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CAS-26_LAKESIDE CONDITIONAL USE PERMIT AMENDMENTThomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Pochler Soren M. Mattick John F. Kelly Henry A. Schaeffer, III Alina Schwartz Samuel J. Edmunds Marguerite M. McCarron 1380 Corporate Center Come Suite 317 - Eagan, MN 55121 651-452-5000 F2x 651-452-5550 www.ck-12w.com 0 LP CAMPBELL KNUTSON Professional Association August 9, 2012 Ms. Kim Meuwissen City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 Re: Chanhassen — Miscellaneous Recording Dear Kim: Pursuant to your letter of June 28, 2012, enclosed herewith is the original recorded Conditional Use Permit #2006-26. Please note that this Conditional Use Permit was recorded with the Carver County Recorder on July 9, 2012, as Document No. A558032. If you have any questions regarding the above, please give me a call. cjh Enclosure Very truly yours, CAMPBELL KNUTSON Professional Association Carole J. Hoeft Legal Assistant SCANNIED 0 OFFICE OF THE Document No. COUNTYRECORDER A 558032 CARVER COUNTY, MINNESOTA Fee� $46.00 RecelpW RA 201200007C cerbW Recofded on 71W2012 558032 1111111111111111111 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA CONDITIONAL USE PERMIT #2006-26 I" at 04:30 D AMPIPM *Madq ren n Recorder 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby amends and grants a conditional use permit for the following use: a recreational beachlot with a Variance from the requirement that 80 percent of the units be within 1,000 feet of the recreational beacWot, plans prepared by Pioneer Engineering, dated May 19, 2006, revised June 7, 2006 with the addition of the construction of up to four non -motorized watercraft racks. 2. Property. 'Me permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Outlots I and J, Lakeside. 3. Conditions. The permit is issued for a recreational beachlot for the Lakeside development, with the following conditions: a. A conditional use permit (CUP) shall be obtained from the City prior to the operation of a recreational beachlot. b. The plans shall be revised to depict the OHW of Lake Riley, which is 865.3. All structures shall be located a minimum of 75 feet from the OHW. The proposed fire pit shall be located a minimum of 75 feet from the OHW and shall be buffered from the lake by vegetation. No grading or intensive clearing of vegetation shall occur within the shore impact zone (all areas within 37.5 feet of the OHW). c. The area of Outlot B shall be recalculated to include only the area within the outlot above the OHW. The amount of shoreline for Outlot B shall be calculated along the OHW. The number of docks and slips permitted by the conditional use permit for the beachlot shall not exceed the number of docks and slips allowable by City Code for the actual beachlot area and frontage. d. All existing amenities and/or structures (including any docks, existing beach that is not proposed to remain and the boat launch) on Outlot B, North Bay shall be removed. A boat launch is not permitted. SCANNED 0 0 e. The applicant shall work with staff on the design of and materials for proposed path from Lyman Boulevard to the dock to minimize the impacts of runoff from the path to the shoreline and Lake Riley. f. The proposed walking path along the shoreline shall be made of a pervious surface such as mulch, crushed rock or turf grass and shall not be located below the OHW. Special attention shall be paid to ensure that the path materials are not prone to erosion. The plans shall be revised to show the woodland gardens above the OHW of Lake Riley. g. An individual permit shall be obtained from the DNR for any beach sand applications that do not meet the DNR standards for sand blanket applications without an individual permit. h. One beach area shall be permitted to minimize impacts to the lake and to adjacent residents. 'Me applicant shall work with staff on the placement of the beachlot infrastructure to preserve as many of the existing trees in that area as possible. A survey of the area with the tree locations will be required and used to facilitate tree preservation. The applicant shall also work with staff on the location of the woodland path and woodland gardens along the path. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: June 25, 2012 2 (SEAL) STATE OF MINNESOTA (ss COUNTY OF CARVER CITY OF CHANHASSEN BY: Tom Furlong, Mayor AND: -"M Todd- Gerhardt, City Manager The foregoing instrument was acknowledged before me thi lay o 201 2, by City 0 ss Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, S: 'e tha en, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. DRAFTED BY: City of Chanhassen P. 0. Box 147 7700 Market Boulevard Chanhassen, MN 55317 (952) 227-1100 W 00 xm� -4 "�' W-PWOMW jQ1W'h"—.6W= 12111WW N RDTI Ig KAREN j. ENGELHARDT Notary Pubhc-minnosota m F�,,� Jan 31 x 5 pasa Jan 31.2015 4;ia MY C�M�Wlon b 0 CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 0 LETTER OF TRANSMITTAL DATE OB NO. 6/28/12 2006-26 ATTENTION Carole Hoeft RE Document Recording WE ARE SENDING YOU Z Attached El Under separate cover via the following items: El Shop drawings El Copyof El Prints El Plans El Samples El Specifications letter Ej Change order [I Pay Request 171 — DOMES -DATE -NO DESCRIPTION 1 25/12 6-6— -26 Conditional Use Permit Amendment 2006-26 FORBIDS DUE THESE ARE TRANSMITTED as checked below: El For approval El For your use As requested For review and comment FORBIDS DUE REMARKS 0 Approved as submitted El Resubmit El Approved as noted El Submit El Returned for corrections Return M For Recording Ej PRINTS RETURNED AFTER LOAN TO US COPY TO: Gary Roethle, Lakeside Master Association Sl If enclosures are not as noted, kindly notify us at once. copies for approval copies for distribution corrected prints 227-1107 E 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA CONDITIONAL USE PERMIT #2006-26 1. Permit Subject to the terms and conditions set forth herein, the City of Chanhassen hereby amends and grants a conditional use permit for the following use: a recreational beachlot with a Variance from the requirement that 80 percent of the units be within 1,000 feet of the recreational beachlot, plans prepared by Pioneer Engineering, dated May 19, 2006, revised June 7, 2006 with the addition of the construction of up to four non -motorized watercraft racks. 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Outlots I and J, Lakeside. 3. Conditions. The permit is issued for a recreational beachlot for the Lakeside development, with the following conditions: a. A conditional use permit (CUP) shall be obtained from the City prior to the operation of a recreational beachlot. b. The plans shall be revised to depict the OHW of Lake Riley, which is 865.3. All structures shall be located a minimum of 75 feet from the OHW. The proposed fire pit shall be located a minimum of 75 feet from the OHW and shall be buffered from the lake by vegetation. No grading or intensive clearing of vegetation shall occur within the shore impact zone (all areas Aithin 3 7.5 feet of the OHW). c. The area of Outlot B shall be recalculated to include only the area within the outlot above the OHW. The amount of shoreline for Outlot B shall be calculated along the OHW. The number of docks and slips permitted by the conditional use permit for the beachlot shall not exceed the number of docks and slips allowable by City Code for the actual beachlot area and frontage. d. All existing amenities and/or structures (including any docks, existing beach that is not proposed to remain and the boat launch) on Outlot B, North Bay shall be removed. A boat launch is not permitted. 0 0 e. The applicant shall work with staff on the design of and materials for proposed path from Lyman Boulevard to the dock to minimize the impacts of runoff from the path to the shoreline and Lake Riley. The proposed walking path along the shoreline shall be made of a pervious surface such as mulch, crushed rock or turf grass and shall not be located below the OHW. Special attention shall be paid to ensure that the path materials are not prone to erosion. The plans shall be revised to show the woodland gardens above the OHW of Lake Riley. g. An individual permit shall be obtained from the DNR for any beach sand applications that do not meet the DNR standards for sand blanket applications without an individual permit. h. One beach area shall be permitted to minimize impacts to the lake and to adjacent residents. i- The applicant shall work with staff on the placement of the beachlot infiastructure to preserve as many of the existing trees in that area as possible. A survey of the area with the tree locations will be required and used to facilitate tree preservation. The applicant shall also work with staff on the location of the woodland path and woodland gardens along the path. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: June 25, 2012 0 0 -(-SEA-L) STATE OF MINNESOTA (ss COUNTY OF CARVER CITY OF CHANHASSEN BY:7X, A Tom Furlong, Mayor AND: —foTd Gerhardt, City Manager The foregoing instrument was acknowledged before me thisALffay o 20 2, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the Ci o ChanLenla Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. DRAFTED BY: City of Chanhassen P. 0. Box 147 7700 Market Boulevard Chanhassen, MN 55317 (952) 227-1100 WWAWM UFA KAREN J, ENGELHARDT Notary Pubile-minnesota My Commimbn EXPIr" Jan 31. 2015 CITY OF CHANNSEN 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 0 June 26, 2012 Mr. Gary Roethle Lakeside Master Association 8776 Lake Riley Drive Chanhassen, MN 55317 Re: Lakeside Beachlot Conditional Use Permit Planning Case #2006-26 Dear Mr. Roethle: 01�- 2_(� This letter is to confixm that the Conditional Use Permit 92006-26 amendment to permit the construction of up to four non -motorized watercraft racks at the Lakeside recreational beachlot subject to the existing conditions of approval was approved by City Council on June 25, 2012: Finance a. A conditional use permit (CUP) shall be obtained from the City prior to the Phone: 952.227.1140 operation of a recreational beacblot. Fax:952.227.1110 b. The plans shall be revised to depict the OHW of Lake Riley, which is 865.3. Park & Recreation All structures shall be located a minimum of 75 feet from the OHW. The Phone: 952.227.1120 proposed fire pit shall be located a minimum of 75 feet from the OHW and Fax: 952.227.1110 shall be buffered from the lake by vegetation. No grading or intensive Recreation Center clearing of vegetation shall occur within the shore impact zone (all areas 2310 Coulter Boulevard within 37.5 feet of the OHW). Phone: 952.227.1400 Fax: 952.227.1404 c. The area of Outlot B shall be recalculated to include only the area within the outlot above the OHW. Ile amount of shoreline for Outlot B shall be Planning & Natural Resources calculated along the OHW. 