 Subp. 18. Fill. "Fill" means any solid material added to 25 or redeposited in a wetland that would alter its cross-section 26 or hydrological characteristics, obstruct flow patterns, change 27 the wetland boundary, or convert the wetland to a nonwetland. 28 It does not include posts and pilings for linear projects such 29 as bridges, elevated walkways, or powerline structures, or 30 structures traditionally built on pilings such as docks and 31 boathouses. 1 It ~oes include posts an~ ~lif~§"that result i~ 32 bringing the wetland into a nonaquatic use or significantly 33 altering the wetland's functions and values, such as the 34 construction of office and industrial developments, parking 35 structures, restaurants, stores, hotels, housing projects, and 36 similar structures. It does not include slash or woody 37 vegetation, if the slash or woody vegetation originated from 38 vegetation growing in the wetland and does not impair the flow 39 or circulation of water or the reach of the wetland. 40 Subp. 18a. 50 to 80 percent area. "50 to 80 percent area" 41 means a county or watershed with at least 50 percent but less 42 than 80 percent of the presettlement wetland acreage intact. 43 Subp. 19. Floodplain wetland. "Floodplain wetland" means 44 a wetland located in the floodplain of a watercourse, with no 45 well defined inlets or outlets, including tile systems, ditches, 46 or natural watercourses. This may include the floodplain itself 47 when it exhibits wetland characteristics. 48 Subp. 20. Flow-through wetland. "Flow-through wetland" 49 means a wetland with both a well defined outlet and one or more 50 well defined inlets, including tile systems, ditches, or natural 51 watercourses. 52 Subp. 20a. Greater than 80 percent area. "Greater than 80 53 percent area" means a county or watershed where 80 percent or 54 more of the presettlement wetland acreage is intact and: 55 A. ten percent or more of the current total land area 56 is wetland; or 57 B. 50 percent or more of the current total land area 58 is state or federal land. 59 Subp. 20b. Hayland. "Hayland" means an area that was 60 mechanically harvested or that was planted with annually seeded 61 crops in a crop rotation seeded to grasses or legumes in six of 62 the last ten years. 63 Subp. 21. Hydric soils. "Hydric soils" means soils that .LOT SURVEYS COMPANY, INC. LAND SURVEYORS ' REGISTERED UNDER-THE LAWS OF STATE OF MINNESOTA Established in 1962 7601 73rd Avenue North Minneapolis, Minnesota 55428 Phone No. 763-560-3093 Fax No 763-560-3093 ~urur~I-ors (llrrtifirtltr 305.19 INVOICE NO. .64361 ~.8,NO. 914-16 SCAL[: 1'* = BO' ,..-. k:'"?::-::I ?~ '"'" ' ' ' ,,~ ':,,~ ! ..' -,, ;;XOTEtEowest fl'oor elevation is.below :~ ( -~'%':.~ '~"~ ' ' ~e~o~ended e.le~/tton-io gravity C'}"~ ?';~ ,' , .'"::' , . . -- ' ........ Planning Commission Meeting - December 2, 2003 PUBLIC HEARING: REQUEST FOR A WETLAND ALTERATION PERMIT #2003-3 FOR THE PLACEMENT OF A DOCK; 6735 LAKEWAY DRIVEl ANTHONY ROEPKE. Public Present: Name Address A1-Jaff: 50 feet. Anthony Roepke 6735 Lakeway Drive Joe Morin 1441 Lake Lucy Road Sharmeen AI-Jaff presented the staff report on this item. Feik: Questions for staff. Papke: Yeah, it wasn't clear from the drawing exactly where the permanent structure is and where the dock is. All I have on my drawing is a penciled drawn arrow proceeding south from the property. A1-Jaff: Maybe that is a question for the applicant to answer. Papke: Okay. Do we require specific placement on a drawing of such a structure or do they just need to locate it within a certain area? A1-Jaff: They need to locate it within 10 feet of the property line. Papke: Okay, so we don't require them to specify exactly. Al-Jarl: Correct. Papke: How about start, beginning and end, or ending point of the permanent structure, do they need to specify where it begins on the drawing here? How far back in it's positioned within the property line. A1-Jaff: You mean on the site, on the parcel itself or as we're out onto. Papke: Both. As far as the lake goes, it's wherever you reach a depth of 3 feet or, 4 feet? Or Papke: A1-Jaff: For the permanent or the floating? For the dock. It's either or. Papke: Okay. Planning Commission Meeting - December 2, 2003 A1-Jaff: It is not addressed. Papke: And as part of their application they don't have to show the placement of how far out it will actually be located? A1-Jaff: No. It's wherever they reach the, the ordinance is flexible there. Feik: Other questions? Slagle: Just a couple. Sharmeen, if I may. Touching a little bit upon the prior question, it seems to me with this, as important