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5 Near Mountain Lake Association CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us 5 JIi: - MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Lori Haak, Water Resources Coordinator DATE: June 12,2006 t~' SUBJ: Near Mountain Lake Association Beachlot Planning Case 06-20 EXECUTIVE SUMMARY Request for a Conditional Use Permit (CUP) amendment to allow an additional dock for a total of 2 docks with 6 docked boats (currently there is one dock with three slips). A variance is needed as part of the CUP amendment to allow the installation of second dock without the minimum required lot area (50,000 square feet) necessary for a second dock. ACTION REQUIRED City Council approval of Conditional Use Permits and Variances require a simple majority vote of City Council. The Planning Commission held a public hearing on May 16, 200 CUP amendment and variances from the minimum required I allowed boats per dock with the installation of the second d concerns of the public and the Planning Commission with included: . . . . The Planning Commission voted 4 to 0 to deny the proposed CUP and variances. The Planning Commission minutes are item la of the June 12, 2006 City Council agenda. Following the May 16, 2006 Planni . ssion meeting, the Near Mountain Lake Association amended its app 0 remove the request for four boats per dock (Attachment 1). Therefore, test before the City Council is for a Conditional Use Permit with one variance. The City of Chanhassen . A growing community with clean lakes, quality schools, a chanming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Todd Gerhardt Near Mountain Lake Association Beachlot CUP June 12, 2006 Page 2 of 2 RECOMMENDATION Staff and the Planning Commission recommend the City Council adopt the motion to deny the Conditional Use Permit and Variance as specified beginning on page 14 of the staff report dated May 16, 2006. ATTACHMENTS 1. Email from J. Dyvik requesting amending variance application (with elimination of second variance request for 4 slips per dock), dated May 20, 2006. 2. Letter extending 60-day review deadline, dated May 22, 2006. 3. Planning Commission Staff Report, dated May 16,2006. g:\plan\2006 planning cases\06-20 near mountain lake association\executive summary.doc Haak, Lori From: Sent: To: Subject: j d [dyvikja@yahoo.com] Saturday, May 20,2006 1 :55 PM Haak, Lori RE: Near Mountain Presentation Hi Lori, Just wanted to let you know that we would like to take our variance request to the city council meeting on June 12. We would like to amend the application, however, to be for a second dock with three boats on it. We will drop the part that asked for 4 boats per dock. This way, we are only needing one variance. I will be revising my powerpoint presentation and email you a copy prior to the meeting, like we did last time, if that's ok with you. There were some points I forgot to make last time that I want to include. And I'll also drop some things out. Let me know if you need anything more from me. Thanks, Jahn --- "Haak, Lori" <lhaak@ci.chanhassen.mn.us> wrote: > Jahn, > > Yes, we got the check. > > > > > Thank you. I don't believe it's written anywhere. I think it's our interpretation of the definition. But I will check into it and get back to you. > Lori > > > -----Original Message----- > From: j d [mailto:dyvikja@yahoo.com] > Sent: Wednesday, May 17, 2006 10:06 AM > To: Haak, Lori > Subject: RE: Near Mountain Presentation > > Thanks Lori, > > That's helpful. > > By the way, I assume you got our check yesterday? > > One more question. > > Is it stated somewhere that the city employs the OHW as the lot line > on the water side? > > Jahn > > > --- "Haak, Lori" <lhaak@ci.chanhassen.mn.us> wrote: > > > Jahn, > > 1 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us May 22, 2006 Near Mountain Lake Association c/o Jahn Dyvik, Association Representative 610 Pleasant View Road Chanhassen, MN 55317 Re: Planning Case #06-20 - Near Mountain CUP and Variances Dear Mr.Dyvik: Because the application for the above Conditional Us~germit and Variances was submitted a day earlier than required, the city will be, development review process within 60 days of the o' April 13, 20Q6). We are therefore notifying you th", an additional'plete ~.Qe developrpen would extend t ust 1O,/~OQ Ie to complete the (submitted be taking up to which The project h If you have a Sincerely, The City of Chanhassen . A growing community with clean lakes, quality schools, a chanming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. -< ~ -< ~ ~ ~ ~ 00 PC DATE: May 16, 2006 w CC DATE: June 12,2006 CITY OF CHANHASSEN REVIEW DEADLINE: August 10, 2006 CASE #: 06-20 BY: LH, DA STAFF REPORT PROPOSAL: Conditional Use Permit Amendment and Variance LOCATION: Outlot B, Reichert's Addition APPLICANT: Near Mountain Lake Association Jahn Dyvik, Association Representative 610 Pleasant View Road Chanhassen, MN 55317 PRESENT ZONING: Single Family Residential (RSF) 2020 LAND USE PLAN: Residential- Low Density (Net Density Range 1.2 - 4u1Acre) AREA: 27,000 square feet (at OHW) DENSITY: N/ A SUMMARY OF REQUEST: Request for CUP amendment to allow an additional dock for and a total of & 6 docked boats. Varianoes are A variance is needed as part of the CUP amendment to allow the installation of second dock without the minimum required lot area (50,000 square feet) necessary for a second dock and additional doeked boats above the 3 per dook maxim.um as stated in Chanhassen Code Seo. 20266 (6). . Notice of this public hearing has been mailed to all property owners within 500 feet and all owners of property abutting Lotus Lake. 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. The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi judicial decision. Near Mountain CUP Amendment/ Variance Planning Case #06-20 May 16, 2006 Page 2 of 15 SUMMARY OF PROPOSAL The City ofChanhassen received an application from Near Mountain Lake Association on April 13,2006 requesting a Conditional Use Permit amendment with variances a variance from the minimum required lot area aRd maKim1:lm allowed boats per doek with the installatioR of the second doelc Currently one dock with three boats docked is allowed at the beach lot. The Near Mountain Lake Association Beach Lot has over 500 feet of shoreline and approximately 27,000 square feet of area above the OHW according to the survey dated March 1, 2005 that was submitted as part of the application. City Code requires recreational beach lots have at least 200 feet of shoreline per dock. In addition to the shoreline requirement, the beach lot must have 30,000 square feet oflot area for the first dock and 20,000 square feet for each additional dock. To meet the square footage requirements for the second dock, the Near Mountain Lake Association must apply for a variance from the 20,000 square foot requirement for the second dock. A variance in the amount of23,000 square feet of lot area is needed to satisfy the requirements of City Code. f..dditioRaUy, a ',anaRee for more thall 3 boats per aoek must be obtained to iRstall more than 3 boats per dock as allov.'ed by City Code. APPLICABLE REGUATIONS Section 20-266. Recreational beach lots. (6) No reereational beaM lot shall be l:lsed for purposes of overnight storage or o'/emight mooring of more than tm-ee motorized or Ronmotorized '//atereraft per dock. If a reereational beaeh lot is allowed more thall one doek; how€l-yer, the allowed nl:lmber of boats may be clustered. Up to tm-ee sailboat mooriflgs shall also be allo..../ed. Nonmotorized watereraft SUM as caRoes, windsurfers, sailboards and sm.all sailboats may be stored overnight on allY recreatiOl'lal beaeh lot if they are stored on raeks specifieally designed f-or that pmpose. No more than six v/atereraft may be stored on a raek. The Rumber of raeks shall not exceed the amOl:lRt of storage neeessary to permit one raek slip per lot served by the beaM lot; hov.e:</er, iR no ease shall there be more thaR four raeks per beaM lot. DoekiRg of other watereraft or seaplanes is permissible at any time other thall o',ernight. (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. Section 20-614. Conditional uses. The following are conditional uses in an "RSF" District: (1) Churches. (2) Reserved. (3) Recreational beach lots. (4) Towers as regulated by article:XXX ofthis chapter. Near Mountain CUP Amendment/ Variance Planning Case #06-20 May 16, 2006 Page 3 of 15 (Ord. No. 80, Art. V, S 5(5-5.4), 12-15-86; Ord. No. 120, S 4(4), 2-12-90; Ord. No. 259, S 12, 11-12-96) State law references: Conditional uses, M.S. S 462.3595. BACKGROUND The Near Mountain Lake Association is located in the northern part of Louts Lake on Outlot B, Reichert's Addition. Membership in the association is limited to 8 homes (Lots 1-8, Reichert's Addition, platted in 1978). In the development contract for Reichert's Addition, Outlot B was designated "open area" and 1 dock structure was permitted within the southern 235 feet of the outlot. This allowed for the preservation of trees and wetland areas in the northern portion of the outlot. In the staff report for the 1987 CUP, it was determined that the association had 46,000 square feet which limited the beach lot to one dock to maintain compliance with the zoning ordinance. The applicant applied for the CUP amendment and variance on April 13, 2006. The current Conditional Use Permit (CUP 87-13) was issued in August 1987 (Attachment 4). The 1987 CUP placed the following conditions on the Outlot B, Reichert's Addition beach lot: 1. Compliance with 5-9-11 of the Zoning Ordinance 2. No alteration to the existing site shall be permitted. There shall be no use of chemical kill or dredging in the wetland without an additional wetland alteration permit, DNR and City Council approval. 3. The recreational beachlot is limited to the installation of 1 Dock and 1 Canoe Rack. 4. The beachlot shall be maintained by the Near Mountain Lake Association. 5. A "slow-no wake buoy shall be installed and maintained by the homeowners association. 6. There shall be no launching of motorized boats or boats that require a trailer from the beachlot. Near Mountain Lake Association Beach Lot - May 9, 2006 Near Mountain CUP Amendment/ Variance Planning Case #06-20 May 16,2006 Page 4 of 15 ANALYSIS CUP Amendment The original 1987 CUP limited Near Mountain Lake Association to one dock with 3 boat slips to maintain compliance with zoning ordinances. Additional analysis on the proposed CUP amendment is included in the findings below. Variances The applicant is requesting a variance from the required 50,000 square feet lot area requirement for the installation of a second dock. The area of the recreational beach lot (currently 27,000 square feet at the OHW of 896.3) is less than was indicated for the 1987 CUP (which employed a lot area of 46,000 square feet). This may be the result of settling of the land and/or erosion of shoreline. However, either lot area measurement necessitates a variance for a second dock. According to the March 1, 2005 survey submitted by the applicant, the magnitude of this variance request is 23,000 square feet in lot area. The applieant is also requesting a variance for g boat slips instead of the maximum of 6 boat slips permitted by City Code on beach lots meeting the shoreline and area requirements for 2 docks. The magnitude of this v-arianee request is 2 additional boat slips. Other Beach Lots In the application, the Near Mountain Lake Association cites four precedents for exceptions from City Code regarding beach lots. These include: 1. The Lotus Lake Betterment Association/Colonial Grove beach lot; 2. The Lotus Lake Estates beach lot; 3. The Kurver's Point beach lot; and 4. The Fox Chase Dock. Below please find an explanation of the approved conditions for each of the four cited precedents. 1. Colonial Grove Beach Lot: The Colonial Grove Beach Lot was granted a nonconforming use permit in 1981 (Attachment 5). The nonconforming use permit recognized the right ofthe association to maintain one dock, but did not indicate the number of boats that would be allowed to moor overnight. Consequently, in 1993, the City issued a Findings of Fact and Decision (Attachment 6) that found that there were never more than three boats moored overnight at the dock in 1981 and therefore decided that the Colonial Grove Beach Lot nonconforming use permit should be amended to allow the overnight storage of a maximum of three boats. This does not set a precedent for this application. The applicant has indicated that this association typically has approximately 6 boats moored at the dock. This does not appear t-o be consistent '"'lith the approved nonconforming use pannit. i\ny potefltial yiolation will be inyestigated separately. City staff investigated this complaint on May 24, 2006 and found 4 boats moored at the dock. Since it could not be determined if the boats were moored overnight, a letter stating that no more than 3 boats are to be moored overnight on the dock was sent to the association on May 25, 2006. 2. Lotus Lake Estates Beach Lot: The Lotus Lake Estates Beach Lot has received several conditional use permits. The most recent permit was a restated conditional use permit dated July 7, 1986 (Attachment 7). The restated CUP allows three docks with up to three boats per dock, as well as four sailboat moorings. However, the restated CUP was the result of what was apparently long Near Mountain CUP Amendment/ Variance Planning Case #06-20 May 16,2006 Page 5 of 15 and involved legal proceedings between the City and the homeowners association. Consequently, the results of the final CUP were negotiated and are not necessarily in compliance with City Code for beach lots. This does not set a precedent for this application. 3. Kurvers Point Beach Lot: The Kurvers Point Beach Lot received a conditional use permit in 1987 (Attachment 8). The permit conditioned adherence to all conditions required by the City Code in place at that time regarding recreational beach lots (Attachment 9). This does not set a precedent for this application. The applicant has indicated that this association has 10 boat slips. This does l'lOt appear to be consistent ,::ith the appfOved coflditioflal use permit. Any potential yiolatio1'1 '.vill be IDyestigated separately. City staff investigated this complaint on May 24, 2006 and found 3 boats moored at the two docks. This is in compliance with the conditional use permit. 4. Fox Chase Dock: The dock in the Fox Chase neighborhood is not located on a recreational beach lot, but rather is located on private property, with each property owner with a boat slip having an easement for access to the dock. The dock with seven slips was allowed as part of legal proceedings between the developer and the City. The seven slips correspond to the number oflots that would have had dock rights on individual parcels. However, because there is a large wetland complex along the shoreline in this location, it was in the City's best interest to consolidate the dock rights onto a single dock, thus minimizing the wetland impacts that would have occurred with seven individual docks extending across the wetland. This does not set a precedent for this application. FINDINGS: RECREATIONAL BEACH LOT CONDITIONAL USE PERMIT The application includes a request to amend the current conditional use permit for the recreational beach lot to allow a change to an approved conditional use. The applicant is also requesting 'fariaFlees a variance for the installation of a second dock structure and additional boat slips :fur a total of 8. The total beach lot area for Near Mountain Lake Association is 27,000 square feet. City code requires 50,000 square feet of beach lot area for 2 docks. The applicant is requesting approval for.& 6 boats on 2 docks. City code allows a maximum 3 watercraft per dock structure. Section 20-232. General Issuance Standards - Conditional Use Permit 1. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or city. Findine:: The beach lot does provide a recreational amenity, however the area on Pleasant View Road is currently a substandard road with poor sightlines which will reduce public safety ifbeach lot use is intensified. 2. Will be consistent with the objectives of the city's comprehensive plan and this chapter. Findine:: The beach lot will not be consistent with the city's comprehensive plan and zoning ordinance unless variances from the required lot area for the second dock and the number of Near Mountain CUP Amendment/ Variance Planning Case #06-20 May 16, 2006 Page 6 of 15 boats allowed per dock are obtained. 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. Findin2: The applicant has provided a diagram of the proposed second dock structure north of the existing structure. The dock as illustrated will extend 50 feet into Lotus Lake and be no longer than the existing dock. Information regarding dock materials should be submitted for reVIew. 4. Will not be hazardous or disturbing to existing or planned neighboring uses. Findin2: There are several beach lots on Lotus Lake. The proposed CUP amendment will impact the existing neighborhoods with increased boat traffic and/or decreased public safety on Pleasant View Road, a current substandard street, from intensified beach lot usage. 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. Findin2: The association will be required to maintain the beach lot. 6. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Findin2: The beach lot is not anticipated to have any excessive requirements for public facilities and services. It is not certain whether the beach lot will 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. Findin2: The association must keep the beach lot maintained and regulate activities on the beach lot. The area of the beach lot will interfere with traffic if additional cars park along Pleasant View Road, decreasing the ability for traffic to travel Pleasant View Road. Increased boat traffic from the beach lot may increase the amount of noise emitted from the beach lot. 8. Will have vehicular approaches to the property, which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Findin2: Applicant has stated that all members are within 500 feet of the beach lot; however, intensified use with increased boats and a second dock raises concerns for parking and traffic flow. Pleasant View Road at 26 feet wide with poor sightlines is a substandard Near Mountain CUP Amendment/ Variance Planning Case #06-20 May 16,2006 Page 7 of 15 street. The current standard road width for public residential streets is 31 feet. The area of the beach lot will interfere with traffic if additional cars park along Pleasant View Road, decreasing the ability for traffic to travel Pleasant View Road. ............ Pleasant View Road with Parked Car and Eastbound Car - May 9, 2006 9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Findin2: The conditional use amendments will not result in the loss of any features. 10. Will be aesthetically compatible with the area. Findine:: If properly maintained the beach lot will remain compatible with the surrounding uses. 11. Will not depreciate surrounding property values. Findin2: It is not certain whether the CUP amendment will depreciate the surrounding property values. 12. Will meet standards prescribed for certain uses as provided in this article. Findine:: The CUP amendment, as proposed, will not meet the standards prescribed for beach lots provided in City Code, as outlined below. Section 20-266 Recreational Beach Lots: 1. Recreational beach lots shall have at least two hundred (200) feet of lake frontage for each dock. Near Mountain CUP Amendment/ Variance Planning Case #06-20 May 16, 2006 Page 8 of 15 Findin2: The proposed beach lot has over 500 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 ofthis section, a gazebo shall be defined as, "a freestanding roofed structure which is open on all sides." Findin2: No structures (except as authorized by the beach lot 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 beach lot. Findin2: No vehicle access is provided. 4. No recreational beach lot shall be used for overnight camping. Findin2: No camping shall be permitted. 5. Boat launches are prohibited. Findin2: No boat launching shall be permitted. 6. No recreational beach lot 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 beach lot 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 beach lot 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 beach lot; however, in no case shall there be more than four (4) racks per beach lot. Docking of other watercraft or seaplanes is permissible at any time other than overnight. Findin2: The applieant is seeking a ehange in the allowed flUIIlber of boats from three (3) eurrootly to a total of g boats OR the 2 docks. The recreational beach lot ordinance indicates that the maximum amount of boats docked cannot exceed 3 per dock (Sec.20- 266 (6)). Boats may be clustered if additional dock structures are allowed. The applicant does not meet the requirements for a second dock structure and would be limited to 3 docked boats. 7. The maximum number of docks on a recreational beach lot is three (3). No dock shall be permitted on any recreational beach lot unless the beach meets the following conditions: a. Shoreline of at least two hundred (200) feet per dock, and Near Mountain CUP Amendment/ Variance Planning Case #06-20 May 16,2006 Page 9 of 15 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. Findin2: The beach lot has over 500 feet of frontage and an area of 27,000 square feet as determined by a survey submitted by the applicant. This is 23,000 square feet short of the required 50,000 square feet for a second dock structure. A variance is required if the second dock is to be installed at the beach lot. 8. No recreational beach lot 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 oflength described in the preceding sentence. The cross-bar of any such dock shall not measure in excess of twenty-five (25) feet in length. Findin2: The applicant needs to provide details about the proposed dock. 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 ofthis chapter. Findin2: The illustration with the current proposed location and extent of the dock submitted by the applicant illustrates that the proposed second dock structure (northern dock) would be outside the dock setback zone. 10. No sail boat mooring shall be permitted on any recreational beach lot unless it has at least two hundred (200) feet oflake frontage. No more than one (1) sail boat mooring shall be allowed for every two hundred (200) feet oflake frontage. Findin2: No sailboat moorings are proposed. 11. A recreational beach lot 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 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 eighty (80) percent of the dwelling units, which have appurtenant rights of access to any recreational beach lot, shall be located within one thousand (1,000) feet ofthe recreational beach lot. b. Rural recreational beach lot: A maximum of fifty (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. Near Mountain CUP Amendment/ Variance Planning Case #06-20 May 16, 2006 Page 10 of 15 Findin2: All of the dwelling units are located within 1,000 feet of the beach lot. 12. All recreational beach lots, including any recreational beach lots 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. Findin2: No swimming beach is proposed. 13. All recreational beach lots shall have a buffer sufficient to insulate other property owners from beach lot activities. This buffer may consist oftopography, streets, vegetation, distance (width or depth), or other features or combinations of features which provide a buffer. To insure appropriate buffering, the city may impose conditions to insulate beach lot activities including, but not limited to: a. Increased side or front yard setbacks for beach areas, docks, racks or other allowed recreational equipment or activities; b. Hours of use; c. Planting and maintenance of trees and shrubs; d. Erection of fences; e. Standards of maintenance including mowing and trimming; painting and upkeep of racks, docks and other equipment; disposal of trash and debris; f. Increased width, depth or area requirements based upon the intensity of the use proposed or the number of dwellings having rights of access. Findin2: Existing vegetation will be preserved according to the applicant. Lot width will also provide distance to act as buffer between the beach lot and other properties. 14. To the extent feasible, the city may impose such conditions even after approval of the beach lot if the city finds it necessary. Findin2: At the present time, no additional conditions are imposed. 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. Findin2: The applicant shall incorporate a clause in the covenants for the homeowner's association to require that watercraft stored, moored or docked overnight shall be owned by the owner/occupant or renter/occupant of homes in the association if the condition does not already exist. 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. Findin2: The applicant has submitted a diagram of proposed Conditional Use Near Mountain CUP Amendment/ Variance Planning Case #06-20 May 16, 2006 Page 11 of 15 Amendments. The 2 docks and g. boats have been illustrated on Figure 2 of Attachment 2. 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 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. 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. Findin2;: No portable chemical toilets are proposed. 18. No watercraft or boat lift shall be kept, moored, docked, or stored in the dock setback zone. Findin2;: The applicant should include a clause in the covenants for the homeowner's association to require that no watercraft of boat lift shall be located within 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 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. Near Mountain CUP Amendment/ Variance Planning Case #06-20 May 16, 2006 Page 12 of 15 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. Findin2: No gazebos are proposed. FINDINGS: VARIANCE #l- Second Dock The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance for a second dock unless they find the following facts: 1. That the literal enforcement of this chapter would cause undue hardship. For purposes of the definition of undue hardship, reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that in developed neighborhoods preexisting standards exist. Variances that blend with these preexisting standards without departing downward from them meet these criteria. Findin2: The literal enforcement of this chapter would not cause undue hardship. There are no comparable properties within 500 feet. There are other recreational beach lots on Lotus Lake that exist within single family residential zoning which are governed by nonconforming use permits or existing conditional use permits. 2. That the conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Findin2: The conditions upon which this petition for a variance is based are generally applicable to beach lots. 3. That the purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Findin2: The improvements increase the value of the property. 4. That the alleged difficulty or hardship is not a self-created hardship. Findin2: Since its creation, the beach lot has never had the area necessary for a second dock structure. Therefore, the hardship is self-created. 5. That the granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. Near Mountain CUP Amendment/ Variance Planning Case #06-20 May 16, 2006 Page 13 of 15 FindiDl!:: The granting of a variance will be detrimental to the public welfare due to intensified use of the beach lot. 6. That the proposed variation will not impair an adequate supply oflight and air to adjacent property or substantially increase the congestion of the public streets or decrease visibility or site distances, or increases the danger of fire, or endanger the public safety or substantially diminish or impair property values within the neighborhood. Findine;: The granting of a variance will be detrimental to the public welfare from increased parking associated with intensified use on the beach lot. Pleasant View Road as it currently exists is a sub-standard street at 26 feet in width with poor sightlines. A standard residential street is 31 feet wide with 11 foot wide travel lanes. A parked vehicle typically takes up 8 feet of the road width which creates a problem with traffic flow on the substandard street. FINDINCS: VL\RIANCE #2 Faur Baat Slips Per Daek The Board of Adjustmoots ami LA1ppeals shall not recommend ami the City COl.lf1eil shall not grant a variance for four (1) boat slips per doek U:Rless they find the following faets: 1. That the literal enf-orceHlent of this ooapter \T;ould cause oodue hardship. For pUi"poses of the defifli.tion ofoodue hardship, reasoflable use inc11:1des a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of yariances, but: to recognize that in deIY/eloped fleighborhoods preexisting standards '*ist. Varia1'1ces that bleRd with these preexisting standards without def'arting do'.vllward from them meet these eriteria. FiBdiB2: The literal enforcement of this chapter would not cause undue hardship. There are no comparable properties within 500 feet. There are other recreational beach lots on Lotus Lake that '*ist v/ithin single family residootial zoning which are governed by nonconforming use permits or existing conditional use permits. No beaehlots on Lotus Lake with Conditiol'lal Use Permits are permitted to haye more than 3 slips per dock. 2. That the conditions upon which a petition for a yariance is based are not applicable, gooerally, to other property within the same zOl'ling classification. FinEliB2;: The conditions upon which this petition tOr a variance is based are gooerally applicable to belleh lots. 3. That the parpose of the variation is not based upon a desire to increase the value or income potential ofthe parcel ofland. FiBEliB2;: The iiRproT/ements iflerease the T/alue of the pmperty. 1. That the alleged diffioolty or hardship is 1'1Ot a self created hardsfl.itl. FiBEliB2: The alleged difficulty or hardship is a self ereated har-dship because the number of slips per doek allov;ed by code has oot changed since the origiflal CUP T.Vas granted in 1981. Near Mountain CUP Amendment/ Variance Planning Case #06-20 May 16,2006 Page 14 of 15 5. That the gra1'lti1'lg ofthe variam:;e v/ill not be detrimootal to the p:ablio welfare or injariol:ls to other land or improvOfl'loots i1'l the neighborhood in wilieR the pareel of land is loeated. FinEliB2;: The grantiflg of a variance will be detrimootal to the publie welfare dl:le to ifltoo.sified use of the beaeh lot. 6. That the proposed variation '.';ill1'lot impair an adeql:late s:apply oflight and air to adjaeent property or substa1'ltially inerease the e01'lgestion of the pl:lblie streets or deorease visibility or site distanees, or inereases the danger of fire, or efldanger the pablie safety or substantially dimil'lisn. or impair property values within the neighborhood. FiBEliB2;: The granting of a variance \'/ill be detrimental to the l*lblie welfare :rr()m increased parking associated with i1'ltensified use OR the beaeh lot. Pleasant View Road as itel:lrrently e-xists is a sub stafldanl street at 2€i :feet in width v;ith poor sightli1'les. f.. standard residootial street is 31 feet wide with 11 foot wide travel lanes. f.. parked ',emele typieally takes l:lp 8 feet of the road '.vidth willeR ereates a probl0Il'1 ':Iith tFaffie flow on the substandard street. RECOMMENDATION Staff recommends that the Platlfling COllHl1ission City Council adopt the following motion: "The Planning Commission City Council denies the request for a Conditional Use Permit amendment and Variances for the lot area requirement necessary for the second dock and the munber of boat slips per do ok based on the findings of fact in the staffreport and the following: 1. The applicant has not demonstrated a hardship. 2. The applicant has reasonable use of the property. 3. A revised conditional use permit with intensified use may reduce public safety due to parking on the sub-standard streets and poor sight lines. 4. If these ',aria1'lees are this variance is approved, other recreational beach lots in Chanhassen will likely seek variances from lot area and boat limit restrictions." ATTACHMENTS 1. Findings of Fact. 2. Development Review Application w/attachments. 3. Affidavit of Mailing. 4. Conditional Use Permit #87-13 for Near Mountain Lake Association. 5. Nonconforming Use Permit for Colonial Grove Beach Lot, dated June 15, 1981. 6. Findings of Fact and Decision for Colonial Grove Beach Lot, dated September 13, 1993. 7. Conditional Use Permit for Lotus Lake Estates Beach Lot, dated July 7, 1986. 8. Conditional Use Permit for Kurvers Point Beach Lot, dated July 20,1987. 9. City Code Article V, Section 9 (11) as of July 20, 1987. 10. Email from A. Fauske, dated May 3,2006. Near Mountain CUP Amendment/ Variance Planning Case #06-20 May 16,2006 Page 15 of 15 11. Email from J. Whiteman, dated April 28, 2006. 12. Letter from J. & J. Thielen dated May 7,2006. 13. Letter from T. and J. Meier, dated May 10, 2006. 14. Email from J. Nicolay, dated May 11, 2006. 15. Email from B. and D. Bitney, dated May 15, 2006. 16. Email from L. Conrad, dated May 15, 2006. 17. Email from C. Vassallo, dated May 16, 2006. 18. Email from S. Conrad, dated May 16, 2006. g:\plan\2006 planning cases\06-20 near mountain lake association\cc staff report. doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE: Application of Near Mountain Lake Association request for Conditional Use Permit amendment; Variance for additional dock without required beachlot area; and Variance from maximum number of watercraft per dock structure - Planning Case 06-20. On May 16, 2006, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application Near Mountain Lake Association for a Conditional Use Permit Amendment, Variance from lot area requirement for a second dock structure and variance from maximum allowed boats per dock. The Planning Commission conducted a public hearing on the proposed Planned Unit Development 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 Residential Single Family, RSF. 2. The property is guided in the Land Use Plan for Residential- Low Density. 3. The legal description of the property is: Outlot B, Reichert's Addition. 