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CAS-08_CONDITIONAL USE PERMITS 84-88 e I Y 0 LARSON & MERTZ �A _VVV ATTORNEYS AT LAW rN, 1900 FIRST BANK PLACE WEST RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 CRAIG M. MERTZ OF COUNSEL December 17, 1981 HARVEY E. SKAAR MARK C. MCCULLOUGH Bill Monk City Engineer Box 147 Chanhassen MN 55317 R;eXI Lotus Lake Estates (B-T Land Company Dear Bill: TELEPHONE (612) 333-151, Just reminder, according to my notes, you are holding a letter of credit which expires on January 4, 1982. You should be making demand on the developer for a replacement letter of credit, if necessary. CMM:ner Very truly yours,, CRAIG M. MERTZ Assistant Chanhassen City Attorney oEU" 1981 CITY OF CHANyASSL, A 11 RUSSELL H. LARSON CRAIG M. MERTZ Of COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGM Bob Waibel Land Use Coordinator Box 147 Chanhassen MN 55317 Dear Bob: LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA 55402 December 17, 1981 Re: Lotus Lakes Estates Outlot B TELEPHONE 1612) 333-1511 On October 30, 1981, I tendered the proposed new permit for the beach lot to Scott Martin. Scott tells me that he forwarded the file to you. When will this item be appearing on the City Council's consent agenda for approval? (Very truly yours, lei! , �� � ✓ ' CRAIG M. MERTZ Assistant Chanhassen City Attorney CMM:ner cc: Scott A. Martin CITY OF CHANHASSEN EEC 1161981 JEVEIOPPro, IT DEPT. C, L ���� MIDLAND NATION NK 401 Second Avenue So Minneapolis, Minnesota 55480 61 /372 7000 1 December 10, 1981 Bob Waibel City Planner City of Chanhassen 690 Coulter Drive P. O. Box 147 Chanhassen, MN 55317 Dear Mr. Waibel: E Letter of Credit No. 3019 According to instructions received from our customer, B-T Land Company, Letter of Credit No. 3019 in the amount of $30,000.00 is hereby amended as follows: 1. Extend the expiration date to January 4, 1983. 2. All other terms and conditions remain unchanged. This amendment should be attached to and become an integral part of said Letter of Credit. Sincerely, jjj�Afft- on Gloppen Commercial Banking Officer TJG:kj Amendment approved by B-T LAND COMPANY By / V. P CITY OF CHANHASSEN RECEIVED DEC 15 1981 n n ';--MMUNITY DEVELOPMENT I)' - Midland National Bank of Minneapolis gc l� RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGH LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA 55402 October 30, 1981 Scott A. Martin Community Development Director Box 147 Chanhassen MN 55317 Dear Scott: TELEPHONE (612) 333-151I Re: Lotus Lakes Estates Beach Lot On August 31, 1981, the City Council authorized certain amendments to the permit for Outlot B, Lotus Lakes Estate. Enclosed you will find my proposed re -stated conditional use permit, incorporating the changes approved by the City Council. Sections 1.02 through 1.07 are new material. Section 2.05 is new material. The sand blanket swim area and the pedestrian walkway were previously approved by the Council. Section 2.07 of the existing permit contains a mandatory completion date for the walkway and sand blanket. I have deleted Section 2.07 from the re -stated permit, inasmuch as the City Council did not require a specific deadline for the completion of the improvements to the outlot. The City Council prohibition on mooring buoys is contained in Section 2.09. Section 2.11 has been re -worded. All of Sections 3, 4, and 5 are identical to the language in the original permit, except for the new mailing address for the homeowner's association. If you find the permit to be in order, as submitted, I suggest that it be placed on the City Council's consent agenda for approval. If the Council approves the form of the re -stated permit, I will thereupon tender to the homeowner's association the re -stated permit for signature. CMM:ner enc Very truly yours, CRAIG M. MERTZ Assistant Chanhassen City Attorney CITY OF CHANHASSEN RPCEIV—PD NOV 31981 m Council Meeting August 31, 1981 Councilwoman Swenson moved to close the public hearing. Motion seconded by Councilman Horn. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. Hearing closed at 9:00 p.m. NORTH SERVICE AREA SEWER AND WATER REASSESSMENT: Councilman Geving moved to set a special Council meeting for September 8, 1981, at 7:30 p.m. and direct staff to provide whatever answers are needed to the questions asked in the correspondence received tonight. Motion seconded by Acting Mayor Neveaux. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative vote: Motion carried. NEW HORIZON HOMES: Frank Kurvers asked why the disturbed lands in Chaparral have not been seeded. The Engineer will check into this and take appropriate steps, if needed. NORTHWEST LOTUS LAKE ROAD SYSTEMS: Homeowners in the area were present to discuss connecting various roads within those areas presently being considered for development. No action was taken. FRONT YARD VARIANCE REQUEST, 7616 FRONTIER TRAIL: Mr. Coulter is requesting an eight foot front yard variance in order to construct a detached double garage. The Board of Adjustments and Appeals recommends approved. Councilwoman Swenson moved to approve the front yard setback variance request, Planning Case 81-6. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. CONDITIONAL USE PERMIT AMENDMENT REQUEST, LOTUS LAKE ESTATES BEACH LOT: The Lotus Lake Estates Homeowners Association is requesting an amendment to their conditional use permit for the following changes: 1. Five, 50 foot seasonal docks. Each dock to contain eight boat slips. 2. Two additional canoe/small sailboat racks storing six watercraft each. 3. Ten sailboat mooring buoys for sailboats. 4. One 10' x 10' swimming raft of wood construction with flotation. 5. Conversation pit - fire hole, three feet in diameter with a six foot apron of brick or masonary construction. Many residents of Lotus Lake Estates as well as residents around Lotus Lake were present. The Planning Commission held a public hearing on August 12, 1981, as recommended approval of the amendment to be modified as by the recommendation of the Lake Study Committee in memo of June 24, 1981 as follows: 1. Only one dock should be permitted (not to exceed fifty feet in length, unless necessary to reach a water depth of four feet). 2. Two additional canoe racks should be permitted allowing a maximum of four racks. 3. No sailboat mooring buoys or overnight docking of boats should be permitted (including on -land boat storage). 4. A 10' x 10' swimming raft should be permitted if it is located in water having a minimum depth of seven feet, is not more than one -hundred feet from the nearest lake shoreline, and projects a minimum of one foot but not more than five feet above the lake surface. 5. The proposed conversation pit should not be so constructed as to be of a permanent nature (i.e. using brick or masonry material). Councilman Geving moved to deny the Lotus Lake Estates Homeowner's Association application for an amendment to their present conditional use permit as applied for in their June 10, 1981, unsigned letter and referencing all illustrations and all materials relating to the ecology of Lotus Lake as presented in the Council Agenda. Motion seconded by Councilwoman Swenson. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. i Council Meeting August il, 1981 0 -14- Councilwoman Swenson moved to accept the Planning Commission recommendations of August 12, 1981, page 8, with modifications as follows: 1. One dock should be permitted (not to exceed 50 feet in length, unless necessary to reach a water depth of four feet)._ Said dock may have the configuration of 40 feet with a ten foot platform at the end. Said dock to be located in the position of the southerly most shown dock. 2. Two additional canoe/small sailboat racks should be permitted allowing a maximum of four racks. 3. No sailboat mooring buoys or over night docking of boats should be permitted (including on -land boat storage except as in #2 above). 4. A 10' x 10' swimming raft should be permitted if it is located in water having a minimum depth of seven feet, is not more than 100 feet from the nearest lake shoreline, and projects a minimum of one foot but not more than five feet above the lake surface. The corners to be reflectorized. 5. A conversation pit - fire hole, three feet in diameter with a six foot apron erected of brick or masonry material placed on the landward side of the walkway and no further north than the northerly lot line of Lot 32. Motion seconded by Councilman Geving. The following voted in favor: Councilwoman Swenson, Councilmen Geving and Horn. Acting Mayor Neveaux voted no. Motion failed. Councilwoman Swenson moved to accept the Planning Commission recommendations of August 12, 1981, page 8, with modifications as follows: 1. One dock should be permitted (not to exceed 50 feet in length, unless necessary to reach a water depth of four feet). Said dock may have the configuration of 40 feet with a ten foot platform at the end. Said dock to be located in the position of the southerly most shown dock. The overnight docking of four 16' non -motorized rowboats will be allowed. 2. Two additional canoe/small sailboat racks should be permitted allowing a maximum of four racks. 3. No sailboat mooring buoys or overnight docking of boats should be permitted (including on -land boat storage except as in #2 above). 4. A 10' x 10' swimming raft should be permitted if it is located in water having a minimum depth of seven feet, is not more than 100 feet from the nearest lake shoreline, and projects a minimum of one foot but not more than five feet above the lake surface. The corners to be reflectorized. 5. A conversation pit - fire hole, three feet in diameter with a six foot apron erected of brick or masonry material placed on the landward side of the walkway and no further north than the northerly lot line of Lot 32. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. Acting Mayor Neveaux noted that the Council considered a moratorium for the consideration of motorized boat usage on homeowners and beach lot proposals for this application and future applications but that no official decision was taken. A review of the matter will be prepared by the City Attorney and submitted to the Council by September 14 at which time consideration of scheduling a public hearing will be held. FINAL DEVELOPMENT PLAN REVIEW, PARK II, INSTANT WEB: Frank Beddor was present. The City Planner presented the Planning Report. Since the Planning Commission meeting the applicant has agreed to delete the lot line between Lots 1 and 2, Block 2 as the Planning Commission did not recommend for a direct egress from proposed Lot 2 onto County Road 17. The Planning Commission has recommended approval of the request for C-2 zoning for Lots 1, 2, 3, Block 1 and Lots 1 and 2, Block 2 and Lot 2, Block 3. However, a new public hearing will have to be held to approve this zoning as the initial hearing was held for P-3 zoning. & 0 �� l ITY OF CHANHASSEN , STATED ONDITIONAL USE PERMIT BEACH LOT -LOTUS LAKE ESTATES This restated conditional use permit and agreement, made and entered into this day of , 1981, by and between B-T Land Company (hereinafter "BT"), and Lotus Lake Estates Homeowners Association (hereinafter the "Association"), and the City of Chanhassen, a Minnesota munici- pal corporation (hereinafter referred to as the "City"); WITNESSETH: That the City, in exercise of its powers pursuant to M.S. §462.357, and other applicable state law, and §14 of the Chanhassen Zoning Ordinance, hereby grants to BT and the Association herein a restated conditional use permit to maintain and operate a private neighborhood association recreational area upon Outlot B, Lotus Lake Estates, Carver County, Minnesota (hereinafter the "Subject Property"), subject to the following terms and conditions, all of which shall be strictly complied with as being necessary for the protection of the public interest: SECTION 1. RECITALS. 1.01. Prior Platting of Lotus Lakes Estates.. BT has previously platted a tract of land in the City as Lotus Lake Estates, consisting of 44 residential lots and 3 outlots. 1.02. Outlot B. In connection with the platting of said Lotus La% Estates, BT has entered into a development contract with the City of Chanhassen, dated January 5, 1979, wherein BT agreed to organize a homeowners association for the purpose of owning and operating the Subject Property for the benefit of the owners of properties lying within said plat. Section 28 of said development contract further provides that BT shall suffer no alterations of the Subject Property except after first having obtained a permit from the City setting forth a plan for the alteration and development of the Subject Property. Said Section 28 also provides that, for purposes of said development contract, said permit would be deemed to be a conditional use permit and that the application process and procedure would be as set forth in Section 23 of the Chanhassen Zoning Ordinance, which sets forth the application procedure for actual conditional use permits. 0 1.03. Homeowners Association. BT incorporated the Association for the purpose of acquiring and maintaining certain common properties including the Subject Property for the benefit of the owners of lots in the plat of Lotus Lake Estates, and for the benefit of the owners of any lots platted in the future by a further subdivision of Outlot C, Lotus Lake Estates. 1.04. March 10, 1981 Conditional Use Permit. Upon application of BT, the Chanhassen City Council on July 21, 1980, approved the issuance of a permit for the alteration of the Subject Property. Said permit, entitled "Conditional Use Permit Beach Lot -Lotus Lake Estates", was executed by BT and the Association on March 10, 1981. 1.05. June 1, 1981 Application for Amendment of Permit. On Junes, 1981, the Association, with the knowledge and consent of BT, filed with the City an application for amendment of the March 10, 1981 Conditional Use Permit, requesting City approval of further development of the Subject Property. 1.06. CityCouncil Approval. On August 12, 1981, the City's Planning Commission held a public hearing on said June 1, 1981 application. The City Council, by its motion of August 31, 1981, approved issuance of a revised permit authorizing further development of the Subject Property. 1.07. Restated Permit. The above -described March 10, 1981 Conditional Use Permit is hereby amended and restated as set forth hereinafter and this restated permit shall super4tde and take the place of said March 10, 1981 Conditional Use Permit. SECTION 2. SPECIAL CONDITIONS. 2.01. Permit Not Transferable. This permit is personal to BT and to the Association, and is not assignable or transferable, except upon the written consent of the City. 2.02. Release of BT. The City, upon written request, shall release BT from its obligations hereunder upon receipt of documentation which demonstrates (a) the proper incorporation of the Association pursuant to Chapter 317 of Minnesota Statutes, and (b) the conveyance of title to the Subject Property in fee simple to the Association for the benefit of all owners of lots in Lotus Lake Estates. No such release shall be given until such documentation has been approved by the City Attorney as to legal sufficiency. No such release as to BT shall have the effect of releasing the Association from its obligations, covenants, and agreements hereunder. 2.03. Rights Under This Permit Not Expandable to Other Owners. This permit is issued for the benefit of the owners of the 4T lots in Lotus Lake Estates and for the benefit of the owners of any lots platted in the future by a subdivision of Outlot C, Lotus Lake Estates. BT and the Association agree that -2- 1 J the use and enjoyment of the Subject Property shall be limited to the owners of lots in Lotus Lake Estates. The use and enjoyment of the Subject Property may not extend to persons other than such owners. The term "owners" as utilized in this S2.03 shall mean and refer to any natural person who is either (a) the record owner of fee simple interest, or (b) the record owner of a contract for deed vendee's interest, or (c) the holder of any possessory leasehold interest, in the whole of any lot in Lotus Lake Estates, including authorized guests and family members of any such persons. 2.04. Description of Property Subject to This Permit. The premises subject to the within conditional use permit are described as follows: Outlot B, Lotus Lake Estates, according to the map or plat thereof on file and of record in the Office of the County Recorder, in and for Carver County, Minnesota. 2.05. Certain Site Alterations Authorized. BT and the Associat of n are-her-e-by—au-thorized to install the following improvements on the Subject Property: a, one sand blanket swim area, as shown on the alteration plan, City Council Exhibit A, dated July 21, 1980, said swim area to be marked with a minimum of three anchored "swim area" buoys that are in accordance with the Uniform Waterway Marking System; said buoys to be anchored a reasonable distance from shore; and b. a pedestrian walkway connecting Choctaw Circle with the sand blanket swim area; said walkway to consist of wood chips installed on a sand base with boardwalk steps on the steep slope area of the walkway; and C. four boat racks to be located on land with a storage capacity of either six canoes or six small sail boats per rack; and d. one dock, not to exceed the greater of fifty (50) feet in length or that number of lineal feet necessary to reach a water depth of four (4) feet; at the option of the Association, the final ten (10) feet of said dock may consist of a ten foot by ten foot (10' x 101) square platform; said dock shall be located on that portion of the shoreline of the Subject Property which lies between the northerly line and the southerly line of Lot 34, Block 1, Lotus Lake Estates, extended northwesterly; and -3- 0 0 e. one ten foot by ten foot swimming raft, to be located in water having a minimum depth of seven (7) feet, not more than one hundred (100) feet from the nearest lake shoreline; said raft shall project a minimum of one (1) foot but not more than five (5) feet above the lake surface, and the corner of said raft shall be reflectorized; and f. one conversation pit -fire hole, three (3) feet in diameter with a six foot apron constructed of brick or masonry material, to be located land- ward of the walkway and no further north than the northerly line of Lot 32, Block 1, Lotus Lake Estates, extended northwesterly. Except as provided in this permit, no portion of the Subject Property may be developed, altered, or disturbed in any way. 2.06. Trees. In carrying out the above -described alterations, the Association and BT each agree to use every effort to keep tree loss at an absolute minimum. 2.07. Reserved. 2.08. Erosion Control. BT and the Association,at their expense, shall provide temporary dams, earthwork or such other devices and practices, including seeding of graded areas, as shall be needed, in the judgment of the City Engineers, to prevent the washing, flooding, sedimentation and erosion of lands and roads within and outside the Subject Property during all phases of construction. BT and the Association shall keep all public streets free of all dirt and debris resulting from their construction upon the Subject Property. 2.09. Certain Structures Prohibited. Except for the alterations described in Section 2.05 above, no structure, pier, boat rack, mooring buoy, or swimming platform shall be constructed, erected, or maintained on the Subject Property or in the waters abutting the Subject Property. 2.10. Camping Prohibited. 2.03 hereinabove, or other person Subject Property. 2.11. Motor Vehicle shall be parked or stored ov the Subject Property, except No owner, as defined in Section shall camp overnight on the and Boat Storai rnight or on a as follows: No watercraft basis on a. not more than twenty-four canoes or small sail boats may be so stored overnight in the four boat racks described in Section 2.05 of this permit; and -4- b. not more than four non -motorized row boats, not to exceed sixteen feet in length, may be docked overnight at the dock described in Section 2.05 of this permit. Except for construction equipment necessary for the execution of BT's plan and as necessary for the maintenance of the Subject Property, no motor vehicle shall be driven upon or parked upon the Subject Property. No boat trailer shall be allowed upon the Subject Property. Nothing in the preceding three sentences shall be deemed to prohibit the launching of any watercraft from the Subject Property if accomplished without the assistance of any motor vehicle or trailer or wheeled dolly upon the Subject Property. SECTION 3. MUNICIPAL DISCLAIMERS. 3.01. No Liability to Suppliers of Labor or Material. e It is understood and agred that the City, the City Council and the agents and employees of the City shall not be personally liable or responsible in any manner to BT or the Association, their contractors, or subcontractors, materialmen, laborers, or to any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this permit and agreement or the performance and completion of the work and improvements hereunder and the BT and the Association will save the City, the City Council, and the agents and employees of the City harmless from any and all claims, damages, demands, actions or causes of action arising therefrom and the costs, disbursements, and expenses of defending the same. 3.02. Written Work Orders. BT and the Association shall do no work nor furnish materia s, whether covered or not covered by BT's plan, for which reimbursement is expected from the City unless a written order for such work or materials is received from the City. Any such work or materials which may be done or furnished by BT or the Association without such written order first being given shall be at its own risk, cost and expense, and BT and the Association hereby agree that without such written order, they will make no claim for compensation for work or materials so done or furnished. SECTION 4. MISCELLANEOUS. 4.01. Severability. In the event any provisions of this permit shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invali- date or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 4.02. Execution of Counterparts. This permit may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. -5- 4.03. Headings. Headings at the beginning of sections and paragraphs hereo are for convenience of reference, and shall not be considered a part of the text of this contract, and shall not influence its construction. 4.04. Proof of Title. Upon request, BT and the Association shall furnish the City wit evidence satisfactory to the City that they have acquired fee title to the Subject Property prior to any request by BT pursuant to Section 2.02 of this permit. 4.05. Notices. All notices, certificates and other commun ci ations hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and BT and the Association, by written notice given by one to the other, may designate any address or addresses, to which notices, certificates or other communications to them shall be sent when required as contemplated by this permit. Unless otherwise provided by the respective parties, all notices, certificates, and communications to each of them shall be addressed as follows: To the City: City of Chanhassen City Hall 690 Coulter Drive Chanhassen MN 55137 Attn: City Manager To BT: B-T Land Company 1055 East Wayzata Blvd. Wayzata MN 55391 To the Association: Lotus Lake Estates Homeowners Assoc. c/o Aaron Babcock 125 Choctaw Circle Chanhassen MN 55317 4.06. Owners to be Notified of This Permit. The Association shall urnish each owner, as that term is efined in Section 2.03 above, with a copy of this permit within thirty (30) days of the signing of this permit and shall furnish each future owner, as that term is defined in Section 2.03 above, with a copy of this permit, within thirty (30) days of any such onwer's initial occupancy of any residential structure in Lotus Lake Estates. 4.07. Term of This Permit. This permit shall expire on July 21, 2010. SECTION 5. ENFORCEMENT PROVISIONS. 5.01. Reimbursement of Costs. BT and the Association shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of the within permit and the performance thereby by BT and the Association. Such reimbursement shall be made within fourteen (14) days of the date of mailing of the City's notice of costs as provided in Section 4.05 above. The reimbursement obligation of BT and the Association under this section shall be a continuing obligation throughout the term of this permit. 5.02. Remedies Upon Default. these 1981. a. Assessments. In the event either BT or the Assoc— iaattion shall default in the performance of any of the covenants and agreements herein contained, and such default shall not have been cured within ten (10) days after receipt by BT and the Association of written notice thereof, the City, if it so elects, may cause any of the improvements described in BT's plan to be constructed and installed or may take action to cure such default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City, to be recovered as a special assessment under M.S. Chapter 429, in which case BT and the Association agree to pay the entire amount of the assessment roll pertaining to any such improvement within thirty (30) days after its adoption. BT and the Association further agree that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on the Subject Property for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineers, the notice requirements to BT and the Association shall be and hereby are waived in their entirety, and BT and the Association shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. b. Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to prevent violations of the within permit, to restrain or abate violations of the within permit, or to prevent use or occupancy of the Subject Property. IN WITNESS WHEREOF, the parties hereto have caused presents to be executed on this day of B-T LAND COMPANY LZ is And its LOTUS LAKE ESTATES HOMEOWNERS ASSOCIATION By its And 0 CITY OF CHANHASSEN By its Mayor Attest City Clerk/Manager STATE OF MINNESOTA) ) ss COUNTY OF CARVER ) On this day of , 1981, before me, a notary public, within and for said county, personally appeared and , to me personally known, who, being each by me duly sworn did say that they are respectively the and of B-T Land Company, and that said instrument was signed in b—e-h-a-1-Y of said corporation by authority of its Board of Directors, and said and acknowledged said instrument to be the ree act an ee o said corporation. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) On this day of , 1981, before me, a notary public within and for said county, personally appeared and , to me personally known, who, being each by me duly sworn did say that they are respectively the and of Lotus Lake Estates Homeowners Association, and that sai instrument was signed in behalf of said corporation by authority of its Board of Directors, and said and acknowledged said instrument to be the free act and deed of said corporation. Notary Public W-M 0 • STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) On this day of , 1981, before me, a notary public, ithin and for said county, personally appeared Thomas Hamilton and Donald W. Ashworth, to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Manager of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said municipal corporation by authority of its City Council, and said Thomas Hamilton and Donald W. Ashworth acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public 0 CITY 'OF 7610 LAREDO DRIVEeP.