'Me number of docks and slips permitted by the Phone: 952.227.1130 conditional use permit for the beachlot shall not exceed the number of docks Fax: 952.227.1110 and slips allowable by City Code for the actual beachlot area and frontage. Public Works d. All existing amenities and/or structures (including any docks, existing beach 7901 Park Place that is not proposed to remain and the boat launch) on Outlot B, North Bay Phone: 952.227.1300 shall be removed. A boat launch is not permitted. Fax: 952-227.1310 Senior Center e. The applicant shall work with staff on the design of and materials for Phone: 952.227.1125 proposed path from Lyman Boulevard to the dock to minimize the impacts of Fax:952.227.1110 runoff from the path to the shoreline and Lake Rfley. Web Site f. The proposed walking path along the shoreline shall be made of a pervious wwwrxi.charthassen.mn.us surface such as mulch, crushed rock or turf grass and shall not be located Chan h ass en is a Community for Life -Providing for Today and Planning for Tomorrow SCANNED Mr. Gary Roethle June 26, 2012 Page 2 below the OHW. Special attention shall be paid to ensure that the path materials are not prone to erosion. The plans shall be revised to show the woodland gardens above the OHW of Lake Riley. g. An individual permit shall be obtained from the DNR for any beach sand applications that do not meet the DNR standards for sand blanket applications without an individual permit. h. One beach area shall be permitted to minimize impacts to the lake and to adjacent residents. i. The applicant shall work with staff on the placement of the beachlot infrastructure to preserve as many of the existing trees in that area as possible. A survey of the area with the tree locations will be required and used to facilitate tree preservation. The applicant shall also work with staff on the location of the woodland path and woodland gardens along the path. If you have any questions or need additional information, please contact me at (952) 227-1131 or bp,enerous@ci.chanhassen.mn.us. Sincerely, Robert Generous, AICP Senior Planner ec: Todd Gerhardt, City Manager Kate Aanenson, Community Development Director Alyson Fauske, Assistant City Engineer Terry Jeffery, Water Resources Coordinator gApImX2006 pimning �W&26 lakmide\cup =wdment 2012\approval letterAm Chanhassen City Council — * 25, 2012 0 LAKESIDE BEACHLOT: REOUEST FOR AMENDMENT TO CONDITIONAL USE PERMIT 2006-26 TO ALLOW TWO CANOE RACKS, OUTLOTS I & J, LAKESIDE APPLICANT: LAKESEDE MASTER ASSOCIATION. Kate Aanenson: Thank you Mayor, members of the City Council. This item appeared before the Planning Commission on June I 91h and they did recommend 4-0 to approve it. The application is for an amendment to a beachlot that did receive approval with the original project so there's a master developer which all of the different sub -sets of the Lakeside belong to so this is the master development agreement that they want to amend the CUP to add for the canoe racks which were left off the original one. The applicants did request two. They are allowed up to four and we tried to be proactive and recommend that wejust permit the four and a future date when there's, it's all built out then there may be a need for that. Again we think it's consistent with the original CUP. The amended CUP was mailed out separately but that is part of the motion that we are recommending for tonight so again this is the site itself. Where the canoe racks would go. The four racks. They can hold up to 6 on each one so there'd be plenty of opportunities for them to enjoy it and this did appear last week at the Planning Commission. We did want to, we got the minutes in and moved this forward so they can enjoy it for the summer so we are recommending approval. I do have a motion for you and I'd be happy to answer any questions that you may have. Mayor Furlong: Thank you Ms. Aanenson. Any questions for staff? Councilman Laufenburger: Mr. Mayor? Mayor Furlong: Yes. Councilman Laufenburger: Kate, do we have recommended guidelines on how a canoe rack is supposed to be secured and etcetera? Kate Aanenson: Yeah, they're pretty standard and it's under the HOA master agreement that they would take ownership of that responsibility. Any liability. Anything that's different than would be in our public properties but their standard as far as the, I think they're pretty customized as far as the 6 cycle one and how they're set but that's up to the association and the installation and all that. Councilman Laufenburger: Okay, thank you. Mayor Furlong: Any other questions? Again this is in conformance with city ordinance. Kate Aanenson: That's correct. Mayor Furlong: And everything's in compliance so no special requests or nothing approaching a variance or anything like that at all? Kate Aanenson: Correct. Correct. Just amending what they could have had. Mayor Furlong: Just going through the process. Kate Aanenson: Right. Mayor Furlong: Okay, thank you. If there is no other questions, any discussion? At this time a motion would be in order. Councilman Laufenburger. SCANNED Chanhassen City Council — JV25, 2012 0 Councilman Laufenburger: I'd be happy to. Mr. Mayor I move that the Chanhassen City Council approves the amendment to the Conditional Use Permit for the Lakeside Beachlot to add canoe racks and adoption of the attached Planning Commission Findings of Fact. Mayor Furlong: Thank you. Is there a second? Councilman McDonald: I'll second. Mayor Furlong: Motion's been made and seconded. Any discussion on the motion? Councilman Laufenburger moved, Councilman McDonald seconded that the Chanhassen City Council approves the amendment to the Conditional Use Permit #2006-26 for the Lakeside Beachlot to add up to four canoe racks and adoption of the attached Planning Commission Findings of Fact. All voted in favor and the motion carried unanimously with a vote of 4 to 0. RESIDENTL4,L PLANNED UNff DEVELOPMENT (PUD -R) AMENDMENTS: REOUEST TO AMEND THE FOLLOWING RESIDENTIAL PLANNED UNIT DEVELOPMENTS: MISSION HILLS (WITH REZONING TO RSF). SARATOGA ADDIXION, SOUTH LOTUS LAKE, SOUTH LOTUS VILLAS, TRIPLE CROWN ESTATES, WALNUT GROVE, WESTERN HILLS, AND WILLOWPJDGE. APPLICANT: CITY OF CHANHASSEN. Kate Aancnson: Thank you Mayor for reading all those for me. This group three as you just indicated has 7 different neighborhoods so we had a neighborhood meeting on May 8h at the Chan Rec Center. We had 20 people in attendance and the meeting notices we explained showed how to get to the City's website and provide additional information. At all of our meetings we've been having a laptop there. We're showing people how to go to the County's welbsite to get additional information. Showing our residents information that we have on our website for, if they want other information of what's going on in the City so it's been a great opportunity to meet with our residents and also they enjoy, we have aerial photos of each neighborhood so I think they've really enjoyed looking at their neighborhood and kind of seeing what's going on so that's been a real positive thing to do. So again as we stated before it's not our intent to up zone any property at this time. It's really just to provide the codification and get that underlying zoning district. Having said that, these are the neighborhoods that we've done. Inyourpacket there's a lot of information on the Mission Hills development and at the Planning Commission the property owners, the Klingelhutz's representing Mission Hills, the commercial piece is all part of that PUD. We put a lot of information in that and some of it kind of got beyond what we believe was the scope of the rezoning part, specifically access onto 101. At the time that they negotiated with MnDOT that was, the City had jurisdiction over 10 1. Now the County does so we put some of that background in there. In working with their attorney we agreed that we would go to the new PUD standards which we hadn't done in any rezonings because that did give them some relief, specifically again some of the noise walls but that PUD standard said that they would have to bring in a project for you as a council to go beyond that. They wanted some agreement on that. Obviously we can't make that recommendation without the project in front of the council and I recommended against that and advised their attorney that maybe the best thing to do isjust not to change anything at this point and that we can address that at a future date so that's what we did so I did hand out to the council the original PUD. There are a few minor changes but nothing affecting really the commercial piece, and I'll go through those in a minute. So the Mission Hills itself, as you can see there's the condominiums. A couple different products within the Mission Hills. Some single family and the condominium projects itself so there's Mission Hills Lane, Mission Hills Drive, Mission Hills Way. Again this would be the commercial piece right in here that we're talking about that we're leaving out of the rezoning. It's all into one PUD as far as making significant changes that were requested and that goes back to the flexibility that we put into the PUD 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: 952.22T1404 Manning & Natural Resources Phone: 952.22T11130 Fax: 952.22T111110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us PROPOSED MOTION "The Chanhassen City Council approves the amendment to the Conditional Use Permit for the Lakeside Beachlot to add canoe racks, and adoption of the attached Planning Commission Findings of Fact." City Council approval requires a majority vote of the entire City Council. EXECUTIVE SUMMARY The Lakeside Master Association is proposing to add canoe racks to the beachlot Up to four non -motorized watercraft racks are a permitted element on a beachlot. The original approval did not include any non -motorized watercraft racks. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on June 19, 2012 to review the proposed amendment to the Lakeside Beachlot Conditional Use Permit (CUP). The Planning Commission voted four for and none against a motion recommending approval of the addition of the non -motorized watercraft racks. There were no issues or concerns. The Planning Commission minutes are attached. RECOMMENDATION Staff recommends approving the amendment to the Lakeside Beachlot Conditional Use Permit to permit canoe racks. ATTACHMENTS 1. Planning Commission Staff Report Dated June 19, 2012. 2. Planning Commission Minutes of June 19, 2012. gAp1mQ006 planning cnesX06-26 lak�ide\cup amendmcnt 2012\cxecutive surnmaryAm Chanhassen is a Community for Life - Providing for Today and Planning ior Tomorrow 0 0 —s— MEMORANDUM CITY OF TO: Todd Gerhardt, City Manager CHMHASEN FROM: Bob Generous, Senior Planner 7700 Market Boulevard DATE: June 25, 2012 oyl�� PC Box 147 Chanhassen, MN 55317 SUBJ: Lakeside Beachlot Conditional Use Permit Amendment Planning Case #2006-26 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: 952.22T1404 Manning & Natural Resources Phone: 952.22T11130 Fax: 952.22T111110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us PROPOSED MOTION "The Chanhassen City Council approves the amendment to the Conditional Use Permit for the Lakeside Beachlot to add canoe racks, and adoption of the attached Planning Commission Findings of Fact." City Council approval requires a majority vote of the entire City Council. EXECUTIVE SUMMARY The Lakeside Master Association is proposing to add canoe racks to the beachlot Up to four non -motorized watercraft racks are a permitted element on a beachlot. The original approval did not include any non -motorized watercraft racks. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on June 19, 2012 to review the proposed amendment to the Lakeside Beachlot Conditional Use Permit (CUP). The Planning Commission voted four for and none against a motion recommending approval of the addition of the non -motorized watercraft racks. There were no issues or concerns. The Planning Commission minutes are attached. RECOMMENDATION Staff recommends approving the amendment to the Lakeside Beachlot Conditional Use Permit to permit canoe racks. ATTACHMENTS 1. Planning Commission Staff Report Dated June 19, 2012. 