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D-10. Lake Lucy Ridge – Approve Conditional Use Permit for the creation of a five-acre recreational beach lot (dock) for the Lake Lucy Ridge Subdivision on property zoned Single D- \ Y CITY OF CIIANIIASSEN q S Chanhassen is a Community for Life-Providing forToday and Planning forTomorrow MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Sharmeen Al-Jaff, Senior Planner DATE: March 13, 2017 SUBJ: Planning Case 2017-04 Conditional Use Permit for a Recreational Beachlot—Lake Lucy Ridge Homeowners Association—Outlot B, Lake Lucy Ridge Addition PROPOSED MOTION "The Chanhassen City Council approves the Conditional Use Permit for the creation of a Recreational Beachlot—Planning Case 17-04 - subject to the conditions of approval and adopts the attached Findings of Fact." City Council approval requires a majority vote of City Council. EXECUTIVE SUMMARY Consider a request for a conditional use permit for the creation of a 5-acre recreational beachlot for the Lake Lucy Ridge Subdivision residents. The request includes a private seasonal dock serving non-motorized watercraft and canoe racks for six vessels. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on February 21, 2017 to review the proposed Conditional Use Permit. Members of the public raised questions regarding the use of the dock. Staff addressed issues that were raised in the attached e-mail messages. The Planning Commission voted unanimously to recommend that City Council approve the request. Planning Commission minutes for this item included in the consent agenda of the March 13,2017 City Council packet. PH 952.227.1100• www.CL.chanhassen.mn.us• FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 Planning Commission Lake Lucy Ridge- Conditional Use Permit for Recreational Beach Lot Planning Case 2017-04 March 13, 2017 Page 2 of 2 RECOMMENDATION Staff recommends approval of the Conditional Use Permit to create a Recreational Beachlot— Planning Case 17-04, subject to conditions of approval. ATTACHMENTS 1. Conditional Use Permit 2. Planning Commission Staff Report Dated February 21, 2017. 3. E-mail from Mr. Barry Dallavalle dated February 16, 2017. 4. E-mail from Mr. Bo Andersen dated February 17, 2017 5. E-mail from Ms. Betsy Randall dated February 10, 2017. 6. E-mail from Mr. Rob Dahlin dated February 18, 2017. G:\PLAN\2017 Planning Cases\17-04 Lake Lucy Ridge Beachlot\Executive Summary CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES,MINNESOTA CONDITIONAL USE PERMIT#20167-04 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for the following use: A Recreational Beachlot. 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as Outlot B, Lake Lucy Ridge Addition. 3. Conditions. Subject to the following conditions as shown in plans dated January 20, 2017: a. The beachlot shall contain no more than 1 dock, with no more than 3 racks for the storage of 6 nonmotorized watercrafts. b. The beachlot shall meet all requirements set forth for recreational beachlots in Section 20-263 of the City Code. c. The beachlot shall not be used as a boat launch and the city will post the appropriate signage. The applicant shall be responsible for the cost of signage and installation. d. An amendment to the Conditional Use Permit shall be required for any changes to the beachlot including but not limited to: dock configuration, installation of portable chemical toilets,placement of boat racks, and placement of structures. e. To the extent feasible, the city may impose such conditions even after approval of the beachlot if the city finds it necessary. 1 f. It should be noted that the only access to the private dock is via a public pedestrian trail owned and operated by the City of Chanhassen and open to the public. g. Prior to construction, verification shall be received that the dock contractor is going to deliver twenty sections of 4' x 10' dock by hand a distance of 1000 feet and install the dock, canoe racks and security gate for a fee of$500. h. Motorized vehicles cannot be utilized to deliver or retrieve watercraft or associated gear to or from the dock. i. There shall be no chemical or physical removal of emergent vegetation. j. Emergent vegetation may be cut no lower than the normal water elevation from the centerline of the dock to a point no more than five (5) feet from the edge of the dock on either side. k. The cross section of the wetland shall not be altered to accommodate placement of the dock or the approach to the dock. 1. No materials shall be stored within the wetland buffer except as allowed on the dock itself. m. The applicant shall contact the Department of Natural Resources (DNR) and insure compliance with DNR regulations governing shoreland. 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: March 13, 2017 CITY OF CHANHASSEN By: Denny Laufenburger, Mayor SEAL 2 By: Todd Gerhardt, City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of ,2017, by Denny Laufenburger,Mayor and Todd Gerhardt, City Manager,of the City of Chanhassen,a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. Notary Public DRAFTED BY: City of Chanhassen P. O. Box 147 Chanhassen,MN 55317 (952)227-1100 3 PC DATE: February 21, 2017 B-2- T Y 0 CC DATE: March 13, 2017 z CITY OF CHANHASSEN REVIEW DEADLINE: March 21, 2017 ,s- 4, CASE #: 2017-04 9 N BASS BY: SJ, TH, TJ 4S(..e PROPOSED MOTION: "The Chanhassen Planning Commission recommends approval of the Conditional Use Permit for the creation of a Recreational Beachlot—Planning Case 17-04 - subject to the conditions of approval and adopts the attached Findings of Fact and Decision." SUMMARY OF REQUEST: Consider a request for a conditional use permit and a wetland alteration permit for the creation of a 5-acre recreational beachlot for the Lake Lucy Ridge Subdivision Residents. The request includes a private seasonal dock serving non-motorized watercraft and canoe racks for six vessels. Y • 1 1 ;l 11r 7 -$ �'',,r.r,1; LOCATION: South of Lake Lucy Road, on the 1 ;. ,L ' V t - .*t northwest corner of Lake Lucy. F__r,.__!}� , `+; " `Qs °ad.7j Outlot B, Lake Lucy Ridge 7 ^ - Addition w,: ''r, 1 T :z 71_ • 1. ,1 x 4. y1, ) ►✓i � � F.' • APPLICANT: Lake Lucy Ridge Homeowners 6 d * r -• .�`. '. Association r , ,:� E r I; `ii s rig c( Greg McGuirk '�t t '! r." 1770 LucyRidge Court !-11 'AN' *1 �`'` Chanhassen, MN 55317Lake Lay gomc2uirkAgmail.com _ i 773-490-1852L --1,,:t11, . __, .-_- - ., „, wF. w :-. -!, 4 PRESENT ZONING: Single Family Residential District (RSF) 2020 LAND USE PLAN: Parks Open Space ACREAGE: 5 acres 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 as well as lake property owners surrounding Lake Lucy. Planning Commission Lake Lucy Ridge CUP—Planning Case 2017-04 February 21, 2017 Page 2 of 15 PROPOSAL/SUMMARY Lake Lucy Ridget Homeowners Association is '_ requesting a conditional use permit r. 411 and a wetland himtw „ poset �,,.. .. alteration permit for J F - the creation of a 5-acre F r recreational beachlot :• `; ,rr Rs for the subdivision • ,� _.. residents. The request includes aprivate - seasonal dock serving • .,` non-motorized '' ': j , ,,,Ii‘ r� watercraft and a canoe ;•� «'� ,j rack for six vessels. L. , , 4: Provided there is no � s ? _ expansion of the user r•, t ` and there is no ,, 't .Y. :$ listing chemical or physical Trail removal of emergent g . ' vegetation thez.rip .� - _ dock, .04' 4' • �"' proposed • ,�0, • a5 tI sed Dock•. placement will • ,.. constitute a"no-loss in , ocation ••. wetland functions and values"as defined by the MN Wetland Conservation Act. The site is located south of Lake Lucy Road, on the northwest corner of Lake Lucy. Access to the beachlot is gained via a public trail off of Lake Lucy Ridge Lane. The location of the public trail in relation to the proposed private dock is of concern to staff. The issue will be discussed in further detail under the "DISCUSSION" section of the report. Staff is recommending approval of the request with conditions. APPLICABLE REGULATIONS Chapter 20-ARTICLE IV. - CONDITIONAL USES Sec. 20-232. - General issuance standards. Sec. 20-266. -Recreational beachlots. Planning Commission Lake Lucy Ridge CUP—Planning Case 2017-04 February 21, 2017 Page 3 of 15 BACKGROUND On May 28, 2002, the City Council approved the final plat for Subdivision#01-10 for Lake Lucy Ridge for 17 lots and two outlots. Outlot B contains a regional trail, wetlands and a storm pond. It is the city's policy to preserve such areas as open space and maintain them in their natural state. In this case, there is a trail easement over the existing trail and a drainage and utility easement over the storm pond. It was the original developer's intent to deed Outlot B to the city however, the Homeowners Association ended up maintaining ownership of the Outlot. ' P", '‘' . 1 ) Outlot x ;` x ll A Outlot B � .. it ii p, , ,. , 5L:-L. -, -, .. o> cu_,,,,,,..„, i, ,, -. ., .., -,,,, ik, -. . . '• SCO .. �\ " _ , Illk° ,-vvitz. i AAA. , - * ___ {" ! NI,. a (i; , f�I 7I'm Yald LnIlk Illa . , i 101,1V- 1 41k � „ et.�-' �� ; IP 111W a . 1 . moil I : 'r r a Planning Commission Lake Lucy Ridge CUP—Planning Case 2017-04 February 21, 2017 Page 4 of 15 DISCUSSION - /i' Legend Lake Lucy Ridge Homeowners 'r, `'^r El PTh..""° Pacer: Association is requesting a 4{ (.:Yt `'� �1.<`/✓ t {if'-fi<1,:,..- oeineaed Wetland conditional use permit and a ..`",�;�� , ►, ' .�J E•.°nMPoy,a" t .'• . a �Il par wetland alteration permit for t-';;:•1 , j}) 'f r )-,,it Vacod Chip Path , the creation of a 5-acre + 0,e . ir,= recreational beachlot for the 4 e refi Y�+ •`�•` •C t subdivision residents which `` 4, . r't,...v.',► consists of 17 households. The • a , rt,1J r, `' 't;+r request includes a private 1 t : l.• f fir'e , �e seasonal dock serving non- i I 1 - . `.i'- motorized watercraft and Canoe .'t. canoe racks for six vessels. , tt The dock is proposed to extend i I =coo %'' a length of 160 feet into Lake _ i 130' R Lucy and will have a 25-foot ' '.4";-:::'. Approximate', . cross bar. The canoe racks are proposed to be located along ,! i+`` . ,- t, the northerly section of the !. 'ate WarCe Chp Path is•het wee and mrrns yend,flan Pe pue ha ',eat whin re iar. cross bar. . ' i The mien entre,et Pre Par we carfare weAeN hsm shore ma ha b.: II ., iIhawMummersa•seat.we.rwkrww luny. harp mat ,. Since the applicant is not r N....-YKOMrliers ol[VMrlagsMteIM.MIWrMtQbtx- -.' ii i-ere and Pr he ruin pier maim. proposing expansion of the use i Came Pack.. bebC opens crime ono carrels "rho Per - Deere 6 a awl enYik;IUs i1Wi/w(mow.wly. and there is no chemical or physical removal of emergent _^` Lake Lucy vegetation, the proposed dock roannessen.Minneaota Proposed Pier.Path, &Canoe Rack placement will constitute a Westwood L", �ket Locations and Dimensions .w.................. 7`i U SJ eenvomiw•14 'Mt P "no-loss in wetland functions and values" as defined by the MN Wetland Conservation Act. / As mentioned earlier in the summary section of the staff report, the only access to the beachlot is gained via a public trail owned and operated by the city. Access to the trail is ,H4? ---J\l: . : off of Lake Lucy Ridge Lane. This section of • the trail is part of a larger trail system and ' 4 will be extended as surrounding properties develop. This public trail is located within the proposed private beachlot and the public will "cfno have access to it. As the trail extensions .,-.