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 #921 LOTUS LAKE ESTATES CARVER COUNTY HERALD June 11, 1980 Public Hearing notice �-r��; 32.70 ESCROW PAID AUGUST 18, 1980 400.00 J> LARSON & MERTZ September 1980 Draft of conditional use permit on 9-2 for beach lot: 40.00 LARSON & MERTZ November 1980 )L Research and draft complaint for cross -claim and/or dec ara ory iudaement action aaairtst BT Land in Lovetang litig&ti_Qr1; tel_cons re easement vacation in. Lotus -Lake -Estates on 1_1%12_ancGe.Icons w[engineers__rp same;, draft resolution, notice and afficavit of postin re vacation of easement on 11_/TT3 and corres to Carver -_L.i%w County ,Herald; ` 213.00 [ARSON & MERTZ December 1980 Telcon on 12/29 w/BW re letter of credit to be furnish- ed; telcon on 12/31 w/BW re expiration of letter of credit and telcon w/Rick Murray re same: 19.80 LARSON & MERTZJanuary 1981 ^ LARSON & MERTZFebruary 1981 CARVER COUNTY HERALD Dec 1980 LARSON & MERTZ March 1981 LARSON & MERTZ May 1981 LARSON & MERTZ May 1981 LAPSW & rTr= June 1981 Corresp on 1/5 to BW re extension of letter of credit: 6.60 Review on 2/16 and revise conditional use permit and corresp transmitting same to B-T Land Company; telcon on 2/17 w/Rick Murray re wording of proposed conditional use permit and telcon on 2/24 w/Murray re same issue: 184.80 Public hearing notice 24.35 Corresp w/BW re signing of permit for'beach lot: 6.60 Telcon on 5/21 from JS re alteration of beach lot; telcon on 5/26 from JS re use of beach lot: 14.50 Conf on 5/29 w/atty Malkerson re method of applying for conditional use permit for docks: 14.50 BALANCE DUE CITY 156.85 Corres to JS re violation of docking rules for Lotus Lake Estates on 6/3 and telan w/BW re same, after review of file; telcon on 6/19-_from lally Cottdirn of B-T Land Co. beach lot;— telcon on 6/18 re matey be prow ed to council re use ot; telcon on 6/18 w/11A re alteration of beach • Lotus Lake Estates #921 page • lot; •review file for documents to be sent to UTA; telcon w/ Fomea%mer's Association president and Rick Murray re permits collected for beacZ lot; telcon on 6/19 fronn DWA re procedural status of application for five docks; telcon on 6/22 from BW re obtaining watershed district approval to review development plan for five docks; attend speciaLl council rieeting on 6/24 re Lotus ,Lake Estates Beach Lot; travel to Chaska on 6 25 to :.check tract __ index for anenchnazts to r_ estric�ive_covenants., purcnese_cop: e a co'n4mnce view of same; review an 6/29 of conditional us_e pezmj, oevelop lent contract and two telcons w/'Ibm-Iiamiltai and SAM re same; telcans from Sue Conrad; corres to B-T Land Co. and Homawner's Association and corres to Council; telcon on 6/29 from Mayor Haniltr -n and Ms. Scusin re enforcement development contract: 503.80 Telcon on 6/18 from Rick Murray re procedures for reactivating application for approval of second addition of Lotus Lake Estates; telcon from SAM re extent of approvals granted in 1978 for second and third additions; two telcons on 6/18 w/Rick Murray re procedural status of second addition and telcon w/SAM re same: 39.80 CARVER COUNTY HERALD July 1981 Publication 543.60 BALANCE DUE CITY 700.45 19.81 LARSCZ4 & M= July 1981 Review on 7/6 of incoming corres from BT attorney; telcon on 7/9 from Rick Murray re boat removal; review on 7/10 of C corres from BT attorney re use of beach lot; teloon on 7/14 from Aaron Babcock re status of application for amended conditional use permit; review on 7/17 of corres from Attorney Malkerson and research re discriminatory zoning; review on 7/27 of corres from BT attorney; conf on 7/29 w/Attorney Malkerson, Brad Van Nest, Rick Murray and BW re development of beach lot; cork on report on vested lake use rights on 7/30: 403.75 t` rt To expense: Secure copy of homeowner's covenants �i from County Recorder: 4.75 !ARSON & b7EM August 1981 Review of file on 8/2 and commence draft of opinion re application of beach lot ordinance to Outlot B; conf on 8/3 w/SAM; conf on 8/6 w/UR, BM and BW re Outlot B development and prep of detailed opinion re application of conditional use permit requirements to application for amendment of pernit; attend planning commission meeting on item on 8/12; teloon w/atty Malkerson re revision of beach lot development petition; conf on 8/25 w/atty Malkerson re beach lot issues; corres to council and DWP. pn 8/27 re dock usage: 226.25 LARSON & MEMZ September 1981 Attend Council meeting on 8/31 re a mdment to conditional use permit; review on 8/31 of corres from atty Malkerson and telcon on 9/15 w/atty Malkerson re draft of conditional use permit; 159.50 4 7 BALAUKE DUE CITY 11-1-81 1,514.51 jt'fN'4 R.t / STATE OF MAE DEPARTMENT DNR INFORMATION (612)296-6157 OF NATURAL RESOURCES BOX 3z CENTENNIAL OFFICE BUILDING • ST. PAUL, MINNESOTA • 55155 Septa7ber 10, 1981 Mr. Rick Murray B-T Land Company 1055 East Wayzata Boulevard Wayzata, MN 55391 FILE NO. 8a- I i''ob Dear Mr. Muria . PERMIT 79-6222, LOTUS LAKE ESTAdES, EN Relative to your July request for permit extension and the UiR's review of the current status of the project with respect to the City of Chanhassen review prooedures, it has been determined to not extend your permit at this time. When the city Is position relative to this project is finalized, be it adoption of proposed local wetland regulations or specific action on your individual project, the Depart - rent will take final action on your extension request. If you have any questions pertaining to this matter, please contact Mr. Kent Lokkesmoe of our Metro Region Office at 296-7523. Sincerely, wna F. Cooper, . Development JFQ/KL/ch cc: Steve Thorne : sty of Chanhassen : Riley -Purgatory Creek Watershed District : Kent IokkesmDe, Regional Hydrologist Karen Loechler, Regional Administrator EPO�IVE� 15198, CITY OF CHAN144S. l AN EQUAL OPPORTUNITY EMPLOYER WAYNE G. POPHAM RAYMOND A. HAIK ROGER W. SCHNOBRICH DENVER KAUFMAN DAVID S. DOTY ROBERT A. MINISH ROLFE A. WORDEN G. MARC WHITEHEAD BRUCE D. WILLIS FREDERICK S. RICHARD$ RONALD C. ELMOUIST G. ROBERT JOHNSON GARY R. MACOMBER ROBERT S. BURK ROBERT E. HAMEL . FREDERICK C. BROWN BRUCE D. MALKER50N JAMES R. STEILEN JAMES S. LOCKHART n .D,nITTEO IN C 0 1 .. ADMITTED 1N IlL..01S IN015 ONLT 0 0 POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD 43441DS CENTER M I N N E A P O L 1 5, M I N N E 5 O T A 55402 GARY E. PARISH. ALLEN W. HINDERAKER CLIFFORD M. GREENE D. WILLIAM KAUFMAN DESYL L. PETERSON MICHAEL O. FREEMAN MEDORA S. PERLMAN LARRY D. ESPEL JANIE S. MAYERON DAVID A. JONES SALLY A. JOHNSON J. MICHAEL MORGAN LEE E. SHEEHY LESLIE GILLETTE MICHAEL T. NILAN DAVID J. EDOUIST CATHERINE A. POLA5KY STEVEN G. HEIKENS JOHN R. WILCOX.. Mayor and City Council City of Chanhassen Chanhassen, MN 55317 August 28, 1 981 Re: Application of Lotus Lake Estates Hom ow - Land Company -- To be Reviewed August 31, 1981 Dear Mayor and Council Members: TELEPHONE AtID TE LE 612-335-9331 DENVER OFFICE 2660 ENERGY CENTER DENVER. COLORADO 80202 TELEPHONE AND TELECOPIER 303-825-2660 RECEIVE© AUG 31 1981 CITY OF CHANHASSEN This office represents B-T Land Company. On August 13, 1981, the Planning Commission heard the application of the Lotus Lake Estates Homeowner's Association and B-T Land Company for 5 docks, 40 boats, 10 moorings, 2 additional canoe racks and a conversation pit. Prior to that meeting, I mailed to you and the Planning Commission a letter dated August 12, 1981, which outlined the legal and factual reasons why the application should be approved. It was agreed by the applicants and the City that there would not be a legal debate in front of the Planning Commission concerning those legal and factual issues and the Planning Commission was advised by the City Attorney to make its recom- mendation based solely on what planning objectives it wished to achieve without regard to the legal ramifications thereof or application of the facts to the law since that was the responsibility of the City Council. Thereafter, the Planning Commission denied the application. However, the reasons stated for the denial were based more on their legal conclusions instead of an analysis of the facts. 0 POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. Chanhassen Mayor August 28, 1981 Page Two and City Council Mr. Walter Thompson stated that he "felt the application is going far beyond what they are allowed to do." Mr. Thompson apparently believed there were some legal standards in the City's ordinance to apply to the application. Mr. Michael Thompson stated that he felt the application had to be in conformity with the proposed ordinance. This ordinance has yet to be adopted. Ms. Watson stated the same concern. Mr. Conrad stated that his reason for denial was the prior intent of the Planning Commission and City Council and that the proposed ordinance allegedly would not allow it. I submit to the City Council that this application cannot be denied on the basis of a non-existent law. The applicants have vested riparian rights for the reasons outlined in prior correspondence. In order to limit the need for the applicants to argue legal principles at length on Monday night, I respectfully ask that you reread the letter of August 12, 1981. I enclose a copy of the letter for your convenience. The applicants will be presenting an alternative plan for your review in an attempt to address the concerns raised at the Planning Commission. The alternative plan will limit the percentage of boats over 10 horsepower to 50% and would remove the 32' dock section at the end of the 50' dock as was previously proposed. The 10 mooring buoys would be limited in use for small sailboats of the X-boat type class (approximately 14' - 16' in length). If either of these alternatives are not acceptable to the Council, then hopefully you will tell the applicants what you would approve. As always, the applicants wish to work with the r POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. Chanhassen Mayor and City Council August 28, 1981 Page Three City in order to achieve a reasonable enjoyment of their riparian and property rights. Very truly yours, Bruce D. Malkerson BDM/jf Enclosure cc: Craig Mertz City Man er City Planner Aaron Babcock, President, Lotus Lake Estates Homeowner's Association �J WAYNE G. POPHAM RAYMOND A. MAIK ROGER W. SCHNOBRICM DENVER KAUFMAN DAVID S DOTY ROBERT A. MINISH ROLFE A. WORDEN G. MARC WHITEHEAD BRUCE D. WILLIS FREDERICK S. RICHARDS RONALD C. ELMOUIST G. ROBERT JOHNSON GARY R. MACOMBER ROBERT S. BURK ROSERT E. HAMEL . FREDERICK C. BROWN BRUCE D. MALKERSON JAMES R. STEILEN JAMES B. LOCKHART • AD.rT CD rnr CO0 , .. ADKmEn rK Iu1.0's "ols oKLv POPHAM, HAIK, SCHNOBRICH, KAUFMAN 6 DOTY, LTD. 4344 1DS CENTER M I N N E A P O L I S, MINNESOTA S S 4 O 2 GARY E. PARISH. ALLEN W. MINDERAKER CLIFFORD M. GREENE D. WILLIAM KAUFMAN DESYL L. PETERSON MICHAEL O. FREEMAN MEDORA 5, PERLMAN LARRY D. ESPEL JANIE S. MAYERON DAVID A. JONES SALLY ^.JOHNSON J. MICHAEL MORGAN LEE E. SHEEHY LESLIE GILLETTE MICHAEL T. NILAN DAVID J. EDOUIST CATHERINE A. POLASKY STEVEN G. HEIKENS JOHN R. WILCOX.. Planning Commission City of Chanhassen Chanhassen, MN 55317 August 12, 1981 Re: Application of Lotus Lake Estates Homeowner's Association and B-T Land Company Dear Planning Commission Members: TELEPHONE AND TELECOPIER 612-335-9331 DENVER OFFICE 2660 ENERGY CENTER DENVER, COLORADO B0202 TELEPHONE AND TELECOPIER 303-625-2660 RECEIVED AUG 31 1981 CITY OF CHANHASSEN This office represents B-T Land Company. On August 11, 1981, we received a copy of the August 10, 1981, letter from the City Attorney to Mr. Martin, the City's Community Development Director. Although B-T Land Company (hereinafter B-T) disagrees with several of the factual and legal statements therein, for the purposes of this review we direct your attention to the following important misstatements: I. Background Information. The sequence of platting since 1974 recognizes the riparian rights value of the lot now referred to and platted as Outlot B: Plan "F" recognized 21 single family lakeshore lots platted to the ordinary high water mark, not 17 as stated in the City Attorney's letter; Plan "G" recognized the substantial value of parkland dedication in lieu of cash; the Preliminary Plat approved in 1978 recognized private ownership and use of Outlot B, prohibiting only overnight camping with the City's reserving the right to review the development plan. These rights are reflected in the development contract entered into by B-T and the City on January 5, 1979. II. The applicants have not previously waived any riparian rights in Outlot B. The City Attorney has misinterpreted the record of the 0 POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. Chanhassen Planning Commission August 12, 1981 Page Two approval of this plat and the use of Outlot B as approved by the City in 1978. The City Attorney has erroneously concluded that the July 31, 1978, letter from Len Swedlund constituted a counter offer to the City which was accepted by the City Council except for the request by Swedlund for a 50% credit on park fees. The Swedlund letter clearly states that he would dedicate Outlot B to the City as public land in exchange for reserving certain riparian rights and the reduction of the park fee by 50%. The City Council refused t^ accept the dedication of the land for public park purposes si7hject to the conditions as offered by Swedlund and instead approved the plat and Outlot B as private land for the benefit of the entire plat; the City's only limitation on the use cf Outlot B was that there would be no overnight camping, there would be granted a 4' wide walkway easement to the City, and the Homeowner's Association would review the development plans for Outlot B with the City. This approval by the City was later agreed to by Swedlund and B-T. :he minutes of the August 7, 1978, council meeting clearly show that the City did not limit the use of Outlot B except as noted above. With this in mind, it the then and present ordinances for Outlot B. III. The applicants have a proposed. is important to review what uses and development contract allows e Outlot B as is 1. Outlot B is zoned P-1 Planned Unit Development District (Resolution 78-31 as amended August 7, 1978). 2. Outlot B is designated non -dedicated common open space which is defined in Section 21.C3 of Ordinance 47 which states the open space shall be owned by the Homeowner's Association. 3. In a P-1 zoning district, common open space is not a conditional use. It is a mandatory use to be provided in a P-1 District and is a permitted use over which the City cannot exercise discretion and is "designed and intended for the use or enjoyment of the occupants of the planned unit development district. Common open space may contain such complementary structures and improvements as are necessary and POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. Chanhassen Planning Commission August 12, 1981 Page Three appropriate for the benefit and enjoyment of occupants of the planned unit development district." Section 21.01. There are no limitations in the code as to the uses and structures or, such common open space. 4. In an R-1 zoning district, a recreational lot is a conditional use over which the City can exercise some discretion (Ordinance 47, Section 7). This is not an R-1 District. 5. By zoning this property to P-1, the developer and the City wanted to allow the homeowners the opportunity to improve and make use of their riparian rights as they saw fit since that is the intent of common open space in a P-1 PUD. The City was concerned about the future use of Outlot B so it required the filing of restrictive covenants which was done. The City agreed that the homeowners association could later make use of their riparian rights subject to the restrictive covenants in which only overnight camping (see paragraph 25 of development contract) was prohibited. The development contract specifically states, that only the homeowners association shall regulate the parking of motor vehicles, docking of watercraft, and erection of structures on Outlot B. The City did not attempt to reserve to itself the right to regulate or deny any use except overnight camping. The restrictive covenants approved by the City Attorney and filed in the chain of title so provided. The language in paragraph 28 of the development contract requiring a permit from the City sets forth only the procedure for the review (which was to follow a conditional use permit type procedure) and does not grant to the City any authority to deny a use of Outlot B except for overnight camping as set forth in the restrictive covenants and the develop- ment contract. 6. Even if it were arguable that the City attempted to force upon the property owner the right of the City to review and to approve or deny other uses of Outlot B, such an attempt would be without legal authority since a City cannot change a permitted use under the zoning code to a conditional use by a contract or subsequent unilateral action by the City. The zoning POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY. LTD. Chanhassen Planning Commission August 12, 1981 Page Four code must first be amended to allow for such a down - zoning for the property. 7. Assuming for the purposes of this discussion only, that the City has some type of discretion at this point, the City cannot deny the application unless it clearly fails to meet the standards of the ordinance. There are no standards in the ordinance. Moreover, in Article V, Section 5 of the restrictive covenants approved by the City it states: The homeowners association shall in its sole discretion determine and regulate parking of motor vehicles and docking of watercraft, and erection of structures on said Outlot B. This is exactly what the PUD P-1 ordinance allows. Even if applicable, the performance standards in the conditional use permit section of the zoning ordinance can easily be met by the application. 8. Even if the City were to wrongfully attempt to apply the proposed standards set forth in the proposed ordinance, the application would meet the standards to be applied to the individual lot owner with respect to the intensity of use. The City cannot discriminate against the applicants by imposing more stringent standards than it does on every other typical 75-100 foot lakeshore lot. 9. In consideration for the preservation of these riparian rights for all of the lots in the plat, the developer granted the City at no cost a 4 foot walk- way easement, the location of which was to be determined at a future date. This dedication was not required by the ordinances of the City nor was it credited as part of the park dedication fee. 10. A review of the record shows that the City at first intended to acquire all of the riparian rights for the property, but when it proved to be too expensive the City required that the riparian rights be U POPHAM, HA1K, SCHNOBRICH, KAUFMAN & DOTY, LTD. Chanhassen Planning Commission August 12, 1981 Page Five allocated over the entire plat through a homeowners association. a) In December, 1974 the City approved a sketch plan showing 21 single family lots platted to the lakeshore. b) In September, 1976 the City proposed lakeshore and additional lands be dedicated in lieu of cash park fee. The City did not want only the 21 lot owners to have riparian rights but wanted to have all lots in the plat to have riparian rights. c) On July 10, 1978, the property was zoned P-1 and preliminary plat approved contingent upon resolving what, if any, cash park fee credit was appropriate for Outlot B. d) On July 13, 1978, the developer informed the City that it would agree to cash or land, not both. e) On July 17, 1978, the City passed a resolution requiring lakeshore dedication and demanding full cash park fee. f) On July 31, 1978, the developer proposed to dedicate lakeshore provided City grants 50% cash park fee credit and homeowners association retains limited riparian rights. In the letter, developer outlined limited retained rights of 1 dock, swimming beach, storage and use of conoes, sail- fish, 1 dock area for storage of boats in the lake, if City paid for 50% of Outlot B. g) On August 7, 1978, the City reconsidered earlier action, removing all requirements of lakeshore dedication but requiring full cash park fees. The City did not restrict (nor could it) the use of Outlot B. The City only prohibited overnight camping. h) On January 15, 1979, the development contract was executed reserving full riparian rights to developer and the lots in the plat except no overnight camping was allowed. POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. Chanhassen Planning Commission August 12, 1981 Page Six i) On February 8, 1979, the homeowners association documents were approved by the City and filed. IV. The only contract which governs Outlot B is the develop- ment contract. The City Attorney has erroneously argued that the March 10, 1981, permit for Outlot B constitutes a contract between B-T, the Homeowner's Association and the City which now would allow the City to prohibit any future change to the use of Outlot B. Such an argument is not correct for the following reasons: 1) The use of Outlot B as proposed by the Homeowner's Association is a permitted use as described previously. The City has no discretionary review over the use. The permit previously applied for was only to allow the City to see and comment upon the plans; the permit (Section 1.02) clearly states that "B-T has now presented to the City a plan for the partial development of the subject property. . It was obviously contemplated that additional uses of Outlot b would follow. 2) Assuming for the sake of agreement only, that the City had the authority to grant a conditional use permit, this grant of a permit and B-T's and the Homeowner's Association's decision not to contest its its terms, does not prevent any amendment to the permit so long as such amendment complies with specified, reasonable and valid standards, if any, in the existing ordinance. A property owner does not forever waive rights to use property for any other purpose just because a permit for the use of the property has already been issued by the City. The property owner always has a right to have an application approved, rejected or modified in conformance with applicable common law, statutory and constitutional mandates. The City Attorney is wrong in characterizing the prior permit as being a contract which has resulted in a loss of B-T's or the Homeowner's Association's right to an amended permit. The enabling statute and the ordinances do not allow such a "contract", there was no consideration and it was not the intent of the parties to force such a waiver of established 0 i POPHAM, HAIK, SCHNOBRICH, KAUFMAN S. DOTY, LTD. Chanhassen Planning Commission August 12, 1981 Page Seven property rights. In fact the permit erroneously references as its authority for limiting the use of Outlot 13, Section 7.07 of the Zoning Ordinance which applies only to the R-1 Use District; this is in a P-1 PUD Use District. Clearly, for this reason alone, the City has no authority to require a conditional use permit and the prior "conditional use permit" is invalid on its face. 3) The City has not purchased a negative easement or restrictive covenant over Outlot B. If the City wishes to do so, it can bargain in good faith for it or condemn it, paying the fair market value for the valueable riparian rights the City would be taking. V. Summary. 1. There will be no adverse precedent set by the approval of the application since the applicant has established riparian rights by ordinance, or by development contract or by common law and constitutional mandates. No other plat is so situated. The other plats are in an R-1 district over which the City has always had discretionary control and which plats were not involved in a similar contractual rezoning. 2. Although the City may regulate land uses under established legal principles, the City does not have as much latitude in regulating and terminating riparian rights. 3. Any attempt to so regulate and terminate the applicants' riparian rights in a manner different from those of individual property owners would be arbitrary, unreasonable and discriminatory. 4. Objecting neighbors have no legal standing to demand that the City deny the applicants their vested riparian rights or to discriminate against the applicants. There are no facts to prove that the approval of the application would be in any way contrary to the neighbors' riparian or other rights. In fact the applicants are willing to waive any further riparian rights if the application is approved. POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. Chanhassen Planning Commission August 12, 1981 Page Eight 5. The City should approve this application before the ordinance is adopted or else grandfather in the rights as now limited by the application before the City. 6. The prior course of action by the City coupled with a denial of this application would constitute a taking of property for which compensation would be due. 7. We belit�< that the City has a right to regulate the use of st.oreline in a reasonable, non -arbitrary and non-discriminatory manner. The City does not have the authority to deny the vested property rights of these applicants, to apply non -existing standards to them, or to discriminate against them in favor of others. The applicants are willing to limit their present and future riparian rights to the extent of this application by signing a restrictive easement or covenant to that effect. For all of the above reasons, this application should be approved. BDM/jf cc: Mayor City City City Mr. and City Council Manager Planner Attorney Aaron Babcock, Very truly yours, Bruce D. Malkerson President, Lotus Lake Estates Homeowner's Association Council Meeting August 310981 4 ford has as ounce an dot• a in I aell . of a pent is A oa re m. nut is and e ON ion, in of ron Councilwoman Swenson moved to close the public hearing. Motion seconded by Councilman 3orn. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. Hearing closed at 9:00 p.m. ':ORTH SERVICE AREA SEWER AND WATER REASSESSMENT: Councilman Geving moved to set a special Council meeting for September 8, 1981, at 7:30 p.m. and direct staff to provide ;rhatever answers are needed to the questions asked in the correspondence received tonight. Motion seconded by Acting Mayor Neveaux. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. %lotion carried. `04 HORIZON HOMES: Frank Kurvers asked why the disturbed lands in Chaparral have not 'been seeded. The Engineer will check into this and take appropriate steps, if needed. :;ORTHWEST LOTUS LAKE ROAD SYSTEMS: Homeowners in the area were present to discuss -annecting various roads within those areas presently being considered for development !:o action was taken. :RONT YARD VARIANCE REQUEST, 7616 FRONTIER TRAIL: Mr. Coulter is requesting an eight foot front yard variance in order to construct a detached double garage. The Board of Adjustments and Appeals recommends approved. Councilwoman Swenson moved to approve the front yard setback variance request, Planning Case 81-6. Motion seconded by Councilman Geving. The following voted in favor: Acting 11 avor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. `:otion carried. CONDITIONAL USE PERMIT AMENDMENT REQUEST, LOTUS LAKE ESTATES BEACH LOT: The Lotus Take Estates Homeowners Association is requesting an amendment to their conditional use permit for the following changes: 1. Five, 50 foot seasonal docks. Each dock to contain eight boat slips. _'. Two additional canoe/small sailboat racks storing six watercraft each. 3. Ten sailboat mooring buoys for sailboats. +. One 10' x 10' swimming raft of wood construction with flotation. 5. Conversation pit - fire hole, three feet in diameter with a six foot apron of brick or masonary construction. :'.anv residents of Lotus Lake Estates as well as residents around Lotus Lake were present. T:ie Planning Commission held a public hearing on August 12, 1981, as recommended approval of the amendment to be modified as by the recommendation of the Lake Study Committee in memo of June 24, 1981 as follows: 1. Only one dock should be permitted (not to exceed fifty feet in length, unless necessary to reach a water depth of four feet). 2. Two additional canoe racks should be permitted allowing a maximum of four racks. 3. No sailboat mooring buoys or overnight docking of boats should be permitted (including on -land boat storage). A 10' x 10' swimming raft should be permitted if it is located in water having a minimum depth of seven feet, is not more than one -hundred feet from the nearest lake shoreline, and projects a minimum of one foot but not more than five feet :above the lake surface. 5• The proposed conversation pit should not be so constructed as to be of a permanent nature (i.e. using brick or masonry material). Councilman Geving moved to deny the Lotus Lake Estates Homeowner's Association application for an amendment to their present conditional use permit as applied for in their June 10, 1981, unsigned letter and referencing all illustrations and all matLrials relating to the ecology of Lotus Lake as presented in the Council Agenda. `lotion seconded by Councilwoman Swenson. The following voted in favor: Acting Mayor �eveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. O Council Meeting Auge 31, 1981 0 -14- Councilwoman Swenson moved to accept the Planning Commission recommendations of August 12, 1981, page 8, with modifications as follows: 1. One dock should be permitted (not to exceed 50 feet in length, unless necessar,. to reach a water depth of four feet). Said dock may have the configuration of 40 feet with a ten foot platform at the end. Said dock to be located in the position of the southerly most shown dock. 2. Two additional canoe/small sailboat racks should be permitted allowing a maximum of four racks. 3. No sailboat mooring buoys or over night docking of boats should be permitted (including on -land boat storage except as in #2 above). 4. A 10' x 10' swimming raft should be permitted if it is located in water having a minimum depth of seven feet, is not more than 100 feet from the nearest lake shoreline, and projects a minimum of one foot but not more than five feet above the lake surface. The corners to be reflectorized. 5. A conversation pit - fire hole, three feet in diameter with a six foot apron erected of brick or masonry material placed on the landward side of the walkway and no further north than the northerly lot line of Lot 32. Motion seconded by Councilman Geving. The following voted in favor: Councilwoman Swenson, Councilmen Geving and Horn. Acting Mayor Neveaux voted no. Motion failed. Councilwoman Swenson moved to accept the Planning Commission recommendations of August 12, 1981, page 8, with modifications as follows: 1. One dock should be permitted (not to exceed 50 feet in length, unless necessary to reach a water depth of four feet). Said dock may have the configuration of 40 feet with a ten foot platform at the end. Said dock to be located in the position of the southerly most shown dock. The overnight docking of four 16' non -motorized rowboats will be allowed. 2. Two additional canoe/small sailboat racks should be permitted allowing a maximum of four racks. 3. No sailboat mooring buoys or overnight docking of boats should be permitted (including on -land boat storage except as in lit above). 