2. Planning Commission Minutes of June 19, 2012. gAp1mQ006 planning cnesX06-26 lak�ide\cup amendmcnt 2012\cxecutive surnmaryAm Chanhassen is a Community for Life - Providing for Today and Planning ior Tomorrow PROPOSED MOTION: "The Planning Commission recommends approval of the amendment to the Conditional Use Permit for the Lakeside Beachlot to add canoe racks, and adoption of the attached Findings of Fact and Recommendation. SUMMARY OF REQUEST: The developer is requesting an amendment to the Lakeside 6v< Beachlot Conditional Use Permit to allow two canoe racks located on Outlots I & J, Lakeside — Planning Case 2006-26 LOCATION: South of Lyman Boulevard at Lake Riley Drive APPLICANT: Lakeside Master Association Gary Roethle 8776 Lake Riley Drive Chanhassen, MN 55317 PRESENT ZONING: Planned Unit Development — Residential (R- 16 underlying) 2020 LAND USE PLAN: ACREAGE: 1.44 acres Residential High Density DENSITY: NA LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City has limited discretion in approving or denying conditional use permits, based on whether or not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If the City finds that all the applicable conditional use permit standards are met, the permit must be approved. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY The Lakeside Master Association is proposing to add two canoe racks to the beachlot. Up to four racks are a permitted element on a beachlot. The original approval did not include any non - motorized watercraft racks. APPLICABLE REGULATIONS Chapter 20, Article IV, Conditional Use Permits SCANNu) 0 0 Planning Commission Lakeside Beachlot CUP Amendment June 19,2012 Page 2 of 3 BACKGROUND July 24, 2006, as part of the original Conditional Use Permit (CUP), the recreational beachlot was approved that included a gazebo, fire pit, grill, portable chemical toilet, two beach areas, picnic area, tot lot, walking path and one dock with six slips. The permit was issued for the recreational beachlot for the Lakeside development with the following conditions: a. A conditional use permit (CUP) shall be obtained from the City prior to the operation of a recreational beachlot. b. The plans shall be revised to depict the OHW of Lake Riley, which is 865.3. All structures shall be located a minimum of 75 feet from the OHW. The proposed fire pit shall be located a minimum of 75 feet from the OHW and shall be buffered from the lake by vegetation. No grading or intensive clearing of vegetation shall occur within the shore impact zone (all areas within 37.5 feet of the OHW). c. The area of Outlot B shall be recalculated to include only the area within the outlot above the OHW. The amount of shoreline for Outlot B shall be calculated along the OHW. The number of docks and slips permitted by the conditional use permit for the beachlot shall not exceed the number of docks and slips allowable by City Code for the actual beachlot area and frontage. d. All existing amenities and/or structures (including any docks, existing beach that is not proposed to remain and the boat launch) on Outlot B, North Bay shall be removed. A boat launch is not permitted. e. The applicant shall work with staff on the design of and materials for proposed path from Lyman Boulevard to the dock to minimize the impacts of runoff from the path to the shoreline and Lake Riley. f. The proposed walking path along the shoreline shall be made of a pervious surface such as mulch, crushed rock or turf grass and shall not be located below the 014W. Special attention shall be paid to ensure that the path materials are not prone to erosion. The plans shall be revised to show the woodland gardens above the OHW of Lake Riley. g. An individual permit shall be obtained from the DNR for any beach sand applications that do not meet the DNR standards for sand blanket applications without an individual permit. h. One beach area shall be permitted to minimize impacts to the lake and to adjacent residents. i. The applicant shall work with staff on the placement of the beachlot infrastructure to preserve as many of the existing trees in that area as possible. A survey of the area with the tree locations will be required and used to facilitate tree preservation. The applicant shall 0 0 Planning Commission Lakeside Beachlot CUP Amendment June 19,2012 Page 3 of 3 also work with staff on the location of the woodland path and woodland gardens along the path. ANALYSI A CUP is required for the beachlot. The beachlot is approximately 1.44 acres in area. The length of shoreline at the beachlot is over 800 feet. The Lakeside beachlot serves all the households within the Lakeside development Up to 233 dwelling units were approved with the initial development. The land south of Lyman Boulevard generally slopes from the north down to Lake Riley with an ordinary high water (OHW) elevation of 865.3. There are areas of very steep slopes on the north side of the beachlot. The beachlot area is heavily wooded. These trees were preserved as part of the development. Non -motorized watercraft such as canoes, windsurfers, sailboards and small sailboats may be stored overnight on any recreational beachlot if they are stored on racks specifically designed for that purpose. The addition of the racks is permitted by City Code and is consistent with the development of the beachlot. Section 20-266 (6) permits up to four racks with space for six watercmft each. The placement of docks, buoys, diving ramps, boat racks, and other structures shall be indicated on a s n1an armmved the citv council Staff recommends that the storage racks be located to the west of the tot play area and north of the beach. RECOMMENDATION Staff recommends that the Planning Commission approve the Conditional Use Permit #2006-26 amendment to permit the construction of up to four non -motorized watercraft racks at the Lakeside recreational beachlot subject to the existing conditions of approval. ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Development Review Application. 3. Rack Schematic. 4. Section 20-266 of the Chanhassen City Code. 5. Public Hearing Notice and Mailing List. g:\pl�\2006 pImning cnes\06-26 lakmidekup �dment 2012\staff reportAm r-]L 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMIENDATION IN RE: Application of Gary Roethle of the Lakeside Master Association for an amendment to Conditional Use Permit #2006-26 to permit the construction of canoe racks on the beachlot. On June 19, 2012, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Gary Roethle of the Lakeside Master Association for a conditional use permit for the property located at Lyman Boulevard and Lake Riley Drive to add canoe racks to the approved beachlot. The Planning Commission conducted a public hearing on the proposed conditional use was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT The property is currently zoned Planned Unit Development — Residential (PUD -R). 2. The property is guided by the Land Use Plan for Residential High Density. 3. The legal description of the property is: Outlots I and J, Lakeside 4. Section 20-232: a. The proposed canoe racks will not be detrimental to the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. b. The proposed canoe racks will be consistent with the objectives of the city's comprehensive plan and this chapter. C. The proposed canoe racks will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. d. The proposed canoe racks will not be hazardous or disturbing to existing or planned neighboring uses. e. The proposed canoe racks will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served 0 0 adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. f. The proposed canoe racks will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. 9- The proposed canoe racks will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h. The proposed canoe racks will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. The proposed canoe racks will not result in the destruction, toss or damage of solar access, natural, scenic or historic features of major significance. j . The proposed canoe racks will be aesthetically compatible with the area. k. The proposed canoe racks will not depreciate surrounding property values. The proposed canoe racks will meet standards prescribed for certain uses as provided in the city code. 5. The planning report #2006-26 dated June 19, 2012, prepared by Robert Generous, et al., is incorporated herein. RECOMMENDATION The Planning Commission recommends that City Council approve the conditional use permit to amend the CUP to permit the construction of canoe racks. ADOPTED by the Chanhassen Planning Commission this 19'h day of June, 2012. CHANHASSEN PLANNING COMMISSION I -W It's Chairman 0 0 CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION A licant Name and Address: A �rl Contact: Phone: Ts 2 - z c 1. 3 7 Fax: 412. z vi, 4 Email: q4,r s?� (b Vt 4-0. C 0 k' 7 1 PI Case No �QC!040_ (p L�� CITY OF CHANHASSEN RECEIVED MAY 18 2012 — _.. �.�n '�JVNINU ury I Property Owner Name and Address: Lzee-r;d� lvlax*�- 4sr.&C/44'�� S Art, G Contact: —ar kce�_i- I-( Phone: 952-ztjf- 6637 Fax: Email: - r - A> NOTE: Consultation With City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) It Lj;)LS Interim Use Permit ([UP) Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* An additional fee of $3 00 er Ad Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) (Additional necording fees may apply) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 (City to install and remove) x E w for Filing Fees/Attomey Cost" w �$5 UP /SPR/VACIVARIWAP/Metes & Bounds P50 Knor SUB A TOTAILFEE� UIS,� W C K-4 . F a ress within the public hearing notification area will be invoiced to the applicant prior to the public hearing. I *Five (5) full-size folded copies of the plans must be submitted, including an 81,," X 111" reduced copy for each plan sheet along with a digital cop in TIFF-Group4 (*.tio 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. 0 0 PROJECT NAME: t a Ke s d L-oncid,'<)ned Uczo� ijkrmi-�- Awnd eA4 LOCATION: ��0/00 /-'Z)L'Z R"'& -Fe�- LEGAL DESCRIPTION AND PID: CW 66- TOTALACREAGE: ZC 1 2 �/( 0-11-tj WETLANDS PRESENT: YES NO PRESENTZONING: Rec,'dAkra'a tql( 51 be�s 7e fi, R REQUESTED ZONING: ( A 7C e- Pu -,b - 12 PRESENT LAND USE DESIGNATION: Res-"'dehf-'C&A pk� - R - REQUESTED LAND USE DESIGNATION: REASON FORREQUEST:_ AcCcL �-z) Cabige R a ehc ,,i ge-a 14 r, -- A ? XP80 /-0 7 -07 - FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of appliGafion 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. Signature Of AOplirant Signature 6f Fee Owner gApIWfomsNd�e1op�t revim appfi�tim.dm Date Date PROJECT NAME: Lake & (de - LOCATION: R/1 �* LEGAL DESCRIPTION AND PID: CIA btn -1 CA- -2s - 4 -at -t oa-i c> *- �;L -&- qQ q oc�-,�;o TOTALACREAGE: Zr. 2,4, WETLANDS PRESENT: PRESENT ZONING: REQUESTED ZONING: ( YES NO /, r. -P t4.6 - 12 PRESENT LAND USE DESIGNATION: Res-l'dehi-'C&A be P14� — A REQUESTED LAND USE DESIGNATION: It P PR b REASON FOR REQUEST: —A&CL (-Z:,) caw)e /Z a e'kc "'Pi ge-a cA 14 r' -- A r �-o 7-07 FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or cJearly 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 at 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. Z�l Signature of qplicant Signature 6f Fee Owner gAplan\fo��dffelop�t �im aWicatimAm Date Date 0 0 & "�, 4 " w1beep -/ " X 'y " p pro .