-•, continue, additional pedestrian traffic will increase. This may generate trespassing complaints. J / \ m -... fc— t Planning Commission Lake Lucy Ridge CUP—Planning Case 2017-04 February 21, 2017 Page 5 of 15 To mitigate this, the applicant is proposing to install a security gate and attach a"Private Dock- No Trespassing" sign on the gate to alert the public. . _.. • Ircivmr.C•ti..4i;++lntYioN . . r,4jJ -. • •t VAIL V 1 1 }; l I . ! ,. . PPP'. u . - '1 s DOCK , . , , , . . . . • . ,. 4.. i. I 1,, , . .. _, . ,. . , . . , r ... • . :..., , " , , , . - ,,, t ; _ 1I / NO . _ , . ,, ,, r _ TRESPASSING li Cri•�•1.4tt , ' Another concern that Great Outdoors Services,LLC •I' 19490 Country Squires Circle tiVisa -- was expressed by staff Prior Lake.MN 55372 :gy.; y.-...:.,34:„..., _ '•.., (612)470-3625 r deals with the tpope@greatcutdoorsservices.com construction of the dock. lie.Wr11 Ix nKs&mkt I'I.•'Ll imPIEIUTIOIRSIMICE.S.C111 No motorized vehicles .rOS,rp....r are permitted on the E 5T I MAT L public trail. The ADDRESS ESTIMATE Of 1004 applicant indicated that John Butcher DATE 11/30/2016 6915 Lucy Ridge Lane all the dock construction Chanhassen,MN 55317 materials will be carried manually. If access is STrevor AeS REP gained from the trail - entranceoff Ai- ;.,,,- ;NT of Lake- - ShoreM3ster RS4 Dock 4'x 10'Sect ons with Meirtenance 20 1,152.00 23,040.001 Lucy Ridge Lane,the Free Flow Throsph Decking pieces will need to be Secunty Gate wi Keypad Entrance.for ShoreMaster Dock 1 3.995.00 3.995.001 kation moved over a 1,000 feet. DetivervS Instagion ___ 1 500.00 500,00T Discounts&Savings from Great Outdoors 1 -3,045.00 -3,045.001 The bid that has been submitted with this Thank you kg Om opportunity to work with you end your Lakalru i SUBTOTAL 24,490.00 application indicate that Assxla•ttx, We Intik frwwnrd In Isnamp be k horn y,re and Ian as TAX 7.125%) 1,744.92 know if here Is ahyinng you want to aid n take away.and we will be TOTAI $26,234.92 installation cost is $500. 91adWhelp.Thanksagan. Planning Commission Lake Lucy Ridge CUP—Planning Case 2017-04 February 21, 2017 Page 6 of 15 Verification should be received that the dock contractor is going to deliver twenty sections of 4' x 10' dock by hand a distance of 1000 feet and install the dock, canoe racks and security gate for a fee of$500. It should also be noted that motorized vehicles cannot be utilized to deliver or retrieve watercrafts or associated gear to or from the dock. RECREATIONAL BEACHLOT The applicant is requesting a conditional use permit and a wetland alteration permit to allow the use of Outlot B as a recreational beachlot. The proposed beachlot meets the minimum size (30,000 square feet) and shoreline (200 feet) requirements set forth in Section 20-263 of the Chanhassen City Code. In addition, the beachlot meets the size and shoreline requirements to support a dock. Outlot B has an area of 217,800 square feet and 893 + feet of shoreline. The beachlot must meet all requirements set forth for recreational beachlots in Section 20-263 of the City Code. The proposed plans call for 3 canoe racks mounted to the vertical supports of the dock. Each rack holds two canoes. There will be no powered watercraft. The beachlot ordinance allows nonmotorized watercraft(e.g., canoes, windsurfers, sailboards, small sailboats)to be wain - �J stored on racks on the beachlot,with no more than 6 nonmotorized watercraft per rack. An amendment to the Conditional Use Permit is required for any changes to the beachlot including but not limited to: dock configuration, installation ; - of portable chemical toilets, placement of boat - racks, the use of the dock for motorized watercrafts and placement of structures. Provide there is no expansion of the use and there is no chemical or physical removal of emergent vegetation the proposed dock placement will constitute a"no-loss in wetland functions and values" as defined by the MN Wetland Conservation Act. The applicants my cut the vegetation growing through and up to five (5) feet on either side of the dock at an elevation equal to the water surface to provide a clear ingress and egress along the dock without hindrance due to vegetation growing over the dock. The approach to the dock shall be wood chip and the cross section of the wetland must not be changed to accommodate the dock placement. Notwithstanding other conditions of approval,no materials may be stored within the wetland boundary except as allowed for on the dock. Planning Commission Lake Lucy Ridge CUP—Planning Case 2017-04 February 21, 2017 Page 7 of 15 RECREATIONAL BEACHLOT CONDITIONAL USE PERMIT The development proposal includes a conditional use permit request for a private recreational beachlot. The beachlot area contains a total of 217,800 gross sq. ft. The private beachlot includes a public trail. The only access to the dock is via this public trail. The location selected for the dock is the most practical from a positioning point as it avoids impacting wetlands. Section 20-232, General Issuance Standards 1. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or city. Finding: The proposed beachlot will not be detrimental to or endanger the above. The beachlot is intended to enhance the comfort, convenience and general welfare of the neighborhood by providing a recreational amenity. 2. Will be consistent with the objectives of the city's comprehensive plan and this chapter. Finding: The beachlot is consistent with the city's comprehensive plan which guides this parcel Parks and Open Space and the zoning ordinance which is Single Family Residential. 3. 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. Finding: The use of the site as a beachlot is consistent with the designation of the comprehensive plan as Parks Open Space. 4. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: There are several private docks surrounding Lake Lucy. The use of this beachlot to store nonmotorized watercrafts is permitted. 5. 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. Finding: There is a public trail off of a public street to access the beachlot. • It should be noted that the only access to the private dock is via a public pedestrian trail owned and operated by the City of Chanhassen and open to the public. Planning Commission Lake Lucy Ridge CUP —Planning Case 2017-04 February 21, 2017 Page 8 of 15 • Verification should be received that the dock contractor is going to deliver twenty sections of 4' x 10' dock by hand a distance of 1000 feet and install the dock, canoe racks and security gate for a fee of$500. • It should be noted that motorized vehicles cannot be utilized to deliver or retrieve watercraft or associated gear to or from the dock. 6. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Finding: The beachlot is not anticipated to have any excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. 7. 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. Finding: The applicant is proposing to manually transport all the dock pieces and the nonmotorized watercrafts. 8. Will have vehicular approaches to the property, which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: All members of the association live within close proximity and will not require vehicular approaches to the property. 9. Will not result in the destruction, loss or damage of solar access,natural, scenic or historic features of major significance. Finding: The development of the beachlot for recreational uses will not result in the loss of any features. 10. Will be aesthetically compatible with the area. Finding: The beachlot should be properly maintained to remain compatible with the surrounding uses. 11. Will not depreciate surrounding property values. Finding: The beachlot should be an asset to the neighbors by providing a recreational opportunity as well as open space. Planning Commission Lake Lucy Ridge CUP—Planning Case 2017-04 February 21, 2017 Page 9 of 15 12. Will meet standards prescribed for certain uses as provided in this article. Finding: The following are standards prescribed for Recreational Beach Lots: Section 20-263 Recreational Beach Lots: 1. Recreational beachlots shall have at least two hundred (200) feet of lake frontage. Finding: The proposed beachlot has 893 + feet of 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 beachlot. For the purpose of this section, a gazebo shall be defined as, "a freestanding roofed structure which is open on all sides." Finding: No structures (except as authorized by the beachlot ordinance) are proposed. 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 beachlot. Finding: No vehicle access is provided. 4.No recreational beachlot shall be used for overnight camping. Finding: No camping shall be permitted. 5. Boat launches are prohibited. Finding: No boat launches shall be permitted. 6. No recreational beachlot shall be used for purposes of overnight storage or overnight mooring of more than three(3)motorized or nonmotorized watercraft per dock. If a recreational beachlot is allowed more than one(1) dock, however, the allowed number of boats may be clustered. Up to three(3). Sailboat moorings shall also be allowed. Nonmotorized 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. No more than six (6)watercraft may be stored on a rack. The number of racks shall not exceed the amount of storage necessary to permit one (1)rack slip per lot served by the beachlot;however, in no case shall there be more than four (4)racks per beachlot. Docking of other watercraft or seaplanes is permissible at any time other than overnight. Planning Commission Lake Lucy Ridge CUP—Planning Case 2017-04 February 21, 2017 Page 10 of 15 Finding: The allowed number of nonmotorized watercrafts will be clustered on 1 dock. The applicant is proposing three canoe racks. Each rack stores two canoes. 7. The maximum number of docks on a recreational beachlot is three(3). No dock shall be permitted on any recreational beachlot unless the beach meets the following conditions: a) Shoreline of at least two hundred (200) feet per dock, and b) Area of at least thirty thousand (30,000) square feet for the first dock and additional twenty thousand (20,000) square feet for each additional dock. Finding: The beachlot has 893 +feet of frontage and an area of 217,800 square feet. This meets the shoreline and area requirements for the requested dock. 8. No recreational beachlot dock shall exceed six (6) feet in width, and no such dock shall exceed the greater of fifty(50) feet or the minimum straight-line distance necessary to reach a water depth of four(4) 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 twenty-five(25) feet in length. Finding: The applicant is proposing a 4 foot wide dock. The length of the dock is 160 feet. This length is required to reach a depth of 3 feet. The applicant should also contact the DNR regarding any state approvals that may be required for common docking areas. 9. No dock shall encroach upon any dock set-back zone,provided,however, that the owner 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 common dock is the only dock on the two (2) lakeshore sites and if the dock otherwise conforms with the provisions of this chapter. Finding: The proposed dock meets required setbacks. 