4. A 10' x 10' swimming raft should be permitted if it is located in water having a minimum depth of seven feet, is not more than 100 feet from the nearest lake shoreline, and projects a minimum of one foot but not more than five feet above the lake surface. The corners to be reflectorized. 5. A conversation pit - fire hole, three feet in diameter with a six foot apron erected of brick or masonry material placed on the landward side of the walkway and no further north than the northerly lot line of Lot 32. Motion seconded by Councilman Geving. The following voted in favor: Acting Mayor Neveaux, Councilwoman Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. Acting Mayor Neveaux noted that the Council considered a moratorium for the consideration of motorized boat usage on homeowners and beach lot proposals for this application and future applications but that no official decision was taken. A review of the matter will be prepared by the City Attorney and submitted to the Council by September 14 at which time consideration of scheduling a public hearing will be held. rllVAL OLVELUPMENT PLAN REVIEW, PARR II INSTANT WEB: Frank Beddor was present. The City Planner presented the Planning Report. Since the Planning Commission 1�Y meeting the applicant has agreed to delete the lot line between Lots 1 and 2, Block 2 as the Planning Commission did not recommend for a direct egress from proposed Lot 2 onto County Road 17. The Planning Commission has recommended approval of the request for C-2 zoning for Lots 1, 2, 3, Block 1 and Lots 1 and 2, Block 2 and Lot 2, Block 3. However, a new public hearing will have to be held to approve this zoning as the initial hearing was held for P-3 zoning. I-T LAND COMPANY 1055 EAST WAYZATA BOULEVARD WAYZATA, MINNESOTA 55391 (612) 473-8511 August 21, 1981 Mr. Bob Waibel City Planner City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 RE: August 18, 1981 Letter to Mr. Aaron Babcock Dear Bob, We are in receipt of a copy of your August 18, 1981 letter to Aaron Babcock, President of the Lotus Lake Estates Homeowners Association concerning an alleged deficit in the Lotus Lake Estates escrow account. As I understand your letter, you are referring to the escrow account from B-T Land Company to the City of Chanhassen which was established in our development contract and was to provide for City expenses in platting and subdividing the property. I am somewhat confused as to why the Homeowners Association, a private citizens group, in their request for a separate plan review, should have anything at all to do with our development contract escrow account. I am further concerned about entries to our escrow account which reflect debits and credits to private home builders having nothing to do with the land subdivision and platting process. Such co -mingling of escrow funds seems highly inappropriate. In light of this, we would request a full accounting to determine exactly which items are truly costs for our develop- ment and which have been mistakenly charged to our escrow account. I trust you will be available prior to August 24, 1981 to completely review our development contract escrow account to remove all items which are not pertinent to the platting and subdividing of Lotus Lake Estates. I would also request an explanation as to why August 24, 1981 is a deadline date for resolving this escrow matter since this alleged deficit has existed since at least April 20, 1981. Please contact me at your earliest convenience so that we might solve this escrow account matter. Thank you for your cooperation in this matter. Sincerely, B-Tj CPO PANY CITY OF CHANHASSEN �',_ !RE(,,EfVED Vice President AUG 2411981 RDM/tp cc: Bruce Mal kerson CEVELOPMENT DEPT. OMMUNITY D g0-I 6 pub West Pleasant View Road Association August 18, 1981 Mr. Don Ashworth City Manager City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 Dear Don: Enclosed are the two reports by Mateffy Engineering and Instrumental Research, Inc. These were submitted to the Corps of Engineers at the public hearing. I know you receive lots of reports, but I would appreciate if you and your staff could read these over. I learned a tremendous amount on wetlands at the meeting. I am sending copies to key people on your staff that are listed below. Thanks a million. Sincerely, �% n Z2" (� Frank Beddor, Sr. FB:mmb enclosures cc: Bob Waibel Bill Monk Scott Martin Russ Larson Craig Mertz RECEIVED AUG 191981 CITY OF CHANHASSEN C ITY0'0 F CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 August 18, 1981 Mr. Aaron Babcock %Lotus Lake Estates Homeowners Assoc. 125 Choctaw Circle Chanhassen, MN 55317 Dear Aaron: I have been informed by the City Treasurer that the Lotus Lake Estate's escrow account presently has a deficit of $1,271.60. Of this amount, $66.20 is solely attributable to City involve- ment with B T Land Company on matters relative to the plat of Lotus Lake Estates. The remaining balance of $1,205.40 is thusly solely attributable to the beach lot conditional use permit review. Since it is apparent that B T Land Company is involved in the beach lot review, as well as the Homeowners Assocation, I am sending a copy of this letter to Rick Murray for his information. In order that the beach lot question can be reviewed at the August 31st, 1981 City Council meeting, it is necessary that the escrow account be replenished no later than the close of office hours on Monday, August 24th, 1981. Additional costs anticipated on the beach lot request involves the City Attorney's attendance at the City Council review and the amendment of the conditional use permit. Assistant City Attorney Craig Mertz has estimated this cost to be approximately $400.00. For administrative purposes, it would be appropriate to include this in the payment for the current escrow deficit. Should you have any questions on the above, please do not hesitate to contact me. Sincerely, Bob Waibel City Planner BW:nh CC: Don Ashworth Kay Klingelhutz Scott Martin Rick Murray Chanhanan, Minn.,— 92Z —19— CJ IN ACCOUNT WITH CITY OF CHANHASSEN Y. /t-/T79�,:„, a / 1S Gtr.. i <%7P -83 i Y (o p o <jo 53.83 3oldv Jai Is-P1y/0-<,ia76 ./3> Q1 ? .70 > o% 00 ell/ j r -X 9 Li Chanhassen,-19— IN ACCOUNT WITH CITY OF CHANHASSEN <1- z, '?� ,f!'J �60<700 `ff o & CITY*OF CHANHASSEN 7610 LAREDO DRIVEOP.O. BOX 1476CHANHASSEN, MINNESOTA 55317 (612) 474-8885 LOTUS LAKE ESTATES CARVER COUNTY HERALD Jame 11, 1980 Public Hearing notice 32.70 ESCROW PAID AUGUST 18, 1980 400.00 LARSON & MERTZ September 1980 Draft of conditional use permit on 9-2 for beach lot: 40.00 LARSON & MERTZ November 1980 Research and draft complaint for cross -claim and/or declaratory judgement action against BT Land in Lovetang litigation; telcons re easement vacation in Lotus Lake Estates on 11/12 and telcons w/engineers re same; draft resolution, notice and afficavit of posting re vacation of easement on 11/13 and corres to Carver County Herald: 213.00 LARSON & MERTZ December 1980 Telcon on 12/29 w/BW re letter of credit to be furnish- ed; telcon on 12/31 w/BW re expiration of letter of credit and telcon w/Rick Murray re same: 19.80 LARSON & MERTZJanuary 1981 Corresp on 1/5 to BW re extension of letter of credit: 6.60 LARSON & MERTZFebruary 1981 CARVER COUNTY HERALD Dec 1980 LARSON & MERTZ March 1981 LARSON & MERTZ May 1981 LARSON & MERTZ May 1981 Review on 2/16 and revise conditional use permit and corresp transmitting same to B-T Land Company; telcon on 2/17 w/Rick Murray re wording of proposed conditional use permit and telcon on 2/24 w/Murray re same issue: 184.80 Public hearing notice 24.35 Corresp w/BW re signing of permit"for'beach lot: Telcon on 5/21 from JS re alteration of beach lot; telcon on 5/26 from JS re use of beach lot: Conf on 5/29 w/atty Malkerson re method of applying for conditional use permit for docks: 6.60 14.50 14.50 BALANCE DUE CITY 156.85 LNFM4 & MET= Jame 1981 Corres to JS re violation of docking rules for Lotus �,. Lake Estates on 6/3 and telcon w/BSA7 re same, after review of file; telcon on 6/10 from Wally Coud3on re history of B-T Land Co. beach lot; telcon on 6/18 from. DFWA re materials to be provided to council re use Of beachl.ot; telcon on 6/18 w/EMA re alteration of beach A • Lotus Lake Estates #921 pag,* lot; -review file for doamnents to be sent to DNA; teloon w/ Homeowner's Association president and Rick Murray re permits collected for beach. lot; telcon on 6/19 from DWA re procedural status of application for five docks; telcon on-6/22 from BW re cbtaining watershed district approval to review development plan for five docks; attend special council meeting on 6/24 re lotus Lake Estates Beach Jot; travel to Chaska on 6/25 to xdheck tract index for amendments to restrictive covenants, purchase copies and cannence review of same; review on 6/29 of conditional use penmit, development contract and two telcons w/'Jbm Hamilton and SAM re same; telcons from Sue Conrad; corres to B-T Land Co. and Homeowner's Association and corres to Council; telcon on 6/29 from Mayor Hamilton and Ms. Sousin re enforcement development contract: 503.80 Telcon on 6/18 from Rick Murray re procedures for reactivating application for approval of second addition of Lotus Lake Estates; telcon from SAM re extent of approvals granted in 1978 for second and third additions; two teloons on 6/18 w/Rick Murray re procedural status of second addition and teloon w/SAM re same: 39.80 543.60 BALANCE DUE CITY 700.45 • C ITYOO F t- 7610 LAREDO DRIVE*P.O. BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-BB85 #921 LOTUS LAKE ESTATES CARVER COUNTY HERALD June 11, 1980 Public Hearing notice ESCROW PAID LARSON & MERTZ September 1980 &, // ACl it BT 9e- f/. O.A.fAc November 1980 177 36 RSON & MERTZ December 1980 &,// Al gT o vX SLARSON & MERTZJanuary 1981 aUiv a mtKicrebruary I 9-41 AUGUST 18, 1980 ®.6'0f. mm Draft of conditional use permit on 9-2 for beach 32.70 .10/y 40.00 Research and draft complaint for cross -claim and/or declaratory judgement action against BT Land in Lovetang litigation; telcons re easement vacation in Lotus Lake Estates on 11/12 and telcons w/engineers re same; draft resolution, notice and afficavit of posting re vacation of easement on.11/13 and corres to Carver County Herald: 213.00 Telcon on 12/29 w/BW re letter of credit to be furnish- ed; telcon on 12/31 w/BW re expiration of letter of credit and telcon w/Rick Murray re same: 19.80 Corresp on 1/5 to BW re extension of letter of credit: 6.60 Review on 2/16 and revise conditional use pe and corresp transmitting same to B-T Land Company; telcon on 2/17 w/Rick Murray rewording of proposed conditional use permit and telcon on 2/24 w/Murray re same issue: 184.80 UAKVtK UUUNIr HLKALUd Uec 1980.s— P blic hearing notice ------19 — 7f LARSON & MERTZ March 1981 I�� Corresp w/BW re signing of permit- or eac ot: LARSON & MERTZ May 1981 4,1'r 'a Telcon on 5/21 from JS re alteration of beach lot; rf/� 0 1 telcon on 5/26 from JS re use of beach lot: LARSON & MERTZ May 1981 �•I� / Conf on 5/29 w/atty Malkerson re method of applying for conditional use permit for docks: L P.99N & 'Tr= June 1981 24.35 6.60 14.50 14.50 BALANCE DUE CITY 156.85 Corres to JS re violation of docking rules for Lotus Lake Estates on 6/3 and telcon w/B.7 re same, after review of file; telcon on 6/10 from Sally Coudion re history of B-T Lan o, beach lot; telcrm on S/l8 from IVA re materials to be provided to council re use of beadilot; telcon on 6/18 w/IX9A re alteration of beach • Lotus Lake Estates #921 pago lot; -review file for documents to be sent to UM; teloon w/ Homeowner's Association president and Rick Murray re permits p collected for beach lot; telccn cn 6/19 fmm DWA re procedural Status of application for five docks; teloon on 6/22 fmn BW re k l l obtaining watershed district approval to review development plan for five docks; attend speci-d council meeting an 6/24 re Lotus Lake Estates Beach Lot; travel to Chaska on 6/25 to:deck tract index for amendments to restrictive covenants, purchase copies and camence review of same; review an 6/29 of conditional use permit, development contract and two telccns w/Zbm Hamiltau and SAM re same; telaxw from Sue Cmrad; corres to B-P Land Co. and Homcwner's Association and oorres to Council; teleon on 6/29 fran Mayor Hamilton and Ms. Sousin re Enforcement development contract: 503.80 is Telean cn 6/18 fran Rick Murray re procedures for reactivating appicaticn for approval of lsecond fran SAM re extent of granted ed in 19 8fo Lake nst.Les; telsecond m and third additions; two telas ai 6/18 w//Rick Murray re procedural status of second addition and telcon w/SAM re same: 39.80 543.60 / T. 7, 116, A /-f, 7' 3.R,7 a yo, 00 iq,Iro G. 60 / may, bo 3', pd 6.66 ! y. So yobr .S'0 /.20.,f: yo 6G. 20 • CITYROF CHANHASSEN E 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Mayor and City Council FROM: City Manager, Don Ashworth DATE: August 17, 1981 SUBJ: Conditional Use Permit, Beach Lot, Lotus Lake Estates The attached conditional use permit is the permit as approved by the City Council in July, 1980. Although it appears as though significant delays have occurred in not re -submitting this item to the City Council, it should be noted that the attorney's office was instructed not to return this document without verifying that signatures were affixed and that all permits were obtained. It took in excess of six months for the DNR to give their approval and nine months for the Corps of Engineers to similarly approve the permit. The City Attorney has verified the permit to the conditions set by the City in July, 1980, and both his office and this office recommend approval. It is important that this document be approved by the Council and signed prior to considering any type of amendment, i.e. the current proposal to allow boat dockage on the outlot. August 12, 1981 Mayor Tom Hamilton Chanhassen City Council Gentlemen: RE: Proposed marina As a resident of Chanhassen, and a property owner on Lotus Lake, I would like to comment on the possibility of a new boat marina on Lotus Lake. I know that those who do not have their own lake shore want access to the lake, and lakes should be open to the public. I spend a good deal of time in and on the lake and can see problems developing already. On the week ends there are frequently 7 to 10 "speed boats," usually pulling water skiers, active on the lake as well as small sailboats,fishing boats, canoes, etc. 4 or 5 of the fast boats operating simultaneously seem to nearly use up the available space. I am concerned, not about more people using the lake, but about additional fast boats which would prove to be a definite hazard to all others, and, ultimately, themselves. Just a doubling of the number of fast boats on the weekends would create a traffic jam, and could have fatal results. 40 more would be worse. And if the proposed park access is also completed with facilities for launching many additional boats, the situation could become intolerable. If any kind of facilities are going to be allowed, they should be for small boats only, perhaps up to 10 hp. I am against unlimited facilities for fast boats on a small lake. Sincerely, Raymond H. Russell 0 POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. 4344 IDS CENTER MINNEAPOLIS. MINNESOTA 55402 WAYNE G. POPHAM GARY E. PARISH, RAYMOND A. HAIK ALLEN W. HINDERAKER ROGER W. SCHNOBRICM CLIFFORD M. GREENE DENVER KAUFMAN O. WILLIAM KAUFMAN DAVID S. DOTY DESYL L:PETERSON ROBERT A. MINISM MICHAEL O. FREEMAN ROLFE A. WORDEN MCDORA S.PERLMAN G. MARC WHITEHEAD "LARRY D. ESPEL BRUCE D. WILLIS JANIE S. MAYERON FREDERICK S. RICHARDS DAVID A. JONES RONALD C. ELMOUIST SALLY A.JOMNSON G. ROBERT JOHNSON J. MICHAEL MORGAN GARY R. MACOMBER LEE E. SHEENY ROBERT S. BURK LESLIE GILLETTE ROBERT E. HAMEL . MICHAEL T. MILAN FREDERICK C. BROWN DAVID J. EDOUIST BRUCE D. MALKERSON CATHERINE A. POLASKY JAMES R. STEILEN STEVEN G. MEIKENS JAMES B. LOCKHART JOHN R. WILCOX.. ..o.n.Lo ,. cow•.00 owl• .. Aowmm Iw newels owv P nning Commission Qity of Chanhassen Chanhassen, MN 55317 August 12, 1981 TELEPHONE AND TELECOPIER 612-33S-9331 DENVER OFFICE 2B6O ENERGY CENTER DENVER, COLORADO 80202 TELEPHONE AND TELECOPIER 303-825-2660 CITY OF CHANHASSEN RECEIVE® m1r)121981 COMMUNITY DEVELOPMENT DEPT. Re: Application of Lotus Lake Estates Homeowner's Association and B-T Land Company Dear Planning Commission Members: This office represents B-T Land Company. On August 11, 1981, we received a copy of the August 10, 1981, letter from the City Attorney to Mr. Martin, the City's Community Development Director. Although B-T Land Company (hereinafter B-T) disagrees with several of the factual and legal statements therein, for the purposes of this review we direct your attention to the following important misstatements: I. Background Information. The sequence of platting since 1974 recognizes the riparian rights value of the lot now referred to and platted as Outlot B: Plan "F" recognized 21 single family lakeshore lots platted to the ordinary high water mark, not 17 as stated in the City Attorney's letter; Plan "G" recognized the substantial value of parkland dedication in lieu of cash; the Preliminary Plat approved in 1978 recognized private ownership and use of Outlot B, prohibiting only overnight camping with the City's reserving the right to review the development plan. These rights are reflected in the development contract entered into by B-T and the City on January 5, 1979. II. The applicants have not previously waived any riparian rights in Outlot B. The City Attorney has misinterpreted the record of the POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. Chanhassen Planning Commission August 12, 1981 Page Two approval of this plat and the use of Outlot B as approved by the City in 1978. .The City Attorney has erroneously concluded that the July 31, 1978, letter from Len Swedlund constituted a counter offer to the City which was accepted by the City Council except for the request by Swedlund for a 50% credit on park fees. The Swedlund letter clearly states that he would dedicate Outlot B to the City as public land in exchange for reserving certain riparian rights and the reduction of the park fee by 50%. The City Council refused to accept the dedication of the land for public park purposes subject to the conditions as offered by Swedlund and instead approved the plat and Outlot B as private land for the benefit of the entire plat; the City's only limitation on the use of Outlot B was that there would be no overnight camping, there would be granted a 4' wide walkway easement to the City, and the Homeowner's Association would review the development plans for Outlot B with the City. This approval by the City was later agreed to by Swedlund and B-T. The minutes of the August 7, 1978, council meeting clearly show that the City did not limit the use of Outlot B except as noted above. With this in mind, it is important to review what uses the then and present ordinances and development contract allows for Outlot B. III, The applicants have a right to use Outlot B as is proposed. 1. Outlot B is zoned P-1 Planned Unit Development District (Resolution 78-31 as amended August 7, 1978). 2. Outlot B is designated non -dedicated common open space which is defined in Section 21.C3 of Ordinance 47 which states the open space shall he owned by the Homeowner's Association. 3. In a P-1 zoning district, common open space is not a conditional use. It is a mandatory use to be provided in a P-1 District and is a permitted use over which the City cannot exercise discretion and is "designed and intended for the use or enjoyment of the occupants of the planned unit development district. Common open space may contain such complementary structures and improvements as are necessary and POPHAM, HAIK, SCHNOBRICH, KAUFMAN 6 DOTY, LTD. Chanhassen Planning Commission August 12, 1981 Page Three appropriate for the benefit and enjoyment of occupants of the planned unit development district." Section 21.01. There are no limitations in the code as to the uses and structures on such common open space. 4. In an R-1 zoning district, a recreational lot is a conditional use over which the City can exercise some discretion (Ordinance 47, Section 7). This is not an R-1 District. 5. By zoning this property to P-1, the developer and the City wanted to allow the homeowners the opportunity to improve and make use of their riparian rights as they saw fit since that is the intent of common open space in a P-1 PUD. The City was concerned about the future use of Outlot B so it required the filing of restrictive covenants which was done. The City agreed that the homeowners association could later make use of their riparian rights subject to the restrictive covenants in which only overnight camping (see paragraph 25 of development contract) was prohibited. The development contract specifically states, that only the homeowners association shall regulate the parking of motor vehicles, docking of watercraft, and erection of structures on Outlot B. The City did not attempt to reserve to itself the right to regulate or deny any use except overnight camping. The restrictive covenants approved by the City Attorney and filed in the chain of title so provided. The language in paragraph 28 of the development contract requiring a permit from the City sets forth only the procedure for the review (which was to follow a conditional use permit type procedure) and does not grant to the City any authority to deny a use of Outlot B except for overnight camping as set forth in the restrictive covenants and the develop- ment contract. 6. Even if it were arguable that the City attempted to force upon the property owner the right of the City to review and to approve or deny other uses of Outlot B, such an attempt would be without legal authority since a City cannot change a permitted use under the zoning code to a conditional use by a contract or subsequent unilateral action by the City. The zoning POPHAM, HAIK, SCHNOB RICH, KAUFMAN & DOTY, LTD. Chanhassen Planning Commission August 12, 1981 Page Four code must first be amended to allow for such a down - zoning for the property. 7. Assuming for the purposes of this discussion only, that the City has some type of discretion at this point, the City cannot deny the application unless it clearly fails to meet the standards of the ordinance. There are no standards in the ordinance. Moreover, in Article V, Section 5 of the restrictive covenants approved by the City it states: The homeowners association shall in its sole discretion determine and regulate parking of motor vehicles and docking of watercraft, and erection of structures on said Outlot B. This is exactly what the PUD P-1 ordinance allows. Even if applicable, the performance standards in the conditional use permit section of the zoning ordinance can easily be met by the application. 8. Even if the City were to wrongfully attempt to apply the proposed standards set forth in the proposed ordinance, the application would meet the standards to be applied to the individual lot owner with respect to the intensity of use. The City cannot discriminate against the applicants by imposing more stringent standards than it does on every other typical 75-100 foot lakeshore lot. 9. In consideration for the preservation of these riparian rights for all of the lots in the plat, the developer granted the City at no cost a 4 foot walk- way easement, the location of which was to be determined at a future date. This dedication was not required by the ordinances of the City nor was it credited as part of the park dedication fee. 10. A review of the record shows that the City at first intended to acquire all of the riparian rights for the property, but when it proved to be too expensive the City required that the riparian rights be POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. Chanhassen Planning Commission August 12, 1981 Page Five allocated over the entire plat through a homeowners association. a) In December, 1974 the City approved a sketch plan showing 21 single family lots platted to the lakeshore. b) In September, 1976 the City proposed lakeshore and additional lands be dedicated in lieu of cash park fee. The City did not want only the 21 lot owners to have riparian rights but wanted to have all lots in the plat to have riparian rights. c) On July 10, 1978, the property was zoned P-1 and preliminary plat approved contingent upon resolving what, if any, cash park fee credit was appropriate for Outlot B. d) On July 13, 1978, the developer informed the City that it would agree to cash or land, not both. e) On July 17, 1978, the City passed a resolution requiring lakeshore dedication and demanding full cash park fee. f) On July 31, 1978, the developer proposed to dedicate lakeshore provided City grants 508 cash park fee credit and ,homeowners association retains limited riparian rights. In the letter, developer outlined limited retained rights of 1 dock, swimming beach, storage and use of conoes, sail- fish, 1 dock area for storage of boats in the lake, if City paid for 5 08 of Outlot B. g) On August 7, 1978, the City reconsidered earlier action, removing all requirements of lakeshore dedication but requiring full cash park fees. The City did not restrict (nor could it) the use of Outlot B. The City only prohibited overnight camping. h) On January 15, 1979, the development contract was executed reserving full riparian rights to developer and the lots in the plat except no overnight camping was allowed. POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. Chanhassen Planning Commission August 12, 1981 Page Six i) On February 8, 1979, the homeowners association documents were approved by the City and filed. IV. The only contract which governs Outlot B is the develop- ment contract. The City Attorney has erroneously argued that the March 10, 1981, permit for Outlot B constitutes a contract between B-T, the Homeowner's Association and the City which now would allow the City to prohibit any future change to the use of Outlot B. Such an argument is not correct for the following reasons: 1) The use of Outlot B as proposed by the Homeowner's Association is a permitted use as described previously. The City has no discretionary review over the use. The permit previously applied for was only to allow the City to see and comment upon the plans; the permit (Section 1.02) clearly states that "B-T has now presented to the City a plan for the partial development of the subject property. . ." It was obviously contemplated that additional uses of Outlot b would follow. 2) Assuming for the sake of agreement only, that the City had the authority to grant a conditional use permit, this grant of a permit and B-T's and the Homeowner's Association's decision not to contest its its terms, does not prevent any amendment to the permit so long as such amendment complies with specified, reasonable and valid standards, if any, in the existing ordinance. A property owner does not forever waive rights to use property for any other purpose just because a permit for the use of the property has already been issued by the City. The property owner always has a right to have an application approved, rejected or modified in conformance with applicable common law, statutory and constitutional mandates. The City Attorney is wrong in characterizing the prior permit as being a contract which has resulted in a loss of B-T's or the Homeowner's Association's right to an amended permit. The enabling statute and the ordinances do not allow such a "contract", there was no consideration and it was not the intent of the parties to force such a waiver of established . • • POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. Chanhassen Planning Commission August 12, 1981 Page Seven property rights. In fact the permit erroneously references as its authority for limiting the use of Outlot 13, Section 7.07 of the Zoning Ordinance which applies only to the R-1 Use District; this is in a P-1 PUD Use District. Clearly, for this reason alone, the City has no authority to require a conditional use permit and the prior "conditional use permit" is invalid on its face. 3) The City has not purchased a negative easement or restrictive covenant over Outlot B. If the City wishes to do so, it can bargain in good faith for it or condemn it, paying the fair market value for the valueable riparian rights the City would be taking. V. Summary. 1. There will be no adverse precedent set by the approval of the application since the applicant has established riparian rights by ordinance, or by development contract or by common law and constitutional mandates. No other plat is so situated. The other plats are in an R-1 district over which the City has always had discretionary control and which plats were not involved in a similar contractual rezoning. 2. Although the City may regulate land uses under established legal print:iples, the City does not have as much latitude in regulating and terminating riparian rights. 3. Any attempt to so regulate and terminate the applicants' riparian rights in a manner different from those of individual property owners would be arbitrary, unreasonable and discriminatory. 