4. Recreational Beachlot Conditional Use Permit a. The beach lot does provide a recreational amenity, however the area on Pleasant View Road which is currently a substandard road with poor sightlines which will reduce public safety if beach lot use is intensified. b. The beach lot will not be consistent with the city's comprehensive plan and zoning ordinance unless variances from the required lot area for the second dock and the number of boats allowed per dock are obtained. c. There are several beach lots on Lotus Lake. The proposed CUP amendment will impact the existing neighborhoods with increased boat traffic and/or decreased public safety on Pleasant View Road a current substandard street from intensified beach lot usage. d. Pleasant View Road is 26 feet wide with poor sightlines and is a substandard street. The current standard road width for public residential streets is 31 feet. The area of the beach 1 lot will interfere with traffic if additional cars were to park along Pleasant View Road decreasing the ability for traffic to travel Pleasant View Road. e. The recreational beach lot ordinance indicates that the maximum amount of boats docked cannot exceed 3 per dock (Sec.20-266 (6)). Boats may be clustered if additional dock structures are allowed. The applicant does not meet the requirements for a second dock structure and would be limited to 3 docked boats. f. The beach lot has over 500 feet of frontage and an area of 27,000 square feet as determined by a survey submitted by the applicant. This is 23,000 square feet short of the required 50,000 square feet for a second dock structure. A variance is required if the second dock is to be installed at the beach lot. 5. Variance (Second Dock). a. The literal enforcement of this chapter would not cause undue hardship. There are no comparable properties within 500 feet. There are other recreational beach lots on Lotus Lake that exist within single family residential zoning which are governed by nonconforming use permits or existing conditional use permits. b. The conditions upon which this petition for a variance is based are generally applicable to beach lots. c. Since its creation, the beach lot has never had the area necessary for a second dock structure. Therefore, the hardship is self-created. d. The granting of a variance will be detrimental to the public welfare due to intensified use of the beach lot including increased parking and substandard street width. 6. Variance (Four Boat Slips per dock). a. The literal enforcement of this chapter would not cause undue hardship. There are no comparable properties within 500 feet. There are other recreational beach lots on Lotus Lake that exist within single family residential zoning which are governed by nonconforming use permits or existing conditional use permits. No beach lots on Lotus Lake with Conditional Use Permits are permitted to have more than 3 slips per dock. b. The conditions upon which this petition for a variance is based are generally applicable to beach lots. c. The alleged difficulty or hardship is a self-created hardship because the number of slips per dock allowed by code has not changed since the original conditional use permit was granted in 1981. 2 d. The granting of a variance will be detrimental to the public welfare due to intensified use of the beach lot including increased parking and substandard street width. RECOMMENDA TION The Planning Commission recommends that the City Council deny the Conditional Use Amendment with Variances for Near Mountain Lake Association. ADOPTED by the Chanhassen Planning Commission this 16th day of May, 2006. CHANHASSEN PLANNING COMMISSION BY: Its Chairman 3 .' " "'\1 Planning Case No. c% -;ley CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227-1100 CITY OF CHANHASSiN RECEIVED DEVELOPMENT REVIEW APPLICATION CHANHASSEN PLANNING OEPT APR 1 3 2006 PLEASE PRINT Applicant Name and Address: ~ Owner Name and Address: ~fAP-.I1OJ.)tJ-;lIl,J LAKe. A~ClAT'o .s:A t., L "0 Pt..f;.AS.ArJ-;"" V. f:.W.. ~~ c..HA~'1,q~S~ MN SS3/7 Contact: JAt-4J'1 1::>1'1',1< Contact: Phone:',i. '2.0'2. 73~ Fax: 763 S72 t'711Cf Phone: Fax: Email: Email: bY"/~JA YAH1>o. CO~ NOTE: Consultation with City staff is reauired prior to submittal, including review of development plans Comprehensive Plan Amendment l Conditional Use Permit (CUP) 4.2.5 Temporary Sales Permit Vacation of Right-of-Way/Easements (VAG) Interim Use Permit (IUP) v' Variance (VAR) 200 Non-conforming Use Permit Wetland Alteration Permit (WAP) Planned Unit Development* Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review ../ Notification Sign - $200 (City to install and remove) Subdivision* X Escrow.1Q!.~r.filing Fees/Attorney Cost** - ~BJSPRNACNARlWAP/Metes & Bounds - $450Minor SUB TOTAL FEE $ 815 Q;.t Q::~ IOe Site Plan Review (SPR)* An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy for each plan sheet along with a diaital COpy in TIFF;.Group 4 (*.tif) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be.charged for each application. ICANNED /', ~-..~' Ii ....'; ,'.. '-ff; PROJECT NAME: NE:Aa..l1ovIJ1A,,J l..A~~ AS>O<'IA17~ .. ({I?LAtA77:JtJItL 6fAc.J.J WrT LOCATION: ACAc:>SS F(J..OM.. 'I 0 f"'R:A.~~.. ",r..W ~. LEGAL DESCRIPTION: OlrrLoT B J /<E..IC.I-tf.A.T's Abb .,'O,J TOTAL ACREAGE: I. 0' A(/{e:.~ - /q8~ . YES -L N; S l}'l ~L~ FA 11 (L '1 JtE:.S, b€:.J'l'Ti ~ l... SAME- PRESENT LAND USE DESIGNATION: /{F-~ I f:>f:I.J...f'I A l.. LovJ 1:> aJ.{ li'/ REQUESTED LAND USE DESIGNATION: S At\t e... REASON FOR REQUEST: .s f- ]: A-r'1"A<J.+~ o. 2fl ,4<:.1tf:.s. - ZooS- WETLANDS PRESENT: PRESENT ZONING: REQUESTED ZONING: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request This application should be processed in my name and I am the party Whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. (;, q./,tlk · Date tf/t'f jo, Date G:\pLAN\fonn$\Oevelopment Review Application.DOC Rev. 12/05 SCANNED April 14,2006 Near Mountain Lake Association Dock Variance Request Near Mountain Lake Association owns Outlot B of Reichert's Addition. The Association members consist of Lots 1-8, Reichert's addition along Pleasant View Road on the east side ofthe'northern tip of Lotus Lake (figure 1). We are one ofthe oldest ifnot the oldest lake association on Lotus Lake. We have long standing membership with an average time of home ownership for our current members of approximately 16 years. We have always been good stewards of the lake and shoreline. We, the Near Mountain Lake Association, are requesting a variance to allow a second seasonal, 50 foot dock on the southern portion of our Association's recreational beach lot (Outlot B) on Lotus Lake as shown in figure 2. Further, we request 4 boat slips per dock for a total of 8 slips. Currently, a single 50 foot seasonal dock is used for 3 boats on the southern portion of the lot. Under Sec. 20-266 of the Chanhassen City Code: "(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." Outlot B has 600 feet of shoreline and an area of 46000 square feet according to City of Chanhassen records. This is likely based on a survey from the early 1980's (figure 2). A more recent survey was conducted in 2005 which shows the area to be 38350 square feet (figure 3). We believe the reduction in area may be a result of settling. We have never added fill to the northern two thirds ofOutlotB where it.appears we have lost land area (compare figures 2 and 3). Had we added fill over the years, we may have maintained the earlier size, however we have chosen to respect the natural state of the land. We have enough shoreline to support 2 and even 3 docks, however we are short of the required 50000 square feet for 2. docks. Weare asking for a variance that will permit the use of a second dock in spite of the square foot shortage. The southern portion of shoreline where the current dock is used and where we propose to locate the second dock is not in a designated wetland area. Only the northern 150 feet of shoreline on Outlot B is . wetland according to the National Wetland Inventory. Precedents: We believe exceptions from city code regarding shoreline use have been granted for other Lotus Lake associations. Some examples are: 1. The Lotus Lake Betterment Association (Sandy Hook) has a recreational lot of unknown area with a shoreline of25 feet (figure 4). They are well short ofthe 200 foot SCANNED shoreline requirement but have a permit for a 100 foot dock with no stated boat limit. Typically, they have approximately 6 boats moored at the dock. 2. Lotus Lake Estates Association (Choctaw) has a large beachlotof92700 square feet and 900 feet of shoreline (figure 5). They have a permit for three docks which falls within the city code requirements, but the permit also allows them to have 4 sailboat moorings. This exceeds the city code sec 20-266 which states, "Up to three sailboat moorings shall be allowed." 3. Kurver's Point Association has two docks with a total of 10 slips. They have 56000 square feet with 460 feet of shoreline (figure 6). This is sufficient for 2 docks, but the code states, "(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." 4. Fox Chase/Lotus Lake Dock and Trail Association has one large permanent dock on the lot of 732 Lake Point. This dock has 7 slips for the 7 homes along the DNR protected wetland on the northwest shoreline (figure 7). Again, the number of boat slips exceeds that allowed by the city code. These are 4 associations that have been granted dock usage beyond the requirements of the city code. There may be other examples as well. We believe that our request for 2 simple straight docks, 50 feet in length that. will allow 4 boat slips per dock for a total of 8 boat slips meets the general conditions for a variance sec 20-58: 1) Weare asking for reasonable use as other associations have been granted. 2) Recreational beach lot requirements suggest a variance is needed. 3) Weare making this request only for enjoyment of the lake. 4) Our hardship is not self-created 5) Variance will not be detrimental to public welfare or injurious to other land. The shoreline will remain natural and undisturbed. No water or ,shore vegetation will be disturbed. 6) a. street congestion will not be increased. Outlot B is within 500 feet of all home lots (walking distance). b. visibility is not affected c. fire danger is not increased d. public safety is not diminished e. neighboring property values are not impaired We will continue to be good stewards of the lake and the shoreline. We will continue to preserve the northern two-thirds of Outlot B and it's shoreline in its undisturbed natural state (figure 8). Respectfully submitted, Near Mountain Lake Association SCANNED l/) 0 CD ..... 00'" .AJ J>"'J> fTI ,Z:u "'0- "-IZ_ -"'00 Zl/)l/) o-(/) :z: :u :z: ..... "'~~ ..... g~z "" J>OJ>'"' , Z:u ..... l/)i"'.AJ OI",J> -I OZ(/) ",,-I~ - '" ~(J) '" '" -I 0 "I Ii ;;::: ~~ ~ "" .... " ~l> (/);0 c- :U"'O <, ",0 -<111- ~z-I (/)0 ~- ~O ~Z J::' (f: <: -.., ~", ~II:: h' ~: ~ ~ I IJii ~ I ~ ~ ~ h ~ o ~ ~ _h I=~ g ~ h '" ~ I ~ ~ ~f~ ~J~ ~ ~= !tllo.... fH ~rt: ".,:a ~ ~" ~ ~ ~!, ., . [~! N ..... ~~~::~ ~~~;. !l..!; ~!l :~~f~~ ~~!:\ , ~ 5 r Cl v~ ...\ r (0 .>-" oS' II o er \>1 c. 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'.(~;H WA T[RELLV, ~. :'}0' ~;r:nesot.c..-)Nf{) " - (f\ (, ~ ~ // / / -"T' ,,,,) rT"\ 6 , . \ / " " ,-' ... J -,.- _.1.- / r T" , \ " ,/ -:.~/ ~ /_1, '/ - " I I' '\ \..' I /// 7 \ / \\ / / 8 A~EA= 21.000:i:SF ..JO.1tie:pHW. CONTOUR 38.350:i:SF TO THE EOGEOF ICE / \ v/ \ \ // \ \ \ \ \ /\ / 9 \ ~ ~ " ~ ~ ~ Print Data/Map Map Created: 4-14-2006 PID# 252400320 IParcel Information Property Address: NOT ON FILE Parcel Properties GIS Acres: 1.06 Homestead: N School District: 0276 IParcel Location Section: 01 Township: 116 Range: 023 IPayable Year 2007 Est. Market Value Land: $0 Est. Market Value Building: $0 Est. Market Value Total: $0 Page 1 of 1 .~..-- ------- Taxpayer Information: LOTUS LAKE BEITERMENT ASSN 105 SANDY HOOK RD CHANHASSEN, MN 55317 Lot: Block: Platname: COLONIAL GROVE AT LOTUS LK2ND IILast Sale Information Last Sale NOT ON FILE CARVER COUNTY GIS DISCLAIMER: This map was created using Carver County's Geographic Information Systems (GIS), it is a compilation C of information and data from various City, County, State, and Federal offices. This map is not a surveyed or legally recorded map and is intended to be. . ..~. . used as a reference. Carver County is not responsible for any inaccuracies contained herein. .. F{Gu~L 4 SCANNED http://156.99 .124.167 /website/parcel_ search/printdatamap.asp?PID==252400320 4/14/2006 Print Data/Map PID# 254200461 Page 1 of 1 Map Create~: 4-11-2006 Property Address: NOT ON FILE Parcel Properties GIS Acres: 2.8 Homestead: N School District: 0276 IParcel Location Section: 01 Township: 116 Range: 023 IPayable Year 2007 Est. Market Value Land: $0 Est. Market Value Building: $0 Est. Market Value Total: $0 Taxpayer Information: LOTUS LAKE HOMEOWNERS ASSN PO BOX 63 CHANHASSEN , MN 55317 Lot: Block: Platname: LOTUS LAKE ESTATES IILast Sale Information Last Sale NOT ON FILE CARVER COUNTY GIS DISCLAIMER: This map was created using Carver County's Geographic Information Systems (GIS), it is a compilation C of information and data from various City, County, State, and Federal offices. This map is not a surveyed or legally recorded map and is intended to be . .. ..' used as a reference. Carver County is not responsible for any inaccuracies contained herein. F I6-LJItt- 5 http://156.99 .124.167 /website/parcel_search/printdatamap.asp?PID==254200461 SCANNED 4/11/2006 Print Data/Map Map Created: 4-:-11-2006 Page 1 of 1 PID# 253920320 Property Address: NOT ON FILE 1.'axpayer Information: KURVERS POINT HOMEOWNER ASSN C/O MELVIN KUR VERS 7240 CHANHASSEN RD CHANHASSEN , MN 55317 Parcel Properties Tax Acres: 1.15 Homestead: N School District: 0276 IParcel Location Section: 12 Township: 116 Range: 023 IPayable Year 2007 Lot: Block: Platname: KUR VERS POINT IILast Sale Information Last Sale NOT ON FILE Est. Market Value Land: $0 Est. Market Value Building: $0 Est. Market Value Total: $0 CARVER COUNTY GIS DISCLAIMER: This map was created using Carver County's Geographic Information Systems (GIS), it is a compilation C of information and data from various City, County, State, and Federal offices. This map is not a surveyed or legally recorded map and is intended to be . ...... used as a reference. Carver County is not responsible for any inaccuracies contained herein. .. .., f IG~Re- ,6 SCANNED http://156.99.124.167 /website/parcel_ search/printdatamap.asp?PID==253920320 4/11/2006 P~rint Data/Map Map Created: 4-11-2006 PID# 252700160 Parcel Information Property Address: 732 LAKE PT CHANHASSEN , MN Parcel Properties GIS Acres: 0.56 Homestead: Y School District: 0276 IParcel Location Section: 01 Township: 116 Range: 023 IPayable Year 2007 Est. Market Value Land: $530600 Est. Market Value Building: $509300 Est. Market Value Total: $1039900 Page 1 of 1 Taxpayer Information: TERRY D & DEBRA L VOGT 732 LAKE PT CHANHASSEN , MN 55317 Residential Year Built: 1988 Residential Footprint Sq Ft: 2434 Lot: 016 Block: 001 Platnam-e: FOX CHASE IILast Sale Information' Last Sale NOT ON FILE CARVER COUNTY GIS DISCLAIMER: This map was created using Carver County's Geographic Information Systems (GIS), it is a compilation If/I4 of information and data from various City, County, State, and Federal offices. This map is not a surveyed or legally recorded map and is intended to be tIIi used as a reference. Carver County is not responsible for any inaccuracies contained herein. .~ ft G-"Ili..- '7 ,SCANNED http://156.99 .124.167 /website/parcel_ search/printdatamap.asp?PID==252700160 4/11/2006 Print Data/Map Map Created: 4-14-2006 PID# 257300110 Parcel Information Property Address: NOT ON FILE Parcel Properties GIS Acres: 1.3 Homestead: N School District: 0276 IParcel Location Section: 01 Township: 116 Range: 023 IPayable Year 2007 Est. Market Value Land: $0 Est. Market Value Building: $0 Est. Market Value Total: $0 Page 1 of 1 Taxpayer Information: NEAR MOUNTAIN LAKE ASSN INC 610 PLEASANT VIEW RD CHANHASSEN, MN 55317 Lot: Block: Platname: REICHERT'S ADDITION IILast Sale Information Last Sale NOT ON FILE CARVER COUNTY GIS DISCLAIMER: This map was created using Carver County's Geographic Information Systems (GIS), it is a compilation C of information and data from various City, County, State, and Federal offices. This map is not a surveyed or legally recorded map and is intended to be ' ... .~. used as a reference. Carver County is not responsible for any inaccuracies contained herein. FIG 0C<.E- g SCANNED http://156.99 .124.167 /website/parcel_ search/printdatamap.asp?PID==25730011 0 4/14/2006 CITY OF CHANHASSEN AFFIDA VIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on May 4, 2006, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Near Mountain Lake Association Recreational Beachlot Conditional Use Permit and Variance - Planning Case 06-20 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and s'})~rn to before me this Lf.jy... day of L!...lo..y ,2006. , KIM T. MEUWISSEN , Notary Public-Minnesota M CornrniQsion expires Jan 31, 2010 o :T I>> :::I :T I>> Ul mZ :::I 0 .... 