10. No sail boat mooring shall be permitted on any recreational beachlot unless it has at least two hundred(200) feet of lake frontage.No more than one(1) sail boat mooring shall be allowed for every two hundred(200) feet of lake frontage. Finding: No sail boat moorings are proposed. 11. A recreational beachlot is intended to serve as a neighborhood facility for the subdivision of which it is a part. For purposes of this paragraph, the following terms shall mean those beachlots which are located either within(urban) or outside(rural) the Year 2000 Metropolitan Urban Service Area boundary as depicted in the comprehensive plan. Planning Commission Lake Lucy Ridge CUP—Planning Case 2017-04 February 21, 2017 Page 11 of 15 a. Urban recreational beachlot: At least eighty(80)percent of the dwelling units, which have appurtenant rights of access to any recreational beachlot, shall be located within one thousand (1,000) feet of the recreational beachlot. b. Rural recreational beachlot: A maximum of fifty(50) dwelling units (including riparian lots) shall be permitted appurtenant rights of access to the recreational beachlot. Upon extension of the Metropolitan Urban Service boundary into the rural area,the urban recreational beachlot standards will apply. Finding: All of the dwelling units are located within 1,000 feet of the beachlot. 12. All recreational beachlots, including any recreational beachlots established prior to February 19, 1987 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. Finding: No swimming beach is proposed. 13. All recreational beachlots shall have a buffer sufficient to insulate other property owners from beachlot 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 beachlot 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. Finding: Existing vegetation will be preserved. Staff's concern deals with the potential of trespassing on the private dock. The applicant has proposed a security gate as well as a"Private Property-No Trespassing" sign. Planning Commission Lake Lucy Ridge CUP—Planning Case 2017-04 February 21, 2017 Page 12 of 15 14. To the extent feasible, the city may impose such conditions even after approval of the beachlot if the city finds it necessary. Finding: The above language will be part of the conditions of approval for this application. 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 beachlot. Finding: The applicant shall incorporate a clause in the covenants for the HOA to require that watercraft stored,moored or docked overnight shall be owned by the owner/occupant or renter/occupant of homes in the association. 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. Finding: The applicant has submitted a plan as part of this proposal. 17. Portable chemical toilets may be allowed as a condition of approval of a recreational beachlot. The maintenance and use of chemical toilets on some beachlots may be unsuitable because they cannot be adequately screened from residential neighbors or lake users. Any use of chemical toilets on recreation beachlots shall be subject to the following: a. The minimum setback from the ordinary high water mark shall be seventy-five (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. Planning Commission Lake Lucy Ridge CUP—Planning Case 2017-04 February 21, 2017 Page 13 of 15 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. Finding: No portable chemical toilets are proposed. 18. No watercraft or boat lift shall be kept,moored, docked, or stored in the dock setback zone. Finding: The applicant shall include a clause in the covenants for the HOA to require that no watercraft of boat lift shall be located within the dock setback zone. 19. Gazebos may be permitted on recreational beachlots subject to city council approval and the following standards: a. Minimum setback from the ordinary high water mark shall be seventy-five (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 two hundred fifty(250) square feet. d. Maximum height shall not exceed twenty(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 beachlot association. g. The following improvements are prohibited in gazebos; screening used to completely enclose a wall, water and sewer service, fireplaces, and electricity Finding No gazebos are proposed. Planning Commission Lake Lucy Ridge CUP—Planning Case 2017-04 February 21, 2017 Page 14 of 15 RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission recommends approval of the Conditional Use Permit and Wetland Alteration Permit for the creation of a Recreational Beachlot as shown in plans dated received January 20, 2017—Planning Case 17-04 - subject to the following conditions: 1. The beachlot shall contain no more than 1 dock, with no more than 3 racks for the storage of 6 nonmotorized watercrafts. 2. The beachlot shall meet all requirements set forth for recreational beachlots in Section 20-263 of the City Code. 3. The beachlot shall not be used as a boat launch and the city will post the appropriate signage. The applicant shall be responsible for the cost of signage and installation. 4. An amendment to the Conditional Use Permit shall be required for any changes to the beachlot including but not limited to: dock configuration, installation of portable chemical toilets,placement of boat racks, and placement of structures. 5. To the extent feasible, the city may impose such conditions even after approval of the beachlot if the city finds it necessary. 6. It should be noted that the only access to the private dock is via a public pedestrian trail owned and operated by the City of Chanhassen and open to the public. 7. Prior to construction, verification shall be received that the dock contractor is going to deliver twenty sections of 4' x 10' dock by hand a distance of 1000 feet and install the dock, canoe racks and security gate for a fee of$500. 8. Motorized vehicles cannot be utilized to deliver or retrieve watercraft or associated gear to or from the dock. 9. There shall be no chemical or physical removal of emergent vegetation. 10. Emergent vegetation may be cut no lower than the normal water elevation from the centerline of the dock to a point no more than five (5) feet from the edge of the dock on either side. 11. The cross section of the wetland shall not be altered to accommodate placement of the dock or the approach to the dock. Planning Commission Lake Lucy Ridge CUP—Planning Case 2017-04 February 21, 2017 Page 15 of 15 12. No materials shall be stored within the wetland buffer except as allowed on the dock itself. 13. The applicant shall contact the Department of Natural Resources (DNR) and insure compliance with DNR regulations governing shoreland." ATTACHMENTS 1. Findings of Fact and Decision 2. Development Review Application 3. Affidavit of Mailing of Public Hearing Notice 4. Email from Riley Purgatory Bluff Creek Watershed District dated 2/15/17 G:\PLAN\2017 Planning Cases\17-04 Lake Lucy Beachlot\staff report CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Lake Lucy Ridge Homeowners Association for a Conditional Use Permit to create a recreational beachlot—Planning Case 2017-04. On February 21, 2017, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Lake Lucy Homeowners Association for a conditional use permit for the property located at South of Lake Lucy Road, on the northwest corner of Lake Lucy. Outlot B, Lake Lucy Ridge Addition. The Planning Commission conducted a public hearing on the proposed conditional use which 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 Single Family Residential District, RSF. 2. The property is guided by the Land Use Plan for Parks Open Space. 3. The legal description of the property is Outlot B, Lake Lucy Ridge Addition. 4. Section 20-232: Sec.20-232.- General issuance standards. The planning commission shall recommend a conditional use permit and the council shall issue such conditional use permits only if it finds that such use at the proposed location: (1) Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. (2) Will be consistent with the objectives of the city's comprehensive plan and this chapter. (3) 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. (4) Will not be hazardous or disturbing to existing or planned neighboring uses. (5) 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. 1 (6) Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. (7) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare due to excessive production of traffic, noise, smoke, fumes, glare, odors, rodents or trash. (8) Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. (9) Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. (10) Will be aesthetically compatible with the area. (11) Will not depreciate surrounding property values. (12) Will meet standards prescribed for certain uses as provided in this article. 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 2 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: 3 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 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. 5. The planning report#2017-04 dated February 21, 2017,prepared by Sharmeen Al-Jaff, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the conditional use permit for a recreational beachlot subject to the conditions of the staff report. ADOPTED by the Chanhassen Planning Commission this 21'day of February, 2017. CHANHASSEN PLANNING COMMISSION BY: Its Chairman 5 COMMUNITY DEVELOPMENT DEPARTMENT Plannrctg Division-770 147,Chanhassen, CITY 4F CIIAM1ASSN Mailing Address-P.O_Box 147,Chanhassen,MN 55317 Phone:(952)227-1300/Fax:(952)227-1110 APPLICATION FOR DEVELOPMENT REVIEW Submittal Date: PC Date.: CC Date: 60-Day Review Date: Section 1: Application Type(check all that apply) (Refer to the appropriate Application Ghecldist for required submittal information that must accwrpany rhes a Skariort) ❑ Comprehensive Plan Amendment $600 ❑ Subdivision(SUB) ❑ Minor MUSA line for failing on-site sewers $100 ❑ Create 3 lots or less ❑ Create over 3 lots $600+515lot 0Conditional Use Permit(CUP) l—Iota) t ❑ Single-Family Residence $325 Metes&Bounds(2 lots) _____ .$300 I] All Others $425 Consolidate Lots _._$150 0 Interim Use Permit(IUP) Lot Line Adjustment _$150 Final Plat _-.5700 ❑ In conjunction with Single-Famiy Residence..$325 (Includes$450 escrow for attorney costs)' ❑ All Others $425 'Additional escrow may be required for other applications 0 Rezoning(REZ) through the development contract. ❑ Planned Unit Development(PUD) $750 ❑ Vacation of Easements/Right-of-way(VAC).-_—.$300 ❑ Minor Amendment to existing PUD_ $100 (Additional recording fees may apply) ❑ All Others $500 0 Variance(VAR) ❑ Sign Plan Review $150 0 Wetland Alteration Permit(WAP) 0 Site Plan Review(SPR) 0 Single-Family Residence ___—_._$150 0 Administrative . i100 ❑ All Others_..._.-.....— — ---_.-•— —.$275 0 Commercial/Industrial Districts' $500 Plus$10 per 1,000 square feet of building area: ❑ Zoning Appeal_._ ( thousand square feet) --•--•--- -- 'include number of eristirgemployees 0 Zoning Ordinance Amendment(ZOA)...—._.___.5500 ';nc9ude number of new employees: ❑ Residential Districts 5500 NOTE: When multiple applications are processed co,currently. Plus$5 per dwelling unit( units) the appropriate fee shall be charged for each appl cation ❑� Notification Sign(City to install and remove) — -- $200 Property Owners'List within 500'(City to generate mer pre-application meeting) _....