4. Objecting neighbors have no legal standing to demand that the City deny the applicants their vested riparian rights or to discriminate against the applicants. There are no facts to prove that the approval of the application would be in any way contrary to the neighbors' riparian or other rights. In fact the applicants are willing to waive any further riparian rights if the application is approved. POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. Chanhassen Planning Commission August 12, 1981 Page Eight 5. The City should approve this application before the ordinance is adopted or else grandfather in the rights as now limited by the application before the City. 6. The prior course of action by the City coupled with a denial of this application would constitute a taking of property for which compensation would be due. 7. We believe that the City has a right to regulate the use of shoreline in a reasonable, non -arbitrary and non-discriminatory manner. The City does not have the authority to deny the vested property rights of these applicants, to apply non -existing standards to them, or to discriminate against them in favor of others. The applicants are willing to limit their present and future riparian rights to the extent of this application by signing a restrictive easement or covenant to that effect. For all of the above reasons, this application should be approved. Veryp truly yours, Bruce D. Malkerson B Dial / j f cc: Mayor and City Council City Manager City Planner City Attorney Mr. Aaron Babcock, President, Lotus Lake Estates Homeowner's Association CITY OF CHANHASSEN RECEIVE® AUG 12 t981 COMMUNITY DEVELOFMENT DEPT. Planning Commission&nutes August 12, 1981 Page 4 I* Waibel indicated that the applicants proposal should hook up with 65th Street for the reason as to not create a long cul du -sac. There is no reason for not hooking up i.e. the terrain or the soil. M. Thompson indicated that he likes the plan as proposed. Watson concurred with M. Thompson. M. Thompson stated that there will be no more development beyond this area because it is next to the school. Waibel explained that there are no assessments on this property. Conrad indicated that it bothers him to not follow the ordinance. T. Thompson made a motion, seconded by Watson to proceed to pre- liminary plat with staff assistance regarding possible optional street alignments. All voted in favor and the motion carried. Amendment s Outlot B, Lotus Lake W. Thompson called the Public Hearing to order.at 8:45 p.m. Craig Mertz, the Assistant City Attorney, advised the Planning Commission not to attend the meeting at the Fire Place Room at Instant Web, Inc. because they would be getting into a potential liability situation under the open meeting law. Mertz indicated that he will advise the City Council also. W. Thompson explained to the public that the Planning Commission is only to deal with the planning aspects of this request and not get into the legal matters at all. Mertz presented two letters to the Planning Commission to be on record that he had received. The first being a letter dated Aug. 12, 1981 from Attorney Bruce Milkerson, representing the Lotus Lake Estates Homeowners Association and the second being a letter in opposition from Raymond H. Russell. Both letters will be available at City Hall for review. Waibel stated that the land use in the area is mostly agricultural and residential. He also stated that the staff is in concurrence with the recommendations made regarding this request by the Lake Study Committee. Arron Babcock, president of the Lotus Lake Estates Home owners Association, gave some history of this request. He stated that last year the association came in for a conditional use permit for a swimming beach and 2 canoe racks. At that time they had mentioned that they would want to come back at a later date to request some docks. Planning Commission*nutes • August 12, 1981 Page 5 Arron Babcock, explained that they are requesting 5 docks,l 80' long and four other docks going northward. They are proposing 2 more canoe racks and 10 sailboat moorings. Also are proposing a conversation pit and a barbecue pit. The five docks will house 8 boats each for a total of 40 boats. The City has a easement 4' wide all along the beachlot. Mr. Babcock explained that the outlot has 1590' of lakeshore. They are proposing development of less than 800' of development. There will be 800' or more left for wildlife habitat- Babcock indicated that there are presently 77 docks around Lotus Lake, we are proposing only 5 docks. They are proposing to do no bulldozing, reclaimation, and no trees will be disturbed. We are the largest lakeshore owner on the lake. John Nicolay, asked if the 50' dock will be measured from the shore- line or from the 4' depth. Babcock stated that it would be measured from the shoreline. Each dock will have a 32' T on the end. Georgette Sosin asked what if other Outlets would have a proposal like this one. Babcock stated that if they are granted full riparian rights then there is little anyone can say about it. John Danielson asked how many boat does Babcock feel Lotus Lake can support safely? Babcock stated that he didn't know. Danielson stated that maybe that should have been one of their first steps. Jim Parsons, stated that the DNR standards are 1 boat per 20 acres. Lotus Lake has 220 acres that makes 20 boats. The lake will have to be limited to horsepower. Ron Harvey stated that the increase of docks on the lake would be 6% but the increase this proposal will create for boats is approximately 30%. Nicolay asked how many homes are presently in Lotus Lake Estates. It was answered 39 homes there are about 100 more lots. Nicolay asked Babcock how many docks they are going to come back for in the future, what's going to happen to the other 800' of shore- line when the other 100 homes go in? Also there are 90 homeowners on the lake that pay taxes to have full riparian rights. Babcock stated that as the development grows the homeowners rights to the docks get smaller. Steve Hemping stated that they pay as much taxes as the lakeshore owners, he had a list from the Assessor's Office stating how much tax everyone pays. W. Thompson explained that the Lake Study Committee has studied Lotus Lake and come up with some recommendations to the Planning Commission. (See memo dated June 24, 1981 from S. Martin) Henry Sosin indicated that Babcock stated that they are as much a lakeshore owner as anyone else. Their Outlot is governed by their Development Contract and from their homeowners association with the City and the Conditional Use Permit which they have already. Their covenants permit no development at all. Planning Commissior4knutes August 12, 1981 Page 6 Their proposed 40 more boats would increase the usage of the lake by at least 30%. Sosin stated that this would create a precident for other Outlots. Nicolay, president of the Lotus Lake Association, The actions that the Planning Commission and City Council have taken in the past has been that this piece of land be left as it is. He does not believe that this proposal is in the spirit of what has been done in the past. The public relies on the Planning Commission and City Council to be consistant. Asked that this proposal be denied. Babcock, explained that Outlot B was originally proposed as a conservation lot but didn't end up that way. Conrad asked Babcock what he proposes the Planning Commission do regarding the rest of the Outlots if they come in and ask for the same kind of request. Babcock stated that they should look at each request separately. Lloyd Miller, doesn't belong to an association, he owns 200' of lakeshore & only 3 feet is developed. He is very much opposed to this request. Lotus Lake is very shallow, with an average depth of 15', if there are only 4 boats on the lake, the lake turns to mud. He feels that 40 more boats will just make the lake die. Bill Spodoff indicated that if there are 5 docks 50' in length each with 32' T's that comes to 400 feet of dockage. This is a marina. Lotus Lake doesn't allow marinas on the lake. Walter Cordron, Chairman of the Lake Study Committee, indicated that last year when the Lotus Lake Estates Homeowners Association received their Conditional Use Permit they had asked for a swimming beach and mentioned at that time that they might want a canoe rack which was granted, at that time we also requested that no shrubbery or trees be destroyed in creating a swimming beach. The City hired a biologist at that time and he requested that no plastic be placed below the swimming beach. As the beach is today it has plastic, which was against the recommendations of the Committee, they also have had trees and shrubs removed to make room for their swimming beach which was also against the recommendations of their Committee. Sosin indicated that some of the homeowners on the lake have spent time to learn about Lotus Lake. Dr. Willer from the University of Minnesota came out to look at Lotus Lake and had a tour of the wetlands. Dr. Weller commented that the amount of boats and turbulence in the peak area by Lotus Lake Estates, will destroy the shoreline more surely than any phosphates or any other impurity coming from our lawns. He indicated that he could see the erosion beginning already. 800' is not enough to sustain the wildlife. Planning Commission*nutes August 12, 1981 Page 7 A motion was made by M. Thompson and seconded by Watson to close the Public Hearing. All voted in favor and motion was carried. M. Thompson asked what the Staff recommendations are. Waibel stated that the Staff concurs with the recommendations of the Lake Study Committee. M. Thompson asked the presidents from both Homeowners Associations if they had attempted to meet to work out a compromise. They indicated that they have not met. Conrad stated that he is sensitive to the situation that the homeowners are in. They have quite a bit of lakeshore frontage. From the history of the City Council, Planning Commission and Lake Study Committee, they have not supported this type of re- quest on Lotus Lake. They have intended to keep this area natural. Conrad doesn't want to create a precident for other outlots. Watson indicated that it is hard to keep away from the legal aspects of this item because this is a big part of the issue. Her major concern is the motorboats, not the sailboats.' W. Thompson indicated that he is going to poll.the Planning Commission on their feelings regarding the Lake Study Committee's recommendations taking each recommendation separately. 1. Only one dock should be permitted only 50' in length, unless necessary to reach a water depth of 4 feet; M. Thompson, Conrad, and Watson indicated no problem. 2. Two additional canoe racks should be permitted allowing a maximum of four racks; M. Thompson, Watson and Conrad indicated they had no objections. 3. No sailboat mooring buoys or overnight docking of boats should be permitted (including on -land boat storage); No objections from any of the Planning Commission. 4. A 10' x 10' swimming raft should be permitted if it is located in water having a minimum depth of seven feet, is not more than 100 feet from the nearest lake shoreline, and projects a minimum of one foot but not more than five feet above the lake surface; No objections from the Planning Commission. 5. And, the proposed conversation pit should not be so constructed as to be of a permanent nature (i.e. using brick or masonry material). The Planning Commission concurred with the conversation pit whether permanent or not. Conrad made a motion seconded by M. Thompson to deny the current permit application for Lotus Lake Estates on Outlot B. All voted in favor and the motion was carried. Planning Commissio*inutes August 12, 1981 Page 8 Conrad stated that his reasons for voting to deny this request is because the precident that would be set for Outlots, the intent of the Planning Commission and City Council in the past has been to keep this outlot natural. This request is outside the scope of the intent of the ordinance and the intent of the direction of the City. Watson indicated that she concurs with Conrad, the proposed ordinance is a good ordinance and we should go by it. Five docks and 40 overnight motor boats is way too many. M. Thompson stated that he is a lake shore owner on Lotus Lake he lives in a wetland area and doesn't own a dock or a boat. He believes that the proposed ordinance is a good one and they should use it a guideline. W. Thompson stated that the lakeshore area on Lotus Lake is too fragile to support the volume of traffic that will be generated by this request. Conrad made a motion to recommend approval of the Development Contract Amendment for Lotus Lake Estates as effecting Outlot B to be modified as by the recommendation of the.Lake Study Committee in Memo of June 24, 1981 as follows: 1. Only one dock should be permitted (not to exceed fifty feet in length, unless necessary to reach a water depth of 4 feet); 2. two additional canoe racks should be permitted allowing a maximum of four racks; 3. no sailboat mooring buoys or overnight docking of boats should be permitted (including on -land boat storage); 4. a 10' x 10' swimming raft should be permitted if it is located in water having a minimum depth of seven feet, is not more than one -hundred feet from the nearest lake shoreline, and projects a minimum of one foot but not more than five feet above the lake surface; 5. and, the proposed conversation pit should not be so constructed as to be of a permanent nature (i.e. using brick or masonry material). The second to the motion was made by W. Thompson. Watson, Conrad, and W. Thompson voted in favor, M. Thompson voted nay. The motion was carried. M. Thompson indicated his reason for voting nay was because why should the Planning Commission grant something that the Lotus Lake Homeowners Association hasn't asked for. 10 r� �/a �5w eof�tlhvs 15 5;�� alA(.TOFA 7i GOup,Qo!✓ 71f// rAoAr '/et 7"R GF%R+'v�Y�fsSEN C, INq 66 g .t'� CvrUq) ,c a 1d a d C�e 120, e;% Kharmer S .IV-df`0m ill f0d. rka -, �(' er 5-3 ! 1nc%ay.- rd - Clu, -. . r,�/ k H Geis ��2^ a P C7 sz ell 7zo 7�'� Gib i eL 63/ A.z� ' 0 LARsow SC MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 TELEPHONE CRAIG M. MERTZ (612) 333- 1511 OF COUNSEL August 10, 1981 HARVEY E. SKAAR MARK C. MCCULLOUGH Scott A. Martin Community Development Director City of Chanhassen Box 147 Chanhassen MN 55317 Re: Application of Lotus Lake Estates Homeowner's Association Dear Scott: The Planning Commission is considering the adoption of an ordinance which would regulate the development of new recreational beachlots within the City. Contemporaneously, the Planning Commission is considering the application of the Lotus Lake Estates Homeowner's Association (the Association) for amendment of its conditional use permit to allow for the construction of additional improvements upon its beachlot, which is legally described as Outlot B, Lotus Lake Estates. You have asked for an opinion as to whether past city council proceedings obligate the City to exempt the Association's pending development proposal from the provisions of the proposed beachlot ordinance. From our review of the proceedings we conclude, as explained below, that the City Council does have the necessary authority to subject Outlot B to the provisions of the proposed ordinance. Background Information The Lotus Lake Estates development was commenced in the summer of 1976 with the application of Ecklund and Swedlund (E&S) for PUD approval. The proceedings were completed in January of 1979 when the PUD develop- ment contract was signed. During the course of the proceedings (August of 1978) E&S assigned its interest in the pending application to B-T Land Company, Inc., (hereinafter BT). During the application process eight plat configurations were submitted to the City Council for approval. For purposes of this opinion only three plat configurations are considered relevant: Plan 'IF" (dated November 5, 1974) which showed 17 lake front homesites, CITY OF CHANHASSEN eilr,1 1 1981 COMMUNITY DEVELOPMENT DEPT. Scott A. Martin August 10, 1981 Page Two Plan "G" (dated May 14, 1976) which showed the entire lakeshore as "Park", and The Preliminary Plat (dated May 18, 1978) which showed the entire lakeshore as an outlot, which was neither identified as being publicly -owned nor privately -owned. On December 18, 1974, the Planning Commission completed its sketch plan review, recommending that E&S proceed with Plan "F". In 1975, the developer's engineers prepared a environmental assessment worksheet which was approved by the Environment Quality Council in April of that year. Thereafter the PUD application was not actively pursued until the spring of 1976. The public hearing on the PUD application was finally held on July 14, 1976. The Planning Commission acted on August 4, 1976 to recommend Plan "F" rather than Plan "G". Their action also included a recommendation that lakeshore vegetation and marshes be subjected to a "conservation easement", which would preserve the bulk of the lakeshore "in its natural state." A motion was also made to prohibit dock construction. That motion failed on a 3/3 tie vote. Two of the negative voting commissioners explained that dock construction should be regulated by ordinance, as the Ecological Committee was then in the process of formulating its proposed lake usage ordinance. In a report, dated September 17, 1976, the then City Planner, Bruce Pankonin, argued that protection of the lowland areas of this plat could be better achieved by outright public dedication, rather than by the mere establishment of a conservation area. The divergent recommendations of the Planning Commission and the planner reached the City Council on December 6, 1976, when consideration was given to both Plan "F", which had Planning Commission endorsement, and Plan "G" which had staff endorsement. On a 4/0 vote the Council awarded preliminary development plan approval to Plan "G", which included a dedication of shorelands for park purposes. No further action was taken until March of 1978, when E&S asked the City Council to "consider the possibility of Ecklund & Swedlund picking up where they left off on the development of the Lotus Lake property." That request was acceded to, and E&S appeared before the Planning Commission in May of 1978 to present a new drawing, the Preliminary Plat; previously approved Plan "G", which was not submitted to the Commission. A new public hearing was ordered for June 14, 1978. • Scott A. Martin August 10, 1981 Page Three The City Planner in his report of June 12, 1978 to the Planning Commission recommended approval of the Preliminary Plat, with no credit being given for park charges under Ordinance 14A. The latter recommendation was based upon the unsuitability of the proposed "park" for active recreational usage. At the conclusion of the public hearing on June 14, 1978, the Planning Commission recommended approval of the Preliminary Plat. The Commission was unable to make a definitive recommendation on the park charge credit issue. On July 10, 1978, the City Council approved the Preliminary Plat "contingent upon resolution of the issue presented by Outlot B whether it is to be in private ownership or public ownership and what, if any, credit the developers receive against the park charges of Ordinance 14A." The matter again came before the City Council on July 17, 1978, when the Council on a 4/0 vote decided that Outlot B should be dedicated to the public rather than be privately -owned. A motion to allow a 50% credit against the ordinance 14A charges failed on a 2/2 tie vote. Thus at the conclusion of the July 17, 1978 meeting E&S had received approval of its Preliminary Plat, contingent upon public dedication of Outlot B and payment in full of all Ordinance 14A charges. The developer protested the Council's failure to award credits against Ordinance 14A charges. In a letter addressed to Don Ashworth, dated July 31, 1978, Len Swedlund, of E&S, in effect asked the Council to reconsider its action of July 17, 1978, suggesting the following compromise: 1. Outlot B would be set aside for the benefit of a homeowner's association; 2. A swimming beach would be constructed on the southerly portion of the outlot; 3. The association would use Outlot B "for the purposes of sunbathing, picnicing, hiking, and the general enjoyment of the lakeshore property;" 4. One dock accommodating an unspecified number of motorized boats, not to exceed 16 feet in length and 20 horsepower, would be constructed; 5. The Association would use the outlot to store an unspecified number of non -motorized watercraft; 6. The developer would receive a 50% credit against all Ordinance 14A charges. C, • Scott A. Martin August 10, 1981 Page Four Mr. Swedlund's letter states that the dedication of Outlot B to the homeowner's association as open space "...would recognize the Homeowner's Association has no vested rights for any dock or any other structures into Lotus Lake and that these structures would be subject to annual licensing by the City of Chanhassen under the current and future ordinances of the City." (Emphasis supplied). It is fair to characterize Mr. Swedlund's letter as an offer to compromise the park charge dispute. On August 7, 1978, the Council voted to reconsider its July 17, 1978 action "...in light of Mr. Swedlund's letter of July 31, 1978." On a 5/0 vote the Council amended its July 17, 1978 action "...to allow for private ownership through a homeowner's association with a public trailway easement across Outlot B..." It is fair to characterize the Council's action as being a counter-offer which accepted all elements of Mr. Swedlund's July 31, 1978 offer, except the 50% park charge credit. On August 15, 1978, E&S transferred its interest in the subject property to BT. During the months of September through December of 1978 City staff conducted negotiations with BT concerning the details of a Chapter 429 project to install the public improvements and also concerning the specific language of the development contract. The necessary development contract was signed by BT on January 5, 1979. Section 30 of the contract provides that BT must pay all Ordinance 14A charges in full. Section 28 provides that Outlot B cannot be altered, except upon issuance of a permit, following the procedures set forth in Section 23 of the Zoning Ordinance. Analysis We believe that Mr. Swedlund's compromise offer of July 31, 1978 contem- plated that Outlot B would be regulated by such uniform ordinances as might be adopted by future City Councils. we believe that BT by signing the development contract accepted the City Council's counter-offer of August 7, 1978. The developer did file restrictive covenants with the County Recorder which state that the Homeowner's Association "in its sole discretion" shall regulate parking, docking, and erection of structures on Outlot B. It has been argued that by acquiesing to the recording of these covenants the City Council somehow ceded its regulatory power over Outlot B. The language in question merely sets forth the power of the Association vis a vis its individual members rather than the powers of the Association vis a vis the powers of the City. Even if it wanted to, the City Councilcould not validly cede its regulatory powers to the association. Scott A. Martin August 10, 1981 Page Five It has been argued that the Association is the victim of discrimination in that existing beachlots would be "grandfathered in" under the proposed beachlot ordinance. The phrase "grandfathered in" does not mean that existing beachlots would be exempt from all provisions of the proposed beachlot ordinance. Just the opposite is true. Existing beachlots would be subject to the provisions of the proposed ordinance; however, non -conforming usages could continue. This is a key distinction. As we understand the proposed ordinances, all new beachlot developments would be treated uniformly. It has been argued that Section 28 of the development contract comtemplates a mere pro forma review because of the lack of standards stated therein. It is true that Section 28 does not set forth specific standards for review; however, an examination of the proceedings leading up to the execution of the development contract convinces us that Mr. Swedlund, BT and the City contemplated that the necessary standards would ultimately be set forth in the ordinance. Throughout all of this one significant fact stands out which cannot be ignored and which renders moot the above argument concerning Section 28. Pursuant to the provisions of Section 28 of the development contract, BT and the Association executed a beachlot conditional use permit on March 10, 1981 which, at sections 2.05, 2.09, 2.10 and 2.11, set forth in most explicit terms the uses which are permitted and those which are prohibited. This permit in our view is a contract freely entered into by Bt and the Association at their request and after due consideration by the Planning Commission and the City Council. Very shortly after entering into the beachlot permit, the Association made application for amendment thereof to allow for extensive additional improvements on the lot. Additionally, and notwithstanding the explicit terms of the permit, some of the members, who must have had knowledge of the permit terms, set out to ignore them by erecting docks on the lot. Obviously, a concerted effort is being made to remove the outlot from the provisions of the proposed ordinance. Conclusion The usage and extent of improvement of Outlot B is governed by contract - the conditional use permit -validly and openly entered into by BT and the Association with the City. We are compelled to view this document in the light of what it is— a contract upon which each party thereto has the right to rely. There is no provision in the permit contract covering the right of any party to seek amendment thereof. Such being the case, we submit that any consideration of an amendment of the contract by the Planning Commission or the Council would be undertaking a step which neither body is legally obligated to take. From this we conclude the following: Scott A. Martin August 10, 1981 Page Six a. The City is not obligated to exempt the Association's pending development proposal from the provisions of the proposed beachlot ordinance. b. The City has the necessary authority to subject Outlot B to the provisions of the proposed ordinance. We are aware that we have approached this matter from a strict legal point of view. We are also aware that the City, in its discretion, may consider proposed amendments to the permit. This is a question of policy for the Planning Commission, and ultimately the Council, to decide. We do suggest, however, that if any amendments to the permit are to be considered, any such amendment should not conflict with the proposed beachlot ordinance. Ve rul ours RUSSELL H. LARSON Chanhassen City Attorney RHL:ner cc: Don Ashworth Planning Commission Members • C ITYb F CEANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 PLANNING REPORT TO: Planning Commission and Staff FROM: Bob Waibel, City Planner DATE: August 7, 1981 SUBJ: Development Contract Amendment Request, Lotus Lake Estates Homeowners Association PLANNING CASE: 80-1 PUD GENERAL INFORMATION Applicant Lotus Lake Estates Homeowners Association Aaron Babcok, President 125 Choctaw Circle Chanhassen, MN 55317 Requested Action Development Contract Amendment Approval for installation of docks, canoe/small craft racks; swimming raft, and conver- sation pit. Existing Zoning P-1, Planned Residential Development District Location The eastern shore of Lotus Lake between the entrance to Purgatory Creek and the wetland area of Outlot B, Lotus Lake Estates. Existing Land Use (Outlot B) - Common Private Open Sapce with a homeowners association swimming beach in the proximity of Lots 34 and 35, Block 2, Lotus Lake Estates and a municipal pedestrian easement traversing from north to south. Adjacent Land Use North: Agricultural East: Agricultural and Residential South: State Owned open space Pranning Report - Lotu�ake Outlot B • August 7, 1981 Page 2 Zoning History Reference materials distributed 8/3/81 SPECIAL INFORMATION Design Details Reference Homeowners Association Letter of June 10, 1981 ANALYSIS Since the subject request is a development contract amendment, the staff analysis will consist of a report from the City Attorney's office elabor- ating on the review options available to the Planning Commission and City Council. This report will be delivered under separate cover Monday. REPORT ATTACHMENTS 1. Staff Report from Scott Martin dated June 24, 1981 2. Letter from William Badger to Aaron Babcock dated March 5, 1981 3. Letter to Kent Lokkesmoe from Robert Obermeyer, Riley -Purgatory Creek Watershed District 4. Building Permit for Lotus Lake Homeowners's Assn. 5. Notice of Authorization from the Department of the Army 6. Letter from Robert Obermeyer to Bob Waibel dated July 24, 1981 7. Letter dated July 7, 1981 to the Planning Commission regarding Use of Outlot by Lotus Lake Homeowners Asso to be reviewed 7/20/81. 8. Lotus Lake Estates Homeowners Association Amendment to Conditional Use Permit. UPDATE - AUGUST 27, 1981 Since the City Attorney's opinion regarding the latitude which the City has in making a decision on the subject case was received after the writing of the August 7, 1981 planning report, the staff recommendation was delivered verbally at the public hearing. Said staff recommendation was concurrance with the Lake Study Commission recommendations of June 24, 1981. The Planning Commission recommendation was to deny the present application of Lotus Lake Estates Homeowners Association and recommend approval of a development contract amendment referencing said Lake Study Committee recommendation of June 24, 1981. Although not discussed as part of the public hearing, this office would recommend that, should the City Council be in agreement with the staff and Lake Study Committee recommendation, that the Council consider an additional condition that would require the proposed conversation pit to be located and designed so as to minimize potential conflicts between the conversation pit use and the proposed trail through Outlot B. ADDITIONAL ATTACHMENTS 1. Letter from Mr. Bruce Malerson dated August 12, 1981. 