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The preceding disclaimer is provided pursuant to Minnesota Statutes 9466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the use~s access or use of data provided. Ldus Lake Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer Is provided pursuant to Minnesota Statutes 9466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. ALAN & ANNABEL FOX 7300 LAREDO DR CHANHASSEN, MN 55317-9608 ANDREW H & KATRINA E CLEMENS 6691 HORSESHOE CRY CHANHASSEN, MN 55317-9526 ANN HOGAN & 481 BIGHORN DR CHANHASSEN, MN 55317-9298 ARLlS A BOVY 7339 FRONTIER TRL CHANHASSEN, MN 55317-9796 BLAIR PETER ENTENMANN & 7407 FRONTIER TRL CHANHASSEN, MN 55317-9722 BRIAN H & JEANNE M BATZLI 100 SANDY HOOK RD CHANHASSEN, MN 55317-9580 CARMELA V RICHARDS 7320 KURVERS POINT RD CHANHASSEN, MN 55317-7521 CHARLES C & JANET C HURD 6695 HORSESHOE CRY CHANHASSEN, MN 55317-9526 CHRISTOPHER & TRACEY RUST 7500 CHANHASSEN RD CHANHASSEN, MN 55317-8576 CONSTANCE M CERVILLA 650 CARVER BEACH RD CHANHASSEN, MN 55317-2101 ALAN & LINDA K KRAMER 531 INDIAN HILL RD CHANHASSEN, MN 55317-9533 ANDREW J & LINDA M HOFMEISTER 6653 MERRY PL CHANHASSEN, MN 55317-4607 ANNE F JONES 480 BIGHORN DR CHANHASSEN, MN 55317-8801 BARBARA L HEDLUND 10014 INDIGO DR EDEN PRAIRIE, MN 55347-1206 BRACE D HELGESON 7820 TERREY PINE CT EDEN PRAIRIE, MN 55347-1126 BRUCE A & JODI L NORD 551 INDIAN HILL RD CHANHASSEN, MN 55317-9533 CARVER BEACH PROPERTIES 332 2ND ST EXCELSIOR, MN 55331-1806 CHARLES F LEINBERGER JR & 6655 HORSESHOE CRY CHANHASSEN, MN 55317-9526 CHRISTOPHER K LARUS & 7018 DAKOTA CIR CHANHASSEN, MN 55317-9581 CRAIG N HANSEN & 6430 FOX PATH CHANHASSEN, MN 55317-9277 ALFRED A & SUSAN K HENDERSON 7330 KURVERS POINT RD CHANHASSEN, MN 55317-7521 ANN DANIELSON 6607 HORSESHOE CRY CHANHASSEN, MN 55317-9526 ANTHONY G & SALLY A HEARD 510 PLEASANTVIEW RD CHANHASSEN, MN 55317-9437 BEVERLY H THOMAS 745 PLEASANT VIEW RD CHANHASSEN, MN 55317-9509 BRIAN C & KRISTEN L APPLEGATE 7350 KURVERS POINT RD CHANHASSEN, MN 55317-7521 CARL B FITZSIMMONS & 7480 CHANHASSEN RD CHANHASSEN, MN 55317-9503 CATHERINE S HISCOX 7500 ERIE AVE CHANHASSEN, MN 55317-7903 CHARLES R & JUDY L PETERSON 708 LAKE PT CHANHASSEN, MN 55317-9284 CHRISTOPHER S PELLETIER & 6420 FOX PATH CHANHASSEN, MN 55317-9277 CURT R & SHELLY A SCHWIESO 6681 HORSESHOE CRY CHANHASSEN, MN 55317-9526 CURTIS G & CHERI L ANDERSON 500 PLEASANT VIEW RD CHANHASSEN, MN 55317-9437 DANNY J & BRENDA L VATLAND 7290 KURVERS POINT RD CHANHASSEN, MN 55317-7518 DAVID E & CAROLYN M WETTERLlN 7420 CHANHASSEN RD CHANHASSEN, MN 55317-9503 DAVID M & LAURIE C SUSLA 7409 FRONTIER TRL CHANHASSEN, MN 55317-9722 DAVID W & BEVERLY J KOPISCHKE 6675 HORSESHOE CRV CHANHASSEN, MN 55317-9526 DENNIS J & TONIE FLAHERTY 7004 DAKOTA CHANHASSEN, MN 55317-9583 DORIS A ROCKWELL 6677 HORSESHOE CRV CHANHASSEN, MN 55317-9526 DOUGLAS J & LANA HABERMAN 520 PLEASANT VIEW RD CHANHASSEN, MN 55317-9437 ERNEST F PIVEC 5060 MEADVILLE ST EXCELSIOR, MN 55331-8788 FRANKLIN J & MYRNA A KURVERS 7220 KURVERS POINT RD CHANHASSEN, MN 55317-7518 DANIEL A & MARILYN BOECKERMANN 104 SANDY HOOK RD CHANHASSEN, MN 55317..9580 DAVID A & PATRICIA L PREVES 106 SANDY HOOK RD CHANHASSEN, MN 55317-9580 DAVID FRANKLIN LABADIE & 489 PLEASANT VIEW RD CHANHASSEN, MN 55317-9576 DAVID 0 & RACHEL A (GEL 501 BIG WOODS BLVD CHANHASSEN, MN 55317-4504 DEAN T & SUSAN L STANTON 500 BIGHORN DR CHANHASSEN, MN 55317-8805 DENNIS ZHU & 716 LAKE PT CHANHASSEN, MN 55317-9284 DOUGLAS H & JEANNE E MACLEAN 7280 KURVERS POINT RD CHANHASSEN, MN 55317-7518 EILEEN T KELLY 740 LAKE PT CHANHASSEN, MN 55317-9284 FRANCIS J HOFMEISTER & 7645 GIBRAL TER TER APPLE VALLEY, MN 55124-6123 FREDERIC OELSCHLAGER ETAL 7410 CHANHASSEN RD CHANHASSEN, MN 55317-9503 DANIEL L ROBBINS & 6375 OXBOW BND CHANHASSEN, MN 55317-9128 DAVID B SANFORD & 6440 FOX PATH CHANHASSEN, MN 55317-9277 DAVID M & JOANNA POINAR 7303 LAREDO DR CHANHASSEN, MN 55317-9608 DAVID R & VALERIE L ROSSBACH 670 PLEASANT VIEW RD CHANHASSEN, MN 55317-9509 DENNIS C & JANIS I FISHER 7501 ERIE AVE CHANHASSEN, MN 55317-7903 DONALD N & CAROL J MEHL 490 BIGHORN DR CHANHASSEN, MN 55317-8801 DOUGLAS J & ELIZABETH K BITNEY 6645 HORSESHOE CRV CHANHASSEN, MN 55317-9526 EMILY H JOHNSON 335 PLEASANT VIEW RD CHANHASSEN, MN 55317-9524 FRANK W JR & MARGARET M HETMAN 7014 DAKOTA CHANHASSEN, MN 55317-9582 FRONTIER TRAIL ASSN 201 FRONTIER CT CHANHASSEN, MN 55317-9728 GARY J SCHNEIDER & 640 PLEASANT VIEW RD CHANHASSEN, MN 55317-8327 GREG & MARIA LINDSLEY 500 BIG WOODS BLVD CHANHASSEN, MN 55317-4504 HENRY & SANDRA NEILS 7012 DAKOTA CHANHASSEN, MN 55317-9583 JAMES K MCCLEARY 6661 HORSESHOE CRV CHANHASSEN, MN 55317-9526 JANICE LANDRUS 449 PLEASANT VIEW RD CHANHASSEN, MN 55317-9576 JOHN & BEVERLY RYAN 6685 HORSESHOE CRV CHANHASSEN, MN 55317-9526 JOHN M & SANDRA L CUNNINGHAM 6665 HORSESHOE CRV CHANHASSEN, MN 55317-9526 JOHN R & CAROL W HAMMETT 6697 HORSESHOE CRV CHANHASSEN, MN 55317-9526 JON ALAN LANG 640 CARVER BEACH RD CHANHASSEN, MN 55317-9428 KALLEY T Y ANT A 365 PLEASANT VIEW RD CHANHASSEN, MN 55317-9524 GARY M SCHELlTZCHE 680 PLEASANT VIEW RD CHANHASSENj MN 55317-9509 GREGORY DEAN CRAY 200 FRONTIER CT CHANHASSEN, MN 55317-9728 HERBERT N & CAROLYN BLOOMBERG 7008 DAKOTA CHANHASSEN, MN 55317-9583 JAMES R & KATHRYN A DREESEN 6379 OXBOW BND CHANHASSEN, MN 55317-9128 JAY H & SHELLEY H STROHMAIER 80 SANDY HOOK RD CHANHASSEN, MN 55317-9312 JOHN C LEE 7337 FRONTIER TRL CHANHASSEN, MN 55317-9796 JOHN P & JANE THIELEN 665 PLEASANT VIEW RD CHANHASSEN, MN 55317-9509 JOHN T & RUTH E SCHEVENIUS 570 PLEASANT VIEW RD CHANHASSEN, MN 55317-9437 JOSEPH J & CHRISTINE K STONE 6370 OXBOW BND CHANHASSEN, MN 55317-9109 KEITH M & MARY BETH HOFFMAN 6470 FOX PATH CHANHASSEN, MN 55317-9279 GEORGE J & DIANNE H PRIEDITIS 7401 FRONTIER TRL CHANHASSEN, MN 55317-9722 HAROLD G & KATHRYN M DAHL 6631 HORSESHOE CRV CHANHASSEN, MN 55317-9526 JAHN A DYVIK 610 PLEASANT VIEW RD CHANHASSEN, MN 55317-8327 JAMES T & DIANE S LESTOR 429 PLEASANT VIEW RD CHANHASSEN, MN 55317-9576 JEFFREY W & MARY L BORNS 7199 FRONTIER TRL CHANHASSEN, MN 55317-9605 JOHN E NICOLAY JR 608 PLEASANT VIEW RD CHANHASSEN, MN 55317-8327 JOHN P & SUZANNE D BOHN 6377 OXBOW BND CHANHASSEN, MN 55317-9128 JOHN W SCHNEIDER JR 6340 SUMMIT CIR CHANHASSEN, MN 55317-9138 JOSEPH M & MARGERY M PFANKUCH 6611 HORSESHOE CRV CHANHASSEN, MN 55317-9526 KENTON D KELLY 6539 GRAY FOX CRV CHANHASSEN, MN 55317-9247 KEVIN & LINDA SHARKEY 6900 ROLLING ACRES RD EXCELSIOR, MN 55331-9681 LADD R & SUSAN M CONRAD 6625 HORSESHOE CRV CHANHASSEN, MN 55317-9526 LINDA WILKES 7632 SOUTH SHORE DR CHANHASSEN, MN 55317-9400 LOTUS LAKE HOMEOWNERS ASSN PO BOX 63 CHANHASSEN, MN 55317-0063 MARK C & NANCY A ENGASSER 7000 DAKOTA CHANHASSEN, MN 55317-9583 MARY J SILL 6385 OXBOW BND CHANHASSEN, MN 55317-9128 MELVIN & JACQUELINE D KURVERS 7240 KURVERS POINT RD CHANHASSEN, MN 55317-7518 MICHAEL A & CYNTHIA A COLSON 6373 OXBOW BND CHANHASSEN, MN 55317-9128 MICHAEL R & JODY SCHEPERS 540 PLEASANT VIEW RD CHANHASSEN, MN 55317-9437 NEAR MOUNTAIN LAKE ASSN INC 610 PLEASANT VIEW RD CHANHASSEN, MN 55317-8327 KEVIN A & LEANNE M BENSON 620 PLEASANT VIEW RD CHANHASSEN, MN 55317-8327 LARRY A & JULIE M KOCH 471 BIGHORN DR CHANHASSEN, MN 55317-9298 LORNA G TARNOWSKI 7405 FRONTIER TRL CHANHASSEN, MN 55317-9722 LOWELL A & NANCYW JOBE 109 SANDY HOOK RD CHANHASSEN, MN 55317-9580 MARK LOREN OLSON & 536 PLEASANT VIEW RD CHANHASSEN, MN 55317- MATHEW PARENS & 7644 SOUTH SHORE DR CHANHASSEN, MN 55317-9400 MICHAEL & DEBRA HAYDOCK 6460 FOX PATH CHANHASSEN, MN 55317-9279 MICHAEL A & JANET A STANZAK 724 LAKE PT CHANHASSEN, MN 55317-9284 MICHELE M KOPFMANN & 7415 FRONTIER TRL CHANHASSEN, MN 55317-9722 NEIL & BARBARA GOODWIN 7310 KURVERS POINT RD CHANHASSEN, MN 55317-7521 KURVERS POINT HOMEOWNER ASSN 7240 CHANHASSEN RD CHANHASSEN, MN 55317-9503 LARRY P MON 4909 PAYTON CT EDINA, MN 55435-1544 LOTUS LAKE BETTERMENT ASSN 105 SANDY HOOK RD CHANHASSEN, MN 55317-9580 LUCI M HARTERT 6371 OXBOW BND CHANHASSEN, MN 55317-9128 MARK 0 & SUZANNE SENN 7160 WILLOW VIEW CV CHANHASSEN, MN 55317-7514 MATTHEW T & LISA A KOEPPEN 5410 GROVE ST EDINA, MN 55436-2210 MICHAEL & KATHRYN SCHWARTZ 469 PLEASANT VIEW RD CHANHASSEN, MN 55317-9576 MICHAEL CARR & 6369 OXBOW BND CHANHASSEN, MN 55317-9128 NANCY A ENGASSER 7000 DAKOTA CHANHASSEN, MN 55317-9583 NICHOLAS J VASSALLO & 6669 HORSESHOE CRV CHANHASSEN, MN 55317-9526 PAT H FITZSIMMONS & 7400 CHANHASSEN RD CHANHASSEN, MN 55317-9503 PAUL F & LISA T HUBER 6663 HORSESHOE CRV CHANHASSEN, MN 55317-9526 PAUL L & DESTINI MOLITOR 748 LAKE PT CHANHASSEN, MN 55317-9284 PETER J & KATHERINE S DAHL 220 FRONTIER CT CHANHASSEN, MN 55317-9728 RICHARD J & EUNICE M PETERS 7301 LAREDO DR CHANHASSEN, MN 55317-9608 ROBERT FLYNN & 40 HILL ST CHANHASSEN, MN 55317-9586 ROBERT M & ANETTE R BARNHART 6330 SUMMIT CIR CHANHASSEN, MN 55317-9138 ROLF G ENGSTROM & 7201 FRONTIER TRL CHANHASSEN, MN 55317-9605 SAMUEL G & LAURIE J CURNOW 650 PLEASANT VIEW RD CHANHASSEN, MN 55317-9509 SEAN & MELINDA FITZGERALD 630 PLEASANT VIEW RD CHANHASSEN, MN 55317-8327 PATRICIA A PAULS 11010 OREGON CRV BLOOMINGTON, MN 55438-2806 PAUL G & KELLEY E KOSMIDES 7636 SOUTH SHORE DR CHANHASSEN, MN 55317-9400 PAUL T EIDSNESS & 4395 TRILLIUM LN W MOUND, MN 55364-7713 PHILIP 0 & LUDMILLA J ISAACSON 6633 HORSESHOE CRV CHANHASSEN, MN 55317-9526 ROBERT B & SUE MIDNESS 112 SANDY HOOK RD CHANHASSEN, MN 55317-9580 ROBERT H & SALLY S HORSTMAN 7343 FRONTIER TRL CHANHASSEN, MN 55317-9796 ROBERT P BIRDWELL & 7016 DAKOTA CIR CHANHASSEN, MN 55317-9581 RONALD C & SHAWN P HAINES 7340 KURVERS POINT RD CHANHASSEN, MN 55317-7521 SCOTT & JULIE MAEYAERT 7506 ERIE AVE CHANHASSEN, MN 55317-7903 SEYMOUR S RESNIK 7370 KURVERS POINT RD CHANHASSEN, MN 55317-7521 PATRICK F & KATHRYN A PAVELKO 7203 FRONTIER TRL CHANHASSEN, MN 55317-9605 PAUL J & KARl J ROMPORTL 7417 FRONTIER TRL CHANHASSEN, MN 55317-9722 PETER A MOSCA TELLI 102 SANDY HOOK RD CHANHASSEN, MN 55317-9580 RAYMOND P & ALICIA L BROZOVICH 6609 HORSESHOE CRV CHANHASSEN, MN 55317-9526 ROBERT F & DIANA L DAVIS 6387 OXBOW BND CHANHASSEN, MN 55317-9128 ROBERT IAN AMICK 581 FOX HILL DR CHANHASSEN, MN 55317-9538 ROGER & MARJORIE L KARJALAHTI 7413 FRONTIER TRL CHANHASSEN, MN 55317-9722 RONALD E HARVIEUX & 6605 HORSESHOE CRV CHANHASSEN, MN 55317-9526 SCOTT J & DENISE B SMITH 30 HILL ST CHANHASSEN, MN 55317-9586 STATE OF MINNESOTA-DNR 500 LAFAYETTE RD ST PAUL, MN 55155-4030 STEPHEN J &JEANNIE L WANEK 6615 HORSESHOE CRV CHANHASSEN, MN 55317-9526 STEVEN F & PATRICIA L STAMY 491 BIGHORN DR CHANHASSEN, MN 55317-9298 STEVEN T JENKS 7490 CHANHASSEN RD CHANHASSEN, MN 55317-9503 SUSAN R APPLEGATE 7360 KURVERS POINT RD CHANHASSEN, MN 55317-7521 THOMAS & MARILYN PALM BY 114 SANDY HOOK RD CHANHASSEN, MN 55317-9580 THOMAS M & NANCY S SEIFERT 600 PLEASANT VIEW RD CHANHASSEN, MN 55317-8327 THOMAS V & DARLEEN TURCOTTE 108 SANDY HOOK RD CHANHASSEN, MN 55317-9580 TIMOTHY C SAMUELSON & 6381 OXBOW BND CHANHASSEN, MN 55317-9128 TODD R MAGILL & 20433 CHERYL DR TORRANCE, CA 90503-1815 STEVEN A & BETH A MCAULEY 20 HILL ST CHANHASSEN, MN 55317-9586 STEVEN M & MONICA M POSNICK 701 0 DAKOTA CHANHASSEN, MN 55317-9583 STEVEN T MESTITZ & 7200 WILLOW VIEW CV CHANHASSEN, MN 55317-7514 T MICHAEL MILLER & 6350 SUMMIT CIR CHANHASSEN, MN 55317-9138 THOMAS A & JUDY R MEIER 695 PLEASANT VIEW RD CHANHASSEN, MN 55317-9509 THOMAS M & SUSAN J HUBERTY 6450 FOX PATH CHANHASSEN, MN 55317-9277 THOMAS W & PAMELA C DEVINE PO BOX 714 CHANHASSEN, MN 55317-0714 TIMOTHY J & DIANE A MCHUGH 7450 CHANHASSEN RD CHANHASSEN, MN 55317-9503 WILLIAM & IVY KIRKVOLD 201 FRONTIER CT CHANHASSEN, MN 55317-9728 STEVEN A & CAROL K DON EN 7341 FRONTIER TRL CHANHASSEN, MN 55317-9796 STEVEN M GULLICKSON & 6613 HORSESHOE CRV CHANHASSEN, MN 55317-9526 SUNRISE HILLS 7340 LONGVIEW CIR CHANHASSEN, MN 55317-9797 TERRY D & DEBRA L VOGT 732 LAKE PT CHANHASSEN, MN 55317-9284 THOMAS F III & KAREN M CONBOY 6383 OXBOW BND CHANHASSEN, MN 55317-9128 THOMAS R & AMY B EDSTROM 10 HILL ST CHANHASSEN, MN 55317-9586 THOMAS W HAROLD 7411 FRONTIER TRL CHANHASSEN, MN 55317-9722 TODD L & PATRICIA A FROSTAD 561 INDIAN HILL RD CHANHASSEN, MN 55317-9533 WILLIAM & MARJORIE SPLlETHOFF 4041 GULF SHORE BLVD N #312 NAPLES, FL 34103-3422 Public Hearing Notification Area (500 feet + Riparian) Near Mountain Lake Association Beachlot Outlot B, Reichert's Addition Planning Case No. 06-20 City of Chanhassen ~ 111III "I\' J~ =ti~ A~ ~.' . ~~.I.J::khl..._,.... ~,/7V.A~" :=.-\ ..u, I f-!,A: )y /'~ ;;';v ),,, ,--,~_." ~ f--.v ~~-?' - f\ TT ~ ({ ~'j)- -' ..... ~ \li 11/\\/ ~ ii\\ 11/. .. 'I. '-I'T-'f-H / -- SUbj~,,-S#:~ 1-l:=Qy: pro~;J\ \lL UtI'>: '~~')~ ;"If ')\= .- · fJ- 'f- '/ .,' J-- /\\r1 J --ff (\ \ ~rJ-~. i :::.-.-= f r "', ..~ ~ ~. n r--,f- - - -_.~ Vf (/ --> f- ~\-" . F"-~'- '\ He-. /\ ~ ~ ::: C>. !I, I. It :JV:\ L1r f- f- \X ^ y Jljjt:' '{:l 'l:r h: J -r 'J.{.f. Ht 1~f Ii! 1,[I']~~.. r~~~~~1 -il- ~m IlL n::::I\\~ r-.f- .L..J...,J...'l ~ I- . s::q::J;'\ . ~Jgl~~ (ff;j ~~m + ~~~ 11 II '~\' '-'- '/\Y lr ~IL I . ~ = "'~f ~'=r I '= ~~I.. .-- .~ = ..1 ~. _.. ~I: '~,~ \ I-- II ~~-- \ ; \\\1\- ~~ I '"' 11"''""-0\ \ ~ ~ )/\'\'\f:~ H - H \ ,ifi~~ ,\ \ / 11/ ~:.~.! I ~.~ ~\l~ ,\. ~ii Y~J^\., J f- -. ~~J / ,\ '. /' I-- '- ~ / y' >;:;-- ~ .~\~ .v. '--.,[( , ~" 'm '>' 1fT' >p r n; ~ V\>;;:! 2=\71 / \1r::::/' ~ 7 I I 'j- m~ I /; 1 H'-I \. I I, I I I ~ / ~.'/ J....\SLC~ i: 1'T I - - :.\ ~( r.<~1- ~fl- '~'II- T \. U- ~ ~r V1-Il>.......-.. ~ \; '"---'---!- /1l!-F{ fA ~.. - r · . - r _~ \'i~l~ '0:j-. 0.. v:.;- .' . ; r }i 1.\"\. ~ f- ~\ & ~;:..-' j \ If- ~~~, ,"0 ~..,.., ..... --", tt!!:t!tttlJJIt f- f- I lL 'f- . / . r-'--- . -.' 'If: -_.:..\ \ il=r=i" -"1--. .... 'LDI-r7R \ \).':'0/' / ~ ~ .~~II% \!! l i ilr---t-i JIM _",! \ 7}/ T\-7~ TX:-.-1 ~ / l)--- 1== '- LolusLake -\~ ---\LHI \\\ -At ; f ~ J'f\ \~~:ra ~] ..' .:;::. ,J....l s ,........- ~ ..~ ~(:.~ CITY OF CHANHASSEN C{1 /( 3 OJ;Lp - CARVER AND HENNEPIN COUNTIES, MINNESOTA CONDITIONAL USE PERMIT 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for: A recreational beachlot 2. Property. The permit is for the following described property in the City of Chanhassen, Carver County, Minnesota: Outlot B, Reichert's Addition 3. Conditions. The permit is issued subject to the following conditions: 1. Compliance with Article 5-9-11 of the Zoning Ordinance. 2. No alteration to the existing site shall be permitted. There shall be no use of chemical kill or dredging in the wetland without an additional wetland alteration permit, DNR and City Council approval. 3. The recreational beachiotis limited to the installation of 1 dock and 1 canoe rack. 4. The beachlot shall be maintained by the Near Mountain Lake Association. 5. A It slow - no wake" buoy shall be installed and main.tain.ed.-.py- the homeowners association. 6. There shall be no launching of motorized boats or boats that require a trailer from the beachlot. 4. Termination of Permit. The City may revoke the permit following a public hearing u~der any of the following circumstances: material change of condition of the neighborhood where the use is located: violation of the terms of the permit. ..,j 5. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: August 3, 1987 :;Ji;;; kL I . ayor By, .<{1/ OJ ~(A Its C er . . STATE OF MINNESOTA) ) ss COUNTY OF CARVER ) .~~ The foregoing instrument was acknowledged before me this ~ day of . ~ ' 19f~ by Thomas L. Hamilton, Mayor, and Don Ash orth, City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation. . ...~-.~_.~,.",.,~;t.o.r~ ~ / ;-"1' !Co r;r,N J. ENGELI;!~RDT ~.' ...~ 1'.~C:U~f\Y PU9UC - MINNESOTA \ ,..;,!", ...., Cl\ roVCR CqUNTY \~".~i.l.."t~~:.J My co:omission expires 10-16-91 .) "jt~'~1:V . .--- '2ir~~ --~.....~:.:- ..1 Rev. CMM/9-2'3-8 0 Attoc-hrn-eni -1*C CITY OF CHANHASSEN ~ This permit and agreement, made and entered into this /5' day of :;;;,Ne.. , 19 ~J , by and between Bloomberg Companies Incorporated, and Lotus Lake Betterment Association, Inc., (hereinafter referred to collectively as the Applicant), and the City of Chanhassen, a Minnesota municipal corporation (hereinafter referred to as the City); WITNESSETH: That the City, in exercise of its powers pursuant to M.S. Chapter 412 & 462, and the Chanhassen Zoning Ordinance, hereby grants to the Applicant herein a non-conforming use permit to maintain and operate a private neighborhood association recreational area upon Outlot A, Colonial Grove at Lotus Lake Second Addition, Carver County, Minnesota (hereinafter Outlot A), subject to the following terms and conditions, all of which shall be strictly complied with as being necessary for the protection of the public interest: Section 1. Recitals. 1.01 Prior Platting of Colonial Grove at Lotus Lake. Prior to the adoption of the Chanhassen Zoning Ordinance (Ordinance 47 adopted February 8, 1972), the plat of Colonial Grove at Lotus Lake (hereinafter the First Addition) was filed with the Carver County Minnesota Registrar of Titles. Said plat included two outlots designated thereon as Outlots 1 and 2. 1.02 Prior Usage of Outlot 1. Said Outlot 1 included frontage on Lotus Lake, and has, since the time of platting of the First Addition, been continuously used by the residents of the First Addition as a lake access, boat launching area, swimming beach, tennis and recreation area; and as such constitutes a "recreational area" operated by a residential neighborhood association for which a conditional use permit is required under section 7.04 of the Chanhassen Zoning Ordinance. 1.03 Status of Outlot 1 as a Non-Conforming Use. Because the establishment of said recreational area pre-dates the adoption of the Chanhassen Zoning Ordinance, said recreational area constitutes a non-conforming use, the expansion of which is prohibitied by section 20 of the Chanhassen Zoning Ordinance, unless a conditional use permit has been obtained first from the City for such expansion. 1.04 Platting of The Second Addition. Bloomberg, as the owner of Outlots 1 and 2 in the First Addition, has made application to the City for the approval of the plat of Colonial Grove at Lotus Lake Second Addition (hereinafter the Second Addition). By said p~at, Out10ts 1 and 2 in the First Addition are divided, so as to create 31 new lots and one new outlot, designated as Outlot A. Said Outlot A encompasses that portion of the First Addition which has been and is now be~ng utilized as the aforementioned recreational area. Bloomberg means Bloomberg Companies Incorporated. 1.05 Conveyance of "Outlot A to Association. Bloomberg, as the owner of Outlot A, has informed the City that it has incorporated the Lotus Lake Betterment Association, Inc. (hereinafter the Association) as non-profit corporation to which Bloomberg will convey ownership of Outlot A. Bloomberg has informed the City that neither it nor the Association will make any alteration of said Outlot A, and that said Outlot A will be made available the residents of the First Addition, and the Second Addition, and to the residents of so-called John C. Lovetang tract (more particularly described in the documents filed in the office of the Carver County Recorder at Book 83, page 23, and Book 84, page 215). 