$3 per address ( addresses) 0 Escrow for Recording Documents(check all that apply) — $50 per document 0 Conditional Use Permit 0 Interim Use Permit 0 Site Plan Agreement ❑ Vacation 0 Variance .r❑ Wetland Alteration Permit 0 Metes&Bounds Subdivision(3 doss.) 0 Easements( easements) TOTAL FEE: Section 2: Required Information Description of Proposal: Lake Lucy Ridge HOA is seeking a permit to install a dock on Lake Lucy Property Address or Location: Lake Lucy Ridge Parcel#: 254160190 Legal Description: out lot B Total Acreage: 5.00 Wetlands Present? ®Yes ❑No Present Zoning:Single-Family Residential District(RC] Requested Zoning:.Single-Family Residential District(RSFO Present Land Use Designation: Parks/Open Space 0 Requested Land Use Designation: Parks/Open Space 0 Existing Use of Property: Trail/storm pond I open space ❑j Check box is separate narrative is attached. 1 Section 3: Property Owner and Applicant Information APPLICANT OTHER THAN PROPERTY OWNER:In signing this application.I,as applicant.represent to have obtained authorization from the property owner to file this application.I agree to be bound by conditions of approval,subject only to the right to object at the hearings on the application or during the appeal period.If this application has not been signed by the property owner,I have attached separate documentation of full legal capacity to file the application.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 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. I certify that the information and exhibits submitted are true and correct, Name: Greg McGuirk Cone, Address: 1770 Lucy Ridge Cl Phone: City/State/Zip: Chanhassen,MN 55317 Cell (773)490-1852 Email. gomogul gmailcom Fax: Signature. •9tYrDate: 1/20/17 PROPERTY OWNER:In signing this application,I,as property owner,have full legal capacity to,and hereby do. authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions,subject only to the right to object at the hearings or during the appeal periods.I wilt 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. I certify that the information and exhibits submitted are true and correct. Name: Contact: Address: Phone: Crty/State&Zip: Cell' Email Fax: Signature Date: This application must be completed in full and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application,refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements and fees. 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. PROJECT ENGINEER(d applicable) Name Contact: Address. Phone: City/State/Zip: __....-- Cell: email: Fax. Section 4: Notification Information Who should receive copies of staff reports? "Other Contact Information: © Property Owner Via: ❑Email ❑Mailed Paper Copy Name: ❑ Applicant Via: ❑Email ❑Mailed Paper Copy Address: ❑ Engineer Via: ❑Email 0 Mailed Paper Copy City/State/Zip: ❑ Other Via: ❑Email ❑Mailed Paper Copy Email: INSTRUCTIONS TO APPLICANT: Complete all necessary form tier's,then select SAVE 1-ORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing(required). ISAVE FORM I PRINT FORM SUBMIT FORM 2 Lake Lucy Ridge HOA Dock Project January 20, 2017 Applicant: Lake Lucy Ridge Home Owners Association Parcel ID: 254160190 Contact: Greg McGuirk, HOA President 1770 Lucy Ridge Ct, Chanhassen, MN Phone: 773-490-1852 Email: gomcguirk@gmail.com Project Description: The homeowners that make up Lake Lucy Ridge HOA have unanimously voted to pursue an application for a conditional use permit with the ultimate intention of gaining approval to install a seasonal dock on Lake Lucy for the enjoyment of all our Association residents. The intent is to install a dock on the southern end of the HOA property as shown in the attached site map. The dock will need to be approximately 160' long to extend through the delineated wetland and cattails. The water depth at the end of the dock, as shown on the site map, is approximately 3' (see pictures on page 7). The end of the dock will have a 25'tee with 3 canoe racks mounted to the vertical supports (see pictures on page 6). Each rack holds two canoes. There will be no powered watercraft. Aware of the surrounding current and future developments in the surrounding area, the ability to restrict non-resident access to the dock, as well as ensuring safety, has been top of mind. The plan includes the installation of a security gate (drawing attached) at an appropriate location (see map)that would prevent easily bypassing the gate. A no trespassing sign (see page 5) or similar would be attached to the security gate. Installing the boat racks behind the security gate will also help prevent damage to or vandalism to resident's watercraft. Our intent is to purchase the dock from Great Outdoors Services, LLC who will install the dock. It is our understanding that they are an experienced and professional installer well aware and conscious of the environmental impact of the installation. While the legs of the dock will penetrate the cattails, we have chosen the shortest possible path through them. Also, there is currently a 3' wide path worn through the cattails that has been used over the years to access the lake since there is no dock or other means for homeowners to access the lake. This path should heal once the dock is installed, thus leaving the cattails healthier than prior to this project. The Association and Great Outdoors Services are both aware that motorized vehicles are not permitted on the walking path and will develop an alternative plan to transport the dock sections and other construction materials to the site. Likely this will mean hand carrying or manually carting the materials. Other than the dock,there will be no other structures or services as part of this project. There is not currently, nor will there be,vehicular access to the dock or any kind of motorized boat launch. 3 Site Map Call Voile head r,,S..e.Servos 0c. + ' p . I s tv , - ts /$; Legend • 11 z .;:'?:-..1-'..>,::-'"_>..'.;::'.; . ' ircy f / Parcels W I � 4 r r:/// Delineated. etland A1 _sy x 5 g �, x i� + t�l.4 i Exishng Asphalt Path '4 ', _ _ r ,. IHfl d Pier ' i 4"flood Chip Path --, IC lislif I -';': :;It WS:1 t' ,l/i V•i ti?ill 4, i •* ti .i ,-! rkt r api ._, , ,...-.''''. gi 44; I. , ,,41,00 41 ' ilts're. -.A z I BARRY G&JENNIFER J FRIENDS f��j Example Location of ' I " Canoe Rack . r 4'x 12' .* I NNW 16Oftx4ft ! 1 ..,• . ming • 30' ,. IN , i3 wir Approximate location of `T f•. ' ^_ _ i security gate I .� r, ,.. i 4 t, f' .. J y NOTES: - .l_ 1r ' • Focus Area r wood chip path is 4 feel wide and extends from the currently existing _ asphalt path to the pier. we, , `, The main section of the pier will extend eastward from shore into the lake • -r.,_ ♦ - - and will have dimensions of 4 feel wide x 1&0 feel long. Two additional '10,.______ legions with dimensions of 20 feet long x 4 feel wide will connect to form __ ___ a"T at the end of the main pier section. Cance Rack will be boated on one of the end sections of the Pier �r �� Drawing is a schematic for illustrative purposes only. ON.Sarvp:eN.Mv.p:a, [SR/r...r—,C_•rn..I.c_ad AI let. Lake Lucy Chanhassen.Minnesota WestwoodProposed Pier, Path, & Canoe Rack N t 1 Feet Locations and Dimensions 1T rwadwrerw ...uwooda.orn p 50 Nnvnmher 14 7(11 R 4 Security Gate 0 s ';_2 s /2 x,,6YrP6. AH2! ,� i i 6Rf.1 N51.4514'.NS rar7., , !� II , / I I USE MAP Ar M Ax PART0,004.73 �. I J ii___ ♦..l ..._.-__. _.-.^ I--1281,:--1-1888 _ 1 1 O S 1 1780 SNDAE SIDE D L WA(R / / :' - _ 5.50 55,105,317 -- Y _ rsfx5.arattwt55vstAltArlawcrrrrars ' S-2/- 'S..:_.?) $51040A.04170105 NS7AaC IAf.S 1- - /SRAM;TAIT lI'Ir � r .� - N7 3)A � � ' 1 ,� 1' Ill I---',„.4. II I Il �� ,� roKd RDs, //4:J /�.S-2. Nttt4._ i f ffT MAG all 111120) j ._ -- -.6'x1,r MI Uri IA lON POST _ ArfTSS fn.,P01 1N0 i 0 - l• : -1 1 r L. I( ( ' Nlrte\\ ��\ i 00 500,5,WE C.LOOP - ', 1� f PALM WO 5-2 r: •- ( I i ) LI t. _S/ 1 /AD'AOAA 1YRIAAA.At rMMt. >fxMrm WI 1.. 1 ( .YYY• HuyEw Jw SA.3Si I.! `/ N703I I '1 CO I II VA••PARR PUrf WYY puar4r eu��WIC:H.! I 1(41311. Ns ..i nip MPO.2'1 /1 / 1141st o. s�A4N.n»<fnr II I �� II■■■ \ 1tl12T W.gtMv.Sn IM 20 t N Os.s i4:--1 r1-1 '-r1 Ii ,^�i- 1 • 5-_) ,_ys1n 6:i!,,.. S,,, =r1 b.40 _'� ` �I 'I/ 5021ST INsagOw Twat Ws*2fQC>T 4... n IIP �' M121vf N1g2wip.1- 1YJ oo rs i -' I� \ - 1s21rY B.ea.owAe...uN4Br.73n0.1 . _ W.V. re.oaMI4ao q..mase y♦�.1- [will Ar,m•,tt 151Tr0 \1p.Mes2f4wsYOw@..1140 1..111. ACCESSPAl• ( -- 1 a (Pri3tFAffA RA.'r ,c,..._pxcavl"MMNB,MMt OVOAcDsSSn• 1 /• --.IL_-- ca P24 ovEtlz4Wcorr:Smr,c io-s.+.i.. LtbEND Wog WIT'Al,DUE < PARR r(Nr -.... .w 75 RAA{AR w,A[WA6 ur 114.1Ce - _ 7- NOTF.CN@7816 N(OU'FFl1 Al TIME OF/NS 7AtiAI.UN "tees.I Ora A%m Ff;fASrO fm.w,•A;1,Crrx' 211 1442N0 I.w1. 0 -.- PRIVATE DOCK NO TRESPASSING 5 n Great Outdoors Services,LLC . 18480 Country Squires Circle t ,F - ~.. . Prior Lake,MN 55372 `_ -- ' - . (612)470-3625 tpope@greatoutdoorsservices.com ''7- ` IBlmlli IXT000 S(U.\T XOOMLIFTS www.611EAT0UiD00RSS[IYIC[S.COY AIN URM I FU UDN n„Ipumn 1411111•KWILL•LIIS•SNnet•luta SN\1ct ,..,a, . ESTIMATE ADDRESS ESTIMATE# 1004 John Butcher DATE 11/30/2016 6915 Lucy Ridge Lane Chanhassen, MN 55317 SALES REP Trevor riATE AM's,,`,? ShoreMaster RS4 Dock 4'x 10'Sections with Maintenance 20 1,152.00 23,040.00T Free Flow Through Decking Security Gate w/Keypad Entrance,for ShoreMaster Dock 1 3,995.00 3,995.00T Application Delivery&Installation 1 500.00 500.00T Discounts&Savings from Great Outdoors 1 -3,045.00 -3,045.00T Thank you for the opportunity to work with you and your Lakefront SUBTOTAL 24,490.00 Association. We look forward to hearing back from you,and+et us TAX(7.125%,) 1,744.92 know If there Is anything you want to add or take away,and we will be TOTAL $26,234.92 glad to help. Thanks again. Accepted By Accepted Date pr% ' 1 - o 2 r- 6 11111111 ' -'1".- VLV6,401 . _ 4 1.11 30 31 :14 35 3ti 37 35 311 40 • 7 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. YES (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." NO STRUCTURES PLANNED (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. NONE (4) No recreational beach lot shall be used for overnight camping. NONE (5) Boat launches are prohibited. NO LAUNCHES PLANNED (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. ONLY NON-MOTORIZED BOATS (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: ONLY 1 DOCK 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. CROSS BAR IS 25' (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. LOCATION OF DOCK WILL BE MORE THAN 15' OUTSIDE OF SET BACK ZONE (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. NO MOORING PLANNED (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. 8 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. NO SWIMMING AREA PLANNED (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: OK 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. OK (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. ATTACHED (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: NA 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. 