- & A,qrp)e jtf*,O,:� / If 6'ro L4 �A C, if SlJf— V"C W O'V C—.4 C k RAcK LQ4,ellie 7-6 ri A ho i.), e )�ea,-,k I WOQ�DL�A GARDEN L L SEASONAL RESTROON a - I - &M'hll GRI R d 0 A �EB QLA -r-GARDEN -7 0 IC AREA FIRE P-I'l I MmWL MINIKfIZE- 4MPAACT BEACH- 0 0 0 0 City of Chanhassen, City Code See. 20-266. - Recreational beach lots. Intent. Based upon experience, it is recognized by the city that the use of lakeshore by multiple parties may be an intensive use of lakeshore that may present conflicts with neighboring uses of lakeshore or the use of other lakeshore on the same lake or the lake itself. Further, beach lots may generate complaints if they are not maintained to the same standards as single-family lakeshore lots. Therefore, the city requires the following conditions for recreational beach lots, in addition to such other conditions that may be prescribed in the permit: (1) Recreational beach lots shall have at least 200 feet of lake frontage. (2) Except as specifically provided herein, no structure, ice fishing house, camper, trailer, tent, recreational vehicle, shelters (except gazebos) shall be erected, maintained, or stored upon any recreational beach lot. For the purpose of this section, a gazebo shall be defined as, "a freestanding roofed structure which is open on all sides." (3) No boat, trailer, motor vehicle, including but not limited to cars, trucks, motorcycles, motorized mini - bikes, all -terrain vehicles or snowmobiles shall be driven upon or parked upon any recreational beach lot. (4) No recreational beach lot shall be used for overnight camping. (5) Boat launches are prohibited. (6) No recreational beach lot shall be used for purposes of overnight storage or overnight mooring of more than three motorized or nonmotorized watercraft per dock. If a recreational beach lot is allowed more than one dock; however, the allowed number of boats may be clustered. Up to three sailboat moorings shall also be allowed. Nonmotorized watercraft such as canoes, windsurfers, sailboards and small sailboats may be stored overnight on any recreational beach lot if they are stored on Tacks specifically designed for that purpose. No more than six watercraft nay be stored on a rack. The number Of Tacks shall not exceed the amount of storage necessary to permit one rack slip per lot served by the beach lot; however, in no case shall there be more than four racks per beach lot. Docking of other watercraft or seaplanes is permissible at any time other than overnight. (7) The maximum number of docks on a recreational beach lot is three. No dock shall be permitted on any recreational beach lot unless the beach meets the following conditions: a. Shoreline of at least 200 feet per dock; and b. Area of at least 30,000 square feet for the first dock and additional 20,000 square feet for each additional dock. (8) No recreational beach lot dock shall exceed six feet in width, and no such dock shall exceed the greater of 50 feet or the minimum straight-line distance necessary to reach a water depth of four feet. The width (but not the length) of the cross -bar of any "T" or "L" shaped dock shall be included in the computation of length described in the preceding sentence. The cross -bar of any such dock shall not measure in excess of 25 feet in length. (9) No dock shall encroach upon any dock set -back zone, provided, however, that the owner of any two abutting lakeshore sites may erect one common dock within the dock setback zone appurtenant to the abutting lakeshore sites, if the common dock is the only dock on the two lakeshore sites and if the dock otherwise conforms with the provisions of this chapter. 0 0 (10) No sail boat mooring shall be permitted on any recreational beach lot unless it has at least 200 feet of lake frontage. No more than one sailboat mooring shall be allowed for every 200 feet of lake frontage. (11) For purposes of this subsection, the following terms shall mean those beach lots which are located either within (urban) or outside (rural) the Year 2000 Metropolitan Urban Service Area boundary as depicted in the comprehensive plan. a. Urban recreational beach lot: At least 90 percent of the dwelling units, which have appurtenant rights of access to any recreational beach lot, shall be located within 1,000 feet of the recreational beach lot. b. Rural recreational beach lot: A maximum of 50 dwelling units (including riparian lots) shall be permitted appurtenant rights of access to the recreational beach lot. Upon extension of the Metropolitan Urban Service boundary into the rural area, the urban recreational beach lot standards will apply. (12) All recreational beach lots may be used for swimming beach purposes, but only if swimming areas are clearly delineated with market buoys which conform to the United States Coast Guard standards. (13) All recreational beach lots shall have a buffer sufficient to insulate other property owners fi7orn beach lot activities. This buffer may consist of topography, streets, vegetation, distance (width or depth), or other features or combinations of features which provide a buffer. To insure appropriate buffering, the city may impose conditions to insulate beach lot activities including, but not limited to: a. Increased side or front yard setbacks for beach areas, docks, racks or other allowed recreational equipment or activities; b. Hours of use; c. Planting and maintenance of trees and shrubs; d. Erection of fences; e. Standards of maintenance including mowing and trinuning; painting and upkeep of racks, docks and other equipment; disposal of trash and debris; f. Increased width, depth or area requirements based upon the intensity of the use proposed or the number of dwellings having rights of access. (14) To the extent feasible, the city may impose such conditions even after approval of the beach lot if the city finds it necessary. (15) Overnight docking, mooring, and storage of watercraft, where allowed, is restricted to watercraft owned by the owner/occupant or renter/occupant of homes which have appurtenant right of access to the recreational beach lot. (16) The placement of docks, buoys, diving ramps, boat racks, and other structures shall be indicated on a site plan approved by the city council. (17) Portable chemical toilets may be allowed as a condition of approval of a recreational beach lot. The maintenance and use of chemical toilets on some beach lots may be unsuitable because they cannot be adequately screened from residential neighbors or lake users. Any use of chemical toilets on recreation beach lots shall be subject to the following: a. The minimum setback from the ordinary high water mark shall be 75 feet. Side and front yard setbacks shall be maximized to achieve maximum screening from adjacent lots and the lake. b. It may only be used Memorial Day to Labor Day and shall be removed from the lot during the rest of the year. c. It shall be securely anchored to the ground to prevent tipping. 0 0 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: I . Name, address, and phone number of applicants. 2. Site plan showing proposed location of chemical toilets. 3. Name, address, and phone number of chemical toilet supplier. 4. Plan for commercially maintaining the chemical toilet, including a copy of any agreement for maintenance, and the name, address, and phone number of person responsible for maintenance. 5. A written description of how the applicant intends to screen the portable chemical toilet from all views into the property, including views from the lake. (18) No watercraft or boat lift shall be kept, moored, docked, or stored in the dock setback zone. (19) Gazebos may be permitted on recreational beach lots subject to city council approval and the following standards: a. Minimum setback from the ordinary high water mark shall be 75 feet. b. No gazebo shall be closer to any lot line than the minimum required yard setback for the zoning district in which the structure is located. c. Maximum size of the structure shall not exceed 250 square feet. d. Maximum height shall not exceed 20 feet. e. Gazebos shall make use of appropriate materials, colors, and architectural and landscape forms to create a unified, high-quality design concept for the lot which is compatible with adjacent and neighboring structures. f. Gazebos shall be properly maintained. Structures which are rotted, unsafe, deteriorated or defaced shall be repainted, repaired, removed, or replaced by the homeowners or beach lot association. g. The following improvements are prohibited in gazebos; screening used to completely enclose a wall, water and sewer service, fireplaces, and electricity. (Ord. No. 3 77, § 26, 5-24-04) 0 CITY OF CHANHASSEN 0 AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) )ss. COUNTY OF CARVER ) 1, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on June 7, 2012, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Lakeside Beachlot Conditional Use Permit Amendment Request — Planning Case 2006-26 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. 41KCer J. Eng h dt, Depa Clerk Subscribed and sworn to before me this day of -aLq,�e- 12012. "—�otary PubLc T MEWSSEN ("Q k6i;, Notary'Publlc-LMinnesota ota My Comm� EMrw Jan 31. 2015 _j 3 '�j Notice of Public Hearing Chanhassen Planning Commission Meeting Daite & Time: Tuesday, June 19, 2012 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd, Council ChamberST 7700 Market Blvd. Request for Amendment to the Lakeside Beachlot Conditional Proposal: Use Permit 2006-26 to permit construction of canoe racks on the Use Permit 2006-26 to permit construction of canoe racks on the beachlot. Applicant: Lakeside Master Association Property Outiots I & J, Lakeside Location: A location map Is on the reverse side of this notice. A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit If you want to see the plans before the meeting, please visit the City's projects web page at: the City's projects web page at: www.ci.chanhassen.mn.us/lakeside. If you wish to talk to www.ci.chanhassen.mn.us/lakeside. If you wish to talk to someone about this project, please contact Robert Generous Questions & by email at bgenerous(cDci.chanhassen.mn.us or by phone at Comments: 952-227-1131. If you choose to submit written comments, it is 952-227-1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the staff report for this item will be available online on the project web site listed above the Thursday prior to the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Weiland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission City ordinances require all property within 500 feet of the subject site to be notified of the application in writing Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process The Commission will close the public hearing and discuss the item and make a recommendation to the City Council, The City Council may reverse, affirrin or modify wholly or partly the Planning Commission s recommenclatiom RezoningSr land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spolkesiderson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested persons). Because the Planning Commission holds the public hearing, the City Coundl does not. Minutes are taken and any correspondence regarding the application will be Included in the report to the City Council. If you wish to have something to be incJuded in the report, please contact the Planning Staff person named on the notification. _ Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time, Tuesday, June 19, 2012 at 7: P.M. This hearing may not start until later in the evening, depending on the order of the agenda. Location:_ City Hall Council ChamberST 7700 Market Blvd. Request for Amendment to the Lakeside Beachlot Conditional Proposal: Use Permit 2006-26 to permit construction of canoe racks on the beachlot. Applicant: Lakeside Master Association Property Outlots I & J, Lakeside Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1 ' Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/lakeside. If you wish to talk to someone about this project, please contact Robert Generous by email at bqenerous(Cci.chanhassen.mn,us or by phone at Questions & 952-227-1131. If you choose to submit written comments, it is Comments: helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned unit Developments, Site Plan Reviews. Conditional and Interim Uses, Weiland Alters Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting • Staff prepares a reporton the subject application that includes all pertinent information and a recommendation. These reports am available by request. At the Planning commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercialUindustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested persorl • Because the