1.06 Purpose of This Permit. The within permit has been drafted for the purpose of memorializing both those recreational uses which may be conducted by the Applicant upon Outlot A in the absence of the issuance of a conditional use permit and those activities which would constitute an expansion of the use of said Outlot A, and thus, require the Applicant to seek a conditional use permit from the City prior to any such expansion. Section 2. Special Conditions. 2.01 Permit Not Transferable. This permit is personal to the Applicant and to the Association, and is not assignable or transferable except upon the written consent of the City. 2.02 Release of Bloomberg. The City, upon written request, shall release Bloomberg from its obligations hereunder upon receipt of documentation which demonstrates a} the proper incorporation of the Association pursuant to Chapter 317 of Minnesota Statutes, and b} the conveyance of title to the Subject Property in fee simple to the Association for the benefit of all owners of lots in the First Addition, the Second Addition, and the above described John C. Lovetang tract. No such release shall be given until such documentation has been approved by the City Attorney as to legal sufficiency. No such release as to Bloomberg shall have the effect of releasing the Association from its obligations, covenants, and agreements hereunder. 2.03 Rights Under This Permit Not Expandable to Other Owners. This permit is issued for the benefit of the owners of the forty-one lots in the First Addition, the thirty-one lots in the Second Addition, and the one homesite in the above described John C. Lovetang tract. The Applicant agrees that the use and enjoyment of Outlot A shall be limited to said owners. The use and enjoyment of Outlot A may not extend to persons other than such owners. The term "ownersll as utilized in this ~2.03 shall mean and refer to any natural person who is either a} the record owner of a fee simple interest, or b) the record owner of a contract for deed vendee's interest, or c} the holder of any possessory leasehold -2- Rev.CMM/9/23-80 interest, in the whole of any such lot or tract, including authorized guests and family members of any such persons. In the event that the above described First Addition lots, Second Addition lots, or John C. Lovetang tract are further divided subsequent to the date of this permit, the Association shall not extend usage rights to the owners of the resultant parcels unless a conditional use permit for a recreational area shall have been first obtained from the City Council. 2.04 Description of Property Subject to This Permit. The premises subject to the within non-conforming use permit are described as follows: Outlot A, Colonial Grove at Lotus Lake Second Addition, according to the map or plat thereof on file and of record in the office of the County Recorder, in and for Carver County, Minnesota. 2.05 No Alteration of Outlot A. No portion of Outlot A shall be developed, altered, or disturbed in any way, except after first having obtained a conditional use permit from the Chanhassen City Council for any such development, alteration, or disturbance. For}th~ p~poses of this permit, normal maintenance of the existing ON~ ~u~J~LJ foot dock and the existing tennis court and other existing improvements, normal maintenance and routine mowing of existing improved lawn areas on Outlot A shall not be deemed to be an alteration requiring issuance of a City permit. 2.06 Swimming and Picnicing. Outlot A may be used for tennis, swimming purposes and picnicing purposes by "owners" as that term is defined in section 2.03 above. 2.07 Buildings. No buildings, ice fishing houses, tool sheds, or tents may be erected or stored upon Outlot A. 2.08 Mooring Buoys. No mooring buoys shall be placed upon Outlot A or in the waters adjacent to Outlot A. 2.09 Airplanes. No airplane or taxied upon, or parked upon Outlot A. in the waters adjacent to Outlot A. 2.10 Swimming Platforms. Neither the Applicant nor any owner as hereinabove defined shall erect or maintain any swimming or diving platform on Outlot A or within the waters adjacent to Outlot A. seaplane shall be driven upon, No seaplane shall be moored 2.11 Certain Structures Prohibited. Except for the construction of a chain link boundary fence not exceeding five feet in height, no structure may be constructed or erected upon Outlot A. No docks, piers, boat racks, or canoe racks shall be constructed or erected upon Outlot A or in the waters abutting Outlot A. 2.12 Camping Prohibited. No owner, as defined hereinabove, or other person shall camp overnight on Outlot A. -3- 2.13 Motor Vehicle Parking. No motor vehicle or trailer shall be parked or stored overnight or on a permanent basis on Outlot A. Section. 3. Miscellaneous. 3.01 Severability. In the event any provisions of this permit shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provisi.on hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 3.02 Execution of Counterparts. This permit may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. 3.03 Headings. Headings at the beginning of sections and paragraphs hereof are for convenience of reference, and shall not be considered a part of the test of this permit, and shall not influence its construction. 3.04 Proof of Title. Upon request, the Association shall furnish the City with evidence satisfactory to the City that it has acquired fee title to Outlot A. 3.05 Notices. All notices, certificates and other communicationS hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Applicant, by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this permit. Unless otherwise provided by the respective parties, all notices, certificates, and communications to each of them shall be addressed as follows: To the City: City of Chanhassen City Hall 7610 Laredo Drive Chanhassen, MN 55317 Attn: City Manager To Bloomberg: Bloomberg Companies Incorporated 551 West 78th St Chanhassen, MN 55317 To the Associa- tion: Lotus Lake Betterment Association, Inc. c/o Bloomberg Companies Incorporated 551 West 78th St Chanhassen, MN 55317 3.06 Owners to be Notified of This permit. The Association shall furnish each of its members with a copy of this permit within thirty (30) days of any such member's initial membership in the Association. -4- <: Cll N I- 0 .... 0 III IJ.I ~,- u,.Waj to Z - 0:: z ~ ai Sl:l:l;w .... 0 , Ii. . U U :Ec:::im .... w ill ~ '" > :l - Za:a.?< Z<t)olll <tUc:Z W <: 0 -I 1-;; o m Z - ]; <fJt~, ]; j..... .~~....... 0 ';::-:';-:ltti':f... lJ ,o;~.~1~'i~i' >- '~l~'''' .~ 3.07 Term of 'l'his Permit. This permit snaIl be perpetual. Section 4. Enforcement. Provisions. 4.01 Reimbursement of' Costs. The Applicant shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative ~enses incurred by the City in connection with all matters relating to the administration and enforcement of the within permit and the performance thereby by the Applicant. Such reimbursement shall be made within fourteen (14) days of the date of mailing of the City's notice of costs as provided in S3.0S above. The Applicant's reimbursement obligation under this section shall be a continuing obligation throughout the term of this permit. 4.02 action of the within Legal proceedings. The City may institute any proper or proceeding at law or at equity to prevent violations within permit or to restrain or abate violations of the permit. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on this l~!'::- day of J"u"A..Jc.;- 19~. BLOOMBERG COMPANIES INCORPORATED LOTUS LAKE BETTERMENT ASSOCIATION, INC By~}tg~ And, ~-~;::t ~ ts 11.. By 7t-'d ~...,..~ ~c;~ d,/7 ..." ~ .'- ~ ts .>~-t:'.J.-#"t.'''- r- . And ~~ its l/. P. CI~~/ANHASSEN iii, II By IllP/n::+' ( t<:~it~ . . J ~ts Mayor ATTES7U: - ! .I ' "t"':..j City Manager r ' ..' C-'''.' '<1 --( f)' - .-/ . ....leA ...., ~._-_" ' STATE OF MINNESOTA) ) S5 COUNTY OF l'AI/'lAlc...4L-) . ~ = On th~s (S'- day of -qlA.kr~ , 19 g' , before me, a notary public, within and for said County, personally appeared 11 ~ + IV. t.Asto-~~~ and L.\.), I\t. vvt~ tU>)fr~ to me personally known, who, b ing ea~h by me duly swor~ did.s~YI that they are respectively the pre Cl d........,~+- and Ul u {~~.~ of Bloomberg Companies Incorporated, and that said instrument was signed in behalf of ~ai~ corporation by authority it its Board of Directors, and said ~ + N. ~~t-:.-""'l and Lu. rn .. J1.t 7lc-,.1z of acknowledged said instrument to be the ~ree act and deed of sa~d corporation. i..t..o../"YI.A<....LL /7 F~ Notary Public STATE OF MINNESOTA) ) ss COUNTY OF QA-1U)GlL ) On this , <(!... day of -:l1..LA.J~ , 19~, , before me, a notary public, within and for said county, personally appeared f.t.i( ((b-vo.... ~ __ <: P (I ~ t1t. Q}- and 6:.l. V\.t. M t rl..u rh:.e... to me personally known, who, being each by me duly sworn, did say that they are respectively the flr..t..\.t.c;I.....,.....,..J and VI i.. fire S I *c::l-->J of Lotus Lake Betterment Association, Inc., and that said instrument was signed in behalf of said corporation by authority of its Board of Directors, and said t.q,Htlv-C.C'plc:.e-H.rfl and ~.fM. tU'- ~Yk:e., acknowledged said instrument to be the free act and deed of said corporation. -! 0 A./\1 I1A L\.- J! F ()--'~ Notary Public STATE OF MINNESOTA) ) ss COUNTY OF ) ~.~ LEANNA M. FORCIER '~~/j} CARVER COUNTY "~ NOTARY PUBL.IC-MINNESOTA MY CCMM1SS,ON EXPIRES FEB. 18. 1988 On this I~ day of ~ ' 19 iI, before me, a notary public within d for said county, personally appeared Tan Hamilton and Donald W. Ashworth, to me personally known, whO, being each by me duly sworn, did say that they are 'respectively the Mayor and City Manager of the corporation named in the foregoing instrument, and that said instrument was signed in behalf of said corporation by authority of its City Council, and said Torn Hamil ton and Donald W. Ashworth acknowledged said instrument to be the free act and deed of said corporation. ~.~c '1""'t##'A&_~# .~;;:~;.;..,~ KAREN J. _' ,;;LHAROT 1i% U.:.Q NOTARY P. - C - U':.NESOTA \.~~' Cp.~...:.8 COUNTY \.~.~..'" My CO:,;,,,ISS,O" 1:;'':''00 ":;~l 11.1885 -~.,.,. ,..,..~....;..;,. -6- ..; 9_.?~'d- J,)JIii>"'J!" '" pO 6' 1,"'....."" CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA IN RE: Application of~lonial Gro~~ ~Homeowners Asso clL..LUH .LV.L a. ~Non-confOrming Use Permit On September 13, 1993, the Chanhassen city Council met at its regularly scheduled meeting to reconsider the Application of the Colonial Grove Homeowners Association for a Non-Conforming Use Permit for the Colonial Grove Recreational Beachlot. Specifically, the Application, submitted pursuant to Section 20- 79 of the city of Chanhassen zoning Ordinance, is to amend the existing permit by establishing a baseline use of Colonial Grove's dock for purposes of mooring boat.s overnight. FINDINGS OF FACT AND DECISION The Planning Commission conducted a public hearing on the proposed non-conforming use preceded by published and mailed notice. The Planning Commission heard testimony from the Colonial Grove Homeowners Association, the Lotus Lake Homeowners Association, Inc., and all other interested persons wishing to speak. Based on the hearings conducted and the evidence received, the City Council now makes the following: FINDINGS OF FACT 1. That the property is currently zoned R-1. 2. On June 15, 1981, the city of Chanhassen granted to Bloomberg Companies Incorporated and Lotus Lake Betterman Association, Inc., a non-conforming use permit to maintain and operate a private neighborhood association recreational area, hereinafter referred to as Colonial Grove Recreational Beachlot. Said non-conforming use permit neither expressly nor impliedly refers to the number of boats which were moored at the beachlot overnight in 1981 or the amount which would be permitted in the future. 3. On February 24, 1992, the Chanhassen city Council amended Chapter 20 of the Chanhassen city Code concerning non- conforming beachlots. The amendment to section 20-79 requires non-conforming recreational beachlots to apply for a permit. Said permits are issued upon receipt of satisfactory proof concerning the nature and extent of the legal non-conforming use. 4. Due to the pre-existing permit obtained by the Colonial Grove Recreational Beachlot in 1981, the only issue which is considered in the current application is the nature and extent of the proposed non-conforming use of the Colonial Grove Recreational Beachlot dock for overnight mooring of boats. 8777 <', 5. The survey which was taken by the city Lake study Committee in 1981 and indicates that there were never more than three boats moored overnight at the dock. This evidence provides the most accurate benchmark and serves as satisfactory proof that no more than three boats were moored overnight in 1981. The accuracy of the survey is supported by the Lotus Lake Homeowners Association, Inc. letter dated July 20, 1993 and signed by past and current Board members. Further proof is provided by the eight affidavits of Georgette Sosin, Harvey Parker, John Wanielson, Raymond Brizorra, Leann Hanreiux, Linda Sathre, Mary Jean Totino and Alisha Srozovich, all of which state that there were never more than three boats moored overnight at the dock in 1981. The Applicant's presentation of five affidavits of Colonial Grove occupants in support of their position that there were eight boats which used the dock for overnight mooring in 1981 is not satisfactory proof. The recollection of these five residents is overcome by the evidence that there was never more than three boats moored overnight in 1981. Based on the foregoing, the City Council of Chanhassen makes the following: DECISION 1. The non-conforming use of the Colonial Grove Recreational Beachlot for overnight mooring of boats did not exceed three (3) boats in 1981. The non-conforming use permit shall be amended to describe the allowed use of the Colonial Grove Recreational Beachlot dock for the overnight storage of a maximum of three (3) boats. . . Ab~~ . Addoo~p,~t~edd by the Chanhassen city Council this ~, 1993. /3 day of ATTE~Q Don Ashworth, ~ '€:rty Manager 8777 -2- ~'^J ~ ,(.. '. .~ . '''~;;'' $>- BEACHLOT CITY OF CHANHASSEN RESTATED CONDIT This restated conditional use permit and agreement made and entered into this 7th day of July, 1986, by Lotus Lake Estates Homeowners Association (hereinafter the "Association"), and the City of Chanhassen, a Minnesota municipal corporation (hereinafter referred to as the "City"); WITNESSETH: That the City, in exercise of its powers pursuant to M.S. S462.357, and other applicable state law, and S14 of the Chanhassen Zoning Ordinance, hereby grants to the Association herein a restated conditional use permit to maintain and operate a private neighborhood association recreational area upon Outlot B, Lotus Lake Estates, Carver County, Minnesota (hereinafter the "Subject Property"), subject to the following terms and conditions, all of which shall be strictly complied with as being necessary for the protection of the public interest. SECTION 1. RECITALS. 1.01. Prior Platting of Lotus Lake Estates. BT Land Company (hereinafter "BT") has previously platted tract of land in the City as Lotus Lake Estates, consisting of 44 residential lots and 3 outlots. 1.02. Outlot B. In connection with the platting of said Lotus Lake Estates, BT entered into a development contract with the City of Chanhassen, dated January 5, 1979, wherein BT agreed to organize a homeowners association for the purpose of owning and operating the Subject Property for the benefit of the owners of properties lying within said plat. Section 28 of said develop- ment contract provided that BT suffer no alterations of the Subject Property except after first having obtained a permit from the City setting forth a plan for the alteration and development of the Subject Property. Said Section 28 also provides that, for purposes of said development contract, said permit would be deemed to be a conditional use permit and that the application process and pro- cedure would be as set forth in Section 23 of the Chanhassen Zoning Ordinance, which sets forth the application procedure for actual conditional use permits. 1.03. Homeowners Association. BT incorporated the Association for the purpose of acquiring and maintaining certain common properties including the Subject Property for the benefit of the owners of lots in the plat of Lotus Lake Estates. .. . \'1') "y 1.04. March 10,1981 Conditional Use Permit. Upon appli- cation of BT, the Chanhassen City Council on July 21, 1980, approved the issuance of a permit for the. alteration of the Subject Property. Said permit, entitled "Conditional Use Permit Beachlot - Lotus Lake Estates", was executed by BT and the Association on March 10, 1981. 1.05. June 1, 1981 Application for Amendment of Permit. On June 1, 1981, the Association, with the knowledge and consent of BT, filed with the City an application for amendment of the March 10, 1981 Conditional Use Permit, requesting City approval of further development of the Subject Property. 1.06. City Council Approval. On August 12, 1981, the City's Planning Commission held a public hearing on said June 1, 1981, application and approved issuance of a revised permit authorizing further development of the Subject Property. 1.07. April 22, 1982 Conditional Use Permit. The above described March 10, 1981 Conditional Use Permit was superceded by the Conditional Use Permit executed on April 22, 1982. 1.08. July 18, 1984 Application for Amendment of Permit. On July 18, 1984, the Association filed with the City an appli- cation for amendment of the Restated Conditional Use Permit requesting City approval of further development of the Subject Property. 