as we place wetlands, that it seems to me that a plan that would be submitted to us would have a little bit more detail than an arrow showing where the dock or the boardwalk will be, or material will be. If it's a floating dock, how's a floating dock going to get in and out? You know, are they going to put aerators? I'm just curious, I mean do you think that this is a complete application? And maybe it is, I just. A1-Jaff: Our Water Resource Coordinator reviewed this application and she was comfortable with the submittal. In reading her report she concluded that this was a complete application. Slagle: Okay, with that answer, then can you tell me, unless I missed it, what the material will be for the boardwalk quote unquote, permanent. A1-Jaff: Can the applicant answer that question please? Slagle: Sure. Sure. A1-Jaff: Thank you. Slagle: I don't have any questions. Lillehaug: My question is actually, it's not for this application but I want to look at this survey in the back. Is this a survey that the city has on record? What you're looking at there. Is that what the building department or planning has as their recorded survey for this lot? And what I'm getting at is, we have things to come here where it didn't appear that the wetland buffer was shown on the survey that the owner received. Is that a requirement to show the wetland buffer and any other easements on the survey that the city has recorded? To insure that the owner and whoever else receives that survey is aware of everything. Al-Jaff: We are making an effort more and more to look very closely at surveys and insuring that buffers do appear. Wetlands are required to show on surveys. The buffer is something that we're trying to make an effort more and more to insure that it does appear on surveys. 10 Planning Commission Meeting - December 2, 2003 Lillehaug: So for example I can safely say that there's no unforeseen tree easement here that's not shown on this survey that would be on maybe the developer's plan? A1-Jaff: No. I worked on this subdivision and I remember clearly, there was no tree preservation... Lillehaug: Alright, thank you. Feik: I have several questions. Help me out with a few of these. Permanent boardwalk. When you say permanent, we are talking permanent footings below frost, the whole 9 yards? A1-Jaff: Yes. It does not come out. It's there four seasons. Feik: What kind of damage occurs to the wetland with the installation of a permanent walkway which would differ from the installation of a temporary walk? Obviously they have to bring in bigger equipment. They've got to bring in machines and post hole diggers and backhoes. A1-Jaff: And remember that you are removing the structure at the end of the summer. Putting it back in the spring so, and this happens every single year. Feik: But one would be potentially just rolling in and out. The other one I'm envisioning back hoes and heavy equipment in there in the winter when the ground's frozen but significant amount of wetland disturbance. Am ! wrong? A1-Jaff: In speaking with the Water Resource Coordinator, it was her direction and her preference to see a permanent floating dock. Feik: Floating dock but there's two pieces here. One is the permanent boardwalk, which is followed by the permanent floating dock. The permanent boardwalk you're going to have to disturb some wetlands to do the installation. Al-Jaff: Which is also exempt under, yes. You are correct. You will need to disturb it. It's a one time deal. It's exempt under state law. Feik: Under state law. We have the authority to insure that damage is minimal during construction? Al-Jaff: If you look at page 3 of 4, under analysis. They're not classified as fell under the state statute. Feik: Understand. Al-Jaff: Is it our job to ensure that there is minimal impact on the wetland? Yes, it is. 11 Planning Commission Meeting - December 2, 2003 Feik: Okay. AI-Jaff: It is the Water Resource Coordinator's opinion that this will have minimum impact. Feik: And this person would be helping supervise the installation of the permit? Al-Jaff: Absolutely. Feik: You had mentioned that the dock and the boardwalk could extend a maximum of 50 feet. A1-Jaff: Correct. Feik: Combined. The two items combined, correct? Al-Jaff: 50 feet or. Feik: Or 4 foot in depth. Al-Jaff: If they reach the 4 foot prior to the 50 feet, then. Slagle: Or vice versa. Al-Jaff: Or vice versa. Feik: The dock itself, does that require a separate permit then? Because we're only talking about the boardwalk here. AI-Jaff: The Water Resource Coordinator would be. Feik: Would handle the dock. A1-Jaff: Yes. Feik: Also in here we talk about the height above the water, 6 to 8 inches above the ordinary high water mark. And that would hold true for the permanent portion of the dock which extends into what I would call the open water area. A1-Jaff: Yes it would. Slagle: Just point of clarification Mr. Chair, sorry to interrupt but on the back of what I'm going to call page, I don't know if this is 6 or 7, I'm seeing verbiage here that talks about dock will be approximately 100 feet long from shoreline to get past the reeds. And then the dock will continue approximately 50 feet long or as required to get past the lily 12 Planning Commission Meeting - December 2, 2003 pads. Just sharing with you, I mean how, again trying to get a perspective on this survey. I mean how long is this thing? I mean I have a dock at our cabin that's 70 feet and it's quite long. So I don't know if when the applicant comes, and I'm sorry to interrupt but if they have more verbiage or pictures or drawings than other than an arrow, I'd like to see it. Lillehaug: Is the 100 foot a permanent boardwalk and then the 50 foot the temporary dock? A1-Jaff: The 50 foot is the temporary dock. Can the applicant please answer that portion? Lillehaug: My question would be then, is the boardwalk part of the calculation and the total length? The permanent boardwalk. A1-Jaff: It's from the OHW out so from the edge of the lake out is. Lillehaug: That's the 50 foot, so the boardwalk is going to go from the OHW in? A1-Jaff: In, exactly. Lillehaug: Across the wetland. A1-Jaff: Yes. Lillehaug: Across reeds and whatever else so that's not part of the 50 foot calculation then. Feik: What? It's not part of the 50 foot? A1-Jaff: foot. The dock is from the shoreline...floating piece. It's not included within the 50 Slagle: Floating would be on the lake. Al-Jaff: The permanent. Feik: Well they're both permanent according to the, according to your write up here. Both the floating dock is permanent as well as the boardwalk. A1-Jaff: The portion that has the footings. Slagle: The boardwalk. Al-Jaff: The boardwalk, is not part of the 50 feet dock that extends out into the lake. 13 Planning Commission Meeting - December 2, 2003 Papke: So there is no restriction on the length of that boardwalk? A1-Jaff: We will work with them to ensure that it is over the wetland portion only. Papke: But there's no city restriction on how. AI-Jaff: No. No. Papke: So the only restriction is the 50 feet into the lake or 4 feet depth, whichever comes first. A1-Jaff: Correct. Slagle: If I may? Feik: Continue. You're on a roll. Slagle: I'm sorry, just, I just want to understand. So are we concerned at all as a city that people who let's just say don't have the luxury of being right on the water, but happen to have call it marsh, wetlands, woods, you know whatever you could come up with, that separates them from a body of water, that they could in essence install a permanent boardwalk, whatever you want to call it, ramp, to get to a body of water. A1-Jaff: If you are a riparian lot you have riparian rights. Our ordinance allows, there's a criteria that allows you to get to the water. If what you're trying to get at is let's say can you clear cut a wooded area? The answer is no. To get to, the answer is no. However, it does allow for a path that would get you to the lake. The same is true with slopes. To get you to that area. You have riparian lots, there are riparian rights. Feik: A couple more quick questions. Getting back to this is going to be 8 inches or so above, the elevation of the walkway is 8 inches above the high water mark. How many of these permanent docks, which is now out in the open water area, do we have in the city? Do we have, I don't recall seeing any permanent dock structure. Papke: Didn't we just have one a couple weeks ago on Lotus Lake? On the west side of Lotus. Generous: Yes. Feik: I wasn't there that day. AI-Jaff: Yes. Feik: Do you have any concern for snowmobiles and winter traffic and with a permanent dock out into the lake area that is used by all, you know all sorts of people for recreational purposes? I'm envisioning a snow encrusted dock being hit by a 14 Planning Commission Meeting - December 2, 2003 snowmobile, a permanent dock that's being hit by a snowmobile at excessive speeds. Do you have concerns? A1-Jaff: It's not a problem that we have faced, that I'm aware of. Feik: Okay. That's my questions for now. Any other questions for staff? Alright, thank you. With that if the applicant is here and would like to make a statement, please step forward at this time. Please identify yourself and