9 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. ATTACHED 2. Site plan showing proposed location of chemical toilets. NA 3. Name, address, and phone number of chemical toilet supplier. NA 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. NA 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. NA (18) No watercraft or boat lift shall be kept, moored, docked, or stored in the dock setback zone. NONE (19) Gazebos may be permitted on recreational beach lots subject to city council approval and the following standards: NONE 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) 10 Sec. 20-109. -Applications. Application for a site plan review shall be made to the city planner on forms provided by the city and shall be filed 30 days in advance of the planning commission meeting, at which it is to be considered. Prior to filing an application for site plan review,the applicant shall attend a conference with city staff.The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance on the general merits of the proposal and its conformity to the provisions of the comprehensive plan and the City Code before incurring substantial expense. Incomplete or deficient applications shall not be scheduled for a meeting unless the community development director has determined that official action is warranted. The application shall also include: (1) Evidence of ownership or an interest in the property; COMMPLETE (2) The application fee; COMMPLETE (3) Complete site plans, signed by a registered architect, civil engineer, landscape architect or other design professional, to include the following. BASIC SITE PLAN ATTACHED (4) General: a. Name of project. ✓ b. Name, address and telephone number of applicant, engineer, and owner of record. ✓ c. Legal description (certificate of survey will be required). ✓ d. Date proposed, north arrow, engineering scale, number of sheets, name of drawer. I e. Vicinity map showing relationship of the proposed development to surrounding streets, rights-of-way, easements and natural features. I f. Description of intended use of the site, buildings and structures, including type of occupancy and estimated occupancy load. I g. Existing zoning and land use. h. Tabulation box indicating: NA 1. Size of parcel in acres and square feet. 2. Gross floor area of each building. 3. Percent of site covered by building. 4. Percent of site covered by impervious surface. 5. Percent of site covered by parking area. 6. Projected number of employees. 7. Number of seats if intended use is a restaurant or place of assembly. 8. Number of parking spaces required. 9. Number of parking spaces provided including handicapped. 10. Height of all buildings and structures and number of stories. 11. Breakdown of the building area allocated for specific uses, e.g., manufacturing, office, retail, showroom, warehouse, etc. (5) Site and building plan: NA a. Property line dimensions, location of all existing and proposed structures with distance from boundaries, distance between structures, building dimensions and floor elevations. 11 b. Grading and drainage plans showing existing natural features (topography, wetlands, vegetation, etc.), as well as proposed grade elevations and sedimentation and stormwater retention ponds. Plans shall include runoff and storage calculations for ten-year and 100- year events. If stormwater is proposed to be routed to existing stormwater ponds, documentation shall be provided to demonstrate that the downstream pond is sufficient to accommodate the additional stormwater. c. All existing and proposed points of egress/ingress showing widths at property lines, turning radii abutting rights-of-way with indicated centerline, width, paving width, existing and proposed median cuts, and intersections of streets and driveways. d. Vehicular circulation system showing location and dimension for all driveways, parking spaces, parking lot aisles, service roads, loading areas, fire lanes, emergency access (if necessary), public and private streets, alleys, sidewalks, bike paths, direction of traffic flow and traffic-control devices. e. Landscaping plan in accordance with the provisions of article XXV. f. Location, access and screening detail of trash enclosures. g. Location and screening detail of rooftop equipment. Screening shall be provided from the perspective of a point six feet high at all adjacent property lines or from a distance of 250 feet, whichever is greater. h. Location and detail of signage including method of lighting, height, width, sign display area, etc. i. Lighting location, style, mounting and photometrics. j. Building elevations from all directions indicating materials and colors. Interior floor plans may be required. k. Utility plan identifying size and direction of existing water and sewer lines, fire hydrants, distance of hydrant to proposed building. I. List of proposed hazardous materials, use and storage. m. Proposed fire protection system. n. Such other information as may be required by the city. o. Photocomposite images, artistic renderings, or site elevations which depict the visual impact of the proposed development's design, landscaping, street layout,signage, pedestrian ways, lighting, buildings, or other details that affect land use within the city shall be submitted. Such images and renderings shall be from key vantage points and provide an undistorted perspective of the proposed development from abutting properties, less intensive land uses, and/or from entryway locations. Photorealistic imaging or renderings are the appropriate level of resolution. (6) Within the HC districts, the application shall also include: NA a. Building elevations from all directions, indicating materials, colors and landscaping at installation. b. Building and site views from Highway 5, the appropriate access boulevard (north or south of Highway 5), and any other appropriate arterial or collector roadways. c. Site views showing the relationships of the proposed building or development to adjacent development, including buffered areas. d. Drawings of all significant or atypical site features, such as unusual landscaping, manmade water features other than retention ponds, outdoor sculpture, or other large-scale artwork and other uncommon constructs. e. Sample building materials. 12 f. Sample paving materials, upon the city's request. (7) Within the BCO district, the application shall also include: NA a. Identified boundaries of the primary zone and secondary zone on a drawing depicting existing conditions and on a site plan depicting the proposed development pattern. b. Calculations and/or drawings that identify the allowable density(number of units or building coverage) under this Code, including lands lying in the primary and secondary zone. Calculation of allowable density shall specifically exclude lands classified as bluffs, floodplains and designated wetlands. Calculation of allowable impervious cover may include bluffs and floodplains but shall specifically exclude designated wetlands. (Ord. No. 119, 2-12-90; Ord. No. 203, § 2, 5-9-94; Ord. No. 212, § 4, 7-11-94; Ord. No. 286, § 6, 12-14-98; Ord. No. 315, § 1, 3-26-01; Ord. No. 377, § 15, 5-24-04; Ord. No. 474, § 3, 10-13- 08) 13 Sec. 20-920. -Structures, boats and waterways. (a) Exemption. This article does not apply to any lakeshore property owned or leased by the city. (b) Nonconforming docks. (1) Permanent docks existing on July 11, 1983, and which do not comply with the structure limitations set forth in this article, shall be deemed to be nonconforming uses. Seasonal docks utilized by privately owned commercial resorts or commercial boat landings prior to July 11, 1983, and which do not comply with the structure limitations set forth in this article shall also be deemed to be nonconforming uses. (2) No nonconforming dock shall be enlarged or altered or increased, or occupy a greater area than that occupied by such dock on September 7, 1983, or on the effective date of or any amendment to this article. A nonconforming dock shall not be moved to any other part of the lakeshore site upon which the same is erected unless it is relocated in such a manner as to conform to the dock setback zone requirements of this chapter. Any nonconforming dock which is partially or totally destroyed by any cause may be restored to its former use and physical dimensions, if the restoration is completed within one year of its partial or total destruction. Maintenance and necessary structural repairs of a nonconforming dock are permitted provided that any such maintenance or repairs do not extend, enlarge or intensify such dock. (3) All docks must conform to dock setback requirements. ✓ (c) 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. ✓ (d) Construction and maintenance generally. Docks, 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 workman-like manner. ✓ (e) Docks. (1) No more than one dock shall be permitted on any lakeshore site. ✓ (2) No dock shall exceed six feet in width and no dock shall exceed the greater of the following lengths: ✓ a. 50 feet; or b. The minimum straight-line distance necessary to reach a water depth of four feet. (3) The width (but not the length)of the crossbar of any dock shall be included in the computation of length described in the preceding sentence. The crossbar of any such dock shall not measure in excess of 25 feet in length. No dock shall encroach upon any dock setback zone; provided, however, that the owners of any two abutting lakeshore sites may erect one common dock within the dock setback zone appurtenant to the abutting lakeshore sites, if the dock is the only dock on the two lakeshore sites and if the dock otherwise conforms with the provisions of this chapter. ✓ (4) No person shall store fuel upon any dock. ✓ (5) No oscillating, rotating, flashing or moving sign or light may be used on any dock. ✓ (6) No advertising signs shall be displayed from any dock. ✓ 14 (7) Access across wetlands shall be subject to the standards set forth in section 20-405. Docks I shall be elevated a minimum of six to eight inches above the ordinary high water elevation. (f) Mooring, docking, etc., of watercraft. (1) Except for privately owned commercial resorts or commercial boat landings established prior to July 11, 1983, no person shall moor overnight, dock overnight, or store overnight, more than three watercraft on any lakeshore site or upon the waters of any lake. Docking of watercraft at any lakeshore site or storage of watercraft upon any lakeshore site is permissible however at any time other than overnight. I (2) No watercraft shall be moored or docked overnight on the water of any lake unless it is currently registered pursuant to M.S. ch. 86B, either in the name of the owner of the lakeshore site in from of which the watercraft is moored or docked, or in the name of a blood relative of the owner. ✓ (3) Except as provided in subsection (f)(2) above, no watercraft or boat lift shall be kept, moored, docked or stored in the dock setback zone. ✓ (g) Swimming rafts, ski jumps, diving towers, etc. ✓ (1) Swimming rafts may only be located directly in front of a lakeshore site owned by the raft owner or with the written approval of the owner of the lakeshore site. All swimming rafts shall meet the minimum standards in this subsection. Their size shall not exceed 144 square feet. Swimming rafts shall project over the water surface not less than one foot and not more than five feet, measured vertically, above the surface of the lake. Swimming rafts shall not be located in areas with a depth of less