1.09. City Council Approval. On August 8, 1984, the City's Planning Commission held a public hearing on said July 18, 1984 application. On August 20, 1984, the City's Board of Adjustments and Appeals held a public hearing and approved a variance to allow four sailboat moorings. The City Council, by its motion of November 19, 1984, approved issuance of a revised permit authorizing the installation of said moorings. 1.10. May, 1986 Application for Amendment of Permit. The City of Chanhassen initiated a Conditional Use Permit Amendment application requesting further development of the SUbject Property. 1.11. City Council Approval. On May 28, 1986, the City's Planning Commission held a public hearing on the amendment appli- cation. On July 7, 1986, the City Council approved the issuance of a revised permit authorizing further development of the Subject Property. SECTION 2. SPECIAL CONDITIONS. 2.01. Permit Not Transferable. This permit is personal to the Association, and is not assignable or transferable, except upon the written consent of the City. -2- fL' ~ ' 1 2.02. Rights Under This Permit Not Expandable to Other 'Owners:- This permit is issued for the benefit of the owners of the 44 lots in Lotus Lake Estates. The Association agrees that the use and enjoyment of the Subject Property shall be limited to the owners of lots in Lotus Lake Estates. The use and enjoyment of the Subject Property may not extend to persons other than such owners. The term "owners" as utilized in this S2.02 shall mean and refer to any natural person who is either (a) the record owner of fee simple interest, or (b) the recorder owner of a contract for deed vendee's interest, or (c) the holder of any possessory leasehold interest, in the whole of any lot in Lotus Lake Estates, including authorized guests and family members of any such persons. 2.03. Description of Property Subject To This Permit. The premises subject to the within conditional use permit are described as follows: Outlot B, Lotus Lake Estates, according to the map or plat thereof on file and of record in the Office of the County Recorder, in and for Carver County, Minnesota. 2.04. Certain Site Alterations Authorized. The Association is hereby authorized to install the following improvements on the Subject Property: a. One sand blanket swim area, as shown on the revised plan, Exhibit A, dated June 25, 1986, said swim area to be marked with a minimum of three anchored "swim area" buoys that are in accordance with the Uniform Waterway Marking System; said buoys to be anchored a reasonable distance from shore; and b. a pedestrian walkway connecting Choctaw Circle with the sand blanket swim area; said walkway to consist of wood chips installed on a sand base with boardwalk steps on the steep slope area of the walkway; and c. four boat racks to be located on land with a storage capacity of either six canoes or six small sail boats per rack; and d. Three docks, not to exceed the greater of fifty (50) feet in length or that number of lineal feet necessary to reach a water depth of four (4) feet; at the option of the Association, the final ten (10) feet of any dock may consist of a ten foot by ten foot (10' x 10') square platform; and e. One ten foot by ten foot swimminq raft, to be located in water having a minimum depth of seven (7) feet, not more than one hundred (100) feet from the nearest lake shore- line; said raft shall project a minimum of one (1) foot but not more than five (5) feet above the lake surface, and the corner of said raft shall be reflectorized; and -3- .t.- f. One conversation pit-fire hole, three (3) feet in diameter with a six (6) foot apron constructed of brick or masonry material, to be located landward of the walk- way and no further north than the northerly line of Lot 32, Block 1, Lotus Lake Estates, extended northwesterly; and g. Four sailboat moorings, to be located in the manner depicted on the site plan stamped "Received June 25, 1986". Except as provided in this permit, no portion of the Subject Property may be developed, altered, or disturbed in any way. ?05. Trees. In carrying out the above described altera- tions:-the Association agrees to use every effort to keep tree loss at an absolute minimum. 2.06. Reserved. 2.07. Erosion Control. The Association, at its expense, shall provide temporary dams, earthwork or such other devices and practices, including seeding of graded areas, as shall be needed, in the judgement of the City Engineers, to prevent the washing, flooding, sedimentation and erosion of lands and roads within and outside the Subject Property during all phases of construction. BT and the Association shall keep all public streets free of all dirt and debris resulting from construction upon the Subject Property. 2.08. C~rtain Structures Prohibited. Except for the alterations described in Section 2.04 above, no structure, pier, boat rack, mooring buoy, or swimming platform shall be constructed, erected, or maintained on the Subject Property or in the waters abutting the Subject Property. 2.09. Camping Prohibited. No owner, as defined in Section 2.02 hereinabove, or other person shall camp overnight on the Subject Property. 2.10. Motor Vehicle Parking and Boat Storage. No watercraft shall be parked or stored overnight or on a permanent basis on the Subject Property, except as follows: a. not more than twenty-four canoes or small sail boats may be so stored overnight in the four boat racks described in Section 2.04 of this permit; and b. not more than nine boats, motorized or non-motorized, may be docked overnight at the docks described in Section 2.04 of this permit. c. not more than four sailboats at the mooring described in Section 2.04(g) of this permit. -4- .' \ ) Except for construction equipment necessary for the exe- cution of the plan and asn~ces~ary.for the maintenance of the Subject Property, no motor vehicle sh~ll be driven upon or parked upon the Subject Property. No boat trailer shall be allowed upon the Subject Property. Nothing in the preceding three sentences shall be deemed to prohibit the launching of any watercraft from the Subject Property if accomplished without the assistance of any motor vehicle or trailer or wheeled dolly upon the Subject Property. SECTION 3. MUNICIPAL DISCLAIMERS. 3.01. No Liability to Suppliers of Labor or Material. It is understood and agreed that the City, the City Council and the agents and employees of the City shall not be personally liable or responsible in any manner to the Association, its contractors, or subcontractors, materialmen, laborers, or to any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this permit and agreement or the performance and completion of the work and improvements hereunder and the Association will save the City, the City Council, and the agents and employees of the City harmless from any and all claims, damages, demands, actions or causes of action arising therefrom and the costs, disbursements, and expenses of defending the same. 3.02. Written Work Orders. The Association shall do no work nor furnish materials, whether covered or not covered by the plan, for which reimbursement is expected from the City unless a written order for such work or materials is received from the City. Any such work or materials which may be done or furnished by the Association without such written order first being given shall be at its own risk, cost and expense, and the Association hereby agrees that without such written order, it will make no claim for compensation for work or materials so done or fur- nished. SECTION 4. MISCELLANEOUS. 4.01. Severability. In the event any provisions of this permit shall be held invalid, illegal, or unenforceable by any court or competent jurisdiction, such holding shall not invali- date or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 4.02. Execution of Counterparts. This permit may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. -5- .. 4.03. Headings. Headings at the beginning of sections and paragraphs hereof are for convenience of reference, and shall not be considered a part of the text of this contract, and shall not influence its construction. 4.04. Proof of Title. Upon request, the Association shall furnish the City with evidence satisfactory to the City that it has acquired fee title to the Subject Property. 4.05. Notices. All notices, certificates and other com- munications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, r~turn receipt requested, postage prepaid, with property address as indicated below. The City and the Association, by written notice given by one to the other, may designate any address or addresses, to which notices, certificates or other communications to them shall be sent when required as contemplated by this permit. Unless otherwise provided by the respective parties, all notices, cer- tificates, and communications to each of them shall be addressed as follows: To the City: City of Chanhassen City Hall 690 Coulter Drive Chanhassen, MN 55317 Attn: City Manger To the Association: Lotus Lake Estates Homeowners Assoc. Attn: President P.o. Box 63 Chanhassen, MN 55317 4.06. Owners to be Notified of This Permit. The Association shall furnish each owner, as that term is defined in Section 2.02 above, with a copy of this permit within thirty (30) days of the signing of this permit and shall furnish each future owner, as that term is defined in Section 2.02 above, with a copy of this permit, within thirty (30) days of any such owner's initial occupancy of any residential structure in Lotus Lake Estates. 4.07. Term of This Permit. This permit shall expire on July~ 2010. SECTION 5. ENFORCEMENT PROVISIONS. 5.01. Reimbursement of Costs. The Association shall reimbure the City for all costs, including reasoriable engi- neering, legal, planning and administrative expenses incurred by the City in connection with all matters relating to the admi- nistration and enforcement of the within permit and the perfor- mance thereby by the Association. Such reimbursement shall be made within fourteen (14) days of the date of mailing of the City's notice of costs as provided in Section 4.05 above. -6- , . I This reimbursement obligation uf the Association under thissec- 'tion shall be a continuing obligation throughout the term of this permit. 5.02. Remedies Upon Default. a. Assessments. In the event the Association shall default in the performance of any of the covenants and agreements herein contained, and such default shall not have been cured within ten (lO) days after receipt the Association of written notice thereof, the City, if it so elects, may cause any of the improvements described in the plan to be constructed and installed or may take action to cure such default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City, to be recovered as special assessment under M.S. Chapter 429j in whieh case the Association agrees to pay the entire amount of the assessment roll pertaining to any such improvement within thirty (30) days after its adop- tion. The Association further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on the Subject Property for any amount so unpaid, and the city shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's lien under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineers, the notice require- ments to the Association shall be and hereby are waived in their entirety, and the Association shall reimburse the City for any expense incurred by the City in remedying the conditions creating th~ emergency. b. Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to prevent violations of the within property, to restrain or abate violations of the within permit, or to prevent use or occupancy of the Subject Property. IN WITNESS WHEREOF, the parties her~~o have caused these presents to be executed on the ~ day of fVOJ/E""bFR, I?l"~. LOTUS LAKE ESTATES HOMEOWNERS ASSOCIATION By )J~()~~ Its ~r And ItS::z;t~Z:J ~~^ -7- .. CITY OF CHANHASSEN Attest Ll CwsD City Clerk/Manager STATE OF MINNESOTA) ) ss COUNTY OF ) On this t6-rt.> day of iJlNeff\.t\;...eV , before me, a notary. public, within and for saId~county, personally appeared 6a..r; A, uJde....l'l and Ttrf?A-1.ce. V. O'prr<Z.0- , to me pers nally know, who, being each by me duly sworn did say that they are respectively the President an Vice-President of Lotus Lake Estates Homeowners Association and that said instrument was signed on behalf of said authority of its Board of Directors, and said Ga f"J' A . 1,0 i&f<!...(,... and 7eyem'(?- v: C)f 6r{&/,,\ , acknowledged said instrument to be the free~nd deed of said corporation. ~ ), _ ~ Notary Public .....~.,.. RICK D. MURRAY ~s l~~ NOTARY PUBLIC - .......... \~ N CARVER COUNTY My Co/ll",laIion bpi," Aug. 14. ,. \..--- STATE OF MINNESOTA) ) ss COUNTY OF CARVER ) On this ~ day of ff~ , 19~, before me, a notary public, within and for the county, personally appeared Thomas L. Hamilton and Don W. Ashworth, to me personally known, who, being each by me duly sworn did say that they are respec- tively the Mayor and the City Manager of the municipal cor- poration named in the foregoing instrument, and that the seal affixed to said instrument is the municipal corporate seal of said municipality, and that said instrument was signed and sealed in behalf of said municipal corporation by authority of its City Council and said Thomas L. Hamilton and Don W. Ashworth acknowledged said instrument to be the free act and deed of said municipal corporation. KAREN J. ENGELHARDT NOTARY PUBUC - MINNESOTA CARVER COUNTY My commlaslon expires 10.16-91 d)t<-<-Vv~:;qEj (>L~ ~ary' ublic -8- .. " " .. en > ;= III o > ... I: ~ l! " .. EXHIBIT A . en :l; li: 3: Z " > '" m > 225 -l-l me ~(f) zS: ,,^ om ::om (f) O$! ~;ri 6(f) -l m C":l :il~ mo O"Tl lTI~ -~ <=<:: 1fJ~ C~ "" z ~. ('") S ? ~ en ,:_ en '=': "" .- . :z ..:::::. -0 1:',) r- <_' ::b -,_I :z --. :z: (Q - CX) :z 0) Ci) o "" -0 :-f . \ .:. ~1/C~ CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ~ONDITIONAL USE PERMIT Permit. Subject to the terms and conditions set 1. forth herein, the City of Chanhassen hereby grants a conditional use permit for: A Recreational Beachlot 2. Property. The permit is for the following described property in the City of Chanhassen, Carver County, Minnesota: Outlot E,~urv~s point~ 3. Conditions. The permit is issued subject to the following conditions: 1. Plans stamped "Received June 4', 1987". 2. Adherence to all condi tions.'as required by Article V, Section 9 (11), Standards for recreational beachlots. 3. The beach lot shall be maintained by a homeowners association or an organization consisting of the subdivision residents. 4. Termination of Permit. The City may revoke the permit following a public hearing under any of the following circumstances: material change of condition of the neighborhood where the use is located; violation of the .terms of the permit. 5. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. C!,f' Dated: July 20, 1987 " . C D,. ;.~~~ c' , J/,,;' .~ f\ 9. ,.. - ;~,~;J$ ::,' ~;~ '~:<,'~ .r...."Y y"~ ~. ? ~." ,l;. . .'\...... S s,,/ \\, 1. . ",. ,'\, l.\l\l\ ~ STATE OF MINNESOTA) ) ss COUNTY OF CARVER ) PIQ8 / of d-- Pages \ _ The foregoing instrument was acknowledged before me this ~ day of , 19KK, by Thomas L. Hamilton, Mayor, and Do Ashworth, City Manager of the City of Chanhassen, a Minnesota m nicipal corporation, on behalf of the corporation. KAR~NJ. ENGELPftr;)T ~~~. /l_ - NOfARYPU8UC.f'." iHA --.- -. ~ CARVCB c:: "i Not ry P b 1C My commlSSlon 'l>, . \ 0 1.'-16-91 ,-: .~..t'~..t~,;M.'A~' .. Site, shall have' di~ .~. to collector or arterial street, as defmed in the Comprehensive Plan; ". ' B. Emergency vehicle access shall not t )icent to or located . . _. across a stre~ from any residentia! (, .. ./ ~ecreational beach lots provided the following minimum standards U are m~ in addition to such other conditions as may be prescribed ~.in the permit: ' .' , "t'~:n~~~~ b~Ch I~ts shall have at least 200 feet of lake ..:n: 'No. structure~' protable chemical toilet, ice fishing house, . - Camper. trailer, tent. recreational vehicle or shelter shall be' erected, maintained or stored upon any recreational beach lot. . C. No boat, trailer, motor vehicle, including but not limited to cars, trucks, motorcycles, motorized mini-bike, all-tl:J'rain ve- hicle or snowmobile shall be driven upon or parked Upon any . recreational beach lot; . '"0: No recreational beach lot shall beused for'overnight camping. '.:E.) 'Boat-launches are prohibited,',. -. ". ,"''',;_ ,'; '.' . ' . F: No recreational beach lot shall be used for purposes of over- "~ . . ,C night storage or overnight mooring of, more than three (3) Omotorized or'non-motoriied watercraft per dock;' If a recrea- tional beach lot is allowed more than one dock, however, the ~..'