state your name and address for the record. Anthony Roepke: I'm Anthony Roepke, 6735 Lakeway Drive. I really don't have anything to add but I can try to answer any of your questions that you have or concerns. It's hard to kind of envision just from the paper what the dock looks like, or the land looks like. It is very reedy and that's the purpose of the boardwalk is to get past those reeds. The purpose of the dock in the open water that you're talking about is to get past the lily pads, so that was our intention of trying to do the least impact to the wetland as possible, including the lily pads are in the water. Was to use the floating dock to take it past the lily pads so at least when we bring a boat up, we won't be chewing up the lily pads. The neighbor two houses down from us who put his dock in 2 years ago, before the ordinances were in place, his dock is 300 feet long so. Feik: Any questions for the applicant? Papke: Could you describe a little bit about the permanent boardwalk? How is that held in place? Is it floating? Is it anchored with posts into footings? How are you going to be constructing this? Anthony Roepke: I have two bids out right now with contractors. I don't plan on doing it myself. I'm not sure how that process works, although both contractors wanted to do it in the winter time and wanted to do it in December timeframe when the ice was in but still wasn't that thick, and their intention was to go out with an auger, cut holes and I'm assuming they were going to put posts in via that mechanism. So I'm not exactly sure how it's going to be affixed into place. I do know that the neighbor two doors down from me, the people who did his dock once they got further out, there really wasn't a firm bottom to mount feet or whatever the verbiage is, and they actually put in like a drum or. Slagle: Barrels. Anthony Roepke: Barrels, exactly that. To keep it in place on the end of his dock. Slagle: So if I can ask, is the floating dock, let's call it the end piece of this thing, is it permanent? Meaning you don't anticipate pulling it into shore in the winter. Anthony Roepke: That's correct. We do not plan on bringing the docks, either the boardwalk or the permanent floating dock in or out. They're in. They're going to stay in. 15 Planning Commission Meeting - December 2, 2003 Slagle: Okay. Feik: Are there things you need to do for that floating dock to ensure that it gets through the winter, i.e. bubblers or does it just freeze in place and hope the ice doesn't shift or? Anthony Roepke: You know the contractor's assured me that he knows what he's doing and he's going to take care of that. I don't know how to answer that question. Feik: Okay. Anthony Roepke: The other alternative, instead of doing a floating dock is to just carry you know the boardwalk all the way out. Past the lily pads also but the floating dock seemed like a little bit better solution. Lillehaug: One question. From the survey I'm looking at there is an established OHW outline. You do realize that city staff is saying that you can only go 50 foot beyond that. I don't know if that gets beyond your lily pads or not, but I think the city will restrict to 50 feet. Will that get you out far enough? Anthony Roepke: I'm not sure what that means. Lillehaug: Sharmeen, could you show him where the OHW outline is there? AI-Jaff: The ordinary high water mark of Lake Lucy is right here. Lillehaug: And maybe at this point you don't know, I mean because that line, it's hard to place. There's no landmarks probably to tie it in right now, but. Anthony Roepke: So you're saying, you can go 50 feet past the ordinary high water mark? Lillehaug: That's my understanding. A1-Jaff: Into the lake. Feik: Maximum. Generous: Or to a point where you reach 4 feet in depth. Feik: Whichever is first. Anthony Roepke: 4 feet in depth of the lake? Feik: Whichever is first though. Lillehaug: So you can go beyond 50 feet? 16 Planning Commission Meeting - December 2, 2003 Feik: No. Generous: Well you could if, if it's a shallow lake and it goes out 200 feet for instance to get to 4 feet, theoretically a dock could go out that far. Papke: So it's not whichever comes first? Generous: Well yes, it's no. It's the 4 feet. Or if you come to 4 feet in less than 50 feet, you can stop. Papke: So your dock can be a mile long if you have a very gentle slope? Lillehaug: So 50 feet is really irrelevant then, in my mind. I don't think the interpretation's correct on that. A1-Jaff: No dock shall exceed the greater of the following lengths. 