FOF signedCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Lake Lucy Ridge Homeowners Association for a Conditional Use Permit to create
a recreational beachlot — Planning Case 2017-04.
On February 21, 2017, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application of Lake Lucy Homeowners Association for a
conditional use permit for the property located at South of Lake Lucy Road, on the northwest
corner of Lake Lucy. Outlot B, Lake Lucy Ridge Addition. The Planning Commission conducted
a public hearing on the proposed conditional use which was preceded by published and mailed
notice. The Planning Commission heard testimony from all interested persons wishing to speak
and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single Family Residential District, RSF.
2. The property is guided by the Land Use Plan for Parks Open Space.
3. The legal description of the property is Outlot B, Lake Lucy Ridge Addition.
4. Section 20-232:
See. 20-232. - General issuance standards.
The planning commission shall recommend a conditional use permit and the council shall
issue such conditional use permits only if it finds that such use at the proposed location:
(1) Will not be detrimental to or endanger the public health, safety, comfort,
convenience or general welfare of the neighborhood or the city.
(2) Will be consistent with the objectives of the city's comprehensive plan and
this chapter.
(3) Will be designed, constructed, operated and maintained so to be compatible
in appearance with the existing or intended character of the general vicinity
and will not change the essential character of that area.
(4) Will not be hazardous or disturbing to existing or planned neighboring uses.
(5) Will be served adequately by essential public facilities and services, including
streets, police and fire protection, drainage structures, refuse disposal, water
and sewer systems and schools; or will be served adequately by such facilities
and services provided by the persons or agencies responsible for the
establishment of the proposed use.
(6) Will not create excessive requirements for public facilities and services and
will not be detrimental to the economic welfare of the community.
(7) Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or
the general welfare due to excessive production of traffic, noise, smoke,
fumes, glare, odors, rodents or trash.
(8) Will have vehicular approaches to the property which do not create traffic
congestion or interfere with traffic or surrounding public thoroughfares.
(9) Will not result in the destruction, loss or damage of solar access, natural,
scenic or historic features of major significance.
(10) Will be aesthetically compatible with the area.
(11) Will not depreciate surrounding property values.
(12) Will meet standards prescribed for certain uses as provided in this article.
Sec. 20-266. - Recreational beach lots.
Intent. Based upon experience, it is recognized by the city that the use of lakeshore by
multiple parties may be an intensive use of lakeshore that may present
conflicts with neighboring uses of lakeshore or the use of other lakeshore on
the same lake or the lake itself. Further, beach lots may generate complaints if
they are not maintained to the same standards as single-family Lakeshore lots.
Therefore, the city requires the following conditions for recreational beach
lots, in addition to such other conditions that may be prescribed in the permit:
(1) Recreational beach lots shall have at least 200 feet of lake frontage.
(2) Except as specifically provided herein, no structure, ice fishing house,
camper, trailer, tent, recreational vehicle, shelters (except gazebos) shall be
erected, maintained, or stored upon any recreational beach lot. For the
purpose of this section, a gazebo shall be defined as, "a freestanding roofed
structure which is open on all sides."
(3) No boat, trailer, motor vehicle, including but not limited to cars, trucks,
motorcycles, motorized mini -bikes, all -terrain vehicles or snowmobiles shall
be driven upon or parked upon any recreational beach lot.
(4) No recreational beach lot shall be used for overnight camping.
(5) Boat launches are prohibited.
(6) No recreational beach lot shall be used for purposes of overnight storage or
overnight mooring of more than three motorized or nonmotorized watercraft
per dock. If a recreational beach lot is allowed more than one dock; however,
the allowed number of boats may be clustered. Up to three sailboat moorings
shall also be allowed. Nonmotorized watercraft such as canoes, windsurfers,
sailboards and small sailboats may be stored overnight on any recreational
beach lot if they are stored on racks specifically designed for that purpose. No
more than six watercraft may be stored on a rack. The number of racks shall
not exceed the amount of storage necessary to permit one rack slip per lot
served by the beach lot; however, in no case shall there be more than four
racks per beach lot. Docking of other watercraft or seaplanes is permissible at
any time other than overnight.
(7) The maximum number of docks on a recreational beach lot is three. No dock
shall be permitted on any recreational beach lot unless the beach meets the
following conditions:
a. Shoreline of at least 200 feet per dock; and
b. Area of at least 30,000 square feet for the first dock and additional
20,000 square feet for each additional dock.
(8) No recreational beach lot dock shall exceed six feet in width, and no such
dock shall exceed the greater of 50 feet or the minimum straight-line distance
necessary to reach a water depth of four feet. The width (but not the length)
of the cross -bar of any "T" or "L" shaped dock shall be included in the
computation of length described in the preceding sentence. The cross -bar of
any such dock shall not measure in excess of 25 feet in length.
(9) No dock shall encroach upon any dock set -back zone, provided, however, that
the owner of any two abutting lakeshore sites may erect one common dock
within the dock setback zone appurtenant to the abutting lakeshore sites, if
the common dock is the only dock on the two lakeshore sites and if the dock
otherwise conforms with the provisions of this chapter.