. . allowed number of boats may be clustered. Up to three (3) sail boat moorings shall also be allowed. Canoes, windsurfers, sail boards, and small sail boats may be stored overnight On any .' recreational beach lot if they are stored on racks specifically designed for that purpose. No more than one (1) rack shall be allOwed per dock. No more than siX (6) watercraft may be stored ... on a rack. Docking of other watercraft or seaplanes is pennissi- ble at any time other than overnight. G. No dock shall be pennitted on any recreational beach lot unless it has at least 200 feet of lake frontage and the lot has at least a 100 foot depth. No more than one dock may be erected on a recreational beach lot for every 200 feet of lake frontage. In addition, 30,000 square feet of land is required for the fmt dock and an additional 20,000 square feet is required for each addi- tional dock. No more than three (3) docks, however, shall be erected on a recreational beach lot. H. No recreational beach lot dock shall exceed six (6) feet in width, and nO such dock shall exceed the greater of the following lengths: (a) fifty (50) feet or, (b) the mininlUm 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.. , I. No dock shall encroach upon any dock set-back wne, provid- ed, however, that the owners of any two abutting lakeshore sites may erect one common dock within the dock set-back wne appurtenant to the abutting lakeshore sites, if the common dock is the only dock On the two lakeshore sites and if the dock other- wise confonns with the provisions of this Ordinance. J; 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 sail boat mooring shall be allowed for every 200 feet .of lake frontage. . K. At least eighty percent (80%) of the dwelling units, which have appurtenant rights of access to any recreational beach lot, shall be located within at least one thousand (1,000) feet of the recrea- tional beach lot. _ L. AD recreational beach lots, including any recreational beach lots established prior to the effective date of this Ordinance may be used for swimming beach purposes, but only if swimming areas are clearly delineated with. marker buoys which confonn to United States Coast Guard standards. ' M, Each recreational beach lot shall have a width, measured both at the ordinary high water mark and at a point one hundred (100) feet landward from the ordinary high water mark, of not less than four (4) lineal fe~ for each dwelling unit which has appurtenant rights of access to the recreational beach lot ac- cruing to the owners or occupants of that dwelling unit under applicable rules of the homeowner association or residential housing developers. N. Overnight docking, mooring, and storage of watercraft, where allowed, is restricted to watercraft owned by the owner/occu- pant or renter/occupant of homes which have appurtenant right of access. to the recreational beach lot.' ' O. The placement of docks, buoys; diving ramps, boat racks, and other structures shall be indicated on a site plan approved by the City Council. 13. Electrical substations subject to the following conditions: A. The substation must be served by a collector or major arterial stre~ as designated in the Comprehensive Plan. B. The substation will not have sanitary facilities and will not be used for habitation. C. The substantion will be located On at least five (5) acres of property. D. A six (6) foot high seciJrity fence surround the substation. E. A landscaping plan be submitted for City approval. F. Substations shall be a minimum of 500 feet from si!lgle family residences. SECTION 10. "BN" NEIGHBORHOOD BUSINESS DISTRICT 5-10-1 INTENT. Limitul low intensity neigIlborhood retail and service establishments 10 meet,. daily needs of. residents. S-10-2 TIle following uses are pennitted in a "RN" district: I.' 'Convenience ~tnrM:..withnnt ft'~O nUft't'""io . '........-. ----..-..-. ......- -.....J. B. . Accessory Structure: one story.. SECTION II. "BH" HIGHWAY H'j> BUSINESS SERVICES DISTRICT 5-11-1 INTENT. Highway oriented . ,nercial development restricted to a low building profile. .. 5-11-2 The following uses are pennitted in a "BH" district: 1. Financial institutions 2. Fast food restaurant 3. Automotive service stations 4. Standard restaurants S. Motels and hotels 6. Offices 7. Retail shops 8. Miniature golf 9. State licensed day care center 10. Car wash 11. Convenience store with or without gas pumps 12. Personal Setvice establishment .... 13. Liquor stores .'. , 14, Health ser~ices IS. Utility servic.es 16. Shopping center 17. Private clubs and lOdges '18. Community center 19. Funeral homes 5-11-3 The foUowing are pennitted accessory uses in a "BH" district: 1. Signs 2. 'Parking lots . 5-11-4 The follOwing are conditional uses in a "BH" district: 1. Outdoor display of merchandisc for sale 2. Supennarkets 3. Small vehicle sales 4. Screened outdoor storage 5-11-5 Lot Requirements and Setbacks. The following minimum'requirements shall be observed in a "BH" District subject to additional requirements, exceptions and modifications set forth in this Ordinance. I. Minimum District Area in Acres: ten (10). (May be waived by COn- ditional user pennit if expansion of existing district~) 2. Minimum Lot Area: 20,000 square feet. 3. Minimum Lot Frontage: 100 feet (except lots fronting On a cul-de- sac shall have a minimum 60 foot frontage in all districts). 4. Minimum Lot Depth: 150 feet. 5. S~backs. Off-street parking areas shaU comply with aU yard re- quirements ofthis Section, except that no rear yard parking setback shall be required for lots directly abutting railroad trackage; and, no side yard shaD be required when adjoining commercial uses establish joint off-street parking facilities, as provided in Section 7-1-7, except that no parking areas shall be permitted in any required side street side yard. Minimum rear yard shall be 50 feet for lots directly abutting any Residential District. Side street side yards shall be a minimum of 25 feet. A. Front yard: 25 feet. B. Rear yard: 20 feet. C. Side yard: to feet. 6. Maximum Lot Coverage: 65"7. 7. MaximumHeight: A. Principal Structure: two stories B. Accessory Structure: one story. "- .~. ,-,." SECTION 12. "CRD" CENTRAL BUSINESS DISTRICT 5-12-1 INTENT. Downtown business development supporting a strong central business district while enhancing the overall character of the communi- ty in confonnance. with downtown redevelopment plan, goals and objectives. . 5-12-2 The following uses are pennitted in a "CRD" district: I. Bowling center . 2. Retail shops 3. Offices . 4. Standard restaurants 5. Liquor stores 6. Entertainment. . 7. Convention and conference facilities 8. Financial institutions 9. Health care facilities 10. Hotels 11. Specialty retail (including but not limited to jewelry, book, sta- tionery, bible, camera, pets, arts and crafts, sporting goods) 12. Supennarkets 13. State licensed day care center as part of shopping center 14. Personal service establishmen!S 15. Shopping center 16. Health and recreation clubs 17. Fast food restaurants as part of shopping center '18. Utility services 19. Personal services 20. Apparel sales 21. . Bars and taverns 22. Clubs and lodges 23. Convenience stores without gas pumps 24. Cultural facilities 25. Department stores 26. Home furnishings 27. Newspaper offices 28. Multiple family dwellings, including senior citizen housing. 29. Print shops 30. Community center 31. Hardware goods 5,12-3 The foUowing are permitied accessory uses in a "CBD" district: ..... ,.... ., . 26. Fast food 27. Automoti' 28. Communi 29. Senior citi S-13-3 The foUowing '1. Parking Ie 2. Signs 5-13-4 The foUowing 1. Outdoor ~ 2. Truck, aut sales and : 3. Equipmen 4. Screened ( 5. Major aut< 5-13-5 Lot Requiremt shall be observ, exceptions and I. Minimum 2. Minimum j sac shall h: 3. Minimum, 4. Maximum 5. Setbacks. ( quirements . shaD be reG no side yar establish jo 7-1-7, excep stde street s dirtctly abu . be a minim A. Front. B. Rear :y C. Side y< 6. Maximum I A. Princir B. Access, SECTION 14. "BF" 5-14-1 INTENT. Accc services. 5-14-2 The folowing 111 1. Automotive 2. Truck/Trail 3. Utility servi, 4. Outdoor dis 5. Cold storag, 5-14-3 TIle following a I. Parking lots 2. Signs 5-14-4 Lot Requiremen. shaJ1 be observeci exceptions and I 1. Minimum L 2. Minimum Ll. sac shall ha\ 3. Minimum L\ 4. Maximum L 5. Setbacks. 01 quirements 0 shall be requ no side yard establish jOil 7-1-7, except side street sic directly abutt be a minimu: A. FrOnt YE B. Rear yat C. Side yar, 6. Maximum H. A. Principa B. AccCSSOt SECTION 15. "01" ( 5-15-1 INTENT. Publi, business and adr. 5-15-2 The following II! 1. Schools 2. Churches 3. Public buildi 4. Post office 5. Fire station 6. Library 7. Museum 8. Health servic 9. Nursing hom 10. Community, II. Public recrea 12. Utility servic, 13. Professional, 14. Funeral bom S-IS-3The following ar . I. Parking lots 2. SigliS 5-15-4 The fOllowing ari I. Adaptive reu privaie blisin< 5-15-5 Lot Renirir..m",," y attached residential development .t. maximum .vellin, units per acre. t penniUed in an uR-8u district: (amily and multi~(amily dwellinp , parks and open SPlll:e tate office and model home nined accessory uses in an uR-S" distri~: IitionaJ uses in an uR_8" district: I from sev.en to sixteen persons lots abacks. The following ~nimum requirements R:8" Distrid subject to additional requirements, JUons set forth in this Ordinance. luan: (eet per dwelling unit (or two-family . dwdling unit for townhouses and multi-family ! per dwelling unit for two-family dWellings (ex- Ig on a cul-dc-sac shall be SO feet in width at line for two-family dWellings); uses and multiple family projects. rage: 3'.,. feet. ee'. ~. ure: three stories/4O feet. lure: one storyll' feet. )ENSITY RESIDENTIAL DISTRICT nd muJti-family residential strudures at a Dl8X- dwelling units per acre. ~itted in an uR_2" district: .' mily dWellings and multi-family dWellings arks and open spacc tted accessory uses in an "R-12" district: ional uses in an "~-12" district: :om sevcn to sixteen persons office and mood homc ,acks. The fonowing minimum requirements HR_12" District subjea: to additional re- d modifications set forth in this Ordinance : feet per dwelling for twO-family dwellings: wening unit for townhouses and mul~~famn; Itt dwdli~ unit for twO-family dwellings (ex- ,.0lIl . cuWie..ac shall be 50 fcu in width at ~c (or two-~.miJy dwdUnss); ;es and mulflPJc: family. projects. ge: 35'1, >t. t. e: three stories/4O feet. re: one story/IS feet. R CONDITIONAL USES IN AND RESIDENTIAL DISTRICTS ~~~:~i~;;~~~~e following standards :!.bUshment ~k:g P~~~i:e:I.US one (J) additional space more ~an one ~p1oyee in addition to the it be owner occupied; r less rooms for rent; and :(~:. rented for more than 7 consecutive days Persons t be in compliance with the state licensing be in compliance With local bUilding and :wed annually through a public hearin~ pro- t be in compliance with Ordinance No. lOB Treatment Systems. ~ tab.les and Riding Academies be lD compliance with Horse Ordinance No. ':~ o? ~ collector street; and mlDlffiurn of 200 feet from wetland 1101 size; 1 ar~ as well as bUildings must be set b k r:: or pnVate road righ ac linlle ramily re5iden~~r-ways and SOO feet C81ed along I coli . . IfnPl'chauive Pla:or or mmor arterial as =:I~ be completely screened by lOOOJ. I yuck shaJl be loealed wjlhin one mile of IIhaJIt>>efrom7 'I k ~~.s.tUrd.y on~ c(:rk.;:;:'S~~n~~~I~~ >\X :' ~. ~,\ O. Lishl, sources shaD be shielded: and H. No oUtside speaker systems._ 7. Churohes A. The sile shaD be located on .. coUector or arterial. roadway as identified in the comPrehensive plan or located so that access can be provided withOUI conducting traffIC through resid..- tial con~tratioD; B. The structure must be set back $0 feet from all propeny lines; C: Parking arcasshaU be set back 2$ feet (rom streets and nonresidential property and 30 feet. D~ No more than 70 percent of the site is to be covered with iui- pervius surface and the ranainder is to be suitably landscaped in conformance with Article VIII. E. Churches outside the MUSA line must provide the following for review: I) Location of two (2) drainfield sites. 2) Two (2) soU borings on each drainfield site for a total of four (4) soU borings. 3) No percolation tests for drainfleld sites where thelancl slope is between zero and 129ro. 4) One (I) percolation.... per drainfield site where the land slope is between 13'10 and :is'lo. . 5) A.... where the land slope exceeds 25'10 shaD nol be con- sidered as, a potential soil treatment site. .6) The sewage treatment system must be in conformance with Ordinance Io-B. . '.7) School and daycare uses accessory to the church use are not permitted unless approved by the City Council. g. Private Stables . A. CompUance with Horse Ordinance. No. 56; and B. Stables must be located a minhnum of 200 feel from wetland . area.. 9. State Licensed Day Care C..ters A. Site shaH have loading and drop off points designed to avoid interfering with tramc and pedestrian movemenu; .B. Outdoor play areas shaD be located and designed in a manner which mitigales visual and noire impacts on adjoining resid..- tiaI areas; and . C. ShaD obtain aD appticable state, county, and city ti....... 10. Hospitals - Health CllI'l' Facilities . A. Site shall have direct access to conector or arterial street, as def"med in the Comprehensive Plan; .. B. Emergency vehicle access shaD DOl be adjacen' to or located across a street from any residential use. 11. .Rcc:reational beach lots provided the foUowing miJiimum standards. are met in addition to such other conditions as may be prescribed in the permit:- A. Rrcreational hesch lots shaD have al least 200 feet of lake . frontage. B. No structure, protablc chemical toDd, ice C"tshing. hO\QC, camper, trailer, tent. recreational vehicle or shelter shall be erected, maintained or stored upon any. recreational beach lot. c. No boat, traBer, motor vehicle. including but not limited tq cars- trucks. motorcycles. motorized mini-bikc,. all-terrain ve'- hicle or snowmobile shall be driven upon or parked upon any rea-eational beach lot. ' D. No recreational beach 101 shaD be used for overniahlcamping. E. Boallaunches are prohibited. F~ No recreational beach lot shall be used for purposes of mer- night storage or overnight mooring. of more than three (3) motorized or non-motorized watercraft per dock. If a recrea- tional beach lot is allowed more than one dock. however, the aDowed number of boats IIIlI)' be clustered. Up to three (3) sail boat moorings shall also be allowed. Canoes, windsurfers, sail boards, and .smaD sail boats may be stored overnight on any recreational beach lot if they are stored on raCks specifically designed for that purpose. No more than Onc (1) rack shall be . allowed per dock. No more than six (6) watercraft may be stored on a raclt~ Docking of othet watercraft or seaplanes is pennissi- b1e at any time otha- than overnight. . O. No dock shaD be permitted on any ......tional beach 101 unless it has at least 200 feet of lake frontage and the lot has all~1 a 100 foot depth. No more than one dock may be erected on a recreational beach lot for .every 200 feet of lake flOotage. In . addition, 30.000 square feet of land is required for the fIrSt dock and an additional 20,000 square (eet is required for each addi- QaDal dock. No more than three (3) docks, however. shaD be erected on a recreational beach lot. . H: No rea-eational beach 101 dock shall exceed six (6) feet in width, and DO such do<:k shaD exceed the greater of the following lengths: (a) fifty (50) feel or, (b) the minimum straishl-ti.... distance necessary to reach a water depth of four (4) feet. The width (but not the length)ofthe aoss--bar of any uTu or "L" shaped do<:k' shaD 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 twC!Dty-five (2$) feet in length. 1. No dock shaD encroach'upon any dock sct-back zone, provid- ed. however. that the owners oC any two abutting lakcshore sites may c:rcct one common dock within the dock set-back zone appurtenant to the abutting: lakcshore sites, if the c:onunon dock is the only dock on the two lakeshore sites and if the dock ocher- wise conforms with the provisions of Ibis 9Minance. ,J. No sail boat mooring shall be pcnnitted on any recreational beach lot unless it has at least 200 feet of lake frontage. No more than one sail boal mooring shaD be aDowed for every 200 feet of lake frontage. K. AI least eighty percenl (SO'lo) of the dwdling units, which have appurtenant rights of access to any recreational beach lot. shall be located within alleast one thousand (1,000) feel of the recrea- tional beach 101. L.. AD recreational beach lots, including any recreationafbeach lots established prior to the effective date of this Ordinance may be used (or swimming beach purposes. but only if swimming areas are clearly delineated with marker buoys. which conform to United States Coast Guard standards. M. Each rea-eational beach 10lShaD hav.. width, measured both at the ordinary high watCl' mark and at a point oile hundred (lOll) feel landward from the ordinary hish water mark, of DOl - Iess.than four (4) lineal feet for each dwelling unit which has appurtenant rights of access. to the recreational beach lot ac- cruing to the owners or occupants of that dwelling unit under IlPplicable rules of the homeowner association or residential housing developers. N. Overnight docking, mooring, and storage of watercraft. wbere allowed~ is restricted. to watercraft owned by the owner/oa:u. pant or renter/occupant of homes which have appurtenant right of access to the recreational b:eacb lot. O. The placement of docks, buoys, divinaramps, boat racks. and other structures shall be indicated on a site plan approved by the City CouDCil. 13. Electrical substadons subject to the followina conditions: .. TM ":..hch..,l~ft n..."'1 hI' _rved IN. mUedor or maiorarterial .-',,~ rli; . . {i;.. ,f 11. Utility services ;~.;; ~:f"1!~:~ t 12. Shoppiog center. . '.. ..........g 13.. Private clubs and ladieS ......, 14. Community center. <(.'r:~~-.~~~~~< 'f.... M. 5-10-3 Tbe foDowing are permitteda<<essoty .....-..:. ......:...... I. Parltinglots. ""'d'.' ,..,,<.....,"'..~, ,,,"_ 2. C!'f ,,:ash(when acassory..., .utOlDOll...~;..dOll ......... ~ 3. SIgDJ -..""'..'. .,....0<0. '. -..... '-10-4 The (~Uowing are eonditioaa1 uses Iii. "BN'_~""~ <':~ ... .:.._,.~~ __a 1. Convenience store with gas pumps .. ~>>~ ,. "-..- " 2. Automotive service statiORS . .~.'. :, ~ ~~. ~SI.CTION ti..... 3. Drive-in banks including automated kiosk. """'~I)'I. \In1!N1'.-' 4.. Temporary outdoor display of merchandise for ale )..-'1;5.... .... ~ t 5-10-5 LE:::=~!:~~~~~~~~ollowmg~umreq~:;:~~~r = shall be observed in a UBN" District subject to additional requirements. ;/.' :.." 