than seven feet. Swimming rafts shall be reflectorized as provided in subsection (g)(2). Their distance from the ordinary high water mark shall not exceed 100 feet. (2) Swimming rafts, ski jumps, diving towers and other structures surrounded by the waters of any lake, whether floating or on posts, shall be lighted with a light visible in all directions, or have attached thereto, sufficient reflectorized material so as to reflect light in all directions.The material shall be capable of retaining 80 percent of its dry weather reflective signal strength when wet. (h) Fueling facilities. Installation of fueling facilities on docks, moorings and other structures shall be prohibited. Any fueling facilities which were in active use prior to September 7, 1983, shall be deemed to be nonconforming uses. No such nonconforming fueling facility shall be enlarged or altered or increased or occupy a greater area than occupied on September 7, 1983. Any nonconforming fueling facility which is partially or totally destroyed by any cause, may be restored to its former use and physical dimension if said restoration is completed within one year of its partial or total destruction. Maintenance and necessary structural repairs of a nonconforming fueling facility are permitted provided that any such maintenance or repairs do not extend, enlarge or intensify such fueling facility. NA (i) Removal of seasonal docks, moorings, etc. All seasonal docks, moorings, and other structures shall be removed from the lake before November 1 of each year. All nonconforming structures, except legally nonconforming docks and swimming rafts, once removed may not be returned to the lake. Legal nonconforming moorings, docks and swimming rafts, e.g., the "Carver Beach"raft, may be returned to the lake. NA (j) All structures shall comply with the department of natural resources regulations. ✓ (Ord. No. 483, § 1, 8-10-09) 15 Minnesota Wetland Conservation Act Notice of Decision [Lcal Government Unit(LGU) Address City of Chanhassen 7700 Market Blvd.,PO Box 147 Chanhassen,MN 55317 1.PROJECT INFORMATION Applicant Name Project Name Date of Application Lake Lacy Ridge HOA Lake Lucy Ridge HOA Outiot Application Number 10/5/16 2016-11 ®Attach site locator map. Typc of Decision: 1 ®Wetland Boundary or Type 0 No-Loss ❑Exemption 0 Sequencing 0 Replacement Plan ❑Banking Plan Technical Evaluation Panel Findings and Recommendation(if any): Approve ❑Approve with condition ❑Deny Summary(or attach): 2.LOCAL GOVERNMENT UNIT DECISION Date of Decision: 10/31/16 Approved 0 Approved with conditions(include below) ❑ Denied LOU Findings and Conclusions(attach additional sheets as necessary): • BWSK Forma 7-1-10 page i of 3 I .Westwood Professional Services,on behalf of the Lake Lucy Ridge Homeowner's Association, delineated approximately 400 feet of riparian wetland adjacent to Lake Lucy. The propose of the delineation was as due diligence for the forthecoming request of designation as a beach lot under Chanhassen City code for the placement of a dock and perhaps other structures such as a canoe rack. The delineation was performed on September 12,2106. The application was received on 9/27/16 and found to be complete and noticed on 10/5/16. Thc delineation identified one wetland. The delineated wetland boundary was classified as a Type 2 wetland(PEM 1 B)with some areas of Type 3(PEM 1 C)wetland. The interior of the wetland,though not sampled,gives way to a more permanent hydrologic regime(PEMF)and then to the deep water habitat of[.ake Lucy. Terry Jeffery of Chanhassen field reviewed the delineation on 10/11/16 and found the flags to accurately refelect the wetland boundary. Based upon the report provided,available remote sensing data,and a site visit Chanhassen,as the 1_(ill responsible for administration of the WCA finds the wetalnd boundary and type determination accurately reflects real conditions. For Replacement Plans using credits from the State Wetland Bank: Bank Account# Bank Service Area ' County Credits Approved for 1 Withdrawal(sq.ft.or nearest .01 acre) Replacement Plan Approval Conditions. In addition to any conditions specified by the LGU, the approval of a Wetland Replacement Plan is conditional upon the following: ❑Financial Assurance:For project-specific replacement that is not in-advance,a financial assurance specified by the LOU must be submitted to the LGU in accordance with MN Rule 8420.0522,Subp.9 (List amount and type in LOU Findings). 0 Deed Recording:For project-specific replacement,evidence must be provided to the LGU that the BWSR "Declaration of Restrictions and Covenants"and "Consent to Replacement Wetland"forms have been filed with the county recorder's office in which the replacement wetland is located. ❑Credit Withdrawal:For replacement consisting of wetland hank credits,confirmation that BWSR has withdrawn the credits from the state wetland bank as specified in the approved replacement plan. Wetlands may not be impacted until all applicable conditions have been met! LGU Authorized Signature: Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255, t Subp.5 provides notice that a decision was made by the LGU under the Wetland Conservation Act as specified above. if additional details on the decision exist,they have been provided to the landowner and arc available from the LGU upon request. Name Title Terry Jeffery,WDCP#1116 Water Resources Coordinator S' .. Date Phone Number and E-mail 11/2/16 952.227.1168 () _ tjcffery@ci.chanhasaen.mn.na 1. 1 h [O► ) a • ' . HL M1NNLSO'IA WETLAND CONSERVAT10J1 ACT, Additional approvals or permits from local, state, and federal agencies may be required. Check with all appropriate authorities before commencing work in or near wetlands. BWSR Forms 7.1-10 Page 2 of 3 1/ Applicants proceed at their own risk it work authorized by this decision is started before the time period for appeal(30 days)has expired.If this decision is reversed or revised under appeal,the applicant may be responsible for restoring or replacing all wetland impacts. This decision is valid for three years from the date of decision unless a longer period is advised by the TEP and specified in this notice of decision. 3.APPEAL OF THIS DECISION Pursuant to MN Rule 8420.0905,any appeal of this decision can only be commenced by mailing a petition for appeal,including applicable fee,within thirty(30)calendar days of the date of the mailing of this Notice to the following as indicated: Check one: 0 Appeal of an LGU staff decision. Send 0 Appeal of LOU governing body decision. petition and S�7S fee(if applicable)to: Send petition and$500 filing fee to: Todd Gerhardt,City Manager Executive Director City of Chanhassen Minnesota Board of Water and Soil Resources 7700 Market Blvd 520 Lafayette Road North Chanhassen,MN 55317 St.Paul,MN 55155 4.LIST OF ADDRESSEES ® SWCI)TLP member:Aaron Fiske ® BWSR TEP member:Ben Meyer O LGU TEP member(if different than LOU Contact): ® DNR TEP member:Becky Horton ® DNR Regional Office(if different than DNR TEP member) WI)or WMO(if applicable):Claire Bleser,RPBCWD Applicant and Landowner(if different) Members of the public who requested notice: Kristine Maurer,Wertwood Professional Services ® Corps of Engineers Project Manager ❑ BWSR Wetland Bank Coordinator(wetland bank plan decisions only) 5.MAILING INFORMATION >For a list of BWSR TEP representatives:Eww,bwsr.staet.mr:.uslabcxrtbwsriworkarcas/WVCA areas,p¢f ➢For a list of DNR TEP representatives:www.bwsr.state.mn,us/wetlands`wca/DNRJEP contactspdf >Department of Natural Resources Regional Offices: Win: C.entrjl Region' ,Oen Region: Reg.Env.A/WWM Fcol. Reg.Env. Assess.Ecol. Reg.Env.A.+c.s, Reg Env Assess. t•col. Div.Ecol.Resources Div.Ecol.Resources Ecol. Div.Ecol.Resources 2115 Birchmont Beach Rd. 1201 E.Hwy.2 Div.Fool.ReSOUTICAS 261 Hwy. 15 South NE Grand Rapids,MN 1200 Warner Road New Ulm.MN 56073 Bemidji,MN 56601 n 55744 St.Paul,MN 55106 For a map of DNR Administrative Regions,see:http:/lfilcs.dn,statc.mn,usiabQutdnr/dar yuipjaLprlf For a list of Corps of Project Managers:www.mvp.usacc.anny.rail/rcgulatory'dcfa:ilt.asp?pagcid-6Q7 or send to: US Army Corps of Engineers St.Paul District,ATM:OP-R 180 Filth St.East,Suite 700 St.Paul,MN 55101-1678 BWSR Forms 7-1-10 Page 3 of 3 18 >For Wetland Bank Plan applications,also send a copy of the application to: Minnesota Board of Water and Soil Resources Wetland Bank Coordinator 520 Lafayette Road North St.Paul,MN 55155 6.ATTACHMENTS In addition to the site locator map,list any other attachments: ® Site Location Map LJ Approved Delineation Boundary(Figure 4 from Weitwood report) HWSR Forme 7-1-10 Pae 4 of 3 19 ., ,m::::•41,1-.;:: *2=j1, -iliitP4M,7 ;," a.- Ir co ,11,1+,511!,‘,..4............ •,i.::.if,- TA 1-'31*b'f1f.:,:1..;-.7. ,;;i':';;111 :.'VI IN.,.. •N ;-,i-';.4-.:4p:I..rAir ',.2 _ __.2....:,\.,..- .., ...::::: • ::..,,,,... .•.....„..1.0. 1 Nay, , 1 - 1 ie • 6 "leir.„„ai.-',;!4-f:'-...;-::•::.‘,.., y:',;.1-t; :..7; .3',16,y„, ._ ! - 4..;;;;;:.;,_,.!: :,r-,. .,,-.:7:-...--.„ -4, ,, 'ir iv ••'' .a67511.P"' !..-'? 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''':.: '.:' ---- , ___- Document No. OFFICE OF THE Document No. OFFICE OF THE A 384320 I COUNTY RECORDER T 145550 REGISTRAR OF TITLES rL II I CARVER COUNTY,MINNESOTA g CARVER COUNTY,MINNESOTA �1�1V�d �D� ��I Fd rip Fee:$ 20.00 Chad.* 9819 Nn !m�� 1 Check tt 105996 ee III, .I 11111111+ 1�I li Cert.it 30877 vd 00 Page 00 Codified fled and recorded 04104_19. et 09:30 AMD PM Certified and filed on 04192004 al 09.00 ireci AM ❑PM 2004-04-19 J� ��tlnty•:�.k. CadWHa rTintl ar. 11111112e64411111111 11111111111111111111 Registrar d Trtlea ordmr prrpew GRANT OF PERMANENT TRAIL EASEMENT DENALI CUSTOM HOMES, INC, a Minnesota corporation, hereinafter referred to as "Grantor",in consideration of One Dollar(s)($1.00)and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,do(es)hereby grant unto the CITY OF CHANHASSEN,a municipal corporation organized under the laws of the State of Minnesota,the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public trailway purposes over,across,on,under,and through land situated within the County of Carver,State of Minnesota,as described on the attached Exhibit"A". INCLUDING the rights of the City, its contractors, agents, servants, and assigns. to enter upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public trailway systems over,across,on,under, and through the easement premises, together with the right to grade,level,fill,drain,pave,and excavate the easement premises,and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location,construction,and maintenance of said public trailway systems. The above named Grantor,for itself,its successors,heirs,and assigns do covenant with the City, its successors and assigns, that it is well seized in fee title of the above described easement 87697 I CHAN:FORM TrillEae®ear SRN-OrAEVkri� 21 premises; that it has the sole right to grant and convey the easement to the City;that there arc no ururcorded interests in the easement premises;and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantor hereto have signed this agreement this day of_Ar ( 2004. GRANTOR(S): DENALI CUSTOM HOMES,INC. • David Bicker,President STATE OF MINNESOTA ) /� (ss. COUNTY OF L G Ne r ) The foregoing instrument was acknowledged before me this i 5 day of 1 ,2004,by David Bicker,the President of Denali Custom Homes,Inc..a Minnesota Corporation �► �� / NOTARY PUBLIC ry .