Planning Commission holds the public hearing. the City Council does not. Minutes am taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. — 0 CHARLES CUDD LLC 15050 23RD AVE N PLYMOUTH, MN 55447-4710 DONALD L & ESTHER EGGEBRECHT 138 LAKEVIEW RD E CHANHASSEN, MN 55317-7625 GRACE B & MICHAEL J HAZZARD 130 LAKEVIEW RD CHANHASSEN, MN 55317-7625 HIGHLANDS AT LAKESIDE OWNERS A 7100 MADISON AVE W GOLDEN VALLEY, MIN 55427-3602 JOEL A & KATHLEEN L AGRIMSON 8587 LAKE RILEY DR CHANHASSEN, MN 55317-4757 LAKESIDE MASTER ASSOCIATION 7100 MADISON AVE W GOLDEN VALLEY, MN 55427-3602 PATRICIA A TRIPP 15800 HIGHLAND HEIGHTS DR MINNETONKA, MN 55345-5643 THE LIBERTY AT LAKESIDE OWNERS 6109 BLUE CIRCLE DR MINNETONKA, MN 55343-9140 BEARPATH GOLF/COUNTRY CLB LIP 18100 BEARPATH TR EDEN PRAIRIE MN 55347 DAVID & LORI FREE 5885 SEAMANS DR SHOREWOOD, MN 55331-8989 DOROTHYIKOCH 134 LAKEVIEW RD E CHANHASSEN, MN 55317-7605 HENRY W NORTON JR 12 RILEY RDG CHANHASSEN, MN 55317-5317 JAMES D KRUSE 14 RILEY RDG CHANHASSEN, MN 55317-4520 JOHN D & MELANIE L RINGSTROM 126 LAKEVIEW RD E CHANHASSEN, MN 55317-7625 NANCY G EVENSEN 17683 BALLANTRAE CIR EDEN PRAIRIE, MN 55347-3435 REC INC 7500 W 78TH ST EDINA, MN 55439-2517 THOMAS W & JOANNE C CHAN 110 LAKEVIEW RD E CHANHASSEN. MN 55317-7625 BEARPATH GOLF/COUNTRY CLB LIP 18100 BEARPATH TR EDEN PRAIRIE MN 55347 0 DEAN R BENSON 6256 UPPER PKY N WAUWATOSA, WI 53213-2430 GERALD D RANFRANZ 28 LAKE RILEY TRL CHANHASSEN, MN 55317-4541 HERITAGE ISLES AT LAKESIDE HOM 7500 W 78TH ST MINNEAPOLIS, MN 55439-2517 JODY L ROGERS 106 LAKEVIEW RD E CHANHASSEN, MN 55317-7625 JOHN R MEYERS 40 LAKE RILEY TRL CHANHASSEN. MN 55317-4541 NORTH BAY HOMEOWNERS ASSN INC 2681 LONG LAKE RD ROSEVILLE, MN 55113-1128 THE LAKESIDE MASTER ASSN 7100 MADISON AVE W GOLDEN VALLEY, MN 55427-3602 CITY OF EDEN PRAIRIE 8080 MITCHELL RD EDEN PRAIRIE MN 55344 SCOTT & HEIDI FREDERIKSEN 18626 BEARPATH TR EDEN PRAIRIE MN 55347 DANIEL J MURPHY KENNETH M & VALERIE ROSS MARY JO & BRUCE E CARLSON 8964 ENGLISH TURN 8976 ENGLISH TURN 8988 ENGLISH TURN EDEN PRAIRIE MN 55347 EDEN PRAIRIE MN 55347 EDEN PRAIRIE MN 55347 0 0 BEARPATH HOMEOWNERS ASCN INC JOHN A BUSHEY RONALD E & VIRGINIA A LUND C/O COMMUNITY DLVPT INC 9000 LAKE RILEY RD 9002 RILEY LAKE RD 7100 MADISON AVE W EDEN PRAIRIE MN 55347 EDEN PRAIRIE MN 55347 GOLDEN VALLEY MN 55427 0 0 CHANIIASSEN PLANNING REGULAR MEETING JUNE 19,2012 Chairman Allier called the meeting to order at 7:35 p.m. MEMBERS PRESENT: Andrew Aller, Kathleen Thomas, Lisa Hokkanen, and Bill Colopoulos MEMIBERS ABSENT: Mark Undestad, Kim Tennyson, and Kelsey Nelson STAFF PRESENT: Kate Aanenson, Community Development Director; and Bob Generous, Senior Planner Aller: We're starting the meeting a little late but let the record reflect that we have a quorum and we'll be taking some matters out of order tonight. PUBLIC REAPING: LAKESIDE BEACHLOT: REOUEST FOR AMENDMENT TO CONDITIONAL USE PERMIT 2006-26 TO PERMIT CONSTRUCTION OF CANOE RACKS ON PROPERTY ZONED PLANNED UNIT DEVELOPMENT -RESIDENTIAL (PUD -R) LOCATED ON OUTLOTS I & J. LAKESIDE. APPLICANT: LAKESIDE MASTER ASSOCIATION, PLANNING CASE 2006-26. Aller: Okay, the first item will be taken out of order. It is item number 2 and it is a request for an amendment to Lakeside Beachlot Conditional Use Permit. Generous: Thank you Mr. Chairman. Commissioners. As you stated this is an amendment to the Conditional Use Permit for a beachlot at the Lakeside development. It's Planning Case 2006-26. The public hearing is being held tonight, the I 91h and this is being turned around for council next Monday. The property in question is located on Lyman Boulevard on the north side of Lake Riley. The development immediately to the north of that is the Lakeside development and just to the northwest of that is the North Bay development in Chanhassen. The property to the east of this is in the City of Eden Prairie and that's the Bearpath golf course that you can see to the northeast. In 2006 when this project came forward they did a conditional use permit for the beachlot but they didn't include any canoe racks or non -motorized racks for the development. Now they want to come in and put those in and they're trying to expedite that process. The conditional use permit standards for beachlots allows up to 4 racks and with up to 6 canoes or other non -motorized watercraft on it. They originally came in for only specifying 2 but as part of this approval, because there are so many homes that may be in that association that we allow them to do uptothe 4 overtime asthey develop so. Here's the original plan. They've just shown in this little area to the northeast of the totlot area that they want to be able to put canoe racks in. Very simple construction. It's cross beams with wood. Maximum height of about 5 feet I think so they don't have to lift them very far. Actually the construction of these will not require a building permit from the City because there's no standards involved with that. That is the extent of the proposed amendment right now. Staff is recommending approval of the amendment for the beachlot to permit canoe racks subject to the original conditions of approval for the beachlot. And here's the motion for you. With that I'd be happy to answer any questions. Aller: Who will be maintaining them? Generous: The Lakeside Homeowners Association. It's a master association I believe. It covers the entire development and then there's sub -associations in there but they're all part of this association which has the beachlot and the club house within the development. 0 0 Aller: I have no other questions. Anyone else have any questions, comments? Thank you Bob. Would the applicant like to come up and say anything? State your name and address for the record. Gary Roethle: Hi. Gary Roethle from 8776 Lake Riley Drive, Chanhassen. Aller: Thank you Mr. Roethle. Gary Roethle: I'm President of the Highlands Homeowners Association and on the board of the master. We've gotten approval from the master board to do this. We've also been accounted for making sure we had an insurance rider, just so you're aware, to our lakefront property to make sure in case there were any injuries or whatever that that coverage is there and it's the people who are paying, doing the work to build it that are going to be responsible for the maintenance and whatever, and as Bob Generous mentioned, the verbiage in the original submittal included statements of the boat racks but they never put them in the drawings so we have a group of enthusiasts currently and then another half a dozen so I'm glad you took it to 4, who wanted future access to putting kayaks or canoes up there so we'd like to do that and get it in so we can enjoy the summer on the lake. Aller: Thank you. I have no questions. Anyone? Thomas: No, no questions. Aller: It looks great, thank you very much. With that I'll open the public hearing for comment. Anyone wishing to step forward and discuss the request can do so. State your name and address for the record. Seeing no one come forward I'm going to close the public hearing. Any need for discussion? Questions? I'll take a motion. Colopoulos: I'd like to move that the Planning Commission recommends the City Council approve Conditional Use Permit application 2006-26 amendment to permit the construction of up to four non - motorized watercraft racks at the Lakeside recreational beachlot subject to the existing conditions of approval. Aller: I have a motion. Do I have a second? Thomas: Second. Aller: Having a motion and a second, any discussion? Colopoulos moved, Thomas seconded that the Planning Commission recommends the City Council approve Conditional Use Permit 2006-26 amendment to permit the construction of up to four non - motorized watercraft racks at the Lakeside recreational beachlot subject to the existing conditions of approval. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Aller: Motion carries and please note again this will be before the City Council on June 25'h, which is Monday. Generous: Clarification Mr. Chairman. Was that motion to also adopt the attached Findings of Fact and Recommendation? 0 0 Colopoulos: I'll make that motion to the attached Findings of Fact and Recommendation, development review application and racks schematic Section 20-266 of the Chanhassen City Code and public hearing notice. Aller: Can I have a second to that for motion for amendment. Thomas: Yeah, motion to amend. Colopoulos moved, Thomas seconded that the Planning Commission recommends the City Council approve Conditional Use Permit 2006-26 amendment to permit the construction of up to four non - motorized watercraft racks at the Lakeside recreational beachlot subject to the existing conditions of approval and adoption of the Findings of Fact and Recommendation. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Aller: Passes formally. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Gary Roethle of the Lakeside Master Association for an amendment to Conditional Use Permit #2006-26 to permit the construction of canoe racks on the beachlot. On June 19, 2012, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Gary Roethle of the Lakeside Master Association for a conditional use permit for the property located at Lyman Boulevard and Lake Riley Drive to add canoe racks to the approved beachlot. The Planning Commission conducted a public hearing on the proposed conditional use was preceded by published and mailed notice. The Planning Commission heard testimony from a interested persons wishing to speak and now makes the following: FINDINGS OF FACT The property is currently zoned Planned Unit Development — Residential (PUD -R). 2. The property is guided by the Land Use Plan for Residential High Density. The legal description of the property is: Outlots I and J, Lakeside 4. Section 20-232: a. The proposed canoe racks will not be detrimental to the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. b. The proposed canoe racks will be consistent with the objectives of the city's comprehensive plan and this chapter. C. The proposed canoe racks will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and %rill not change the essential character of that area. d. The proposed canoe racks will not be hazardous or disturbing to existing or planned neighboring uses. e. The proposed canoe racks will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served SCANNED -V 0 0 adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. The proposed canoe racks will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. 