3. ~ exceptions and modifications set forth in this Ordinance. . "'4~ . SCaDdud It 1. Minimum District Area in Acres: three (3). This mauircment may ,. EDIertaItuat be waived if expansion of existiJII district. . 6. AppareI.1 2. Mininlum Lot Area: 15,000 square feet. 7. Personal... 3. Minimum Lot Frontage: 75 fee' (except lots fronting on a cul-de- . . g, Hao1th and sa<: shaD have a minimum 60 foot frontage in aD distrI....) 9. , ~ery, b: 4. Minimum LoI Depth: 150 feet. . ,. Maximum lot coverage, including an sUudures and paved surfaces 10. ~ appli; shaD be 65'10. 11. Funeral 00' 6. Setbacks. Off-street parking areas sliaD coniply with aD yard ro- 12. FiDancialIr quirc:ments of this Section, except. that DO rear yard parkins setback 13. Newspaper shaD be required for lots directly abutting railroad trackage; and, 1'4. Private dul ,no side yard shaD be required when adjoining amunercial uses U. 'Miniature f establish joint off-street parking facilities, as provided in Section 16. Veterinary , 7-1-7, except that DO parking areas shall be permitted in any required 17. Animal hos , side street. side yard. Minimum rear yard shaD be 50 fee' for lots ::: ~': care ~:~~~:a o":'bR::.ential District. Side streets side yards shall 20. Motels A. Fronl yard: 35 feet. 21. SUpermarkc B. Rear yard: 30 feet. 22. Home imprl C. Side yard: 15 feet. ~: ~~ =i 7. Maximum Heighl: 25. Bars and ta ~: ~=~S:,~:~:":::,,;;. - 26. Fast food. SECTION II. "BH"HIOHWAYANDBUSINESSSERVICESDISTRICT ~:~::::';; 5-11-1 INTENT. Highway oriented commercial devel_ restricted to a low 29. Senior dtiz< building profile. 5-13-3 The foDowing , S~11-2 The following.uses are permitted in a UBH.. district: . ,_t.;:-. hrkiD.lo~ 1. Fmancial institutions .2.: _ Sips 2. Fast food mtauranl '5-13-4 The followmg a ~: ~===:S=':tsstations :,;\';-L 'Outdoor dis 5. Motels and hotels 2. Ttodt. auto, 6. OffICeS sa1es lIlllI .., 7. Retail shops .,'~t =....:.: g. Miniature golf S. Major an'" ~o. ~te~ensed day can: center. ' 5-13-5 Lot Requlremen 11. Convenience stOrewitb or witbout gas pumps . .....h..shaDbeobaerYeC 12. Personal serVice establisbment :/i{;',:~~: ~ . 13. Liquor stom ' '",'6.2; .MiDlmUlll L. 14. Health services _ -1~:~>..""-W.: ._ IbaD ba, :~: ~::n7~C:ter .. ... -",;>3, MiDlmUlll L 1:: =~t~~ Iodges":.i;~:;4~~~ S.11.3 J~ :~:Wing are permitted accessory uses in a ..BH~' dis~bict: .~'~.., DO side JIlt. 2. Parking lots ' , ....blisll joi, '-11-4 Tbe foDowing are conditional uses in a "BH" ~!.~::=:-~:.,-~,:~1=: ~: ~=~~:IaY of merchandise for sale ' directly abut' .. 3. Small vehicle sales . '.~. =~ S~11-S tot =~:::~ :~~s. The foUowinS minimum requirements,. B. R.car ~ shall be observed in a uBH" District subject to additioDaI requirc:mcotJ.. ',:~~f:~J:'"'<'~":'~ exceptions and modifications set forth in this 0nIiJaance.. ' A. PriDcip; 1. Minimum District Area in Aacs:!Cn (10). (May bcwaived by COD- . 8. - AcceDo ditiona!-user permit if expansion or c:xisdq: district.) SECTION 14. "uSF" I 2. Minimum Lot Area: 20.000 square feet. 5-1....1 n-rrENT. A<<:o 3. Minimum Lot Frontaae:: 100 fed (except lots froatin. on . cukte- ' aerriceL sac shaD" have a minbnum"60 foot frontage in aD districts). '......2 Tbe IGIow.. aft 4. Minimum Lot Depth: 150 feet. I. AIltotDOdvt .., 5. Setbacks. Off..treet parking areas shaD comply with .D yard to- 2. TructtrlOik - quiran..... of this Section, except that ... rear yard parking setback 3. Utility oervit . shaD be required for 10'" cIire<tIy abutting railroad track.ge; and. 4. Outd_ clio, no side yard shaD be required when adjoining commercial uses ,. CclcllIOlOgc estabUsh joinl off.street parking facilities, os provided in SeeliOD 5-14-3 The faDowing.' 7-1-7, except that DO parking atel\S shall be permitted m any required I. Parting lots side street side yard. Minimum rear yard shaD be 50 feet for Jots 2. Sips directly abutting any Residential District. Side street side yards shaD 5-14-4 Lot RequlremOll be a minimum of IS feet. ' shall be observ<< A. Fronl yard: 25 feel. . 'exc:eptio.. and B. Rear yard: 2f) fee'. I. MininlUIIl L C. Side yard: 10 feet. 2. .MiDlmwn L 6. Maximum Lot Coverage: 65Of. . sac shall be 7. Maximum Height: .3.. Minimum 1 A. Principal StrUcture: two stories 4. Maximum 1 B. Acx:essory Structun:: one story. 5. Setbacks..O SECTION 12. "CBD" CENTRAL BUSINESS DISTRlcrqu!raneDIS ( '.12-1 INTENT. Downtown business development supporting a strong central .haD be req business district while enhancing the overall character of the communi. DO side pr. ty'in conformance with downtown redevdopment plan, aoaIs a.nd establish joi objectives. . 7...1-7. CKCpI 5-12-2 The foOowinS uses arc permitted in a "CBDn district: ., iide sttcet s I. BowtillB cenler . directly abu; 2. Retail shops be · minhn 3_ Offi<es A. Front. 4. Standard reslliuran... B. Rear y $. Liquor stores . C. Side Yo 6. Entertainment 6. Maximum I 7. Convention and c:onfcrcnc:e facilities A. Princ:i{ 8. Financi~ institutions B.. . Aa:as 9. Health care facilities SECTION U. "01" 10. Hotels -'-. 5-Js.J INTENT. Put. u. Specialty retail Oncludina bu' not limited 10 jewelry, book. S1a-. business and .' lionery, bible, camera, pelS, arts and aafts, sporting goods) 5-15-2 The following 12. Supermarkets I, Sdlools 13. Slate ticcnsed day can: center .. part of shoppina _ter 2. Chu...... 14. Personal service establishments J.. PubBcbuil .15. Shopping ceuter . 4. Pool offI<c 16. Hcahb and rcc:reation clubs S. Fire stadot 17. F.. food mtauran... as pari of shoppina center 6- Libratt 18. UliUty services ,. Museum tQ. Personal services ... . Heahh Jef\ Asleson, Don From: Sent: To: Subject: Haak, Lori Wednesday, May 03, 2606 4:37 PM Asleson, Don FW: Near Mountain Lake Association beach lot From: Sent: To: ee: Subject: Fauske, Alyson Wednesday, May 03, 2006 4:32 PM Haak, Lori Oehme, Paul Near Mountain Lake Association beach lot There is no parking lot provided or proposed for this beach lot. In the past, vehicles park on both sides of Pleasantview Road, a bituminous street with no curb or gutter. The width varies, but is approximately 26 feet wide. The City's current standard for a public residential street is 31 feet wide. Travel lanes should be minimum 11 feet wide. A parked vehicle typically takes up 8 feet. Staff is concerned that to further intensify the use of the site would increase the amount of on-street parking on a substandard street that has poor sightlines. 1 Page 1 of 1 Haak, Lori From: Whiteman, Jeremy [Jeremy.Whiteman@adc.com] Sent: Friday, April 28, 200612:27 PM To: Haak, Lori Subject: Planning Case No.: 06-20 Lori: In regards to Planning Case No.: 06-20 which is the Near Mountain Lake Association Beach Lot's request to add a second dock, I am wondering where the people who use the dock will park. That is an awful stretch of Pleasant View and it is already dangerous when there are one or two cars parked on the street. If a second dock is added, what provisions are being put into place to ensure safe parking? Thanks, Jeremy Whiteman 5/812006 Planning case 06-20 RECEIVED MAY 0 9 2006 cnv OF CHANHASSEN 5/7/06 Chanhassen Planning commission 7700 Market Blvd PO Box 147 Chanhassen, MN 55317 We have lived on Lotus Lake for nearly 28 years. During those years many changes have occurred with the growth of the city and the property around the lake. We remember when the houses of the Near Mountain Association were constructed. We have seen other associations form and have seen their impact on the lake. The families in the Near Mountain Association are exemplary in the care and use of the lake. The beach is well cared for. There have been no incidents that we are aware of where noise or litter caused a problem. It seems unfair for the owners not to be allowed one boat. Since the shore is not sand, a dock would seem the best solution. Since the water near that part of the shore is heavily weed-infested, additional dock space will not interfere with recreational use of the lake. We believe that the request should be approved so that each owner can dock one boat. J. eter & Jane A Thielen 665 Pleasant View Road Chanhassen 952-474-1597 Near Mountain Lake Association Beachlot Planning Case #06-20 Public Comment Received After May 9, 2006 May 16,2006 Planning Commission Meeting Attached: 1. Thomas and Judy Meier - May 10, 2006 2. John Nicolay - May 11, 2006 3. Beth and Doug Bitney - May 15, 2006 4. Ladd Conrad - May 15,2006 5. Christa Vassallo - May 16, 2006 6. Susan Conrad - May 16, 2006 ItlCEIVED MAY 1 0 2006 CITY OF CHANHASSEN Thomas & Judy Meier 695 Pleasant View Road Chanhassen, Minnesota 55317 May 7, 2006 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 RE: Request for a Variance and Conditional Use Permit for the addition of a second dock - Planning Case 06-20. We would like to inform the Planning Commission that we are in favor of this proposal. Thank you, 4L~. ~ ~ Thomas Meier Judy Meier Page 1 of 1 Haak, Lori From: John Nicolay [John.Nicolay@udlp.com] Sent: Thursday, May 11, 2006 10:11 AM To: Jahn Dyvik Subject: Re: Dock To Whom It May Concern: I have no problem with, and can support, the request being made for an additional dock (for a total of two) on Outlot B, Reichert's Addition, which is expected to accommodate 3-4 more water craft. The level of traffic on the lake is not going to be, in anyway, impacted by 3-4 more boats. Sincerely, John Nicolay 608 Pleasant View Road Chanhassen, MN 55317-8327 952-474-0157 5/1112006 Page 1 of 3 Haak, Lori From: Bitney, Beth [bbitney@carlson.com] Sent: Monday, May 15,200612:22 PM To: Haak, Lori Cc: doug.bitney@bestbuy.com; dougbitney@mchsLcom Subject: Lotus Lake Dock Request - Planning Case 06-20 - Neighbor Comments - Bitney - 6645 Horseshoe Curve May 15, 2006 Chanhassen Planning Commission Chanhassen, Minnesota RE: Request for Variance and Conditional Use Permit for the addition of a second dock - Planning Case 06~ 20. Dear Commissioners, I am concerned about the proposed variance for a couple of reasons; a) Safety on already busy Pleasant View Road... because it is reasonably expected to aggravate an existing problem with parking and b) granting a second dock would appear to be outside of the norm for an association, thereby setting a potential precedent for other associations. Safety Concerns on Pleasant View Road: The variance application dated April 14th states "6) a. Street congestions will not be increased." I believe that there will be an increase as during boating season. This road already has cars parked along the street during boating season and additional docks will increase this in some amount. The narrow and tight road already receives high car traffic as well as excessive speed by some, but it should also be noted that this road is used by many bikers, runners and walkers. The number of parked cars will cause increased congestion on the road and problems for all users of the road. In addition, there is a potential access issue for emergency vehicles. Precedent setting variance: I see nothing in the proposal that establishes why a second dock is now truly necessary and am concerned that granting a variance on this lot will establish a precedent for all association docks. How will the council be able to turn down other non~qualifying docks if this one is approved? The established code should be adhered to in this situation. Thank you for your consideration of our views. Beth and Doug Bitney 6645 Horseshoe Curve 763.212.6346 (Beth) 612.291.8164 (Doug) 5/1512006 < < 00. PC DATE: May 16, 2006 w CC DATE: June 12,2006 CITY OF CHANHASSEN REVIEW DEADLINE: June 11,2006 CASE #: 06-20 BY:LH,DA STAFF REPORT PROPOSAL: Conditional Use Permit Amendment and Variance LOCATION: Outlot B, Reichert's Addition APPLICANT: Near Mountain Lake Association Jahn Dyvik, Association Representative 610 Pleasant View Road Chanhassen, MN 55317 dV:t PRESENT ZONING: Single Family Residential (RSF) 2020 LAND USE PLAN: Residential- Low Density (Net Density Range 1.2 - 4u/Acre) AREA: 27,000 square feet (at OHW) DENSITY: N/A SUMMARY OF REQUEST: Request for CUP amendment to allow an additional dock and a total of 8 docked boats. Variances are needed as part of the CUP amendment to allow the installation of second dock without the minimum required lot area (50,000 square feet) necessary for a second dock and additional docked boats above the 3 per dock maximum as stated in Chanhassen Code Sec. 20-266 (6). Notice of this public hearing has been mailed to all property owners within 500 feet and all owners of property abutting Lotus Lake. 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. The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation 5/1512006 Page 2 of3 Page 3 of3 from established standards. This is a quasi judicial decision. Beth Bitney Carlson Finance I Carlson Hotels Worldwide Planning and Performance Reporting Phone: 763.212.6346 E-mail: hhit!!~y@_~ad~Q!h~Qm 5/1512006 2nd dock Page 1 of 1 Haak, Lori From: Ladd Conrad [Iadd@mtmad.com] Sent: Monday, May 15, 2006 1 :57 PM To: Haak, Lori Subject: 2nd dock Hi Lori I couldn't find the staffs recommendation for this beach lot on Lotus so I'll offer my thoughts anyway on granting a variance. The 50000 foot requirement necessary before a second dock would be considered is still valid in that it doesn't allow a beach association to put any more pressure on an overused lake then what a single riparian lot owner would do. Please don't let this set a president for beach lots that would now only have to meet a 27000 requirement. Thanks Ladd Conrad 5/15/2006 Page 1 of 1 Haak, Lori From: Christa Vassallo [cvassallo@mchsi.com] Sent: Tuesday, May 16, 2006 11 :05 AM To: Haak, Lori Subject: Near Mountain Outlot variance Dear Planning Commission, Planning Case 06-20 I live on Horseshoe Curve and travel on Pleasant View Road multiple times during the day and I have very strong concerns already about the traffic in that particular section of the road. The parked vehicles associated with that outlot have started to park on the road (often both sides) and makes that part of the road very dangerous to traverse. This issue is even more difficult during the evening hours. I would be very concerned with the prospect of more vehicles parking on the road. The applicant states that parking would not be an issue because homeowners live within 500 feet of the lot, but I would say parking is already an issue for that outlot having only the one dock. I also have very strong concerns about placing another dock with boats close to a wetland portion of the lake. That particular part of Pleasant View carries watershed from the Summit (driving you are always aware of the water cascading across the road during wet times) and the wetlands are crucial to assisting filtering the water that flows into Lotus Lake. I would object to inviting more constant boating activity to that portion of the lake, we need to preserve what protection to the lake quality we have that exists. I also fear granting this exception would bring forth additional variance requests for outlots that would want to enjoy the same benefits that may possibly be granted to Near Mountain Outlot. Thank you for your consideration in this matter, Christa Vassallo 5/1612006 Haak, Lori From: Sent: To: Subject: Susan Conrad [susan@mtmad.com] Tuesday, May 16, 2006 4:43 PM Haak, Lori Re: Outlot B For Planning Commission: My concern for Lotus Lake is environmental. Having been one of the authors of the original Wetland Ordinance for the City of Chanhassen I feel it necessary to weigh in on one major issue involving the request for variance on Outlot B at Lotus Lake. The proximity this proposed dock is to the critical wetland located there would have a negative impact on the water quality in the lake. As motorized watercraft take off from docks they cause vegetative mass in wetlands to gradually break up and eventually diminish. This particular wetland acts as a filter to a very steep terrain across the road. It has to protect the lake not only from the greater velocity of particulate matter running off these adjacent properties but also from the runoff from Pleasant View Road. Fertilizers, pesticides and other toxic materials can flow freely into the lake, wetlands slow the movement of water that can erode shoreline and harm the water quality. The hills above this property make this wetland more critical than most around the lake. In 1987 the City required the owners of this beachlot to put out and maintain a buoy signifying no wake in the area. This proves what my previously stated concerns are. Regarding the items listed as exceptions in the request letter, it is obvious that this homeowners' association has noted violations at other beachlots. On behalf of the Lotus Lake Homeowners' Association, I request that the City does indeed follow-up on enforcing the regulations at all beachlots as a result of these noted abuses. The staff review of the request is excellent and I (personally) support each point. Thank you, Susan Conrad 1 Page 1 of 1 Lori From: Ron Harvieux [ronharvieux@earthlink.net] Sent: Tuesday, May 30, 2006 10:19 AM To: Haak, Lori Subject: CUP Proposal/Lotus Lake Hi Lori -- we have been out of town for the past couple of months, and were surprised at the proposal for additional dockage at "Outlot B" on Lotus Lake. We believe this is an irresponsible proposal that will only put more pressure on the fragile condition of the lake at that site. The fact that any dockage is allowed in that area is concerning, but I guess "what is done, is done" I only hope we do not compound the potential damage to the lake, the quality of water usage and enjoyment, and (yes) the property values for all current lake home owners by a further negative influence on the Lake's ecosystem. Thank you for your consideration and concern. Ron Harvieux 6605 Horseshoe Curve Chanhassen 5/30/2006