50 feet or the minimum straight line distance necessary to reach water depths of 4 feet. Lillehaug: That means a maximum of 50 feet. That means a maximum of 50 feet. Feik: Yes. Anthony Roepke: So even if. A1-Jaff: I just read it. Feik: If you're in 2 feet of water when your dock is 50 feet, you've got to stop. Slagle: Can I make a suggestion Mr. Chair? If I may. Feik: Any more questions for the applicant? Is this an applicant related question? Lillehaug: I just wanted to make sure you're aware of that. Anthony Roepke: Yeah, thank you for clarifying that. And how does the high water mark get determined where it is? A1-Jaff: That is determined by the Department of Natural Resources and in this case it is at 956.1. Anthony Roepke: A1-Jaff: Yes. Anthony Roepke: So that's something that can be pinpointed? Okay. Any other questions? 17 Planning Commission Meeting - December 2, 2003 Feik: Any other questions for the applicant? Anthony Roepke: Okay, thank you. Feik: Thank you. This is a public hearing if there's anyone who'd like to address this issue, now's your time. Please state your name and address for the record. Joe Morin: My name is Joe Morin and my address is 1441 Lake Lucy Road. I have the property adjoining my neighbor here. And the interpretation as I read it, it says shall not exceed the greater of 50 feet or the distance required to get to 4 feet in depth. So whichever one is greater, it can't exceed that. And that only makes sense because if you go 50 feet out and you only have 2 inches of water, you can't put a dock in. Right? So it's the greater of the two. I just wanted to make sure that that we all understand that. So he could go to 60 feet if he had to. Feik: Well I think we'll leave that for the staff to interpret the codes. AI-Jaff: We'll contact the city attorney and get a clarification on that. Feik: Thank you. Joe Morin: And then my other point is that we've talked about the dock situation and we're working together to make sure that it's minimum impact on the environment. If we share the dock, then I don't have to put in a dock. We wouldn't be using it very much anyway so there'd be half as many docks on Lake Lucy, at least on that end of the lake. Thanks. Feik: Anyone else like to address this issue? Seeing none I'll close the public comment period. Bring it back for I'm sure there's going to be numerous questions. Anybody want to start with questions directed to staff or comments amongst yourselves? Slagle: I'll start. I just have two quick ones. One is directed to staff. Is there a concern staff that, and the gentleman just raised what I was thinking. That this dock could potentially be a community dock where, and do we have a limit to the number of either one, boats or users or what's our limitations on docks? AI-Jaff: The ordinance allows two property owners adjacent to one another to share a dock. Slagle: Okay. Al-Jaff: But that's the extent of it, and we would rather see something like that than have individual docks. Slagle: Absolutely. Okay. 18 Planning Commission Meeting - December 2, 2003 Feik: Is there a limit on the watercraft then? A1-Jaff: It would be three. Feik: Three boats total, including canoes, paddle boats, anything? Because I know we had this discussion a year ago. Slagle: Lake Minnewashta. Feik: Yes. That included. Generous: For overnight. A1-Jaff: For overnight mooring, 3 watercraft on any lakeshore site. Feik: Okay. Slagle: I'll save my other comments after questions. Feik: Any other questions for staff? Lillehaug: Questions or comments? Feik: If there's no questions we might as well move to comments. Lillehaug: Okay, my comments would be is I support this application. I think it's a good idea to have a permanent boardwalk over the wetland. It does minimize the impact. Annual impact is far worst than a one time impact so I do agree with staff that this is the way to go to install a permanent boardwalk. I do want staff to look into that. The way the ordinance reads I guess that's not even clear to me, after hearing you read it. The 50 feet is almost irrelevant then the way, if it's, the way it reads, it doesn't seem clear so. I do support it and that'd be it, thanks. Feik: As long as you bring it up, prior to moving on. Sharmeen, would you do me a favor and please read that again. Just so we can be clear on what it states. A1-Jaff: Okay. No dock shall exceed 6 feet in width and no dock shall exceed the greater of the following lengths. One, 50 feet or the minimum straight line distance necessary to reach a water depth of 4 feet. Feik: Okay. Lillehaug: I think that's pretty poorly worded actually. 