5a. Deck on a Recreational Beachlot, Lotus Lake Homeowners J Q ,
A CITY O F P.C. DATE: 9-20-89
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\ P ClIANEASSZNC.C..C. DATE• 10- -
89
CASE NO: 84-8 VARIANCE
Prepared by: Olsen:k
I STAFF REPORT
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I PROPOSAL: Variance to the 75 Foot Shoreland Setback for
a Deck on a Recreational Beachlot "ctn ey try aT"'""
LOCATION: Outlot B, Lotus Lake Estates
a.
IAPPLICANT: Lotus Lake Estates Homeowners Association
6800 Brule Circle
IChanhassen, MN 55317
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PRESENT ZONING: RSF, Residential Single Family
IACREAGE: 92 , 700 square feet
DENSITY: N/A
ADJACENT ZONING
AND LAND USE: N- PUD; wetlands and Fox Hollow
S- RSF; single family
E- RSF; single family
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W- Lotus Lake
W WATER AND SEWER:
IPHYSICAL CHARAC. :
I2000 LAND USE PLAN: Low Density Residential
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Lotus Lake Homeowners Association
October 9, 1989
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Page 2
IAPPLICABLE REGULATIONS
Section 20-263 provides specific minimum standards for a
I recreational beachlot as a conditional use. Section 20-263( 2)
states that "no structure, portable chemical toilet, ice fishing
house, camper, trailer, tent, recreational vehicle or shelter
I shall be erected, maintained or stored upon any recreational
beachlot" (Attachment #1) .
The ordinance defines a deck as a structure and the Building
I Department confirmed that it should have received a building per-
mit.
BACKGROUND
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The Lotus Lake Estates subdivision was approved by the City
Council on January 5, 1979 (Attachment #2) . The City Council
I approved a conditional use permit for the recreational beachlot
on July 21, 1980, and approved an amended permit on August 31,
1981 (Attachment #3) . On November 19 , 1984, the City Council
I approved another amendment to the conditional use permit
authorizing the installation of four sailboat moorings
(Attachment #4) .
I In December, 1985, the Lotus Lake Homeowners Association filed
suit against the city to allow additional docking and overnight
storage of boats. On June 16, 1986 , the City Council approved a
I zoning ordinance amendment to allow additional docks and over-
night storage of boats on a recreational beachlot and amended the
Lotus Lake Estates conditional use permit. The amended con-
Iditional use permit allowed the following uses :
1. One sand blanket swim area.
2 . A pedestrian walkway. -
I 3 . Four boat racks.
4. Three docks with no more than 9 watercraft being stored
overnight.
I 5. One 10 foot by 10 foot swimming raft.
6. One conversation pit fire hole.
7. Four sailboat moorings.
IIn the spring of 1989, staff was contacted by a representative of
the Lotus Lake Homeowners Association. The Homeowners
Association was interested in constructing a deck on the Lotus
I Lake Estates recreational beachlot. Staff explained that the
Zoning Ordinance specifically did not permit structures on
recreational beachlots and that it was not a permitted use as
I part of their existing conditional use permit. Staff further
explained that a variance to the conditions of the ordinance and
an amendment to their existing conditional use permit would be
I necessary. Staff was not further contacted by the Lotus Lake
Homeowners Association.
Lotus Lake Homeowners Association
October 9 , 1989
Page 3
During the summer of 1989 , staff was viewing sites with some
residents from Lotus Lake and noticed that the Lotus Lake Estates
recreational beachlot had constructed the proposed deck on the
beachlot. Staff contacted the homeowners association to state
that the deck was in violation of the ordinance and in violation
of their conditional use permit. Staff informed the homeowners
association that they must make an application for the deck or
that the City would have to refer the matter to the City
Attorney' s office and code enforcement division. The homeowners
association contacted staff and proceeded with the application
process.
ANALYSIS - -
The applicant is requesting a variance to the 75 foot shoreland
setback to allow an existing deck to remain on a recreational
beachlot on the Lotus Lake Estates recreational beachlot. The
deck was located on the recreational beachlot prior to receiving
necessary permits from the City (variance to conditions for a
recreational beachlot, revision of the conditional use permit,
and a building permit) .
The Board of Adjustments and Appeals shall not recommend and the
Council shall not grant, a variance unless they find the
following facts : '
A. That the literal enforcement of the Ordinance would cause
undue hardship and practical difficulty.
The applicant has use of the recreational beachlot.
B. That the hardship is caused by special conditions and cir-
cumstances which are peculiar to the land and structure
involved and which are not characteristic of or applicable to
other lands of structures in the same district. '
The depth of the lot does not allow the deck to meet the 75
foot setback.
C. That the granting of the variance is necessary preser-
vation the
vation and enjoyment of substantial property rights.
The applicant has use of the recreational beachlot. '
D. That the special conditions and circumstances are not a con-
sequence of a self-created hardship.
The depth of the lot is not self created.
E. That the variance will not be injurious to or adversely affect
the health, safety or welfare of the residents of the City of
the neighborhood wherein the property is situated and will be
in keeping with the spirit and intent of the Ordinance.
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Lotus Lake Homeowners Association
October 9, 1989
Page 4
' The variance will not be in keeping with the intent of the
ordinance.
The applicant has use of the recreational beachlot with the
existing swimming area, beach, dock, boat racks, etc. Although
the deck located on the recreational beachlot provides an
increased ability to use the recreational beachlot for some of
' the residents there does not exist a hardship for which to grant
the variance. Therefore, staff recommends that the Board of
Adjustments denial of Variance Request #84-8 to the 75 foot
Shoreland Setback.
UPDATE
The Board of Adjustments and Appeals denied the request for a 75
foot shoreland setback.
ATTACHMENTS
1 . Staff report for conditional use permit and attachments .
2 . Planning Commission minutes dated September 20 , 1989.
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