2. Letter from Mr. Raymond H. Russell dated August 12, 1981. t-T LAND COMPANA 1055 EAST WAYZATA BOULEVARD WAYZATA, MINNESOTA 55391 (612) 473-8511 July 31, 1981 Mr. Kent Lokkesmoe Regional Hydrologist State of Minnesota - Department of Natural Resources 1200 Warner Road St. Paul, MN 55106 1rr'�aI" �UPi N5• 1FJ REG9ON V! Wr`ffEnS RE: DNR Permit No. PA 79-6222, Lotus Lake Estates, Carver County Dear Kent: Pursuant to our resent telephone conversation, this letter will serve as our request for an extension of the above referenced water resources permit. Due to the extremely unstable economic conditions which have existed both in 1980 and the early part of 1981, we have had to delay our development plans for our Chanhassen site. We are currently arranging the financing for Fall and Spring construction and would feel an extension through July 1, 1982, would be appropriate. Please let me know if you have any questions concerning this request. Thank you for your cooperation in this matter. Sincerely, B-T L D COMPANY ick D. Murray Vice President RDM/tp T' rJ i p- f�4�1 Riley- Purgatory Creek Watershed District July 24, 1981 Mr. Bob Weibal City of Chanhassen 960 Coutler Drive Chanhassen, Minnesota 55317 Dear Mr. Weibal: 8950 COUNTY ROAD #4 EDEN PRAIRIE, MINNESOTA 55344 Regarding our discussion concerning the placement of docks on lakes within the Riley -Purgatory Creek Watershed District, the District has no specific requirements, restrictions, or requires no permits for the place- ment of a dock. However, any and all requirements of the Minnesota Depart- ment of Natural Resources must be met. If an MDNR permit is required for the construction of a dock, the Watershed District's procedure is to review and comment on the permit application. If you have any questions or comments, please call me at 920-0655. RCO/111 c: Mr. Frederick Richards CITY OF CHANHASSEN RECEIVED JUL 9, 7 1981 COMMUNITY DEVELOPMENT DEPT. <o- I o-D Affidavit of Publication Sate of Minnesota ) ) ss. County of Carver ) 18788 Official Publication—) CITY OF CHANHASSEN CARVER AND HENNEPINCH COUNTIES Stall Rolfsrud NOTICE OF PUBLIC . W HEARING FOR A CONDITIONAL USE PERMIT ,being duly swan on oath says he is and during all the time herein stated has been the publisher and printer of the newspaper known as Carver County Herald and has full AMENDMENT, LOTUS LAKE ESTATES knowledge of the facts heren stated as follows: 11) Said newspaper is tainted in the English language in newspaper format HOMEOWNERS ASSOCIATION and in column and sheet form equivalent in rented W P space to at least fits square inches. (v Said newspaper is a weekly CHANHASSEN, MINNESOTA and distributed at least once a week (s) Said news paper has its news columns devoted news of local interest NOTICE IS HEREBY GIVEN that the Planning a co io to commumty which it purports to serve and does not wholly duplicate any other publication and is not made up wholly u Commission of the City of Chanhassen, Minnesota entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which will meet at 8:45 p.m. on Wednesday the IMin day of it purports to serve, has at least Situ copies regularly delivered to paying subscribers, has an average of at least 75% of its August, 1981 at Chanhassen City Hall, 690 Coulter circulation currently paid or no more than three months in arrears and has entry as secondclass matter in its local Drive, for the purpose of holding a public hearing to consider posWfftce. (5) Said newspaper purports to serve the City of Chaska in the County of Carver and it has its known a Beachlot Conditional Use Permit Amendment on the following office of issue in the City of Chaska in said county, established and open during its regular business howl for the of news, described tract of land: gathering sale of advertisements and sale of subscriptions and maintained by the managing officer of said Outlot B, Lows lake Estates Addition newspaper, persons in its employ and subject to his direction and control during all such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical A plan is available for inspection at City Hall. All persons interested may Society. (7) Said newspaper has complied with all the foregoing conditions for at least one year preceding the day or dates appear and be heard at said time and place. of publication mentioned below. I81 Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, BY ORDER OF THEPLANNING COMMISSION 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the Bob Planner City managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. (Pub. Carver County Herald July, mil, He further states on oath that the printed Legal 18788'5 hereto attached as a part hereof was cut from the colurtuu of said newspaper, and was printed and published therein in the English language, once each week, for 1 successive weeks; that it was first an published on Wed the 29th day of �rJ��u�ly I$1 and was thereafter printed and published on every Wednesday to and including the 29th day of __ JJf I y 19 $land that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghijklmnopgrstuvwxyr ,(f Subscribed and sworn to before one this ''3� day of _ t/iZ(�rJ fg x �r 10!' 1��C''YL11NTHIA A. NOLDEN a VARY PUBLIC-MINNESOTA CARVER COUNTY my Commnwton E�pues Ow. n, HIM Notary Wbfth, Coamy, 88moaAa My Co remission EspGes 1911— CITY Of CHANHASSEN RECEIVED AN 31981 COMMUNITY DEVELOPMENT DEPT. AFFIDAVIT OF PUBLICATION OF i =- PUBLISHED IN • Filed this day of (Judge of Probate) By 19 �r 0 q'-1 po CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE OF HEARING STATE OF MINNESOTA ) ss. COUNTY OF CARVER ) Don Ashworth and says that he is and was on July 27, , being first duly sworn, on oath deposes 81 19 , the duly qualified and acting City Clerk -Administrator of the City of Chanhassen, Minnesota; that on said date he caused to be mailed a copy of the attached notice of hearing on a Lotus Lake Estates Addition, Outlot B in the City 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 mails 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 of Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this _�7111 day of lok_/ CtILGtJ �� T— Notary Public ;a�--�;, KAREN J. ENGELHARDT �, '1.1 NOTMY Pl1BLIC - MINNE801A ,am�` � CARVER COUNTY �� MY (',pmmiavon Ew�rea Oct. 11, lYl6 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING FOR A CONDITIONAL USE PERMIT AMENDMENT, LOTUS LAKE ESTATES HOMEOWNERS ASSOCIATION CHANHASSEN, MINNESOTA NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Chanhassen, Minnesota will meet at 8:45 p.m. on Wed- nesday the 12th day of August, 1981 at the Chanhassen City Hall, 690 Coulter Drive, for the purpose of holding a public hearing to consider a Beachlot Conditional Use Permit Amend- ment on the following described tract of land: Outlot B, Lotus Lake Estates Addition A plan is available for inspection at City Hall. All persons interested may appear and be heard at said time and place. BY ORDER OF THE PLANNING COMMISSION Bob Waibel, City Planner (Published in the Carver County Herald, July 29, 1981) Mr &-Mrs Patrick McMahon Robert Ertle (;1,Q��4aw Circle • 90 Choctaw Circle . Chanhassen, MN 55317 Chanhassen, MN 55317 Mr & Mrs Stephen Buchanan Bruce Norby 141 Choctaw Circle 100 Choctaw Circle Chanhassen, MN 55317 Chanhassen, MN 55317 Howard Givens 135 Choctaw Circle Chanhassen, MN 55317 Mr & Mrs Harlan Swanson 131 Choctaw Circle Chanhassen, MN 55317 Aaron & P. Babcock 135 Choctaw Circle Chanhassen, MN 55317 James & S. Lacey 121 Choctaw Circle Chanhassen, MN 55317 Steven E. Hemping 115 Choctaw Circle 2hanhassen, MLN 55317 Donald A. Johnson 111 Choctaw Circle Chanhassen, Mn 55317 Craig & Dolly Opel 105 Choctaw Circle Chanhassen, MN 55317 Gary A. Welch 101 Choctaw Circle Chanhassen, MN 55317 Salvatore J. Bammarito 91 Choctaw Circle Chanhassen, MN 55317 Mark Miller 150 Choctaw Circle Chanhassen, MN 55317 Ralph E. Craner 140 Choctaw Circle Chanhassen, MN 55317 David and Sylvia Esones 130 Choctaw Circle Chanhassen, MN 55317 Frank and Florenc Windsor 120 Choctaw Circle Chanhassen, MN 55317 Bloomberg Companies Inc. Chanhassen, MN 55317 Near Mountain Properties 5000 Wayzata Blvd. Minneapolis, MN 55416 WAYNE G. POPHAM RAYMOND A. HAIK ROGER W. SCHNOBRICH DENVER KAUFMAN DAVID S. DOTY ROBERT A. MINISH ROLFE A. WORDEN G. MARC WHITEHEAD BRUCE D. WILLIS FREDERICK S. RICHARDS RONALD C. ELMOUIST G. ROSERTJOHNSON GARY R. MACOMBER ROBERT S. BURK ROBERT E. HAMEL . FREDERICK C. BROWN BRUCE D. MALKERSON JAMES R. STEILEN JAMES B.LOCKHART IN nlINms oN LI. POPHAM, HAM SCHNOBRICH, KAUFMAN 6 DOTY, LTD. 4344 IDS CENTER MINNEAPOLI5, MINNESOTA 55402 GARY E. PARISH . ALLEN W. HINDERAKER CLIFFORD M. GREENE D. WILLIAM KAUFMAN DESYL L. PETERSON MICHAEL O- FREEMAN MEOORA S. PERLMAN LARRY 0. ESP" JANIE S. MAYERON DAVID A. JONES SALLY A. JOHNSON J. MICHAEL MORGAN LEE E. SHEEHY LESLIE GILLETTE MICHAEL T. NILAN DAVID J EDOUIST CATHERINE A. POLASKY STEVEN G. HEIKENS JOHN R WILCOX.. Planning Commission City of Chanhassen Chanhassen, MN 55317 July 20, 1981 TELEPHONE AND TELECOPIER 612-335-933I DENVER OFFICE 2660 ENERGY CENTER DENVER. COLORADO 60202 TELEPHONE AND TELECOPIER 303-625-2660 CITY OF CHANHASSEN RECEIVED mi- 21 1981 Re: Use of Outlot by Lotus Lake EstateQOMMUNITY DEVELOPMENT DEPT. Homeowners Association and Proposed Ordinance Dear Planning Commission: This office represents B-T Land Company which is developing the Lotus Lake Estates plat and is the owner of Outlots A, B and C, several lots in Phase I of the plat, owns the property in Phases II and III of the plat, and is a member of the Lotus Lake Estates Homeowners Association. Previously the Lotus Lake Estates Homeowners Association, filed an application for review with the City of Chanhassen, which application showed how it intended to develop and use Outlot B which is part of the Lotus Lake Estates plat. The Association complied with all the requirements of the City and the City staff informed the Homeowners Association that the application could be reviewed at the June 24, 1981, Planning Commission meeting. The City staff later stated that and the review of that application would be held on July 22, 1981. After the application was made, it is my understanding that several property owners around the lake objected to the fact that some individuals were storing boats on outlot B. The City Attorney sent a letter to the Lotus Lake Estates Homeowners Association and B-T Land Company directing the removal of the boats from outlot B. In a responsive letter, B-T Land Company stated that it was the owner of Outlot B and it had not approved of the storage of any boats on the property or any activity on the property except for that which had been reviewed previously by the City of Chanhassen. r • • POPHAM. HAIK, SCHNOBRICH, KAUFMAN & DOTY. LTD. Chanhassen Planning Commission July 20, 1981 Page Two B-T Land Company and the Lotus Lake Estates Homeowners Association immediately sought to have removed all boats and uses of Outlot B that had not been reviewed previously by the City of Chanhassen. However, dispite the good faith attempts by the Homeowners Association and B-T Land Company, someone within the City government directed that the application for review should be stricken from the agenda. Yet at the same time there then appeared on the agenda for that same meeting, the proposed ordinance which would seek to limit the use of Outlot B far beyond that which was orginally contemplated and in violation of the riparian rights of B-T Land Company and those lot owners who pursuant to the City approved plat will have a right to the present and future use of Outlot B. We object to the unilateral decision to strike this application for review from the July 22, 1981, meeting. We can find no authority in the City ordinances, Minnesota Statutes or case law to support the striking of such a matter from an agenda just because one or more individuals who were not authorized by the land owner had been acting in a way contrary to what several citizens in the area wanted or acting in such a way that allegedly was in violation of the City's prior understanding concerning the use of Outlot B. However, at this time this matter has been stricken and I understand it will be reviewed by the Planning Commission at its next meeting on August 12, 1981. As we discussed previously in a letter of July 7, 1981, we object to the adoption of any ordinance that in any way interferes with the full use of the riparian rights of Outlot B. It has been reported to me that one or more of the citizens has also stated that the proposed use of Outlot B in some way would be in violation of some sort of conservancy easement that the citizens thought the City had purchased over Outlot B. The City has no conservancy easement and has no right to one over Outlot B. In fact in 1978, the City was not willing to buy Outlot B for park purposes. As part of the development contract, the City was granted the right to acquire in the future a four foot wide non-exclusive walkway easement though Outlot B but such an easement in no way restricts the riparian rights that are a part of Outlot B and the plat. The City cannot now under the guise of a regulation acquire the property as park or so restrict it so that it in effect becomes a City park, without first condemning it. POPHAM, HAIK, SCHNOBRICH, KAUFMAN 6 DOTY, LTD. Chanhassen Planning Commission July 20, 1981 Page Three In fact, all of this plat is zoned as P-1 which allows and requires the establishment, use and maintenance of common open space areas within the plat. B-T Land Company established such a common area as Outlot B for the benefit of the entire plat and agreed to grant the four foot wide non-exclusive walkway easement which was not even a part of the requirements of the Park Dedication Ordinance. At that time and today, the ordinance does not require any conditional use permit from B-T Land Company or the Association for the use of Outlot B as is being proposed. B-T Land Company agreed to provide a review and comment opportunity to the City as to any improve- ment, alteration and disturbance to Outlot B but has never given up its rights to use Outlot B as a permitted use under the ordinance, as a riparian land owner, and as had been promised to B-T Land Company by the City during the platting process. Therefore, the City clearly does not have any authority to even grant or deny any proposed improvements on or use of Outlot B for the purposes for which it was intended. The proposed ordinance approves as non -conforming uses recreational beach lots established prior to the effective date of the ordinance. At a minimum, the City should approve of the present application by the Homeowners Association prior to the adoption of the ordinance so that it will be treated in the same manner in which other previously established recreational beach lots will be treated. In the event that additional time is necessary to review the application and the City desires to adopt the ordinance in the interim, then the City in its ordinance should state that any applications for recreational beach lots that have been filed prior to the adoption of the ordiance and specifically that application filed by the Homeowners Association shall be included in the approved non -conforming use category. In this way the City will not be discriminating against the Homeowners Association or my client, B-T Land Company, and will recognize this unique situation in which the City has approved of this recreational beach lot as part of the development contract of the plat in which the developer agreed with the City's request for the establishment of the recreational beach lot and the future use of it for the benefit of each of the lots in that plat in exchange for the developer's agreeing not to plat all of the lots down to the lake as has been previously reviewed with the City in my letter of July 7, 1981. This would provide POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. Chanhassen Planning Commission July 20, 1981 Page Four for the minimum protection of the established property rights of the Homeowners Association and B-T Land Company. Because the review and possible adoption of the ordinance is of such great importance to my client, I request from the City a copy of all drafts of the ordinance, all staff memoranda, all minutes of any future or prior meeting at which the ordinance or the application has been or will be discussed and copies of all other materials received by the City, its Council, Planning Commission or staff or generated by them relating to the application and ordinance now and in the future. Moreover, I request prior written notice of any future meetings at which the staff, Planning Commission, Council, Lake Study Committee or other quasi -public committee will meet and discuss the ordinance or the application. I would be glad to pay for the cost of the copying of such minutes. Very truly yours, Bruce D. Malkerson BDM/jd cc: Mayor and City Council City Attorney / City Planner/ Mr. Aaron Babcock, President of Lotus Lake Estates Homeowners Association B-T Land Company E Planning Commission City of Chanhassen Chanhassen, Minn. July 15, 1981 CITY OF CHANHASSEN RECEIVED .I U L 2 01981 COMMUNITY DEVELOPMENT DEPT Dear Commissioners: I would like to invite the Planning Commissioners and the City Council members to an on -site inspection of Outlot B, Lotus Lake Fstatpq at a time and date suitz:,le to their schedule. Please cnntart me, Aaron Babcock, at: Home 934-0303 - Office 925-2292 to schedule said visitation. It is my understanding that Bruce Malkerson, Attorney at Law, of Popham, Haik, Schnobrich, Kaufman & Doty, Ltd. has been engaged as legal representative of B&T Land Co. Should any legal and/or court actilon be required on behalf of Lotus Lake Estates Homeowners Association, it is anticipated that Mr. Malkerson would be engaged to represent the association. As per our requested amendment dated June 10, 1981, and scheduled for Public Hearing August 12, 1981, we feel our request is reasonable and justified. Having attended many of the meetings on the proposed city ordinances regulating outlot and lake surfaces and shoreline management, we have requested total watercraft numbers below the maximum allowable in these proposed ordinances. It is my understanding that we are the largest lakeshore owner on Lotus Lake (approx. 1590 ft.). Should our request be denied, we feel you would be implying that the public waters are usable by the general public except those who own lakeshore under outlot classification. We feel this would be outright discrimination. Planning Commission - 2 - July 15, 1981 Our association is in agreement with the philosophy of regulating outlots and lakeshore. The statements made at the many meetings on this subject reflect a concern for developers owning 100 or 200 ft. of Lake- shore and funneling 50 to 100 other lots to that small shoreline space and overcrowding the lakes of Chanhassen. When completed, Lotus Lake Estates will contain approximately 144 lots, 1590 ft. of lakeshore - 144 lots equals 11.04 ft. of lakeshore per lot. Sunrise Hills Homeowners Association has often been menti ned as-o model outlot for the City of Chanhassen; it has 56 lot members and 150 ft. of shoreline, equaling 2.68 ft. per lot. Sunrise Hills has a private boat launching ramp. As you will see upon on -site inspection, it would be impossible to install a boat launching ramp on Outlot B because of the topography of the land (approx. 40 ft. drop from Choctaw Circle to lake level). Our Association feels that the proposed lakeshore and outlot ordinances are very discriminating against outlots. The city appears to be saying - if you are a private land owner you can use the lake - but at the same time says - we will allow no more private lakeshore owner- ship. If you do not live on the lake but are a citizen of the U.S. or visitor to the U.S. we will install a boat ramp for your use of the lake. If you are an outlot owner you can use the lake only on the basis of any other U.S. citizen. We question the equality here. Lotus Lake Estates Homeowners Association supports lakeshore management and outlot regulation, footage requirements per lot, all lots contiguous, etc. The Associations' interpretation of the development contract between B ie T Land Co. and the City of Chanhassen clearly states that prior to development or improvements to outlot B can be Planning Commission - 3 - July 15, 1981 that a permit must be obtained from the City of Chanhassen. It does not, however, state that no improvements may be made or that the title owners and taxpaying owners should be deprived of the full and reasonable use of the property. It is non -dedicated open space as per sections 21.01 and 21.03 - City Code. It is not a conservation district as many citizens believe. It is the intention as per our comprehensive plan (per amend- ment application) to preserve the Northern end of Outlot B as a wildlife habitat (except for city path e sement). In summary, the Lotus Lake Estates Homeowners Association believes that we have riparian rights over outlot B. After attending many meetings on the lake rights subject we feel our application is a reasonable compromise between full riparian rights over outlot B and the comments and opinions of the various commission members, citizens and C i ty. Counc i 1 . We could have asked for: 105 watercraft (5 per lot x 21 lakefront lots) 140 watercraft (1 per lot ) 150 plus watercraft (many outlots are 100 ft. with 10 or more boats per association, 15 ft. @ 10 minimum per 100 ft.) i dock per 100 ft. of lakeshore 15 docks. We have asked for a total of 74 (40 overnight boat slips on 5 docks, 24 canoe/small sailboat, 10 moorings. They will be controlled and allocated equally between phase 1, phase 2 and phase 3 of Lotus Lake Estates planned development on a seniority -waiting list basis. This is a comprehensive plan for the entire planned development. Our request is for fewer total watercraft than we might have applied for. We are trying to do more than just conform to the spirit of the proposed new Planninq Commission - 4 - July 15, 1981 ordinance. We feel it would be very unfair and discriminatory to allow some lakeshore owners overnight dock rights and not others. We must protect our riparian rights at all costs in order to preserve our property values. We look forward to escorting all Planning Commission and City Council members on a tour of outlot B and further explain our comprehensive plan. We are proud of our property and desire only to have our rightful use of it while at tre same 'tioie presetviiig its natural beauty. Regards, Aaron P. Babcock, President, Lotus Lake Estates Homeowners Assoc. cc: -Members City Council -Scott Martin, City of Chanhassen -Rick Murray - B & T Land Co. -Bruce Malkerson - Popham, Haik, Schnobrich, Kaufman, Doty Ltd. -Craig Mertz - Larson & Mertz July 13, 1981 • • J, The Honorable Tom Hamilton Councilwoman Pat Swenson Councilman John Neveaux Councilman Dale Geving Councilman Clark Horn �s /U-A City of Chanhassen 609 Coulter Drive Chanhassen, MN 55317�- Tie co c./ da c, d4 0 a7~ S ode s--� D'q. �.r ,�,s�4�iJ- Dear Council Members: ,-Cr- C. As you know, our members have that have potential for major been concerned impact on Lotus with several issues /j�/�/ Lake. Recently, we discovered a common thread that links several of our concerns about the lake to one issue -- the Wetlands. We believe that any encroachment, alteration or loss of our existing wetlands will severely and permanently impair the lake's ability to recover from the runoff of normal rainfalls, and erha s permanently curtail the breeding of fish and wildlife native to the wetlands. Because none of our members have the scientific expertise that is needed to articulate the specific problems associated with wetlands, we have sought help from professional sources and others who have dealt with this issue. Attached to this letter are copies of several letters and documents we hope you'll find informative and useful. Our intent in writing and providing you with this information is to impress upon you our sincere belief that Chanhassen needs an ordinance that identifies and protects the wetlands in our city. We ask that you give every consideration to this request for a wetlands ordinance. If we may assist or facilitate this process in any way please feel free to call upon us. Respect;d,lly d6hn Nicolay Lotus Lake Homeowners Association JEN/pfr Enclosures cc: Russ Larson Don Ashworth Bill Monk Scott Martin • Freshwater Society 2500 Shadywood Road, Box 90 Navarre, Minnesota 55392 (612) 471-8407 July 7, 1981 Georgette Sosin Lotus Lake Association 7400 Chanhassen Road Chanhassen, Minnesota 55317 Letter of Concern to the Chanhassen City Council: Thank you for the opportunity of addressing the water quality concerns of the Lotus Lake area. I have included a copy of our "Shoreline Brochure" which is being mailed next week to 18,000 people in the. Lake Minnetonka area. Thousands more will be distributed throughout the state by various Lake Associations. The theme of the Shoreline Brochure is that the last place to manage a lake is in the lake. Proper land management is crucial to maintaining and preserving water quality. Biologist Del Hogen has stated to the Chanhassen City Council that their primary task is to preserve the wetlands in their area. These wetlands will be crucial for providing nutrient adsorption and control of non -point pollution from the developed areas already in existence. The use of wetlands for nutrient abatement near present deveropment is one of the keys to maintaining the water quality of Lotus Lake. Future development must be weighed against its impact on the surrounding watershed. After all, the value of lake property is directly tied to the quality of water in that lake. Any development which destroys wetland acreage lessens your line of defense against erosion and the runoff of phosphorus, nitrogen, and other various chemicals and metals which eminate from developed areas. Wetlands not only act as a filtering system for various pollutants but they help hold water in periods of heavy rain thus minimizing the affects of storms and flooding. Water resources hold an inherent value for everyone. Some people value water for its fish and wildlife, some people value its irrigation potential, its may. Membership Organization of the Freshwater Biological Research Foundation '� Membership contributions are tax deductible. industrial cooling potential, its aesthetic and recreational purposes and everyone needs safe water to drink. Very often these uses come into play in the same resource and the challenge is balancing those uses so society is best served and the natural balance is preserved. The question is - "How do we learn to live in harmony with a resource we desperately need to use". There are many interests in the Lotus Lake area which need to be considered in deciding how the lake should be used now and in the future. It's impossible to please everyone, but with sound management practices and the basic understanding of the lake's ecology, your chances of maintaining the water quality of Lotus Lake are very good. And clean water is a benefit to us all. Sincerely, i I '(1 J � { Christine Olsenius Coordinator CO/gm 0 Office of COUNTY COMMISSIONERS Phone 448-3435, Ext. 217 COUNTY OF %"'L I Q July 6, 1981 Ms. Georgette Sasin 7400 Chanhassen Rd. Chanhassen, MN 55317 Re: Lotus Lake developmental plans Dear Ms. Sasin; CARVER COUNTY COURTHOUSE 600 EAST 4TH CHASKA, MINNESOTA 55318 After viewing the areas and hearing of the developmental plans for properties on and surrounding Lotus Lake, I feel your concerns regarding the impact of such plans on Lotus Lake are well justified. Lotus Lake is a tremendous resource for the city and the people of Chanhassen. Every effort, I believe, should be made to Protect this resource. To preserve the water quality of the lake is probably the first objective that should be addressed. In my judgment this objective can be enhanced greatly by the prevention of sedimentation entering the lake during the periods of construction and the preservation of wetlands that act as a filter system for all incoming surface water. However, as I pointed out to you previously, I can only speak out as a concerned citizen. The area is completely in the jurisdiction of Chanhassen City and its planning commission and city council must make the decisions relative to these problems. In closing, I wish to commend you and your organization on Your ability to recognize the problems and also your ability to express your concerns in an unemotional manner. JJA:ml Sincerely yours, �1 , J�e� rome J. Aretz V Commissioner, 1st Dist. Carver County Affirmative Action/Equal Opportunity Employer _ . United Sites Department of th(*nterior o S w t FISH AND WILDLIFE SERVICE IN REPLY REFER TO: M , O St. Paul Field Office, Ecological Services ":�►:+ 538 Federal Building and U.S. Court House 316 North Robert Street St. Paul, Minnesota 55101 July 7, 1981 Members of City Council City of Chanhassen 7610 Laredo Drive Chanhassen, Minnesota 55317 Dear Councilmembers: The U.S. Fish and Wildlife Service has been approached by the Lotus Lake Homeowner's Association and the West Pleasant View Road Association concerning proposed construction activities and their effects on wetlands associated with Lotus Lake and the lake's water quality. The two citizens' groups were particularly concerned with: 1. Derrick Land Company's proposed housing development and the associated placement of a sedimentation basin in wetlands, 2. Lotus Lake Estates' housing construction, in and adjacent to wetlands, and 3• the city's proposed park development with lake access constructed through a wetland, and dredging in Lotus Lake. The two neighborhood associations have requested that we provide you with our assessment of the impacts of these and similar proposals to local fish and wildlife resources. That assessment follows. The effect of these projects, and others, on wetlands and Lotus Lake's water quality would be variable, and would depend on the extent of each project's disruption of existing land features. The greater the disturbance to the existing natural areas, the greater the possibility of adverse environmental effects on Lotus Lake and its associated wetlands. The wetlands of concern in the proposed project areas are dominated by sedges, rushes, cattail, reed canarygrass, willows and submergent or floating -leaved aquatic plants such as pondweed, duckweed, waterlilies, and the American lotus. These areas were formerly referred to as Type 2, 3, and 4 wetlands. The wetlands associated with the northern end of Lotus Lake are the last of the wetlands adjacent to the lake that have not been drained or filled. They provide for floodwater storage, 2 filtration of nutrients and sediment from runoff and provide breeding,. feeding, and resting habitat for waterfowl, songbirds, and furbearers. They also provide spawning areas for fish species resident in Lotus Lake. Lotus Lake itself contributes greatly to the biological produc- tivity, recreational and aesthetic quality and land values of the area. Data are available which document the values of Lotus Lake and its associ- ated wetlands. Reports containing these data recommend how certain construction activities can proceed adjacent to the lake without destroying the area's natural values. These data and recommendations can be found in the: 1. October 9, 1980, Environmental Survey by Dell Hogen of Instru- mental Research, Inc., 2. Report by the Chanhassen Lake Study Committee, 3. March 4, 1981, Riley -Purgatory Creek Watershed District Report, and the 4. June 13, 1980, Inventory and Survey by Carver Soil and Water Conservation District. This information gives support to the value of a Comprehensive Plan for Growth and Development similar to the one under development by the City's Planning Commission. The premises of the proposed plan are that development should be consistent with conservation and enhancement of significant natural features and aesthetic amenities and that a well - developed community -supported comprehensive plan can be utilized as a basis for decisions on growth. We support the Commission's efforts and goals regarding conservation of natural features, and believe that such a plan should be a major part of every city's planning for projects similar to those at issue here. Thank you for the opportunity to present our views. I hope that they are of assistance to you in addressing these specific development proposals and the water resources portion of the Planning Commission's Comprehensive Plan. Sincerely, 4�j,1' Richard F. Berry Field Office Supervis r cc: Georgette Sosin . Wetland Information • Wetlands - land where an abundance of water is the dominant factor determining :the nature of soil development and the types of plant and animal communities living there (marshes, swamps, bogs, wet meadows, potholes, sloughs and river overflow lands) Wetlands are important because: -provide natural treatment of waterborne and airborne pollutants may recharge groundwater drinking supplies -give natural protection agains storms and floods .