9- The proposed canoe racks will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h. The proposed canoe racks will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. The proposed canoe racks will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. j. The proposed canoe racks will be aesthetically compatible with the area. k. The proposed canoe racks will not depreciate surrounding property values. The proposed canoe racks will meet standards prescribed for certain uses as provided in the city code. 5. The planning report #2006-26 dated June 19, 2012, prepared by Robert Generous, et al., is incorporated herein. RECOMMENDATION The Planning Commission recommends that City Council approve the conditional use permit to amend the CUP to permit the construction of canoe racks. ADOPTED by the Chanhassen Planning Commission this 19 th day of June, 2012. CHANHASSEN PLANNING COMMISSION It's Chairman 2 0 0 6(0—a(� CHANRASSEN PLANNING REGULAR MEETING JUNE 19,2012 Chairman Aller called the meeting to order at 7:35 p.m. MEMBERS PRESENT: Andrew Aller, Kathleen Thomas, Lisa Hokkanen, and Bill Colopoulos MEMBERS ABSENT: Mark Undestad, Kim Tennyson, and Kelsey Nelson STAFF PRESENT: Kate Aanenson, Community Development Director; and Bob Generous, Senior Planner Aller: We're starting the meeting a little late but let the record reflect that we have a quorum and we'll be taking some matters out of order tonight. PUBLIC HEARING: LAKESIDE BEACHLOT: REOUEST FOR AMENDMENT TO CONDITIONAL USE PERMIT 2006-26 TO PERMIT CONSTRUCTION OF CANOE RACKS ON PROPERTY ZONED PLANNED UNIT DEVELOPMENT-RESEDENTIAL (PUD -R) LOCATED ON OUTLOTS I & �J LAKESEDE. APPLICANT: LAKESIDE MASTER ASSOCIATION, PLANNING CASE 2006-26. Aller: Okay, the first item will be taken out of order. It is item number 2 and it is a request for an amendment to Lakeside Beachlot Conditional Use Permit. Generous: Thank you Mr. Chairman. Commissioners. As you stated this is an amendment to the Conditional Use Permit for a beachlot at the Lakeside development. It's Planning Case 2006-26. The public hearing is being held tonight, the 19'h and this is being turned around for council next Monday. The property in question is located on Lyman Boulevard on the north side of Lake Riley. The development immediately to the north of that is the Lakeside development and just to the northwest of that is the North Bay development in Chanhassen. The property to the east of this is in the City of Eden Prairie and that's the Bearpath golf course that you can see to the northeast. In 2006 when this project came forward they did a conditional use permit for the beachlot but they didn't include any canoe racks or non -motorized racks for the development. Now they want to come in and put those in and they're trying to expedite that process. The conditional use permit standards for beachlots allows up to 4 racks and with up to 6 canoes or other non -motorized watercraft on it. They originally came in for only specifying 2 but as part of this approval, because there are so many homes that may be in that association that we allow them to do uptothe4 overtimeas they develop so. Here's the original plan. They've just shown in this little area to the northeast of the totlot area that they want to be able to put canoe racks in. Very simple construction. It's cross beams with wood. Maximum height of about 5 feet I think so they don't have to lift them very far. Actually the construction of these will not require a building permit from the City because there's no standards involved with that. That is the extent of the proposed amendment right now. Staff is recommending approval of the amendment for the beachlot to permit canoe racks subject to the original conditions of approval for the beachlot. And here's the motion for you. With that I'd be happy to answer any questions. Aller: Who will be maintaining them? Generous: The Lakeside Homeowners Association. It's a master association I believe. It covers the entire development and then there's sub -associations in there but they're all part of this association which has the beachlot and the club house within the development. SCANNED kimom 0— 0 Chanhassen Planning Commission June 19, 2012 Aller: I have no other questions. Anyone else have any questions, comments? Thank you Bob. Would the applicant like to come up and say anything? State your name and address for the record. Gary Roethle: Hi. Gary Roethle from 8776 Lake Riley Drive, Chanhassen. Aller: Thank you Mr. Roethle. Gary Roethle: I'm President of the Highlands Homeowners Association and on the board of the master. We've gotten approval from the master board to do this. We've also been accounted for making sure we had an insurance rider, just so you're aware, to our lakeft-ont property to make sure in case there were any injuries or whatever that that coverage is there and it's the people who are paying, doing the work to build it that are going to be responsible for the maintenance and whatever, and as Bob Generous mentioned, the verbiage in the original submittal included statements of the boat racks but they never put them in the drawings so we have a group of enthusiasts currently and then another half a dozen so I'm glad you took it to 4, who wanted future access to putting kayaks or canoes up there so we'd like to do that and get it in so we can enjoy the summer on the lake. Aller: Thank you. I have no questions. Anyone? Thomas: No, no questions. Aller: It looks great, thank you very much. With that I'll open the public bearing for comment. Anyone wishing to step forward and discuss the request can do so. State your name and address for the record. Seeing no one come forward I'm going to close the public hearing. Any need for discussion? Questions? I'll take a motion. Colopoulos: I'd like to move that the Planning Commission recommends the City Council approve Conditional Use Permit application 2006-26 amendment to permit the construction of up to four non - motorized watercraft racks at the Lakeside recreational beachlot subject to the existing conditions of approval. Aller: I have a motion. Do I have a second? Thomas: Second. Aller: Having a motion and a second, any discussion? Colopoulos moved, Thomas seconded that the Planning Commission recommends the City Council approve Conditional Use Permit 2006-26 amendment to permit the construction of up to four non - motorized watercraft racks at the Lakeside recreational beachlot subject to the existing conditions of approval. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Aller: Motion carries and please note again this will be before the City Council on June 25h, which is Monday. Generous: Clarification Mr. Chairman. Was that motion to also adopt the attached Findings of Fact and Recommendation? 10 is Chanhassen Planning Comm, lon — June 19, 2012 Colopoulos: I'll make that motion to the attached Findings of Fact and Recommendation, development review application and racks schematic Section 20-266 of the Chanhassen City Code and public hearing notice. Aller: Can I have a second to that for motion for amendment. Thomas: Yeah, motion to amend. Colopoulos moved, Thomas seconded that the Planning Commission recommends the City Council approve Conditional Use Permit 2006-26 amendment to permit the construction of up to four non - motorized watercraft racks at the Lakeside recreational beachlot subject to the existing conditions of approval and adoption of the Findings of Fact and Recommendation. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Aller: Passes formally. PUBLIC HEARING: 6561 TROENDLE CIRCLE: REQUEST FOR A HARD SURFACE COVERAGE VARIIANCE TO ALLOW CONSTRUCTION OF A SCREEN PORCH ON PROPERTY ZONED RESIDENTIAL SWGLE FAMILY (RSF) LOCATED AT 6561 TROENDLE CIRCLE. APPLICANT: JAY DONOHUE, PLANNING CASE 2012-07. Generous: Thank you Chairman Aller and commissioners. As you stated this is a variance request for hard surface coverage on the property zoned single family residential. Planning Case 2012-07. ne Planning Commission is sitting as the Board of Appeals and Adjustments in reviewing this item. The property is located at 6561 Troendle Circle. This is in north central Chanhassen. Just to the east and south of this is the Carver Beach area of Chanhassen and approximately a quarter mile north is Pleasant View Road. It's currently these areas aren't connected yet to come back out to Powers to get to them. Single family homes in this neighborhood developed in the early 90's. The request is for a 6.9 percent variance to permit hard cover of 31.9% on property zoned single family residential. Our normal standard for single family homes is 25%. When this, the applicant, or not the applicant. The original homeowner came in or the original builder came in, the first approval actually allowed a house and driveway that exceeded the 25%. However at that time we did not catch the coverage because it wasn't included on the survey. Since then the City has changed it's review processes and for any improvements now we get those calculations so that we don't end up in situations like this. The existing hard cover on the site is 32.7%. What the applicant is proposing is to put his porch and deck in the rear of the house over where the existing patio is, which is hard surface and that was put in by the previous property owner. With the proposed, even with the proposed expansion the applicant is looking at reducing the hard cover on the site by 117 square feet, which is just under I % hard cover for the property. The reduction in the bard cover includes the construction of the porch so that was a pretty good. It makes the situation better from what's existing. He can keep what he has now and so we actually will improve it. And we believe that the granting of the variance is in keeping with the intent of the ordinance. We allow people to have porches on their property. It is a reasonable use and it's normally associated with a single family home. And the practical difficulty in this situation is that he bought the house and it's already over and he wanted to do a reasonable improvement and he's not permitted to. Had this been a simple non -conforming site and built before 1972 the assumption would be that it complied with ordinance and any reduction is appropriate and the staff could have signed off on that administratively. However since this was built since that 1972, our ordinances have been in place and so his only relief is to request a variance from the bard cover. Staff is recommending approval of the variance application to permit 31.9% hard cover on this property and allow him to construct his screen porch. With that, and adoption of the attached Findings of Fact and Decision. With that I'd be happy to answer any questions. Disclaimer This map is neither a legally recorded map nor a survey and is not intended to I as one This map is a compilation of records, information and data located in I&Lcounly, state and federal offices and other sources regarding the area shown, and 1pI be used for reference purposes only. The City does not warrant that the raphic Informabon 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 exacturig measurement of distance or direction or precision in the depiction of geographic features. If emors or discrepancies are found please, contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnewta Statutes §466.03, Subid. 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, indemnity, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arm out of the users access or use of data provided. CITY OF CHANHASSEN 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 wwachanhassen.nnnUs 049,182036654 $00450 06/07/2012 Mail.d From 55317 US POSTAGE NIXIE 550 OF 1 00 06/12112 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD MC: SS3170i4747 *0470-00411-07-30 NORTH BAY HOMEOWNERS ASSN INC 2681 LONG LAKE RD UTF ROSEVILLE, MN 65113-1128 SL;A'414�D Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, June 19, 2012 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. Location- City Hall -T�e-questfor Council Chambers, 7700 Market Blvd. �Poroposa Am ment to the Lakeside Beachlot Conditional I.. Use Permit 2006-26 to permit construction of canoe racks on the beachlot. Applicant: Lakeside Master Association 'OrOPertY Clutlots I & J, Lakeside Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's reqUest and to obtain input from the neighborhood about this pr()JE�Ct. During the meetil'1g, the Chair will lead the What Happens public hearing through the following steps: ' at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plarfs on the project. 13. Comments are received from the public. 4, Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ei.chanhassen.mn.us/lakeside. If you wish to talk to someone about this project, please contact Robert Generous Questions & by email at bqenerous(dci,chanhassen.mn.us or by phone at Comments: 952-227-1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Stafi will provide copies to the Commission. The staff report for this Item will be available online on the project web site listed above the Thursday prior to the —C -o Planning Commission meeting. �Revlew Procedure. • Subdivisions, Planned Unit Developments, Site, Plain Reviews Conditional and Interim Uses, Welland Alterations. Rezonings, Comprehensive Plan Amendment.