(REBECCA M.SCHURMtANN j.�j i %C.O.i a..:IC.uiHw[eorA DRAFTED BY: 1�1�(■['�'7 e.a,��,••s+ 700° Wesel.tUvrsca4 .+>C " PM/MI/Mai Auocivion 317 F.7Bandak Office Canter 1360 Corportiion Caller Curve Eagan.Mmueseta 55121 Te,eptxxe(651)452.5000 SRN.= CHAN:FORM 67697 2 Tail t�.aoe.t SRN 07/1/10) 22 . , Y EXHIBIT"A" TO GRANT OF PERMANENT TRAIL EASEMENT TRAIL EASEMENT DESCRIPTION A 10.00 foot permanent easement in Lot 2, Block 3, Lake Lucy Ridge, Carver County, Minnesota, for trail and trail maintenance purposes located southwesterly of the following described line: Beginning at the northerly most point of said Lot 2;thence South 41 degrees 36 minutes 39 seconds East,assumed bearing,along the northeasterly line of said Lot 2 a distance of 63.54 feet to a point of deflection;thence South 51 degrees 06 minutes 19 seconds East along the northeasterly line of said Lot 2 a distance of 89.77 feet to the easterly most point of said Lot 2,and there terminating. 04411F1 COUNTY ABSTRACT i TIRE co,at �. r:'Ct. I r •06 CMA-v.r.,Illi 5671$ C1LAN FORM I7697 3 Trail E c SRN-07/16000 23 Document No OFFICE OF THE OFFICE OF THE REGISTRAR OF TITLES Document No COUNTY RECORDER T 131892 CARVER COUNTY,MINNESOTA n A3333112 CARVER COUNTY,MINNESOTA 111111i Et_ rlNu Ce 299 Vol 92 Pege 55 II�III 1111111 Y FilingFee$2000Cheddl10559Certified end 61edon 12-06.2002 et 11 30 AMD PM 1II1IIIttU1JImIiI1-01IU11 CatiRegWistraHarofilWniejef CII�eCertifiedhIIedIIhled and recorded oIIn1II2IIOIIfIII2002II at 11 30 AD P M c.oyntyRa er u • CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES,MINNESOTA WEI7 AND ALTERATION PERMIT#2001-3 1. Permit Subject to the terms and conditions set forth herein,the City of Chanhassen hereby grants a wetland alteration permit for the following use Wetland Alteration Permit to fill 4,580 square feet of wetland 2 Properly The permit is for property situated in the City of Chanhassen,Carver County, Minnesota,and legally described as Lake Lucy Ridge 3 Conditions The permit is issued for Lake Lucy Ridge as shown on the plans dated received February 19,2001 and subject to the following conditions. a Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act(MR 8420) b The plans shall show a fixed photo monitoring point for the replacement wetland A five-year wetland replacement monitoring plan shall be submitted The applicant shall provide proof of recording of a Declaration of Restrictions and Covenants for Replacement Wetland The City shall approve a wetland replacement plan prior to wetland Impacts occumag. c. Wetland buffer areas shall be preserved unless otherwise approved by the City All disturbed buffer areas shall be revegetated with native,non-invasive vegetation Buffers shall be surveyed and staked in accordance with the City's wetland ordinance 'The applicant shall install wetland buffer edge signs,under the direction of City staff,before construction begins and shall pay the City$20 per sign d All structures shall maintain a 40-foot setback from the edge of the wetland buffer e Drainage and utility easements shall be provided over all existing wetlands,wetland mitigation areas and storm water ponds 24 f Type III silt fence shall be provided adjacent to all wetland fill areas,arras to be preserved as buffer or,if no buffer is to be preserved.at the delineated wetland edge g Any disturbed wetland areas shall be reseeded with MnDOT seed mix 25 A.or a similar seed mix that is approved for wetland soil conditions h The applicant shall apply for and obtain permits from the appropnate regulatory agencies(c g,Riley-Purgatory-Bluff Creek Watershed District,Army Corps of Engineers)and comply with their conditions of approval 4 TtmmnatinanfEerrnit The City may revoke the permit following a public hcanng for violation of the terms of this permit 5 dsfsse If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced,this permit shall lapse,unless an extension is granted in accordance with the Chanhassen Zoning Ordinance G. f nnunal Penalty Violation of the terms of this conditional use permit is a cnmmal musderneanor Dated May 2R 21102 CITY OF CHANHASSEN • La.. Jansen"(. S[P1. All I By i Todd Gerhardt,City Manager STATE OF MINNESOTA ) (is COUNTY OF CARVER ) 'Me foregoing instrument wit:*aAuw,i kd$txt lic(i„c nc Um Zeklay.,f2002. by Linda C Jansen,Mayor and Todd Gerhardt,City Manager,of the City of Chanhassen, Minnesota municipal corporation.on behalf of the corporation and pursuant to authonty granted by its City Council 411... 411114.,firs9A fi A-44.9,7coPublic� DRAFTED BY Cas e/ibc�l •r City of Chanhassen 1,39OCae''rk<oe4-l,,,i,ir " K1REN.i (JfutibUN9i P 0 Box 147 i7/7r/ t...,,S y pUpi c•sAimasca Chanhassen,MN 55317 ,i/.L 55/7 2 tco„rr„ .,yp in f310005 VVV WI YVVYYV 25 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I,Kim T. Meuwissen,being first duly sworn, on oath deposes that she is and was on February 9, 2017,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 request for a conditional use permit and a wetland alteration permit for the creation of a 5-acre recreational beach lot for the Lake Lucy Ridge Subdivision Residents. The request includes a private seasonal dock serving non-motorized watercraft and a canoe rack for six vessels. The site is located south of Lake Lucy Road, on the northwest corner of Lake Lucy 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. Kim T Meuwissen, Deputy er Subscribed and sworn to before me this °I— day of -PloylAc , 2017. J "1'4r4tt JENNIFER ANN POTTER e 3` �`�� Notary Public-Minnesota POl4" +; N`� My Commission Expires Jan 31,2020 tary Public t C U) O «.. al'ff N U) N a, .Lo.oT -o' o ca p O O ."U) O Cl)a 'u) O 7 ."C--• t O O CO _ r m o m E o -O L ate,-;-mo d c 4- "O 7 7 O N O > Y Q - O F r "C m n °- oEE E° '5° o' m O 0) O J O t N .-; U) c C (0 = 0) • O 0) •5•01',' m E 'a 8 . 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O (a 3 2 p) N N Nom..• U C t C= v_) O O a,r t D m o�c co_ ro ii o m y aD, m t o C m 'c - p N , O U O O U .0 U) C (0 C 0) U t0 CO 0 0 3 E p Q 0 ,t co a 2 s E-o `E°`. a>,m m:9 @ o c a) f0 a) C U U •> p E J to O °cr a).-. > as •C + N 0) t 7 ' O O O E C C E E 0 m E-' E c 2 E m m u m m ++ d 0) O C fa O 0 C O U) a U) �'U C U • lCC OQ N `� > ,Q O • a m E E c m m a° E o a E L a- Q- = R Cl) Q•C = Ti a) - C 'C N E o o_N x m o m a-E "-' a Z (O/) C U O L J (6 `c- U J £ Q: ,1-by Taxpayer Name ;Taxpayer Address Taxpayer City-State-Zip KATHRYN KENYON RANDALL 1571 LAKE LUCY RD EXCELSIOR,MN 55331-9022 JOSEPH J&D GAYLE MORIN 1441 LAKE LUCY RD CHANHASSEN,MN 55317-8405 CATHERINE ANNE SWANSON 6855 RUBY LN CHANHASSEN,MN 55317-7592 ROBERT C&SUSAN J DAHLIN .6865 RUBY LN CHANHASSEN,MN 55317-7592 EDNA VASSILOVSKI 37 HIGH ROCK RD WAYLAND,MA 01778-3607 JONATHAN D HENDRICKS 6885 RUBY LN CHANHASSEN,MN 55317-7592 ANDREWS FAMILY TRUST 6895 RUBY LN CHANHASSEN,MN 55317-7592 ASHLING MEADOWS HOMEOWNERS 7100 MADISON AVE W GOLDEN VALLEY,MN 55427-3602 JAMES F&CLAUDETTE G SCHLUCK 6800 UTICA TER CHANHASSEN,MN 55317-9557 ROBERT H LONG 6830 UTICA TERR ICHANHASSEN,MN 55317-9557 RONALD&MARY KNUDTEN JT REV TRUST 6850 UTICA TERR CHANHASSEN,MN 55317-9557 PATRICK A MOHR 6890 UTICA TER CHANHASSEN,MN 55317-9557 GLORIA J&DALE E CARLSON 16900 UTICA LN CHANHASSEN,MN 55317-9201 DARYL WEISPFENNIG 6930 UTICA LN CHANHASSEN,MN 55317-9201 BARRY G DALLAVALLE 6960 UTICA LN CHANHASSEN,MN 55317-9201 WILLIAM D LAMBRECHT '6990 UTICA LN CHANHASSEN,MN 55317-9201 TIMOTHY HOWARD MCCOTTER 7000 UTICA LN CHANHASSEN,MN 55317-9214 MICHAEL L&KRESSIN B KRAUSE TRUSTS 7050 UTICA LN CHANHASSEN,MN 55317-9214 SCOTT E&TAMARA G SATHER 17090 UTICA LN CHANHASSEN,MN 55317-9214 ROCKFORD R WALDIN 7100 UTICA LN ,CHANHASSEN,MN 55317-9528 KREG Z&LISA J LEVINE 1850 LAKE LUCY RD EXCELSIOR,MN 55331-9078 ALAN K PETERSON 1831 LAKE LUCY LN EXCELSIOR,MN 55331-6504 MERLE W&DIANE M STEINKRAUS 1800 LAKE LUCY RD EXCELSIOR,MN 55331-9078 JERRY REUEL GILL 1760 LAKE LUCY RD EXCELSIOR,MN 55331-9025 PATRICK V JOHNSON _ 1730 LAKE LUCY LN EXCELSIOR,MN 55331-6501 WILLIAM R&PAMELA G ASPLIN 11665 STELLER CT EXCELSIOR,MN 55331-9080 PHILIP R THIESSE . STELLER CT EXCELSIOR,MN 55331-9080 ALAN ROBERT&MARY E WEINGART 1685 STELLER CT EXCELSIOR,MN 55331-9080 BO ANDERSEN 1695 STELLAR CT EXCELSIOR,MN 55331-9080 ALLEN L&BARBARA J FINSTAD 1701 STELLER CT EXCELSIOR,MN 55331-9080 GORDON A MEDEIROS JR 6820 LUCY RIDGE LN CHANHASSEN,MN 55317-7597 BRIAN C&DONNA M STRAUSS 6840 LUCY RIDGE LN CHANHASSEN,MN 55317-7597 WILLIAM&LISA ROTHSCHILD 6860 LUCY RIDGE LN CHANHASSEN,MN 55317-7597 JEFF CANNON 1810 EMERALD LN CHANHASSEN,MN 55317-7596 ANGELO J&CARA L GALIOTO 1805 EMERALD LN CHANHASSEN,MN 55317-7596 TIMOTHY J HEIL 6900 LUCY RIDGE LN CHANHASSEN,MN 55317-7599 JEFFREY F NEICHIN 1790 LUCY RIDGE CT CHANHASSEN,MN 55317-7661 DONOVAN J LOHRENZ 1780 LUCY RIDGE CT CHANHASSEN,MN 55317-7661 GREG MCGUIRK 1770 LUCY RIDGE CT CHANHASSEN,MN 55317-7661 MARK A&JACQUELINE D PHILLIPS REV TRUST 1760 LUCY RIDGE CT CHANHASSEN,MN 55317-7661 BRIAN M SCHLICHTER 1750 LUCY RIDGE CT CHANHASSEN,MN 55317-7661 CHRISTOPHER R ZAETTA 1795 LUCY RIDGE CT CHANHASSEN,MN 55317-7661 PER ULFSON&MOLLY M LAGERBACK 6875 LUCY RIDGE LN CHANHASSEN,MN 55317-7598 KRISTIN S LENK REV TRUST 6895 LUCY RIDGE LN CHANHASSEN,MN 55317-7598 JOHN J BUTCHER 6915 LUCY RIDGE LN CHANHASSEN,MN 55317-7661 BARRY G&JENNIFER J FRIENDS 6935 LUCY RIDGE LN CHANHASSEN,MN 55317-7599 LAKE LUCY RDG HOMEOWNERS ASSN 8315 PLEASANT VIEW DR 'MOUNDS VIEWN,MN 55112-6139 BRIAN J&DENISE A CARNEY '6566 SHADOW LN CHANHASSEN,MN 55317-9375 LARRY A&HEIDI A NURSE 6249 COLE AVE CARMICHAEL,CA 95608-4512 BRYAN D MCCOSKEY 6720 POINTE LAKE LUCY CHANHASSEN,MN 55317-8434 CHRISTOPHER J LIWIENSKI 6721 POINTE LAKE LUCY CHANHASSEN,MN 55317-8434 GLENN A MCPHEE 6715 POINTE LAKE LUCY CHANHASSEN,MN 55317-8434 PRINCE R NELSON 7801 AUDUBON RD I CHANHASSEN,MN 55317-8201 DENNIS E&SUSAN J SCHEPPMANN 6740 LAKEWAY DR CHANHASSEN,MN 55317-7579 MATTHEW L&SUZANNE C WOODS 6745 LAKEWAY DR CHANHASSEN,MN 55317-7579 ANTHONY D&GRETCHEN A ROEPKE 4646 KILDARE RD MOUND,MN 55364-1859 Al-Jaff, Sharmeen From: Candice M. Kantor <CKantor@barr.com> Sent: Wednesday, February 15, 2017 8:20 AM To: Al-Jaff, Sharmeen Cc: Scott Sobiech; Claire Bleser (cbleser@rpbcwd.org); Candice M. Kantor Subject: RPBCWD Preliminary Review of Lake Lucy Ridge HOA Beachlot Project RPBCWD has reviewed the preliminary information provided for the Lake Lucy Ridge HOA Project. Based on the information provided, it appears that the project plans to install a dock on Lake Lucy and will involve less than 50 cubic yards or 5,000 square feet of land disturbing activity.This would be considered placing a structure in contact with the bed of a public water, which is not regulated by RPBCWD.A permit may be required from the MN DNR for the installation of the dock. If the project will disturb more than 50 cubic yards or 5,000 square feet of land, an application must be provided to RPBCWD and permits from RPBCWD may be required including but not limited to erosion and sediment control, wetland buffers, shoreline and streambank stabilization, and stormwater management.A shoreline and streambank stabilization permit from RPBCWD will be required if a sand blanket is installed at the site. Please contact me or Scott Sobiech (952-832-2755) with any additional questions. Candice M. Kantor, PE