-produce a high yield food source for aquatic animals offer a filtering system for lakes and streams are outdoor educational and scientific laboratories they furnish the resources for.scientific research and serve as living museums for teaching the dynamics and ecological role these systems serve Man's impact on wetlands: -The U.S. had at one time 127 million acres of freshwater wetland. More than one-half the wetlands in the lower 48 states have been destroyed. -Out of about 12 million acres of wetlands (that represents 23% of the land in Minnesota) once found in Minnesota 10 million have already been drained. -Minnesota is second in the loss of wetlands only to Indiana. -Wetland drainage helped Minnesota rank 5th of the 50 states in the value of agricultural products. 65%:of all commercial fish species and at least 50 species of mammals are dependent on the wetlands for survival. How can we protect remaining wetlands? -assemble supplemental information and get it to the proper officials -watchdog activities that affect wetlands and report to the proper officials -demand and participate in public hearings -organize community support -keep abreast of legislation and writeiyour views to congressman or local officials Many communities have passed strict wetlands ordinances: Twenty-seven states either have state wetland regulatory programs or critical area regulatory programs with wetland protection components. Wetlands are also protected through deed restrictions, covenants, and easements. Tax advantages are offered by federal and state governments to encourage use of these devices. i a What they are saying about wetlands: From A Case For Land and Water Use Policies by Gunnar_Isberg of the St. Paul Planning Department, in the May -June 1974 issue of The Minnesota Volunteer. Photo captions: "Metro Area Marshes - are fast being filled and lost to development. Here, slopes are cut away to fill part of a 40-acre marsh for an apartment complex." "In May, contractors began filling this St. Paul marsh with debris. Urban sprawl has swallowed up many such areas." And narrative: "The surface and underground waters of the state are valuable resources which must be preserved for their best use. More information is needed of the 'self-cleaning' capability of many of our streams, lakes, wetlands and ground waters..." "The .lands and waters classified as groundwater recharge areas must be protected. Drainage, disposal and other man-made changes can severely alter recharge lands and pollute the groundwater system and may cause serious future problems." "Acquisition of wildlife management areas should be accelerated in ares where urban or agricultural development threatens destruction of habitat, especially prime wetlands areas." From Why We Worry About Wetlands,. by John Skrypek, environmental control coordinator for the DNR Division of Game and Fish. In The Minnesota Volunteer September -October 1972. Beginning on page 31. "Traditionally, programs for preservation of wetlands have emphasized their importance as wildlife habitat." "When connected to lakes and streams with permanent fish populations, wetlands may also be important fish spawning areas, especially for northern pike." "In urban areas, wetlands are providing outdoor classrooms where students can study ecology, living animals, and organisms. Wetlands provide open space that is a pleasant relief from the monotony of confining urban areas, wetlands retard the runoff of water from melting snow and rain. In this way, these natural "sponges" reduce flood damage to downstream areas. Wetlands also have a beneficial recharging effect on underground, water -bearing formations." "In addition to these values, a new and exciting role of wetlands is emerging that of enhancing and protecting water quality." "When water enters a wetland, therefore, it brings along many things. Among these are silt, organic matter from decaying plants and animals and many different dissolved chemical compounds from the soil and rocks of the surrounding watershed." "When water enters a wetland, its rate of flow diminishes due to ponding, and the resistance of abundant growths of aquatic plants. As the velocity of water is slowed down, its ability to carry silt and other particles in suspension is decreased. The particles drop out and settle to the bottom - where they may be anchored and stabilized by the root systems of aquatic plants." "Some of the dissolved phosphorus entering a wetland becomes physically bound to silt particles and settles to the bottom..." "Portions of the phosphorus and nitrogen compounds are incorporated into submerged and emergent plant growth where they are tied up for the growing season." "Much of the nitrogen entering a wetland comes in as nitrate compounds, a form easily used by plants. The bacteria (in the bottom) have the ability to reduce nitrates to gaseious nitrogen which is released to'the atmosphere." • CITY OF CHANHASSEN M INNESOTA WETLAND CONSERVATION BASINS WETLAND TYPES Meadow Shallow Marsh Deep Marsh Open Water Ilakes & ponds* Shrub Swamp Wooded Swamp WATERSHEDS & DRAINAGE Major Watershed Boundary Sub Watershed Boundary Outlet Stream Outlet Ditch Wetland Index Numbers 1031 denotes section 3 1041 denotes 4th wetland area In section 3 NOTE: Includes adjacent marsh vegetation .s• r So. map prepared-. AUGUST, 1M City of Chonhmre n, Nonnma De partmem Source: Carver Soil a Wafer Conservation District Staff April 1978 C ITYRO F CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Craig Mertz, Ass't. City Attorney ' FROM: Scott A. Martin, Community Development Director �A,(�j►(r►/{ DATE: July 13, 1981 hNNI"'•` RE: Lotus Lake Estates Recreational Beach Lot (Outlot B) On July 13, 1981, I personally conducted an on -site inspection of the above referenced property and found that no structures, docks, piers, mooring bouys, (except two (2) permitted canoe racks) or watercraft were located upon this property or in the abutting waters of Lotus Lake. It is my opinion, therefore, that B-T Land Company and Lotus Lake Estates Homeowners Association has complied with your "Notice of Default" dated June 29, 1981, which ordered the removal of all illegal watercraft and structures from said Outlot B of Lotus Lake Estates. A Public Hearing to consider the proposed amendment to the Lotus Lake Estates Beach Lot Conditional Use Permit has tentatively been scheduled for August 12, 1981 before the Chanhassen Planning Commission. ` cc: Don Ashworth, City Manager/ Bob Waibel, City Planner July 91 1981 Steven E. Hemping 115 Choctaw Circle Chanhassen, MN. 55317 Clark Horn 7608 Erie Avenue Chanhassen, MN. 55317 Dear Clark: I feel personally obligated to write this letter to you about a subiect which caused my 'amily great corn. In your position with the City of Chanhassen you are involved in many difficult decisions. I am not going to say that my problem is the most important, in fact, I know it is not. What I do know, however, is that my concern is very important to me and others in our neighborhood. It is because of my respect for you that I write this letter to you at this time. The subject of this letter concer the actions of the City relative to the control of its laTe shore, but more specifically the present situation at Lotus Lake as it relates to the Lotus Lake Estates outlot. I am wirting this only as one Chanhassen homeowner. I don't represent anyone else even though many would share my views. Philisophically I stand for a balance of maintaining our ecology with proper recreational usage of our lakes. There is hardly anyone that I know who disagrees with the need for an ordinance of some type assuring such a balance will exist. Clark, we built our house on Choctaw Circle after having previously lived on Lake Minnetonka and Bryant Lake in Eden Prairie. We enjoy our rights as lake shore owners. Even though our present home is on an outlot, it is owned by the Lotus Lake Homeowners Association for which we are pare of. In fact, we are the largest lake shore owner on Lotus Lake. By the way, I am personally being taxed as a lake shore owner as evidenced by my assessed value relative to all other Lotus Lake shore owners. When my rights are being threatened, I feel it is abso- lutely crucial that I do all that is necessary to assure that those rights are not taken away. The recent recommendation by the Lake Study Committee concerning the Lotus Lake Home- owners Association request for further outlot improvements, appalls me. They have recommended to the Planning Commission that our request for boat dockage be cut in half and that no overnight parking of boats be allowed. To make such a discrlmtnatory recommendation as to say that "no overnight parking of boats be allowed" when all other lake shore owners, I'm sure, will not have the same stipulation, is taking away my personal rights. It seems that the timing of the Lotus Lake Estates develop- ment of its outlot runs headlong into the pending lake shore ordinance. At a minimum it would seem only fair that our outlot development be allowed to be completed prior to further action on such an ordinance. This, by the way, is exactly what the homeowners Association has applied for which the Lake Study Committee has so unjustly acted on. Personally, I have not decided what further action I will take. I have thought seriously of legal action. It sure seems ridiculous to have to revert to such action, however. it may well be necessary. I have even thought of selling and leaving Chanhassen. You can see by this the extent of my frustration. I will be available to discuss my concerns at any time if you feel it necessary. I certainly hope that this letter will aid you in the further understanding of my views. Sincerely, Steven E. hemping 0 • W ME (8752 Official Publication) CITY OF CHANHASSEN CARVER AND HENNEPIN COLNTIES NOTICE OF PUBLIC HEARING FOR A CONDITIONAL USE PERMIT AMENDMENT -- LOTUS LAKE ESTATES HOMEOWNERS ASSOCIATION CHANHASSEN, MINNESOTA NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Chanhassen will meet at 9:00 p.m. on Wednesday the 22nd day of July, 1981 at the City Hall, 690 Coulter Drive for the purpose of holding a public hearing to consider the amend- ment of the Lotus Lake Estates Homeowners Association Conditional Use Permit to develop recreational facilities on the following described tract of land: Oudot B, Lotavlalt4 Fgtates A plan SIY1101104? 56(it ioroposed amendment es available for inspection at City Hai: AU person in- terested may appear and be heard at said time and place BY ORDER OF THE PLAN?41NG COMMISSION BoWWbel, City Planner ( Pub. Carver County Herald July 8, 1981) Affidavit of Publication Sate of Minnesota ) ) ss. County of Carver ) Stan Rolfsrud being duly sworn on oath says he is and during all the time herein stated has be® the publish' and Pmdar of the newspaper known as Carver County Herald and has full knowledge of the facts herein stated se, follows: (1) Said newspaper is printed in the English language in newspaper forrnut and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once a week. (3) Said news paper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (e) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local posWi ice. (5) Said cewspapsr purports to serve the City of Chaska in the County of Carver and it has its knew mice of issue in the City of Chaska in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper, persons in its employ and subject to his direction and control during all such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue bnmedjately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the farm prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed_.. Legal #8757 hereto attached as a part hereof was cut from the cdumm of said newspaper, and was printed and published therein in the English language, once each week, for -_ 1 successive weeks; that it was first so published on WEd the 8th day of July I981and was thereafterB8�inted and published on every _ Wednesday to and includingthe 8tL ot July 19 s and that the following is a printed copy of the lower case alphabet from A to Z, bath inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and poNiraBm alsaid entice, to wit: abcdefghijklmnopgrstuvwxyz Subecribedandswaare meatobe[thm �day of / C NTHIAARyPUB IC NOLOEN ( NOTARY PUBLIC - MINNESUTA CARVER COUNTY Notarypublk, County Man ,MY Cowrtluion Eapnea Ocv. 28. 19M My Commission E�ires I CITY OF CHANHASSEN RECEIVED IUL 14 1981 COMMUNITY DEVELOPMENT DEPT AFFIDAVIT OF PUBLICATION OF W PUBLISHED IN C] Filed this day of (Judge of Probate) 1Z 19 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING FOR A CONDITIONAL USE PERMIT AMENDMENT LOTUS LAKE ESTATES HOMEOWNERS ASSOCIATION CHANHASSEN, MINNESOTA NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Chanhassen will meet at 9:00 p.m. on Wednesday the 22nd day of July, 1981 at the City Hall, 690 Coulter Drive for the purpose of holding a public hearing to consider the amendment of the Lotus Lake Estates Homeowners Association Conditional Use Permit to develop recreational facilities on the following described tract of land: Outlot B, Lotus Lake Estates A plan showing said proposed amendment is available for inspection at City Hall. All person interested may appear and be heard at said time and place. BY ORDER OF THE PLANNING COMMISSION Bob Waibel, City Planner (Published in the Carver County Herald, July 8, 1981) A THIS IS TO CERTIFY that the following is a list of ownerships 350 feet around subject premises, viz: Outlot "B", Lotus Lake Estates, said list is according to the records of the County Treasurer, Carver County, Minnesota. 1. Patrick & Marilyn McMahon 12.Robert Ertle 151 Chocataw Circle 90 Choctaw Circle Chanhassen, Minn. 55317 Chanhassen, Minn. 55317 2. STephen & Lois Buchanan 13. Bruce Norby 141 Choctaw Circle 100 Choctaw Circle Chanhassen, Minn. 55317 Chanhassen, Minn. 55317 3. Howard Givens 14. Mark Miller 135 Choctaw Circle 150 Choctaw Circle Chanhassen, Minn 55317 Chanhassen, Minn. 55317 A. Harlan & Margaret Swanson 15.Ralph E. Craner 131 Choctaw Circle 140 Choctaw Circle Chanhassen, Minn. Chanhassen, Minn. 55317 5. Aaron & P. Babcock 16. David and Sylvia Esones 125 Chocataw Circle 130 Choctaw Circle Chanhassen,Minn. -5317 Chanhassen, Minn. 55317 6. James & S. Lacey 17. Frank and Florence Windsor 121 Choctaw Circle 120 Choctaw Circle Chanhassen, Minn 55317 Chanhassen, Minn. 55317 7. Steven E. Hemping 18. Bloomberg Companies,Inc. 115 Choctaw Circle Chanhassen, Minn. 55317 Chanhassen, Minn. 55317 8. Donald A. Johnson 19. City of Chanhassen Ill Choctaw Circle Chanhassen, Minn. 55317 Chanhassen,Minn. 55317 9.Craig and Dolly Opel 20. Near Mountain Properties 105 Choctaw Circle 5000 Wayzata Blvd. Chanhassen, Minn. 55317 Minneapolis, Mn. 55416 10. Gary A. Welch 101 Choctaw Circle Chanhassen,Minn 55317 11. Salvatore J. Bammarito 91 Choctaw Circle Chanhassen, Minn. 55317 'Yv Margery H son DATED: June 25, 1981 Regist ed stracter CITY OF CHANHASSEN RECEIVED AOL 6 1981 COMMUNITY DPELOPMENT DEPT Carver County 4FAbstract and Title Company OFFERS YOU COMPLETE TITLE SERVICES IN CARVER COUNTY • TITLE INSURANCE • ESCROW & CLOSING SERVICES o ABSTRACTS OF TITLE • REGISTERED PROPERTY ABSTRACTS • RECORDING SERVICE irsi�sisesorta MLTi4 zaisd fife seal.. NO I )NO141.4 �-�O T(As �.%e c�;7'�-res CARVER COUNTY, MINNESOTA I COMPILEDBY- Carver C�oun�ty �Abstr�act and Title Company POR -L 'Js- . `If ,Lai' - f Gt/.wix7e. Lr d (4/cG�/ 3ci.Tai i 40A(4 5.53!5 0 gyp; WAYNE G. POPHAM RAYMOND A. HAIK ROGER W. SCHNOBRICH DENVER KAUFMAN DAVID S. DOTY ROBERT A. MINISH ROLFE A. WORDEN G. MARC WHITEHEAD BRUCE D. WILLIS FREDERICK S. RICHARDS RONALD C. ELMOUIST G. ROBERT JOHNSON GARY R. MACOMBER ROBERT S. BURK ROBERT E. HAM E L . FREDERICK C. BROWN BRUCE D. MALKERSON JAMES R. STEILEN JAMES B. LOCKHART • .ornTm w to�ow.00 0H11 .. AOHITrm Iw uuwmw oKlr POPHAM, HAIK, SCHNOBRICH, KAUFMAN 6 DOTY, LTD. 43441DS CENTER MINNEAPOLIS, MINNESOTA 55402 GARY E. PARISH. ALLEN W. HINDERAKER CLIFFORD M. GREENE D. WILLIAM KAUFMAN DESYL L. PETERSON MICHAEL O. FREEMAN MEOORA S. PERLMAN LARRY 0. ESPEL JANIE S. MAYERON DAVID A. JONES SALLY A. JOHNSON J. MICHAEL MORGAN LEE E. SHEEHY LESLIE GILLETTE MICHAEL T. NILAN DAVID J. EDOUIST CATHERINE A. POLASKY STEVEN G. HEIKENS JOHN R. WILCOX.. Planning Commission City of Chanhassen Chanhassen, MN 55317 July 7, 1981 Re: Use of Outlot by Lotus Lake Homeowners Association to Be Reviewed July 20, 1981 Dear Commissioners: TELEPHONE AND TELECOPIER 612-335-9331 DENVER OFFICE 2560 ENERGY CENTER DENVER. COLORADO 80202 TELEPHONE AND TELECOPIER 303-825-2660 CITY OF CHANHASSEN RECEIVED JUL 101981 COMMUNITY DEVELOPMENT DEPT. This office represents the B-T Land Company which is developing the Lotus Lake Estates plat and is the owner of Outlots A, B and C, several lots in Phase I of the plat, owns the property in Phases II and III of the plat, and is a member of the Lotus Lake Estates Homeowners Association. The Lotus Lake Estates Homeowners Association which includes 35 separate lot owners and B-T Land Company has submitted an amendment to the conditional use permit granted March 10, 1981, The intent of this application is to limit now the future development and use of outlot B which is the recreational outlot for the entire plat of Lotus Lake Estates. A copy of this application and the plat are included for your reference. I understand that the City is considering the adoption of an ordinance which would seek to regulate the use of the lake surfaces and shorelines within the City. I have reviewed what I believe is the most recent draft of the ordinance. Such an ordinance, if properly drafted, can ensure that in the future all property owners around the lakes can have equal and reasonable access to and enjoyment of the lakes. There are numerous factual and legal reasons why the City should approve the proposed amendment to the conditional use permit, among which are the following: POPHAM, HAIK, SCHNOBRICH, iKAUFMAN & DOTY, LTD. Chanhassen Planning Commission July 7, 1981 Page Two 1. The original concept plan, approved by the CIty in 1974 (attached for your reference), showed 21 very valuable lots with shoreline on Lotus Lake. Each such lot would have had as many docks, boats, swim rafts, beach areas, access ramps and other Lake- shore amenities as each owner desired. These lots would have been similar to the other lots previously platted and developed around the lake. In January, 1975, the City completed and approved an environmental assessment which approved of the platting of the 21 lakeshore lots. Thereafter, in reliance upon these approvals, B-T Land Company purchased the property. However, when this concept was reviewed again in 1978, the City asked that the developer redesign the plat to eliminate the direct access lots and to provide instead Outlot B which would provide access to the lake for boating, swimming, fishing, etc. for all of the residents in the plat. B-T Land Company objected that it had the right to plat 21 lots to the lake and that not being able to do so would mean a substantial financial loss. The City then assured B-T Land Company that the loss could be offset in the future by allowing each lot in the plat to have access to the lake for the above purposes over Outlot B. Based upon such a representation, B-T Land Company redid the plat as it is now shown and the Homeowners Association was developed with the intent of providing such future access to all residents in the plat as the City requested. 2. The City has approved a final plat and preliminary plat which included 144 lots. Each of those lots have a right to utilize Outlot B as noted above. However, B-T Land Company and the other members of the Homeowners Association have agreed to limit the future use of Outlot B pursuant to the enclosed amendment. 3. The enclosed amendment represents the limitation of a substantial property right for each lot owner in the plat which property right has been recognized by the Minnesota Supreme Court on numerous occasions. It is a fundamental right of a riparian landowner that he/she is entitled to access over the entire extent of the body Of water to which his/her land is adjacent. Another riparian landowner may not prevent his/her passage over and use of the waters by fencing or otherwise. Johnson v. Seifert, 257 Minn. 159, 100 N.W.2d 689 (1960). These rights cannot be limited for the • POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. Chanhassen Planning Commission July 7, 1981 Page Three benefit of those who already own lots on the lake. In Pe*rabor v. Zontelli, 217 Minn. 536, 547, 15 N.W.2d 174, 180 (1944), the Court stated: "As to the public lake, a mutual right of enjoyment is shared by riparian owners and the public generally. Insofar as such recreational benefits as boating, hunting and fishing therein, the riparian proprietor has no exclusive privileges." In regard to docks, the Court has stated as to the rights Of property owners along a body of water: "Among these (rights) are the right to enjoy free communication between his abutting premises and the navigable channel of the river, to build and maintain suitable landings, piers, wharves, on and in front of his land and to extend the same therefrom into the river to the point of navigability. . . These riparian rights are property, and cannot be taken away without paying just compensation therefor. The State could not do it or authorize any one else to do it." In re Union Depot Street Railway & Transfer Co. of Stillwater, 17 N.W. 626 1883 . Moreover, these riparian rights may be transferred to and enjoyed by persons having no interest in the property abutting upon the water. Hanford v. St. Paul & D. R. Co., 44 N.W. 144 (1890). In this case, each property owner has a vested property right in the lakeshore which cannot be eliminated without compensation. 