- and Code Amendments require a public hearing before the Planning Commission City ordinances require all property within 500 feet of the subject site to be notified of the apiphcation in Wr,t,nd Any interested party is invited to attend the meeting • Staff prepares a ieport on me subject application that includes sit pertinent information and a recommendation These reports are available by request At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation The item w 11 be opened for the public to speak about the proposal as a part of the hearing process The Commission wilt clo�e the public hearing and discuss the item and make a recommendation to the City Council. I he City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation Rezonungs land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industral • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard Some applications due tj their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the city couricanneeting • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet With the neighborhood regarding their proposal Staff is also available to review the project with any interested derson(s). • Because the Planning Commission holds the public hearing, the City Council does not, Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the re ort, please contact the Planning Staff person named on the notification. 0 0 SCANNED Disclaimer This map is neither a legally recorded map nor a survey and is not intended to as one. This map is a compilation of records, information and data located in SilLcounty, state and federal offices and other sources regarding the area sho 40be used for reference purposes only. The City does not warrant that the raphic 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 effors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, 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 harmlew the City from any and all claims brought by User, its employees or agents, or third parties which anse out of t�%4spr�s fi� TA !..Vge of data provided. 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 virviiiii.b.chanhassen.mn.us 049J82036654 00.45 0 06/07/2012 Mailed From 55317 US POSTAGE, II X1 E 55 3 DE 1 00 06/12/.L2 RETURN TO SENDER NOT DELI-VERABLE AS ADDRESSED LJNABLE TO FORWARD ;C: '1531-701-4747 *0478-00413-07-38 111111fillilliltil 1111 1 1 1111 1 M11111111 11111111 111111111111 11 THE LIBERTY AT LAKESIDE OWNERS 6109 BLUE CIRCLE DR MINNETONKA, 11155343-9140 SCAN14ED Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, June 19, 2012 at 7:00 P.M. This hearing may not start until later in the evenin , depending on the order of the agenda. Location: Cit Hall Council Chambers, 7700 Market Blvd. Request for Amendment to the Lakeside Beachlot ConditionaT— Proposal: Use Permit 2006-26 to permit construction of canoe racks on the beachlot, Applicant: Lakeside Master Association Property Clutlots I & J, Lakeside Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you a—bout the applicant's request and to obtain input from the neighborhood about this project. During the meeting, oe Chair will lead the What Happens public hearing through the following Ste - 1. Staff will an overview of IhO at the Meeting: give p*s0sed project. ,2. The applicant will present plans o he project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci,chanhassen.mn.us/lakeside. If you wish to talk to someone about this project, please contact Robert Generous Questions & by email at bqenerous(cDci.chanhassen.mn.us or by phone at Comments: 952-227-1131. If you choose to submit written comments. it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Co mission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission City ordinances require all property within 500 feet of the subject site to be notified of the application in writing Any interested party Is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation These reports are available by request. At the Planning Commission meeting. staff will give a verbal overview of the report and a recommendation The item will be opened for the public to speak about the proposal as a part of the hearinq process The Commission will cloxe the public hearing and discuss the item and make a recommendation to the City Council The City Council may reverse, affirm or modify wholly or partly the Planning Commission s recommendation Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industria; • Minnesota State Statute 519 99 1 squires all apithcations to be processed within 60 days unless the applicant waives this standard Sortie applicatioss due to their complexity may take several months to complete. Any person wishing to follow an item through the Process should check with the Planning Department regarding its status and scheduling for the City Council meeling • A neighborhood spokespersonlrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal Staff is also available to review the project with any interested persons) • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be Included in the report to the City Council. It you man to have something to be included in the repo , please contact the Planning Staff person named on the notification. 40 0 SCANNEI) 0 ('0 - 01 k-4 0 0 Affidavit of Publication Subscribed and sworn before me on this —Il+\ , L�__uay of � A 2012 JYMME JEANNETTE BARK NOTARY PLIBLIC - MINNESOTA VyCOMMISSIONEYPIRES010/13 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space .... S31.20 per column inch Maximum rate allowed by law for the above matter ................................ $31.20 per columm inch Rate actually charged for the above matter .............................................. $12.59 per colurm inch SCANNED Southwest Newspapers CITY 0 C ssEN CARj ,R :=PN COUNTIES NOTICE OF PU13LIC HEARING State of Minnesota) PLANNING CASE NO. 2006-26 )SS. N0710E IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public County of Carver h earing on Tuesday, June 19, 2012, at 7:00 p.m. in the Council Chain- bers in Chanhassen City Hall 7700 Market Blvd. The Purpose oi this hearing is to consider Laurie A. Hartmann. being duly swom, on oath says that she is the publisher or the authorized known Chaska Herald the Chanhassen Vil- a request for an Amendment to the Lakeside agent of the publisher of the newspapers as the and Reachlot Conditional Use Permit lager and has full knowledge of the facts herein stated as follows: to allow two canoe racks located oil Outlots I & J, Lakeside. Applicant (A) These newspapers have complied with the requirements constituting qualification as a legal Lakeside Master Association newspaper, as provided by Minnesota Statute 331A-02, 331A.07, and other applicable laws, as A plan showing the location of amended. the proposal is available for public review on the City's The that is to this Affidavit identified as No Yk_� web site at www-ci-chanhassen.mmus/2006-26 Or at City Hall during (B) printed public notice attached and was published on the date or dates and in the newspaper stated in the attached Notice and said regular busi- ness hours. All interested Notice is hereby incorporated as part of this Affidavit Said notice was cut from the columns of persons are invited to attend this public the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both hearing and express their opinions inclusive, and is hereby acknowledged as being the kind and size of type used in the composition with respect to this proposal and publication of the Notice: Robert Generous, Senior Plininer Email: bgenerous@ci-chanhassen. abodefghiflibinnopqrstuvwxyz mm.� Phone 952-227 1131 (Published in the Chanhassen 0�1a!Laurie Villager on ThursdayJune 7,2012; No. 4638) A Hartmann Subscribed and sworn before me on this —Il+\ , L�__uay of � A 2012 JYMME JEANNETTE BARK NOTARY PLIBLIC - MINNESOTA VyCOMMISSIONEYPIRES010/13 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space .... S31.20 per column inch Maximum rate allowed by law for the above matter ................................ $31.20 per columm inch Rate actually charged for the above matter .............................................. $12.59 per colurm inch SCANNED 0 0 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2006-26 NOTICE IS HEREBY GWEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, June 19, 2012, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for an Amendment to the Lakeside Beachlot Conditional Use Permit to allow two canoe racks located on Outlots I & J, Lakeside. Applicant: Lakeside Master Association. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/2006-26 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Robert Generous, Senior Planner Email: bizenerous@.Ci.chanhassen.mn.us Phone: 952-227-1131 (Publish in the Chanhassen Villager on June 7, 2012) 06-.DL6 Sc"OVED # 0 CITY OF CHANHASSEN P 0 BOX 147 CHANHASSEN MN 55317 06/14/2012 3:08 PM Receipt No. 00190365 CLERK: AshleyM PAYEE: Gary Roethle Joan Roethle 8776 Lake Riley Drive Chanhassen MN 55317 - Planning Case 2006-26 0 ------------------------------------------------------- GIS List 96.00 Total Cash Check 2232 Change ----------- 96.00 0.00 96.00 ----------- 0.00 SCANNEt) City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 CM OF (952) 227-1100 To: Gary Roethle 8776 Lake Riley Drive Chanhassen, MN 55317 0 Invoice Re: Planning Case 2006-26 Lakeside CUP Amendment SALESPERSON DATE TERMS KTM 6/7/12 upon receipt QUANTITY DESCRIPTION UNIT PRICE AMOUNT 32 Property Owners List within 500' of Outlots I & J, Lakeside (32 labels) $3.00 $96.00 TOTAL DUE $96.00 NOTE: This invoice is in accordance with the Development Review Application submitted to the City by the Addressee shown above (copy attached) and must be paid g)rior to the public hearing scheduled for June 17, 2012. Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #2006-26. If you have any questions concerning this invoice, call Kim Meuwissen at (952) 227-1107. THANK YOU FOR YOUR BUSINESS! SCANNED Date: May 21, 2012 City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952) 227-1100 To: Development Plan Referral Agencies From: Planning Department I'] L By: Robert Generous, AICP, Senior Planner Subject: LAKESIDE CUP AMENDMENT —Request for an Amendment to the Lakeside Beacblot Conditional Use Pen -nit to allow two canoe racks located on Outlots I & J, Lakeside — Planning Case 06-26. Applicant: Lakeside Master Association The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on May 18,2012. The 60 -day review period ends July 17,2012. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed ftiture utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on June 19,2012 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than June 8,2012. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (CenturyLink) 10. Electric Company (Xcel Energy orMN Vall ) 11. Mediacom 12. CenterPoint Energy Minnegasco 0 LOCATION MAP 0 LAKESIDE BEACHLOT CUP AMENDMENT PLANNING CASE 2006-26 (Subject propetty highlighted in blue) 0 CITY OF CHANHASSEN P 0 BOX 147 CHANHASSEN MN 55317 05/18/2012 1:32 PM Receipt No. 00188160 CLERK: AshleyM PAYEE: Gary Rowthle 8776 Lake Riley Drive Chanhassen MN 55317 Planning case 06-26 11 ------------------------------------------------------- Conditional Use Permit 425.00 Notification Sign 200.00 Recording Escrow 50.00 Total Cash Check 2226 Change ----------- 675.00 0.00 675.00 ----------- 0.00 17J LAKESIDE CUP AMENDMENT - PLANNING CASE 06-26 $425 Conditional Use Permit $200 Notification Sign $50 Recording Escrow $675 $675 Gary F. Roethle paid Check 2226 0 0 0 PI Case No CITY OF CHANHASSEN F) 7700 Market Boulevard — P.O. Box 147 CITY OF CHANHASSEN Chanhassen, MIN 55317 — (952) 227-1100 RECEIVED DEVELOPMENT REVIEW APPLICATION MAY 18 2012 CHANHASSEN PLANNING DEPT A licant Name and Address: ?