19 Planning Commission Meeting - December 2, 2003 Feik: I think the intent was to be 50 feet. Or 4 feet, whichever comes first. I think that was the intent. Papke: I don't think so. Feik: No? Lillehaug: No. Papke: That's not the way it's worded. It's not very precise but it makes sense that if you hit 5 feet 10 feet away from shoreline that you can still go all the way out to 50 feet. Okay, so that you can have at least a minimum of 50 foot dock. And if after 50 feet you still only got 6 inches of water, you can keep on going until you hit 4 feet. Otherwise how are you able to dock a boat. Lillehaug: That makes sense. Feik: Short boat. Slagle: Kayak. Feik: Alright, other comments. Anything? No comments? I've got a couple still. I would like to have the staff work with the city attorney, irrespective of what happens with this application today, to get that language clarified and interpretation or statement from the city attorney what the intent is for that paragraph. I have a concern regarding the safety of that dock which extends out into open water. Maybe it's just me. I have a concern regarding the potential number of boats, if it's used by a number of neighbors. Those are my concerns. With that I guess if there is, someone would like to put a motion out. Lillehaug: I make a motion the Planning Commission approves wetland alteration permit #2003-3 for a boardwalk across the wetland at 6735 Lakeway Drive subject to the following conditions 1 through 3. Papke: Second. Feik: Any other comments before we call for a vote? Lillehaug moved, Papke seconded that the Planning Commission recommends approval of Wetland Alteration Permit #2003-3 for a boardwalk across the wetland at 6735 Lakeway Drive, subject to the following conditions: The boardwalk shall be installed across the wetland as a permanent structure and a dock shall extend from the boardwalk into Lake Lucy to provide docking for watercraft. 20 Planning Commission Meeting - December 2, 2003 The applicant shall enter into an encroachment agreement with the City and the installation of the boardwalk across the drainage and utility easement. 3. The dock shall be located outside of the dock setback zone. All voted in favor, except Feik who opposed, and the motion carried with a vote of 3 to 1. Feik: I'm voting no because I think the interpretation of the clause is erroneous. I think it is not supposed to be unlimited length of dock, and until such time as that is, would be further defined, I can't support the motion. 21 § 6-23 CHANHASSEN CITY CODE (d) No variance shall be granted by the city council without the affirmative vote of at least four-fifths of the full council. (Ord. No. 73, § 9, 7-11-83) Sec. 6-24. Location restrictions. No dock, mooring or other structure shall be so located as to: (1) Obstruct the navigation of any lake; (2) Obstruct reasonable use or access to any other dock, mooring or other structure authorized under this chapter; (3) Present a potential safety hazard; or (4) Be detrimental to significant fish and wildlife habitat or protected vegetation. (Ord. No. 73, § 3.01, 7-11-83) Sec. 6-25. Construction and maintenance generally. Dock, moorings and other structures may be constructed of such materials and in such a manner as the owner determines, provided that they shall be so built and maintained that they do not constitute a hazard to the public using the waters of the lake and they shall be maintained in a workmanlike manner. (Ord. No. 73, § 3.07, 7-11-83) Sec. 6-26. Docks. (a) No more than one (1) dock shall be permitted on any lakeshore site. (b) No dock shall exceed six (6) feet in width and no dock shall exceed the greater of the following lengths: (1) Fifty (50) feet; or (2) The minimum straight-line distance necessary to reach a water depth of four (4) feet. (c) The width (but not the length) of the cross-bar of any "T" or "L" shaped dock shall be included in the computation of length described in the preceding sentence. The cross-bar of any such dock shall not measure in excess of twenty-five (25) feet in length. No dock shall encroach upon any dock setback zone; provided, however, that the owners of any two (2) abutting lakeshore sites may erect one (1) common dock within the dock setback zone appurtenant to the abutting lakeshore sites, if the dock is the only dock on the two (2) lakeshore sites and if the dock otherwise conforms with the provisions of this chapter. (d) No person shall store fuel upon any dock. (e) No oscillating, rotating, flashing or moving sign or light may be used on any dock. (fl No advertising signs shall be displayed from any dock. (Ord. No. 73, §§ 3.02, 3.03, 3.09, 3.10, 7-11-83) Supp. No. 5 332