4. Presently there are no restrictions in the City's ordinance concerning the number of boats which may be moored, docked or stored on or in front of Outlot B, the number of swim rafts, boat launches, or swimming areas. The proposed ordinance standard is a limit of 5 watercraft per lot which if applied to the 21 lots which could have been platted, would result in 105 watercraft on or in front of Outlot B. 5. The applicant is willing to waive any future claim for riparian rights beyond those set forth in the application as they apply to boat docking and storage. POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. Chanhassen Planning Commission July 7, 1981 Page Four 6. By installing common docks on Outlot B, the Home- owners Association can police its members more effectively, eliminating all privately owned docks, and forcing all watercraft to be moored, docked or stored in only the approved locations and structures. Last Friday, I met with members of the Lotus Lake Home- owners Association and reviewed the plat, Outlot B and the existing development around Lotus Lake. I was then informed that some individuals already living around Lotus Lake had been lobbying the City to deny to my client and the members of the Association their riparian rights in furtherance of their own use of the lake. It seems that some property owners on the lake who are not restricted in any way as to their use of the 50' to 75' length of lakeshore within their lot (and which under the proposed ordinance could still be used for docks, 5 watercraft, 1 swim raft, etc.) now want to prevent my client and the members of the Association from having similar (in fact lesser) use of the lakeshore. Such treatment would be discriminatory and in violation of my client's equal protection rights and substantive property rights under the state and federal constitutions and 42 U.S.C. §1893. My client was further informed that the Lake Shore Committee last week met and decided to recommend to the Planning Commission that Outlot B should be used only for one swim beach, one raft, and one dock with no overnight docking. Such a recommendation is arbitrary, unreasonable and discriminatory on its face. Outlot B is 1590' in length and as noted previously could easily support 115 - 144 watercraft, many docks, swim rafts and beach areas. It is illegal to discriminate against the owner of 1590' of shoreline in favor of the individual who owns 50' - 75' of shoreline. In addition to my client's substantive property rights which would be denied, my client's procedural rights have apparently also been ignored since this Committee met and reviewed the application without prior notice to my client and the Home- owners Association in violation of the open meeting law of the State of Minnesota. As you probably know, the open meeting law prohibits any elected or appointed person from discussing the application with another elected or appointed person unless there has been prior notice to the applicant so that the applicant can be present to protect his/her substantive and procedural rights. POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. Chanhassen Planning Commission July 7, 1981 Page Five An example of the abuses sought to be curbed by the open meeting law in this case is the fact that someone suggested that Outlot B should be limited in use to be like the outlot of the Sunrise Hills subdivision. Such an analogy is not supported by the facts. The Sunrise Hills subdivision has 56 homes utilizing 150' of shoreline or 2.67' per home. Outlot B would serve 144 homes on 1590' of shoreline or 11.04' per home, over four times more shore- line per home. The Outlot of Sunrise Hills is suitable for the daily launching of watercraft into the lake. Such daily access is not feasable on Outlot B because of the steeper slopes. Moreover, since Outlot B is so much larger the docks can be clustered together to preserve the open space look of the remainder of its shoreline. It also seems anomalous to consider limiting the use of Outlot B to an intensity of use far less per foot than the typical existing lot around the lake and much less than the intensity of use per foot of shoreline which the City's proposed public access to the lake will create next to Outlot B. I have also been informed that the City has said it will "grandfather in" all existing homeowners associations on the lakes. The use of Outlot B as was promised during the subdivision of Lotus Lake Estates should also be so grandfathered. No adverse precedent would be set as to vacant property which had not already been approved for subdivision and built upon as in the case of Lotus Lake Estates. The application before the Planning Commission already represents a reduction in the riparian rights of my client in order to respond to the concerns expressed by others. I was informed last Friday that several if not all of the City Council recently met and toured the Outlot. If one or more members of the Planning Commission would like to tour the Outlot before the meeting on July 22, 1981, please inform Aaron Babcock, President of the Lotus Lake Estates Homeowners Association, at 934-0303, so that he or I can be present to answer any questions you might have. In summary, the property owners in Lotus Lake Estates plat have riparian rights over Outlot B. Instead of utilizing them to the maximum or to the limit of the proposed ordinance, the property owners are willing to limit the lake use to 40 slips for boats on 0 r POPHAM, HAIK, SCHNOBRICH, iKAUFMAN 6 DOTY, LTD. Chanhassen Planning Commission July 7, 1981 Page Two 5 docks, 10 moored boats and 24 canoe/small sailboat storage areas in 4 racks. This request is reasonable and should be approved. Very truly yours, QAUC-k- Q. M(ft�,ry\ Bruce D. Malkerson BDM/jd Enclosures cc: Mayor and City Council City Attorney City Planner✓/ Mr. Babcock, President of Lotus Lake Esates Homeowners Association B-T Land Company I�I <O a PRESENTED BY B-T Land Company 473-SS11 OPEN SPACE Mc COMBS—KNUTSON ASSOCIATES. INC. i .c... �� •.e s uer�.est r • `"I United States Department of the Interior P \ hE W 1 d FISH AND WILDLIFE SERVICE IN REPLY REFER TO: St. Paul Field Office, Ecological Services Silo- 538 Federal Building and U.S. Court House "'^•+"'° 316 North Robert Street St. Paul, Minnesota 55101 July 7, 1981 Members of City Council City of Chanhassen 7610 Laredo Drive Chanhassen, Minnesota 55317 Dear Councilmembers: The U.S. Fish and Wildlife Service has been approached by the Lotus Lake Homeowner's Association and the West Pleasant View Road Association concerning proposed construction activities and their effects on wetlands associated with Lotus Lake and the lake's water quality. The two citizens' groups were particularly concerned with: 1. Derrick Land Company's proposed housing development and the associated placement of a sedimentation basin in wetlands, 2. Lotus Lake Estates' housing construction, in and adjacent to wetlands, and 3• the city's proposed park development with lake access constructed through a wetland, and dredging in Lotus Lake. The two neighborhood associations have requested that we provide you with our assessment of the impacts of these and similar proposals to local fish and wildlife resources. That assessment follows. The effect of these projects, and others, on wetlands and Lotus Lake's water quality would be variable, and would depend on the extent of each project's disruption of existing land features. The greater the disturbance to the existing natural areas, the greater the possibility of adverse environmental effects on Lotus Lake and its associated wetlands. The wetlands of concern in the proposed project areas are dominated by sedges, rushes, cattail, reed canarygrass, willows and submergent or floating -leaved aquatic plants such as pondweed, duckweed, waterlilies, and the American lotus. These areas were formerly referred to as Type 2, 3, and 4 wetlands. The wetlands associated with the northern end of Lotus Lake are the last of the wetlands adjacent to the lake that have not been drained or filled. They provide for floodwater storage, RECEIVF0 JUL - 9 1981 CITY OF CHANHASSEN 2 filtration of nutrients and sediment from runoff and provide breeding, feeding, and resting habitat for waterfowl, songbirds, and furbearers. They also provide spawning areas for fish species resident in Lotus Lake. Lotus Lake itself contributes greatly to the biological produc- tivity, recreational and aesthetic quality and land values of the area. Data are available which document the values of Lotus Lake and its associ- ated wetlands. Reports containing these data recommend how certain construction activities can proceed adjacent to the lake without destroying the area's natural values. These data and recommendations can be found in the: 1. October 9, 1980, Environmental Survey by Dell Hogen of Instru- mental Research, Inc., 2. Report by the Chanhassen Lake Study Committee, 3. March 4, 1981, Riley -Purgatory Creek Watershed District Report, and the 4. June 13, 1980, Inventory and Survey by Carver Soil and Water Conservation District. This information gives support to the value of a Comprehensive Plan for Growth and Development similar to the one under development by the City's Planning Commission. The premises of the proposed plan are that development should be consistent with conservation and enhancement of significant natural features and aesthetic amenities and that a well - developed community -supported comprehensive plan can be utilized as a basis for decisions on growth. We support the Commission's efforts and goals regarding conservation of natural features, and believe that such a plan should be a major part of every city's planning for projects similar to those at issue here. Thank you for the opportunity to present our views. I hope that they are of assistance to you in addressing these specific development proposals and the water resources portion of the Planning Commission's Comprehensive Plan. Sincerely, Richard F. Berry Field Office Supervis r cc: Georgette Sosin is WAYNE G. POPHAM RAYMOND A. HAIK ROGER W. SCHNOBRICH DENVER KAUFMAN DAVID S. DOTY ROBERT A. MINISH ROLFE A. WORDEN G. MARC WHITEHEAD BRUCE D. WILLIS FREDERICK S. RICHARDS RONALD C. ELMOUIST G. ROBERT JOHNSON GARY R. MACOMBER ROBERT S. BURK ROBERT E. HAMEL . FREDERICK C. BROWN BRUCE D. MALKERSON JAMES R. STEILEN JAMES B. LOCKHART • ADMITTED In COLOFAOo ONLY .. AonHTEo In uunma onv POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD. 43441DS CENTER MINNEAPOLIS, MINNESOTA 55402 GARY E. PARISH. ALLEN W. HINDERAKER CLIFFORD M. GREENE O. WILLIAM KAUFMAN OESYL L. PETERSON MICHAEL O. FREEMAN MEDORA S. PERLMAN LARRY D. ESPEL JANIE S. MAYERON DAVID A. JONES SALLY A. JOHN50N J. MICHAEL MORGAN LEE E. SHEEHY LESLIE GILLETTE MICHAEL T. MILAN DAVID J. EDOUIST CATHERINE A. POLASKY STEVEN G. HEIKENS JOHN R. WILCOX.. July 1, 1981 Craig Mertz R0Ia Chanhassen City Attorney Larson & Mertz 1900 First Bank Place West Minneapolis, MN 55408 Re: Our Client: B-T Land Company Dear Mr. Mertz: TELEPHONE AND TELECOPIER 612-335-9331 DENVER OFFICE 2660 ENERGY CENTER DENVER. COLORADO 80202 TELEPHONE AND TELECOPIER 303-625-2660 Jul- o 619a1 This office represents B-T Land Company. I have reviewed your letter dated June 29, 1981, addressed to B-T Land Company and the Lotus Lake Estates Homeowners Association. In response thereto, be informed that B-T Land Company (and to our knowledge the Lotus Lake Estates Homeowners Association) has not approved of the placement of any docks or the storage or mooring of any boats on Outlot B. B-T Land Company is trying to learn the identities of those individuals who are storing boats and maintaining docks on Outlot B and will instruct them to remove the boats and docks immediately. B-T Land Company expects that the Lotus Lake Estates Homeowners Association will do likewise. Unfortunately, Mr. Babcock, the president and director of the Homeowners Association is on vacation for two weeks. Mr. Parsons who is the vice-president and director is also out of town on vacation. Mr. Johnson, the secretary -treasurer, and the third director is in town and Mr. Murray of B-T Land Company will try to contact all three of them so that a meeting of the Board of Directors of the Homeowners Association can be held as soon as possible to approve an order from the Homeowners Association directing those individuals to remove the docks and the boats. If those individuals will not voluntarily comply with the anticipated orders of the Homeowners Association and B-T Land 0 0 _y. POPHAM. HAIK, SCHNOBRICH. KAUFMAN & DOTY, LTD. Craig Mertz July 1, 1981 Page Two Company, B-T Land Company and perhaps the Homeowners Association will be asking you as the City Attorney to assist us as is allowed by law as those individuals would be trespassers. B-T Land Company is very disturbed with the actions of these individuals and the application of the Lotus Lake Homeowners Association now pending before the City reflects that concern and seeks to establish a better procedure to ensure that the riparian rights related to Outlot B will be exercised by those holding the property rights in a reasonable and acceptable manner. As you will soon see in a letter from this office to the Planning Commission as part of that application, we believe that each lot owner in the plat will have and B-T Land Company presently has riparian rights over Outlot B which B-T Land Company wishes to protect and regulate for the benefit of all present and future lot owners in the plat. Because of the need to first have a meeting of the Board of Directors of the Lotus Lake Estates Homeowners Association and there is now a long -pending weekend with two of the three directors out of town, B-T Land Company asks that no action be taken by the City unt_1 July 15, 1981. The application is scheduled to be reviewed by the Planning Commission on July 22, 1981, so an extension appears appropriate. Please let me know if this is acceptable. B-T Land Company is today delivering notice to each lot owner in the plat, directing the removal of the docks and the boats. If we cannot procure voluntary compliance, we will let you know immediately and seek your assistance. Very truly yours, Bruce D. Malkerson BDM/jd CC: Rick Murray, Vice -President of B-T Land Company Mr. Babcock, President of Lotus Lake Estates Homeowners Association GB-T LAND COMPAA 1055 EAST WAYZATA BOULEVARD WAYZATA, MINNESOTA 55391 1612) 473E511 July 1, 1981 REC'D TO: Lotus Lake Estates Homeowners Association Members FROM: B-T Land Company Dear Member: S. j r C - Ir JUL 0 G i98I Please find attached, a copy of a letter from the City Attorney's office for the City of Chanhassen which directs the removal of all docks and boats stored on Outlot B, except those which are stored or may be stored in the approved canoe racks (which members will be building this weekend). Your Association has applied for an amendment to its current Conditional Use Permit to allow for the usage of docks and the storage of boats on Outlot B. B-T Land Company, as equitable owner of the Outlot, has not authorized the use of Outlot B for any dock or storage of boats. The Homeowners Association and B-T Land Company is attempting to amend the Conditional Use Permit to provide the Association the ability to use the Outlot in this manner. The actions of the few Association Members who have placed boats and docks on the Outlot without the approval of the Association and B-T Land Company, interferred with the review of this application. Therefore, we are requesting that those individuals who own the docks and the boats, remove them immediately. We expect that the Board of Directors for the Homeowners Association will also be making this request of those individuals once they have met. Should you have any questions concerning this notice or the letter from the City Attorney's office, please do not hesitate to contact me at 473-8511. Thank you for your cooperation in these matters. Sincerely, B-T LAND COMPANY Rick. Murray Vice President RDM/tp enclosure CC: Craig Mertz, City Attorney Aaron Babcock Jim Parsons Don Johnson 0 See Confidential letter from City Attorney dated June 29, 1981. • C ITYb F CUASHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Mayor and City Council FROM: Don Ashworth, City Manager DATE: June 29, 1981 SUBJ: Lotus Lake Estates Beach Lot Three sets of documents are attached: A. Conditional Use Permit, Lotus Lake Estates Beach Lot and Entrance Sign - This set of documents includes all enclosures considered by the City Council in 1980 in approving the application submitted by the homeowners association for a beachlot within the outlot area. B. Development Plan and Plat Approvals - This section includes the various sets of minutes reflecting City Council action in regards to approving the Lotus Lake Addition. Also noted in this documentation is reference to the purpose and intent of the outlot. C. Development Contract and Supporting Documents - Included in this section are the declarations (statements by owner), development contract (1978), and beachlot conditional use permit (1980). Given time available, signed contracts not included, but on file. D. Application of Homeowners Association to Amend Beachlot Conditional Use Permit - Note: No comments have been included from Lake Study, Planning Commission, or Staff. These will be included prior to submission to Council as a counci agenda item. E. Correspondence l p P(1� Q"JOD 0 CITY*OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 STAFF REPORT TO: Chanhassen Planning Commission FROM: Scott A. Martin, Community Development Director DATE: June 24, 1981 RE: Lake Study Committee Review of Lotus Lake Estates Homeowner's Association Conditional Use Permit Application The Lake Study Committee reviewed the above referenced application at their meeting of June 23, 1981 and took the following action: A Conditional Use Permit to develop the Lotus Lake Estates Beach Lot (Outlot B) should be approved only insofar as is provided under the proposed amendment to Ordinance 47 (Recreat- ional Beach Lot Regulations). Specifically, only one (1) dock should be permitted (not to exceed fifty (50) feet in length, unless necessary to reach a water depth of 4 feet); two (2) additional canoe racks should be permitted allowing a maximum of four (4) racks; no sail- boat mooring buoys or overnight docking of boats should be permitted (including on -land boat storage); a 10' x 10' swimming raft should be permitted if it is located in water having a minimum depth of seven (7) feet, is not more than one -hundred (100) feet from the nearest lake shoreline, and projects a minimum of one (1) foot but not more than five (5) feet above the lake surface; and, the proposed conversation pit should not be so constructed as to be of a permanent nature (i.e. using brick or masonry material). The Lake Study Committee appreciated the opportunity to review and comment on this proposal prior to formal Planning Commission consideration. %b - I pia SPECIAL CHANHASSEN CITY COUNCIL MEETING JUNE 24, 1981 Mayor Hamilton called the meeting to order at 7:30 p.m. with the following members present: Councilwoman Swenson, Councilmen Geving, Horn, and Neveaux. City Attorney, Russell Larson was also present. JACK ERNST: Mayor Hamilton advised the Council that Jack Ernst had been selected Senior Citizen of the Year with a plaque to be presented to him at the June 29th Miss Chanhassen Pageant. Councilman Neveaux moved that the City award a Certificate of Appreciation to Jack Ernst for his meritorious service to the City. The motion was seconded by Councilman Geving and passed, there being no negative votes. LAKE ANN LIFEGUARD: Mayor Hamilton advised the Council that he was disturbed by the lifeguard situation at Lake Ann in that on the occasion of one his visits to the park he noticed that the two lifeguards on duty at the time were inattentive to their duties. The Mayor requested staff to contact the agency which provides the guards and bring to their attention the fact that they have a serious job to do in the performance of their duties. COMMUNITY EDUCATION BOARD: Mayor Hamilton advised that the City needs representatives on the District 112 Community Education Board and suggested that the city membership on the board be in direct proportion to the number of Chanhassen students in District 112 schools. JULY 6, 1981, MEETING: A motion was made by Councilman Geving to limit the July 6, 1981, Council meeting to the $4.7 million Bond Sale and the American Legion Sewer and Water Public Hearing. Motion seconded by Councilman Horn and unanimously passed. LOTUS LAKE ESTATES: Present at the meeting were members of the Lotus Lake Association including Kathy Schwartz and John Nicolay. There was considerable discussion between the Council and the Lotus Lake Association concerning the enforcement of the Conditional Use Permit covering Outlot B of Lotus Lake Estates with regard to the construction of dockage and the mooring of boats on the outlot. It was the concensus of the association that the conditional use permit should be strictly enforced and that the dockage and boats be removed prior to any further consideration by the Council of the Lotus Lake Estates application for an amendment to the conditional use permit. Mayor Hamilton moved that the City Attorney review the covenants and restrictions, the conditional use permit and the development contract, and based on the results of such review the City Attorney was to direct the homeowners association to remove all docks and boats and comply with all terms and conditions of the permit before consideration would be given to the application for an amended conditional use permit. The motion was seconded by Councilman Horn and unanimously approved. INFORMAL COUNCIL/STAFF MEETING: A motion was made by Councilman Horn that the informal Council/Staff meeting be held on July 8, 1981, at 7:00 p.m. Motion seconded by Councilman Geving and unanimously passed. SHOOTING BAN ORDINANCE: A brief discussion was held of the Shooting Ban Ordinance and the only member of the Ad Hoc Committee present was Al Klingelhutz. A motion was made and seconded to adjourn. Meeting adjourned at 10:00 p.m. These minutes were dictated by RHL. Don Ashworth City Manager IS put)REGULAR CHANHASSEN CITY41OUNCIL MEETING JUNE 15, 1981 Mayor Hamilton called the meeting to order at 7:30 p.m. with the following members present: Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. 1 The meeting was opened with the Pledge to the Flag. APPROVAL OF AGENDA: Councilman Horn moved to approve the agenda as presented with the following additions: Waldrip Subdivision, Highway Advertising Signs, Outlot B, Lotus Lake Estates, Letter regarding Chaparral 2nd and 3rd Additions. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. CARVER COUNTY LIBRARY LEASE AGREEMENT: Representatives of the Carver County Library Board were present. Councilman Geving moved to accept the contract as written including the addenda dated June 5, 1981. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. MINUTES: Councilman Horn moved to approve the June 8, 1981, Council minutes. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilmen Neveaux, Geving, and Horn. Councilwoman Swenson abstained. Motion carried. Councilman Horn moved to note the HRA minutes of May 21, 1981. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. Councilman Horn requested that the HRA minutes, as well as all other commission minutes,be more complete. 1 Councilman Geving noted that Commissioner Whitehill was absent from the May and June Jmeetings and would like to know what the attendance record is of other commissioners as well as other commission members since January 1, 1981. Councilman Neveaux moved to note the June 2, 1981, Park and Recreation Commission minutes. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. Council members requested that the names of the absent Park and Recreation Commission members be noted in their minutes. CARVER COUNTY EMERGENCY SERVICES BOARD APPOINTMENT: Jack Kreger, Dale Gregory, and Herb Schaffer were present. Councilman Neveaux moved to appoint Mike Kerber to be Chanhassen's representative on the Carver County Emergency Services Board. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. ADVERTISE FOR BIDS, RESCUE/GRASS FIRE VEHICLE: Jack Kreger and Dale Gregory were present seeking approval to advertise for a Rescue/Grass Fire Vehicle to be housed in the Satellite Fire Station. Councilman Geving moved to table action until reviewal of all budgetary requests as a part of the 1982 budgetary process is done. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. *OUTLOT B, LOTUS LAKE ESTATES: Residents were present objecting to the way in which the City is handling the alleged violations to the conditional use permit for Outlot B, Lotus Lake Estates. The Assistant Citv Attornev explained that past policy on zoning i.tems has been that if a violation was brought to the City's attention and the property owner wished to have the City consider some change that would make the use legal the Attorney's office has deferred prosecution of the violation if it appeared Council Meeting June 101981 -2- ` that the property owner was actively pursuing a council decision. Mr. Aaron Babcock of the Lotus Lake Estates Homeowners Association has filed an application with the City for Planning Commission and Council consideration. SHOOTING BAN: Two residents were present with the understanding that this item was to be on the agenda. Council members explained this item will be on the June 29 agenda. WEST 79TH STREET: Frank Kurvers was present objecting the cars parked along both sides of West 79th Street. The Assistant City Attorney explained that the Hanus Conditional Use Permit states that the City reserves the right to establish a no parking zone along West 79th Street. A zone of that nature has never been adopted by the Council so it is not in violation. Mr. Kurvers requested a copy of the Hanus Conditional Use Permit. Conditional Use Permits and City enforcement of them will be on the June 24 Council Agenda. BILLS: Councilman Neveaux moved to approve the bills as presented: Checks #12688 through #12758 in the amount of $546,166.24, checks #16605 through 16716 in the amount of $351,804.91, and checks #16488 and #16490 in the amount of $3,341.73. Motion seconded by Councilwoman Swenson. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. EAST LOTUS LAKE PARK, FINALIZE GRANT APPLICATION: Councilman Neveaux moved to accept the City Manager's recommendation of June 15, 1981, wherein he suggests Alternate 2 be approved and staff authorized to finalize the grant for the 20 acre East Lotus Lake Park. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. Councilman Horn requested previous minutes where discussion took place on this item. LOTUS TRAIL FEASIBILITY STUDY: A petition was received from residents along Lotus Trail asking that the street be upgraded. Council members would like to see the petition and determine how many of the signers live along Lotus Trail, and what percentage of the homeowners signed the petition for the street. The drainage problem at 6780 Lotus Trail was discussed. Bill Monk, City Engineer, stated that he felt the drainage problem was a separate issue and should be handled as such. Councilwoman Swenson moved to table this item until the Council has a feasibility study on the 6780 Lotus Trail drainage problem and that consideration be given to the overall pattern of the streets in Carver Beach. At the time this -is -to be considered, notices be sent to the petition signers. Council members will receive a copy of the original petition. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. SIGN COMMITTEE APPOINTMENT: Councilman Horn moved to appoint Michael Thompson to the Sign Committee. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. COMPREHENSIVE PLAN REVIEW: Mark Koegler reviewed,with the Council, the comprehensive plan. Councilwoman Swenson expressed concern about how the City will govern run-off to the lakes. F Council Meeting June 1t981 -3- Councilman Geving suggested that housing for senior citizens should be included in the goals and policies section. The location of the MUSA Line was discussed. The Planning Commission will be reviewing this at their next meeting. Councilman Neveaux expressed concern that he hoped the text would reflect both philosophies, the philosophy of the City of Chanhassen over the years, developed upon, and the fact that the City believes these figures are more reflective of true and future conditions, however, the City will accept the projections of the Metropolitan Council. AUTHORIZATION TO CALL FOR BIDS, 1981 BONDING, DOWNTOWN REDEVELOPMENT PROJECT: RESOLUTION #81-20: Councilman Geving moved the adoption of a resolution finding a need for the financing of the Chanhassen Downtown Project and authorizing the issuance of general obligation tax increment bonds to finance public improvement costs. Resolution seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. VENDING SERVICE CONTRACT: Councilwoman Swenson moved to accept the agreement for the concessionaire except that item 2 would be 8% of the net profit for the first month and 10% thereafter. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. ORDINANCE #47: Councilwoman Swenson is working on revising certain sections of this ordinance. LOTUS LAKE ESTATES OUTLOT B: Councilman Horn requested clear definitions of beach lots and conservation easements. Council members requested a copy of the conditional use permit, covenants and all pertinent minutes dealing with this property. HAZARDOUS WASTE SELECTION CRITERIA: Bob Waibel gave a report on a meeting he attended on July 11. SIGN COMMITTEE: Councilwoman Swenson asked council members for their opinion of advertising signs. Council members generally agreed not to allow them. Councilman Horn moved to adjourn. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Meeting adjourned at 12:40 a.m. Don Ashworth City Manager 0 June 12, 1981 Lei- h Rub The Honorable Tom Hamilton Councilwoman Pat Swenson e Councilman John Neveaux Councilman Dale Geving Councilman Clark Horn City of Chanhassen fL s 609 Coulter Drive Chanhassen, MN 55317 Dear Council Members: I am writing to you on behalf of the Lotus lake HOWL^w^er's Asso int;nn. At an Association meeting held Thursday, June 11, 1981, the members voted to go on record and formally indicate to you that we strenously object to the City's lack of enforcement of our ordinances and agreements. I respectfully submit and draw your attention to the attached letter copy, dated May 22, 1981, signed by Jerry Schlenk, who acted on behalf of the City of Chanhassen. This letter was purportedly sent to homeowners in Lotus Lake Estates after the City was notified that boats and docks were being placed on Outlot B, in violation of Section 28 of the Development Contract and Article 5 Section 5 of Declaration of Covenants, Conditions and Restrictions pertaining to Lotus Lake Estates. Several of our members have recently been told by City Staff that no legal action - enforcement - will be taken as Lotus Lake Estates Homeowners Association has filed for a "permit" Again, we strenously object! We believe the violation of the Development Contract and Declaration of Covenants is an issue that is distinct and separate from a process to obtain a "Permit". The violation of an agreement or the law must not be allowed to continue while one seeks an avenue around that violation. We are asking you for an equal application of our ordinances or the repeal of those that cannot or will not be enforced. Respec i ully, J hn Nicolay, re ident, otus Lake Homeowners Association ENCL. cc: Don Ashworth Craig Mertz 46 $4 0 H 01 43 0) -p s4 aj 4J r) a) x $4 w rd NMI-WIMM I Harry Wintermw% ordon Tock ichael Sorenson V., ichael Sorenson Peter Lustig wcif i,T,b.,,,,,.,a*&oger Byrne -Mark Colter tan Cronisteh. wMike Bol -�flichael Devit-L Swanson moo Ott', 1~ LOTUS LAKE ESTATES HOMEOWNERS ASSOC. AMENDMENT TO CONDITIONAL USE PERMIT REVISE[ Me June 10, 1981 This application is submitted as an amendment to our conditional use permit granted July 21, 1980, by the Chanhassen City Council. Following are our proposed changes and/or additions. 1. Five (5) fifty (50) foot seasonal docks on Outlet B, Lotus Lake Estates. Each dock will contain eight (8) boat slips. Because of the shallowness of the shoreline water, the first 15' - 20' of the dock will not allow boat docking. Two (2) docks will be installed upon approval of this application and the remaining three (3) would be installed as needed, but no later than Spring of 1985. 2. Two (2) additional canoe/small sailboat racks storing six (6) watercraft each. (Present conditional use permit authorizes two (2) canoe racks.) This would make a total of four (4) canoe/small sailboat racks. 3. Ten (10) sailboat mooring buoys for sailboats not suitable for rack storage. 4. One 10' x 10' swimming raft of wood construction with flotation. 5• Conversation pit - fire hole, three (3) feet in diameter with a six (6) foot apron. Entire construction of brick or masonary material. All improvements requested herein will be for the use of Lotus Lake Estates Homeowners Association members and their guests only. Dock construction will be either of Roll -a -dock, Port -a -dock type or of wood construction with galvanized pipe support posts and bottom feet support. (As of this writing all bids have not been received to allow a decision.) ,. t • -2 • Location of docks were chosen on these criteria; 1. Provide minimum of 75 ft. between dock and swimming area. 2. Allow movement of boats to and from dock area without endangering swimmers in beach area. 3. No grading, tree removal or drainage configuration would be required. 