�7'lv Foeihbe 9716 J_�Ke Rdey bl- Cl,%anAarse�, Inl� 5S317 Contact: Phone: 9-s2-z4j_L(, 37 Fax: 412 - z1,13- 6( ZY Email: 04r Property Owner Name and Address: La ke s-; J� 1"axise, 4srtc�'v-o�,�. 4 Ar�'c Contact: C� It Phone: 952 -z 61- 64 3 7 Fax: I Z 7 - 4T4 Z Email: �-Fr Wi� 3 IV i�� Y4A�,, cc^, NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) t6Lt;)LS Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) (Additional mcording f"s may apply) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 (City to install and remove) X E5 f Fili F /Att C I.. �w or j ing ees omey os $5Q.CUP/SPRNACNARIWAP/Metes & Bounds �V450 Minor SUB TOTAL FEE $ An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Five (5) full-size folded copies of the plans must be submitted, including an 81/2" X 11 " reduced copy for each plan sheet along with a digital cop in TIFF -Group 4 (*.tio 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. PROJECT NAME: LOCATION: R 9�100 4'Z ke 0 LEGAL DESCRIPTION AND PID: C-1-ki ZS� -Lt' I %,(Tvt, q_Q q c,:�- TOTAL ACREAGE: ZC1 ;�'+ cz"ej WETLANDS PRESENT: YES NO PRESENTZONING: Ke.� I'de, /, %,.12 C � S,/, /? ;P 0 b - J2 REQUESTED ZONING: I I le e- Pu -,b - R PRESENT LAND USE DESIGNATION: P14.� - 4 REQUESTED LAND USE DESIGNATION: /0,0 REASON FOR REQUEST: Acl& t-4) Caocp- Rackc .',i ge-a �A /1 r,-- -- ? AJrm# f-0 7-07 - Z-C-�--, FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that 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. Signature of 46plicant Signiture 6f Fee Owner gAp1nWortrm\d"e1rrp�t review applimfionAm 1-!5;- - / Z - Date Date &4 WOO EDLA u GARDEN L L ISEASONAL RESTROO 'D A4041,0M ir W 00 , 0. GRI [a A I LZEB 00 p ic L,FIRE P-+� W-0-0-D-L.A. 0 =42"MA p 4MP.ACT BEACH - f 0 F- IL 0 6-r o t4 Slit V,'e, w, 0 POSY- : & ",, 4 " T -,,,,f4 lgp4e, mcy,�ej -�D, ar" IvIbref C�Acom-fe F�OIVOJS� &/ X Ll " 71r ec�� j P� SoMeJ *-o Pss-.�- Apto .. 4 " +p -p r ox Arfrox- jov,;� / C� ef rill o -� 'r—A, c 14 RA c r, - 1-4�" /I JP- 7'0 W A �40 07 e )�ea-ck Custom Home Bldrs, Title 10850 Old COuntY Road 15 PlYmOuth, MN 5544-1 0 0 lDor,ument No. OFMCE OF THE COUNTYRECORDER A454*7377 CARVER COuNTY, MINNESOTA Fee:$ 46.00 Cherld! 12477 Certified Recorded an 12-0`1 -2W6 at 10-'30 rAM 0 P M 454737 — - I - 1111 , 1111110 CrrY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA CONDITIONAL USE PERMIT #06-26 Ha njr Coun y Re 1. Permit. Subject to The term and conditions set forth herein, the City of Chanhassen hereby grants; a conditional use permit for the following use: a recreational beach lot with a Variance from the requirement that 80 percent of the units be within 1,000 feet of the recreational beach lot� plans prepared by Pioneer Engineering, dated May 19, 2006, revised June 7, 2006 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Outlots I and J, Lakeside. 3. Conditions. The permit is issued for a recreational beach lot for the Lakeside development, with the following conditions: a. A conditional use permit (CUP) shall be obtained from the City prior to the operation of a recreational beach lot. b. The plans shall be revised to depict the OHW of Lake Riley, which is 865.3. All structures shall be located a minimum of 75 feet from the OHW. The proposed fire pit shall be located a minimum of 75 feet from the OHW and shall be buffered from the lake by vegetation. No grading or intensive clearing of vegetation shall occur within the shore impact zone (all areas within 37.5 feet of the 0HW). c. The area of Outlot B shall be recalculated to include only the area within the ourflot above the 011W. The amount of shoreline for Outlot B shall be calculated along the OHW. The number of docks and slips permitted by the conditional use permit for the beach lot shall not exceed the number of docks and slips allowable by City Code for the actual beach lot area and frontage. d. All existing amenities and/or structures (including any docks, existing beach that is not proposed to remain and the boat launch) on Outlot B, North Bay shall be removed. A boat launch is not permitted. SCANNED 0 0 e. 'Me applicant shall work with staff on the design of and materials for proposed path from Lyman Boulevard to the dock to minimize the impacts of runoff from the path to the shoreline and Lake Riley. f. The proposed walking path along the shoreline shall be made of a pervious surface such as mulch, crushed rock or turf grass and shall not be located below the OHW. Special attention shall be paid to ensure that the path materials are not prone to erosion. The plans shall be revised to show the woodland gardens above the OHW of Lake Riley. g. An individual pem-dt shall be obtained from the DNR for any beach sand applications that do not meet the DNR standards for sand blanket applications without an individual permit. h. One beach area shall be permitted to minimize impacts to the lake and to adjacent residents. i. The applicant shall work with staff on the placement of the beach lot infrastructure to preserve as many of the existing trees in that area as possible. A survey of the area with the tree locations will be required and used to facilitate tree preservation. The applicant shall also work with staff on the location of the woodland path and woodland gardens along the path. 4. Termination of Permit. The City may revoke the permit following a public hearing R)r violation of the terms of this permit. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenceA this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: JWY24,2006 2 -(SEAL)� STATE OF M[NNESOTA ) CITY OF CHANHASSEN By. Tom Furlong, Ma" i I IL AND: �A todd Gerhardt City Manager (ss COUNTY OF CARVER ) The foregrimg instrument was acknowledged before me this2l!day of rL4o6 e- 200_�,, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY Pl.;�� KIM I MEUMSSEN tary �ut))E W DRAFTED BY: I r, Notary Pubflcr-�Mlnnasota W= ota City of Chanhassen CWM'SWM imJW31,2WO P. 0. Box 147 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 3 E CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU El Shop drawings El Copy of letter LETTER OF TRANSMITTAL 10/27/06 Sue Nelson Document 0 Attached El Under separate cover via the following items: El Prints El Plans El Samples El Specifications El Change Order El Pay Request El - COPIES DATE NO. DESCRIPTION 1 - 7/24/06 06-26 Conditional Use Permit - Outlots I & J, Lakeside (Lakeside Recreational Beachlot) F-1 FORBIDS DUE For Recording El PRINTS RETURNED AFTER LOAN TO US THESE ARE TRANSMITTED as checked below: El For approval El For your use [I As requested El For review and comment F-1 FORBIDS DUE El Approved as submitted El Resubmit [I Approved as noted El Submit El Returned for corrections El Return 0 For Recording El PRINTS RETURNED AFTER LOAN TO US copies for approval copies for distribution corrected prints REMARKS Sue - Could you please hold this document for recording until the final plat is delivered to your office. It was approved on Monday, October 23, 2006. Thanks! COPY TO: Mr. John Vogelbacher, Sienna Corporation SIGNED: uv� czz� Kim Meuwissen, �7 227-1107 SCANNEO ff enclosures are not as noted, kindly notify us at once. 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA CONDITIONAL USE PERMIT #06-26 1. Permit. Subject to die terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for the following use: a recreational beach lot with a Variance from the requirement that 80 percent of the units be within 1,000 feet of the recreational beach lot, plans prepared by Pioneer Engineering, dated May 19, 2006, revised June 7, 2006 2. Property. The permit is for property situated in the City of Chanhassen, Carver County, Minnesota, and legally described as follows: Outlots I and J, Lakeside. 3. Conditions. The permit is issued for a recreational beach lot for the Lakeside development, with the following conditions: a. A conditional use permit (CUP) shall be obtained from the City prior to the operation of a recreational beach lot. b. The plans shall be revised to depict the 0Hw of Lake Riley, which is 865.3. All structures shall be located a minimurn of 75 feet from the OHW. The proposed fire pit shall be located a minimurn of 75 feet from the OHW and shall be buffered from the lake by vegetation. No grading or intensive clearing of vegetation shall occur within the shore impact zone (all areas within 37.5 feet of the OHW). c. The area of Outlot B shall be recalculated to include only the area within the outlot above the OHW. The amount of shoreline for Outlot B shall be calculated along the 0HW. The number of docks and slips permitted by the conditional use permit for the beach lot shall not exceed the number of docks and slips allowable by City Code for the actual beach lot area and frontage. d. All existing amenities and/or structures (including any docks, existing beach that is not proposed to remain and the boat launch) on Outlot B, North Bay shall be removed. A boat launch is not permitted. e. The applicant shall work with staff on the design of and materials for proposed path from Lyman Boulevard to the dock to minimize the impacts of runoff from the path to the shoreline and Lake Riley. f 'Me proposed walking path along the shoreline shall be made of a pervious surface such as mulch, crushed rock or turf grass and shall not be located below the OHW. Special attention shall be paid to ensure that the path materials are not prone to erosion. The plans shall be revised to show the woodland gardens above the OHW of Lake Riley. g. An individual permit shall be obtained from the DNR for any beach sand applications that do not meet the DNR standards for sand blanket applications without an individual permit. h. One beach area shall be permitted to minimize impacts to the lake and to adjacent residents. The applicant shall work with staff on the placement of the beach lot infrastructure to preserve as many of the existing trees in that area as possible. A survey of the area with the tree locations will be required and used to facilitate tree preservation. The applicant shall also work with staff on the location of the woodland path and woodland gardens along the path. 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: Julv24.2 2 (SEAL) STATE OF MINNESOTA (ss COUNTY OF CARVER CITY OF CHANHASSEN BY: A Tom Furlonv- AND: Todd Gerhardt, City Manager 'Me foregoing instrument was acknowledged before me this,'��lay of 102�ejhor' 200_�,. by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. DRAFTED BY: City of Chanhassen P. 0. Box 147 7700 Market Boulevard Chanhassen, MN 55317 (952) 227-1100 NOT Y P LIC W2EN r � i n a 'MT��b J# tary m=N t y EW�J. 1 .2010 0�0�� 0�vj aLL- wra& o-bZ-L� 4 Coyy-L -f-k ='Z' CrL C"Lc'— CAMPBELL KNUTSON ProfessionalAssociadon Attorneys at Law 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 FAX: (651) 452-5550 FILING OF DOCUMENTS TO: X COUNTY RECORDER REGISTRAR OF TITLES Please complete, date, and sign thisform upon assi.gnin a document numbersfor the documents listed below and return conipleledfornz to SUE MELSON at the Chanhassen City Attorney's office at the address shown above. A se4r-addressed envelope is pro vid8d foryour convenience. CLIEENT/MATTER- CITY OF CHANHASSEN — LmmsiiDE Developer: Sienna Corporation THE FOLLOWING DOCUMFNT(S) WERE FILED: 1) Plat 2) Mortgage Holder Consent to Plat 3) Development Contract 4) Grant of Permanent Access/Trail Easement 5) Conditional Use Permit #06-26 Abstract DocumentNo. Nq5q731 WXMWW_� A q$qj3S A t4Sq 7�36 A qSq737 Torrens DocumentN2.. at 1'0.'-30 o'clock(2�D/P.M. on lkba�dee. I , 2006, with the County Recorder / Registrar of Titles of Carver County, MN. SIGNED: Thankyou! 127402