Water Resources Engineer Minneapolis, MN office: 952.832.2868 cell: 989.289.3048 ckantor@barr.com www.barr.com resourceful. naturally. BARR 1 Al-Jaff, Sharmeen From: Al-Jaff, Sharmeen Sent: Tuesday, February 21, 2017 6:11 PM To: Al-Jaff, Sharmeen Subject: FW: Re Case 2017-04 Lake Lucy Ridge Recreational Beach Lot From: Barry Dallavalle [mailto:barry.dallavalle@gmail.com] Sent:Thursday, February 16, 2017 11:01 AM To:Al-Jaff, Sharmeen Cc: Scott Sather Subject: Re: Re Case 2017-04 Lake Lucy Ridge Recreational Beach Lot Thank you, Sharmeen, for the quick and complete response! All good! More power to you on the recommended condition of approval. I'll look for the staff report posting and let you know if we have any additional comments. And look forward to meeting you next week! Thank you, Barry From:Al-Jaff, Sharmeen Sent:Wednesday, February 15, 2017 9:34 AM To: 'Barry Dallavalle' Cc: Scott Sather Subject: RE: Re Case 2017-04 Lake Lucy Ridge Recreational Beach Lot Good morning Mr. Dallavalle and thank you for your comments prior to the meeting. The answers to your questions are below in blue. The staff report will be available by the end of the day and will be posted on the City's website in the Proposed Development section. Please call or e-mail me with any additional comments. Sincerely, Sharmeen Al-Jaff en. LSenior Planner CITY OF CHANHASSEN p If k '� PH. 952.227.1134 FX. 952.227.1110 www.ci.chanhassen.mn.us 00 From: Barry Dallavalle [mailto:barry.dallavalle@gmail.com] Sent:Tuesday, February 14, 2017 5:37 PM To:Al-Jaff, Sharmeen Cc:Scott Sather Subject: Re Case 2017-04 Lake Lucy Ridge Recreational Beach Lot Hi Ms.AI-Jaff, As the President of the Lake Lucy Homeowners Association, I am writing you with a few questions from our membership (15 lots)regarding this case. I, and possibly other members, do plan to attend the upcoming Planning Commission meeting next Tuesday but wanted to check in with you prior to the hearing. First of all, I can say that no one has expressed any issues with the proposal as defined. The proposal seems reasonable and we welcome use of the lake by any resident using it legally. Most of the questions seek clarification. 1. In the mailed notice, the Applicant is referred to as the "Lake Lucy Homeowners Association". This is the name we use for our Association which includes the lake residents on the east and north sides of the lake. I believe the Lake Lucy Ridge folks are also using that name to refer to their Association whose members are Lake Lucy Ridge property owners (west side of the lake). I'm not sure which Association came first but it might lead to confusion. For what it's worth, we do have our Association registered and a taxpayer id assigned to it. 2 The name of the association is "Lake Lucy Ridge Homeowners Association". All the documents reflect the accurate name with the exception of the mailed notice. Thank you for bringing it to my attention. 2. Some of our older members recall some kind of use agreement regarding this lot between the developer and the city. This may have happened in the early 90s as the Lake Lucy Ridge development was getting underway.. No one is sure if an agreement actually exists or what might have been agreed to. But, I wanted to give the commission a heads up in case a question regarding it is voiced at the hearing. If you do find evidence of a prior agreement, could you let me know of its substance in advance of the meeting? Prior to Lake Lucy Ridge subdivision being developed, there were conversations between the city and the land owner regarding possible acquisition of the lot. That acquisition did not occur. 3. If the proposal is accepted, will uses exceeding the planned use require another public hearing? In other words, if I read this correctly, if the designation as a recreational beach lot(Sec. 20-266) allows more uses than what this proposal requests, would another public hearing be required to gain those additional uses? Or is the Applicant able to freely expand its use as long as it does not exceed the possible use of a recreational beach lot? For example, they could moor motorized watercraft overnight, add sailboat slips, add more canoe racks, build a gazebo, etc. One of the recommended conditions of approval for this application states "An amendment to the Conditional Use Permit shall be required for any changes to the beachlot including but not limited to: dock configuration, installation of portable chemical toilets,placement of boat racks, and placement of structures." I also need to point out that the approval of this application is for the plans submitted on January 20, 2017. Any intensification of the use will require an amendment to the Conditional Use Permit. 4. If the proposal is accepted, would there be any new restrictions placed on the current users of the lake as a result? For example, user density so high that motorized boats are no longer permitted, etc. No,the approval of this application will not place restrictions on the current users of the lake. Thank you very much for your consideration. I look forward to any response. Barry Dallavalle President, Lake Lucy Homeowners Association 3 Al-Jaff, Sharmeen From: Bo Andersen <bolandersen@netscape.net> Sent: Friday, February 17, 2017 4:53 PM To: Al-Jaff, Sharmeen Subject: Input for the February 21st, 2017 Planning Commission Meeting regarding proposed Lake Lucy Canoe and beach facilities. Attachments: Lake Lucy Homeowner's Input.pdf Dear Ms. Sharmeen Al-Jaff, Please confirm that you have received this and will be able to provide this input to the planning commission and hearing attendees at the February 21st hearing. Sincerely, Bo Andersen Friday, February 17th, 2017 Input for the February 21st, 2017 Planning Commission Meeting regarding proposed Lake Lucy Canoe and beach facilities from Bo Andersen &Angela Brown, 1695 Steller Court, Chanhassen, MN, 55331 As we are out of town, we would like to provide input to the City of Chanhassen's February 21st, 2017 planning commission hearing regarding a conditional use permit and a wetland alteration permit at Lake Lucy as applied for by the Lake Lucy Homeowner's Association. We understand that the hearing is a formality and that the City has made up its mind on this matter. Nevertheless, we want to register our strong objections to this project as follows and propose alternatives. I. Firstly, it is misleading for that homeowner's Association to be called the Lake Lucy Homeowner's Association. Over half of the lakefront homes including ours are not represented by this association or this application would not have been filed. Our homes existed LONG before the homes represented by said association was even contemplated. II. We could understand for a simple pier to be built for canoes not to exceed 6 in number. However, a beach area will ruin the character of the lake area, will create noise for the other residents and will disturb or even drive away the bald eagles and other protected bird species which nest by the lake. We strongly object to creating a beach area. We contend that it will reduce the quality of living for the other lake residents and also reduce the value of properties, especially those on Steller Court in the closest proximity to the proposed facilities. III. It is our understanding that a chain link fence is proposed to be erected in close proximity to the back lots of several of the Steller Court properties including ours. This is an unacceptable eyesore and will reduce the value of those properties. If a fence is to be built, it needs to be made from wood and an architect needs to be commissioned to properly blend it into the landscape. IV. There is a very real risk that this facility will attract trespassers onto the back lots of the properties at Steller Court, including ours. We submit that the Lake Lucy Home Owners Association needs to pay for the design by said architect and installation of fencing to close off access from the proposed facilities and also from Lake Lucy Road and onto the Steller Court back lot meadowland directly adjacent to the proposed facilities. 1 V. With no proposed access to the proposed facilities for the many other Lake Lucy homeowners, we expect deductions in our property valuations going forward. We would expect for the city to proactively reduce our property valuations starting in the year that this project is built. In summary, - No beach facilities should be permitted to be built. - Overdevelopment does not equate to progress. It is bad for the environment and will create noise issues. -We urge you to at least not approve a beach area and to stipulate the fencing changes proposed in the above. - If canoe facilities are to be built, the city of Chanhassen should build it and make it available to all Chanhassen (lake) residents or via a permit process or stipulate that the Lake Lucy Homeowner's Association do so. We trust that the Homeowner's Association, the City and its Sheriff's Office will be responsive to the noise complaints that surely will arise. Sincerely, Bo Andersen Angela Brown 1695 Steller Court Chanhassen (mail address Excelsior) MN 55331 2 Al-Jaff, Sharmeen From: jbrandall@aol.com Sent: Friday, February 10, 2017 4:52 PM To: Al-Jaff, Sharmeen Subject: Lake Lucy Ridge Homeowners Assoc. Sharmeen, I just read the details for the possible CUP permit for the association. If I read the documentation correctly they are asking for a dock which will have a canoe type rack at the end of the dock with security and all. If this is all they are requesting I do not have a problem with this and am quite aware about trying to access the lake, my dock is longer than a football field. I believe Barry Dallavalle, our Lake Lucy Lake Shore Owners Association will be at the meeting. Betsy Randall 1571 Lake Lucy Rd. 1 Al-Jaff, Sharmeen From: Rob Dahlin, ARM, ALCM <rdahlin@csdz.com> Sent: Saturday, February 18, 2017 6:44 AM To: AI-Jaff, Sharmeen Subject: Lake Lucy Homeowners request for private beach - planning notice Sharmeen I live adjacent to the Lake Lucy neighborhood ( Ashling Meadows) and I utilize the public path that goes behind the neighborhood and runs along Lake Lucy .The trail terminates at the woods(with a sign saying future trail expansion). We often will walk onto the Lake in the winter when frozen with the dogs or just to walk on the Lake. We also walk into the woods along a trail . I am concerned that this privatization of a lake front area will restrict the public from accessing the lake in the winter or during any time of the year. Could there be a public access to put in a canoe or non motorized device as well? Lake Lucy should be accessible to the public as well and the private homeowners association should not be allowed to restrict those of us in neighborhood who also utilize this area. My concerns. Thank you for your time. Respectfully, Rob Dahlin Sent from my iPad Rob Dahlin,ARM, ALCM I Vice President 150 S 5th St,Ste 2800 Minneapolis, MN 55402 D: 612.349.2420 I M: 612.710.1073 I F: 612.349.2490 rdahlin@csdz.com www.csdz.com cobb strecker dunphy&zimmermann Privacy Statement NOTICE -CONFIDENTIAL INFORMATION: The information in this communication is strictly confidential. It is intended solely for the use of the individual or entity named above. 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