(10) No sail boat mooring shall be permitted on any recreational beach lot unless it
has at least 200 feet of lake frontage. No more than one sailboat mooring
shall be allowed for every 200 feet of lake frontage.
(11) For purposes of this subsection, the following terms shall mean those beach
lots which are located either within (urban) or outside (rural) the Year 2000
Metropolitan Urban Service Area boundary as depicted in the comprehensive
plan.
a. Urban recreational beach lot: At least 80 percent of the dwelling units,
which have appurtenant rights of access to any recreational beach lot,
shall be located within 1,000 feet of the recreational beach lot.
b. Rural recreational beach lot: A maximum of 50 dwelling units
(including riparian lots) shall be permitted appurtenant rights of access
to the recreational beach lot. Upon extension of the Metropolitan
Urban Service boundary into the rural area, the urban recreational
beach lot standards will apply.
(12) All recreational beach lots may be used for swimming beach purposes, but
only if swimming areas are clearly delineated with marker buoys which
conform to the United States Coast Guard standards.
(13) All recreational beach lots shall have a buffer sufficient to insulate other
property owners from beach lot activities. This buffer may consist of
topography, streets, vegetation, distance (width or depth), or other features or
combinations of features which provide a buffer. To insure appropriate
buffering, the city may impose conditions to insulate beach lot activities
including, but not limited to:
a. Increased side or front yard setbacks for beach areas, docks, racks or
other allowed recreational equipment or activities;
b. Hours of use;
C. Planting and maintenance of trees and shrubs;
d. Erection of fences;
e. Standards of maintenance including mowing and trimming; painting
and upkeep of racks, docks and other equipment; disposal of trash and
debris;
f. Increased width, depth or area requirements based upon the intensity
of the use proposed or the number of dwellings having rights of
access.
(14) To the extent feasible, the city may impose such conditions even after
approval of the beach lot if the city finds it necessary.
(15) Overnight docking, mooring, and storage of watercraft, where allowed, is
restricted to watercraft owned by the owner/occupant or renter/occupant of
homes which have appurtenant right of access to the recreational beach lot.
(16) The placement of docks, buoys, diving ramps, boat racks, and other structures
shall be indicated on a site plan approved by the city council.
(17) Portable chemical toilets may be allowed as a condition of approval of a
recreational beach lot. The maintenance and use of chemical toilets on some
beach lots may be unsuitable because they cannot be adequately screened
from residential neighbors or lake users. Any use of chemical toilets on
recreation beach lots shall be subject to the following:
a. The minimum setback from the ordinary high water mark shall be 75
feet. Side and front yard setbacks shall be maximized to achieve
maximum screening from adjacent lots and the lake.
b. It may only be used Memorial Day to Labor Day and shall be removed
from the lot during the rest of the year.
C. It shall be securely anchored to the ground to prevent tipping.
d. It shall be screened from the lake and residential property with
landscaping.
e. It shall be serviced at least weekly.
f. Only models designed to minimize the potential for spilling may be
used.
g. Receipt of an annual license from the city's planning department. The
license shall be issued unless the conditions of approval of this
ordinance have been violated. All license applications shall be
accompanied by the following information:
1. Name, address, and phone number of applicants.
2. Site plan showing proposed location of chemical toilets.
3. Name, address, and phone number of chemical toilet supplier.
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4. Plan for commercially maintaining the chemical toilet,
including a copy of any agreement for maintenance, and the
name, address, and phone number of person responsible for
maintenance.
5. A written description of how the applicant intends to screen the
portable chemical toilet from all views into the property,
including views from the lake.
(18) No watercraft or boat lift shall be kept, moored, docked, or stored in the dock
setback zone.
(19) Gazebos may be permitted on recreational beach lots subject to city council
approval and the following standards:
a. Minimum setback from the ordinary high water mark shall be 75 feet.
b. No gazebo shall be closer to any lot line than the minimum required
yard setback for the zoning district in which the structure is located.
C. Maximum size of the structure shall not exceed 250 square feet.
d. Maximum height shall not exceed 20 feet.
e. Gazebos shall make use of appropriate materials, colors, and
architectural and landscape forms to create a unified, high-quality
design concept for the lot which is compatible with adjacent and
neighboring structures.
f Gazebos shall be properly maintained. Structures which are rotted,
unsafe, deteriorated or defaced shall be repainted, repaired, removed,
or replaced by the homeowners or beach lot association.
g. The following improvements are prohibited in gazebos; screening
used to completely enclose a wall, water and sewer service, fireplaces,
and electricity.
5. The planning report #2017-04 dated February 21, 2017, prepared by Sharmeen Al-Jaff, et al,
is incorporated herein.
The Planning Commission recommends that the City Council approve the
conditional use permit for a recreational beachlot subject to the conditions of the staff report.
ADOPTED by the Chanhassen Planning Commission this 21st day of February, 2017.
CHANHASSEN PLANNING COMMISSION
airman