4. Non disturbance or development of natural wildlife habitat at northern portion of Outlet B. 5. Separate power boats and non -motorized watercraft usage areas. Steven E. Hemping, 115 Choctaw Circle, Chanhassen, Minn. (a member of the homeowners association) has consented to enjoin this dock application and withdraw his personal dock application to the City of Chanhassen, dated April 23, 1981, if said application is approved. Lotus Lake Estates Homeowner's Association Outlet B contains approximately 1800 feet of lake shore. As per the proposed city ordinance relating to the use of surface waters and adjoining shoreline in the City of Chanhassen (public hearing held May 27, 1981) the city would approve One hundred fifteen (115) watercraft (23 sites x 5 per site). We are proposing that the third, fourth and fifth docks and the third and fourth canoe/sailboat racks be erected when space requirements demand or the Spring of 1985, whichever comes first, but that they be considered as in place for any future city ordinances which may contain a "grandfather" clause. Dock space will be allocated among members only and will be on a seniority basis. Dock rights will be non -transferable, non -leasable, etc. A waiting list shall be maintained by the secretary of the association at all times. The association has been advised by the D.N.R. and Corp. of Engineers that no permits from their agencies are required for the proposed activities. r- �1DtA ?,J.;MItP EAiltPs G JA+ 0 Qr AA ePaOE RgcK PRESENTED BY B-T Land Company 473-8511 OWNED OPEN SPACE I M 140 07 )UTIDT A tom -mi.00-- -. ;M -Wrt/ 23300— " 133 I33 � J Mc COMBS — KNUTSON ASSOCIATES, INC. E M L i N E E F 5 • N 0 S U R v E 1 0 R S - r--w NEAR MOUWA.Iri PFAp ire: a ' �� � �yi•� "�I � � %s M 3 i�2 I � 1 Mc COMBS — KNUTSON ASSOCIATES. INC. PRELIMINARY PLAT E NG IN E NS •x0 S UX V EV OMi - LOTUO LAKE EiTATEi LoTus ZAIrt Es7A-rE* • - 4 M�,y6 �AF'f >S w v M SA b EAe H kt'p c i4o F1GQRf,vbS • • . /y q : Q���taX ;S-' CEA<N 5Q ` Y N / ooc ks 1 • • fyl /• =l � 1-,MI:m G.oTcc s LA IK 4 Es-ncrr S - fib-%E(t yATk • 00,1( eLfIA/ z/-/O/2E r' I ( CONDITIONAL USE PERMIT CASE NO. CUP City of Chanhassen Carver and Hennepin Counties, Minnesota APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Date of Application Escrow Paid Date_ Received by Applicant Name: t6TyS 1AA'E STATk3 Xo.,FOi+iE2C AS3oC, Last First Initial --� Address: ],?S (16" w CfRcILE L A.r k/ASS6 �/v SSrT/7 _ Number and Street City State Zip Code 44 es#ox -r s 1 Add-e.i;s: I2S CNoaTRw C/ft. ( /M-rt+pE5E"r es1/.r 5 3/7 Number and Street City State Zip Code Add?:es3 of property in question: 0 Legal description DuT[oT Q of 'Lo%4S property LA in HE question: ksT/? Present zoning of property: prtr[vT- Present use of property: EtrCItfWr/o,vAr Proposed use of property: JZf eafR-T7a.✓AL The following documents if appropriate shall be attached to this application: Date Received Initial CITY OF CHANHASSEN --WIMEIVED. 1. Site development plan 2. Dimension plan 3. Grading plan 4. Landscape plan J U N 41981 COMMUNITY DEVELOPMENT DEPT. -ls- ( Date Received 5. Abstracters Certificate 6. Escrow Account I hereby declare that all statements made in this application and the attached documents are true, and that I shall reimburse the City for all expenses incurred in processing this application for conditional use. Initia ig E ce Signature of A•ppliaLcant --- -- — ------ Signature_Dis,5 _. _. .. to _ - -- --- - -- - --- - -- Received by - Title - -- - - (Following to be completed by Zoning Administrator or City Official) CHRONOLOGY Date By Application on Planning Commission Agenda Plan Commission postponed -to ------ - ---- -- -- ------------- - Newspaper publicat on Adjacent property owners- notified Public Hearing Plan nin Commission action ^ pplication on Council Agenda Council- ostpoFed-to - ouncil Action Conditional --use contract executed - - Escrow returned - amount: anal -Ins ectron- ---- - ---- ---.. --------- --- - PLANNING COMMISSION RECOMMENDATION" --'--' — — -.-- On this- :day of - - -19--_- this --conditional -use ------------ permit was recommended for (approval), (disapproval) subject to the following conditions .__-_-_----------_.-__--.- Chairman of Planning Commission This application is submitted as a proposed amendment to the original conditional use permit granted July 21, 1980, by Chanhassen City Council. Our proposal is for the placement of three (3) fifty (50) foot in length seasonal docks on Outlet B, Lotus Lake Estates. Each dock will accomodate approximately 8 boats only; because of the shallowness of the lake water in the proposed locations (see attached drawing). Two docks would be installed upon approval of this application, the third would be installed in the Spring of 1982. Location of docks (see attached) were chose on these criteria: 1.) Provide minimum of 75' between dock and swimming beach area. 2.) Noh-disturbance or development of natural wildlife habitat at northern end of Outlet B. 3•) No grading, tree removal or drainage configuration would be required. 4.) , To spread the concentration of docks and boats (prevent "marina appearance"). The docks will be for the sole use of association members who are in good standing. They will be the personal property of the association and not that of any individual member. Steven E. Hemping, 115 Choctaw Circle, Chanhassen, Minn. (a member of Lotus Lake Estates Homeowners Assoc.) has consented to enjoin this dock application and withdraw his personal dock application to the City of Chanhassen dated April 23, 1981, if said application is approved. Dock construction will be either of the Roll -a -dock, Porta-dock type or of wood construction with galvanized pipe support posts with bottom feet support. (As of this writing all bids have not been received to allow a decision to be made.) Wood construction would be five (5) �M ten foot sections - 36" wide. The side slip section would be 10' outward - 20" wide. Lotus Lake Estates Homeowners Assoc. Outlet B contains approximately 1800 feet of lake shoreline. The small sanded beach swimming area and canoe racks now in place and the 3 docks herein requested,we feel, are consistent with the apparent desire of the city for the control of shoreline usage. The 3 year plan drawing illustrates the additional development we plan to make in the future. A.) Cohversation pit - fire hole, 3 ft. in diameter with 6' apron. Entire construction of brick. B.) Swimming raft - 10' x 10' wood construction with flotation. C.) Eight (8) sailboat mooring buoys The proposed 44 watercraft "parking" sites (24 dock slips, 8 sailboat moorings, 2 canoe racks (6 each) represent 1 watercraft pet lot. The pro- posed shoreline and water management ordinance suggests 5 boats per lot. Lotus Lake Estates has a minimum of 9 lake lots for a total of 45 water- craft per proposed ordinance. The association has been advised by the D.N.R. and Corp. of Engineers that no permits from their agencies are required for the proposed activities. PRESENTED BY B-T Land Company 473-8511 OPEN SPACE 1�140 •+�,s, Meo a OUTlOT '3i I jl I � J McCOMBS — KNUTSON ASSOCIATES, INC. [N41NE[RS ♦NO S VNV[VYRS �h'CJ �'.'� 7�� t h I✓�tlY� ILL (� - n 0 LI RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGH Jerry Schlenk Public Works Box 147 Chanhassen MN 55, Dear Mr. Schlenk: LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST MINNEAPOLIS. MINNESOTA SS402 I have received your letter of June 3, 1981, reporting the,eofftinuing presence of docks on Outlot B, Lotus Lake Estates, in violation of the City's development contract with the subdivider. It is my understanding that the homeowners association will be filing an application for development of the beach lot, including provision for limited dock space. I do not intend to prosecute this matter, so long as it appears that the homeowners association is actively pursuing the goal of obtaining City Council approval for the development plan. I will contact Mr. Waibel on June 10, 1981 regarding the status of the matter. Very truly yours, �0 CRAIG M. MERTZ Assistant Chanhassen City Attorney CMM:ner cc: Don Ashworth Aaron Babcock Scott Martin Bob Waibel RECEIVED JUN 5 1981 CITY Of CHAN14ASSEN CITY00F CHANHASSEi �l 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Russell Larson, City Attorney FROM: Jerry Schlenk DATE: June 3, 1981 SUBJ: Lotus Lake Estates Out Lot B. On May 22, 1980, notification was given to all property owners in Lotus Lake Estates to remove all boats and docks from the shoreline of Out Lot B. These boats and docks are in violation of the development contract and the restrictive covenants of Lotus Lake Estates. The owners of these boats and docks were given ten days to remove them from the shoreline of Out Lot B. I made another inspection of the property on June 3, 1981 and found that the boats and docks still remain on Out Lot B. This memo is authorization for your office to take whatever action is necessary to have the above mentioned violations corrected. cc: Don Ashworth, City Manager Arron Babcock Rick Murrary � t�pu0 05 LARSON & MiL,1?TZ V.� ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST RU56ELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 TELEPHONE CRAIG M. MERTZ (612) 335-9565 OI COUNSEL June 3, 1981 HARVEY E.SHAAR MARK C. MCCULLOUGM Scott A. Martin Community Development Director Box 147 Chanhassen MN 55317 Re: Proposed Recreational Beach Lot Ordinance Dear Scott: On May 29, 1981, I received a call from Bruce Malkerson, an attorney representing B-T Land Company, the developer of Lotus Lake Estates. Mr. Malkerson informed me that his client established the beach lot in Lotus Lake Estates with the intention that this outlot would ultimately be available for usage for residents of Lotus Lake Estates, including the undeveloped area where some ninety units may be located in the future. Specifically, Mr. Malkerson was interested in obtaining assurances that his client's development rights of this outlot would be protected under a "grandfather" clause in the new ordinance. I could offer Mr. Malkerson no assurances, however, I did advise him to , investigate the possibility of filing an immediate application for a conditional use permit setting forth the entire development plan for the entire beach lot, including any proposal for docking facilities to be provided to residents of the 2nd and 3rd Additions once those plats are approved. No action on your part is required at this time, however, I thought you would be interested in knowing of this upcoming proposal. CMM:ner cc: Bob Waibel Very truly yours, CRAIG M. MERTZ Assistant Ohanhassen City Attorney CITY OF CHANHASSEN RECEIVED AIN 41981 COMMUNITY DEVELOPML141 UEPT. 6 CITYbF CHARBASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 May 22, 1981 Enclosed please find City of Chanhassen (a) Plat of Lotus Lake Estates B-T Land Company Development Contract, (b) Declaration of Covenants, Conditions, and Restrictions, (c) Declaration -Development, (d) Articles of Incorporation of Lotus Lake Estates Homeowners Assoc- iation. Section 28 of the Development Contract. Limitations on Alterations Outlot B. No portion of Outlot B shall be developed, altered or dis- turbed in any way except after first having obtained a permit from the Chanhassen City Council for any such development, alteration or distur- bance. Declaration of Covenants, Conditions, and Restrictions. Article 5. Section 5. Miscellaneous.0utlot B, Lotus Lake Estates, when conveyed to the Homeowners Association ikall be reserved for the sole use of the property owners within the plat of Lotus Lake Estates. Said Outlot B shall be classified as non -dedicated open space under the Chanhassen Zoning Ordinance, to which the provisions of $ 21.03 thereof shall apply. The Homeowners' Association shall, in its sole discretion, determine and regulate parking of motor vehicles, docking of watercraft, and erection of structures on said Outlot B. Overnight camping shall not be permitted or allowed on said Outlot B. In addition thereto, no portion of said Outlot B shall be developed, altered or disturbed in any way without ob- taining a permit therefor form the City of Chanhassen. If you have a boat or a dock on Outlot B you are in violation of both the Development Contract and Covenants and Restrictions of Lotus Lake Estates. If the boats and docks are not removed within Ten (10) days of this Notice, this will be turned over to the City Attorney's Office and the Lotus Lake Estate Homeowners Association for legal act- ion against you. If you do not have a boat or dock in Outlot B, please use this as an informational notice only. Your cooperation will be appreciated. b y,5 ern_ h ent Public Works Director cc Russ Larson Don Ashworth • April 23, 1981 Steven E. Hemping 115 Choctaw Circle Chanhassen, MN. 55317 City of Chanhassen 7610 Loredo Chanhassen, ^N. 55317 SUBJECT: Lotus Lake Dock Permit TO WHOM IT MAY CONCERN: Attached is a plot of the Lotus Lake Estates development and a sketch of where I would like to keep my dock and boat in Lotus Lake. I would appreciate your consideration and approval of a dock permit for that purpose. I understand there is some concern by lake owners of how Lotus Lake is utilized. I share that save concern, for having lived on two previous twin city area lakes prior to building here, I strived for the right combination of recreational usage and conservation. Prior to purchasing Lot 9 of Lotus Lake Estates, we had several discussions with city council representatives and the DNR about puting my dock in front of my property. Based on their input, I placed my single 30 foot section, Porta-Dock, 6 feet from the shore line. (See attached Plot drawing) If additional information is needed please don't hesitate to call me at 934-5172. I do appreciate your assistance in securing the dock permit as requested. Thanking you in advance. Sincerely, JZemping Steven, RECEIVED MAY 2 6 1981 CITY OF CHANHASSEN lotus i'Lahr Eslatro PRESENTED BY B-T Land Company 473-3511 vrEN My ldr SPACE " 40 .< CITY OF CHANHASSEN CONDITIONAL USE PERMIT BEACH LOT -LOTUS LAKE ESTATES This permit and agreement, made and entered into this /0 '. day of f cd�i , 1981, by and between B-T Land Company (hereinafter BT and Lotus Lake Estates Homeowners Association (hereinafter the Association), and the City of Chanhassen, a Minnesota municipal corporation (hereinafter referred to as the City); WITNESSETH: That the City, in exercise of its powers pursuant to M.S. §462.357, and other applicable state law, and §7.04 of the Chanhassen*Zoning Ordinance, hereby grants to BT and the Association herein a conditional use permit to maintain and operate a private neighborhood association recreational area upon Outlot B, Lotus Lake Estates, Carver County, Minnesota (hereinafter the Subject Property), subject to the following terms and conditions, all of which shall be strictly complied with as being necessary for the protection of the public interest: Section 1. Recitals. 1.01. Prior Platting of Lotus Lake Estates. BT has a previously platcea tract of land in the City as Lotus Lake Estates, consisting -of 44 residential lots and 3 Outlots. 1.02. Outlot B. In connection with the platting of said Lotus Lake Estates; BT has entered into a development contract with the City of Chanhassen dated January 5, 1979, wherein BT agreed to organize a homeowners association for the purpose of owning and operating the Subject Property for the benefit of the owners of properties lying within said plat. Said development contract further provides that BT shall suffer no alterations of the Subject Property except after first having obtained a condi- tional use permit from the City setting forth a plan for the alteration and development of the Subject Property. BT has now presented to the City a plan for the partial development of the Subject Property and has petitioned the City for the issuance of a conditional use permit. 1.03. Homeowners Association. BT has incorporated the Associati n for the purpose o acquiring and maintaining certain common properties including the Subject Property for the benefit of the owners of lots in the plat of Lotus Lake Estates, and for the benefit of the owners of any lots platted in the future by a further subdivision of Outlot C, Lotus Lake Estates. 1.04., Dovel2pment Chronology. A. The City Planning Commission held a public hearing on June 25, 1980 to consider the issuance of the within conditional use permit and to consider the approval of BT's alteration plan for the Subject Property. B. The City Council, by its resolution of July 21, 1980, approved the issuance of the within conditional use permit and approved BT's alteration plan. Section 2. Special Conditions 2.01. Permit Not Transferable. This permit is personal to BT and to the Association, and is not assignable or transferable except upon the written consent of the City. 2.02• Release of BT. The City, upon written request, shall release BT from its obligations hereunder upon receipt of documentation which demonstrates (a) the proper incorporation of the Association pursuant to Chapter 317 of Minnesota Statutes, and (b) the conveyance of title to the Subject Property in fee simple to the Association for the benefit of all owners of lots in Lotus Lake Estates. No such release shall be given until such documentation has been approved by the City Attorney as to legal sufficiency. No such release as to BT shall have the effect of releasing the Association from its obligations, covenants, and agreements hereunder. 2.03. Rights Under This Permit Not Expandable to Other Owners. This permit is issued or the ucnerit of the owners .of the 44 lots in Lotus Lake Estates and for the benefit of the owners of any lots platted in the future by a subdivision of Outlot C, Lotus Lake Estates. BT and the Association agree that the use and enjoyment of the Subject Property shall be limited to the owners of lots in Lotus Lake Estates. The -use and enjoyment of the Subject Property may not extend to persons other than such owners. The term "owners" as utilized in this §2.03 shall mean and refer to any natural person who is either (a) the record owner of fee simple interest, or (b) the record owner of a contract for deed vendee's interest, or (c) the holder of any possessory leasehold interest, in tice wholeof any lot ar Gut}e 0� in Lotus Lake Estates, including authorized guests and family members of any such persons.gn 2•T_ Description of Property Subject to This Permit The premises subject to the within conditional use permit are described as follwos: Outlot B, Lotus Lake Estates, according to the map or plat thereof on file and of record in the Office of the County Recorder, in and for Carver County, Minnesota. 2.05. Certain Site Alterations Authorized. BT and the Association are tcereby authorized to install a sand blanket swim area, pedestrian walkway and two canoe racks (with storage capacity -2- of six canoes per rack) as shown on the alteration plan, City Council Exhibit A, dated July 21, 1980. The swim area shall be marked with a minimum of three anchored1swim area" buoys that are in accordance with the Uniform Waterway Marking System. Said buoys shall be anchored at a reasonable distance from shore. The above described pedestrian walkway shall connect Choctaw Circle with the sand blanket area and shall consist of wood chips installed on a sand base and boardwalk steps on the steep slope area of the walkway. Except as provided in said alteration plan, no portion of the Subject Property may be developed, altered, or disturbed in any way. 2.06. Trees. In carrying out the above described alterations, the Association and BT each agree to use every effort to keep tree loss as an absolute minimum. 2.07. Schedule of Work. BT and the Association agree that it shal have all work done and the improvemens described in S2.05 above fully completed to the satisfaction and approval of the City on or before June 1, 1982. Upon receipt of written notice from either BT or the Association of the existence of causes over which BT and the Association have no control which will delay the completion of the work; the City, in its discretion, may extend the date hereinabove specified for completion. 2.C9. Erosion Control. BT and the Association at their expense, shall provide temporary dams, earthwork or such other devices and practices, including seeding of graded areas, as shall be needed, in the judgment of the City Engineers, to prevent the washing, flooding, sedimentation and erosion of lands and roads within and outside the Subject Property during all phases of construction. BT and the Association shall keep all public streets free of all dirt and debris resulting from their construction upon the Sbuject Property. 2.09. Certain Structures Prohibited. Except for the two canoe racks described above, no structure, dock, pier, boat rack, mooring bouy, or swimming platform shall be constructed, erected, or maintained on the Subject Property or in the waters abutting the Subject Property. 2.10. Camping Prohibited. No owner,,as defined in S2.03 hereinabove, or other person shall camp overnight on the Subject Property. 2.11. Motor Vehicle Parkinq and Boat Storage. No water- craft shall be parked or stored overnight or on a permanent basis on the Subject Property except for canoes stored in the above described canoe racks. Except for construction equipment necessary for the execution of BT's plan and as necessary for the maintenance of the Subject Property, no motor vehicle shall be driven upon or parked upon the Subject Property. No boat trailer, shall be allowed upon the Subject Property. Nothing in the pre- ceding three sentences shall be deemed to prohibit the launching of any watercraft from the Subject Property if accomplished without the assistance of any motor vehicle or trailer or wheeled dolly upon the Subject Property. - 3- Section 3_ Municipal Ui__claimer___ 3.01. No Liability to Suppliers of Labor or Material. It is unocrstood and agreed that the City, the City Council and the agents and employees of the City shall not be personally liable or responsible in any manner to BT or the Association, their contractors, or subcontractors, materialmen, laborers, or to any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this permit and agreement or the performance and completion of the work and improvements hereunder and the BT and the Association will save the City, the City Council, and the agents and employees of the City harmless from any and all claims, damages, demands, actions or causes of action arising therefrom and the costs, disbursements, and expenses of defending the same. 3.02. Written Work Orders_. BT and the Association shall do no work nor furnish materials, whether covered or not covered by DT's plan, for which reimbursement is expected from the City unless a written order for such work or materials is received from the City. Any such work or materials which may be done or furnished by BT or the Association without such written order first being given shall be at its own risk, cost and expense, and BT and the Association hereby agree that without such written order, they will make no claim for compensation for work or materials so done or furnished. Section 4. Miscellaneous. 4.01. SeverabilitX. In the event any provisions of this permit shall be hel invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall notinvali- date or render unenforceable any other provision hereof, and the remainir3 provisions shall not in any way be affected or impaired thereby. 4.02. Execution of Counterparts. This permit may be simultaneously executed in several counterparts, each of.which shall be an original, and all of which shall constitute but one and the same instrument. 4.03. Headings. Headings at the beginning of sections and paragraphs hereof are for convenience of reference, and shall not be considered a part of the text of this contract, and shall not influence its construction. 4.04. Proof of Title. Upon request, BT and the Association shall F nish the City with evidence satisfactory tothe City that they have acquired fee title to the Subject Property fwto. 10 ., «(,Vejk b1 P)r �. •w �.� it, p�. .}•..pi. 1 of k. r.. t=. i 4.05. Notices. All notices, certificates and other communications hereunder shall be sufficiently givenandshall be ��t+ deemed given when mailed by certified mail, return receipt y� requested, postage prepaid, with proper address as indicated below. rl' The City and BT and the Association, by written notice given by one to the other, may designate any address or addresses, to which -4- notices, certificates or other communications to them shall be sent when required as contemplated by this permit. Unless otherwise provided by the respective parties, all notices, certificates, and communications to each of them shall be addressed as follows: To the City: City of Chanhassen City Hall 7610 Laredo Drive Chanhassen MN 55317 Attn: City Manager To B-T B-T Land Company 1055 East Wayzata Blvd. Wayzata MN 55391 To the Association: Lotus Lake Estates Homeowners Assoc. 1055 East Wayzata Blvd. Wayzata MN 55391 4.06. Owners to be Notified of This Permit. The Association shall-Turnish each owner, as that term is e fined in §2.03 above, with a copy of this permit within thirty(30) days of the signing of this permit and shall furnish each future owner, as that term is defined in 52.03 above, with a copy of this permit, within thirty (30) days of any such owner's initial occupancy of any residential structure in Lotus Lake Estates. 4.07. Term of This Permit. This permit shall expire on July 21, 2010. Section 5. Enforcement Provisions. 5.01. Reimbursement of Costs. BT and the Association shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of the within permit and the Performance thereby by BT and the Association. Such reimbursement shall be made within fourteen (14) days of the date of mailing of the City's notice of costs as provided in 54.05 above. The reimbursement obligation of BT and the Association under this section shall be a continuing obligation throughout the term of this permit. 5.02. Remedies Upon Default. A. Assessments. In the event either BT or the Association sha efault in the performance of any of the covenants and agreements herein contained, and such default shall not have been cured within ten (10) days after receipt by BT and the Association of written notice thereof, the+ City, if it so elects, may cause any of the improvements described in BT's plan to be constructed and installed or may take action to cure such default and may cause the entire cost thereof, including all reasonable engineering, legal, and administrative expense incurred by the City, to be recovered as a special assessment under M.S. Chapter -5- 429, in which case BT and the Association agree to pay the entire amount of the assessment roll pertaining to any such improvement within thirty (30) days after its adoption. BT and the Association further agree that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on the Subject Property for any amount so unpaid, and the City shall have the right to foreclose said lien in the mariner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineers, the notice requirements to BT and the Association shall be and hereby are waived in their entirety, and BT and the Association shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. B. Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to prevent violations of the within permit, to restrain or abate violations of the within permit, or to prevent use or occupancy of the Subject Property. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on this /t.Ll� day of 1981. B-T LAND COMPANY LOTUS LAKE ESTATES HOMEOWNERS •� ASSOCIATION By 6W By�- i t s —7 ,. n. its i. ' 1 - And 4 - -- And C r Attest City Clerk Manager 7 v STATE OF MINNESO•TA) COUNTY OF ss. #11 On this (•'AA day of il.,.!, , 19 $/ , before me, a notary public within and —for said county, personally appeared SI and K'„� i� fr% ri.•../ to me persona ly known, who, being each by me du y1- sworn did say that they are respectively the 1Tr;Li..1 l and the 1/c V;, y��(;,4- of B-T Land Company, and that sa!_� i'nstrument was signect in behalf of said corporation by authority of its Board of Directors, and said G_t';_"'L_� � r Il/r}I and '.ct I) ,21c rrs, acknowle gd L said instrument to be Lhe free act an eed said cor oration. M.LEE GLOVER .y NOTARY I" 'IL • IN IC WRIGHT COUNTY My Commnoen E+po.s Aug 6. 1956 Notary u lie\ STATE. OF MINNESOTA) \ J ) ss. COUNTYOFL'lli;oo i- ) On this _/,-- - day of 1 19 7I before me, a notary public within and for said county, personally appeared /�„ l.._ v.,bre. and to me personally known, who, being each by me duly sworn, did say that they are respectively the ��<< - �'„ < ,(;,.+ and Of Lotus Lake Estates Homeowners Association, and that said instrument was signed in behalf of said corporation by authority of its Board of Directors, and said (�r,1c.. Px.%rocK_ atad- acknowledged said instrument to be the free act and deed of said corporation. LZT RICK D. MURRAY TARY Pll9l1C • MINNE90TACARVER COUNTYam -Swon E.pi,N Aug 6, 1986 STATE OF MINNESOTA) ) ss. COUNTY OF ) Notary Public l On this day of 1 19 before me, a notary public within and for said county, personally appeared Thomas Hamilton and Donald W. Ashworth, to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Manager of the municipal corporation named in the foregoing instrument, and that said instrument was ` signed and sealed in behalf of said municipal corporation by authority of its City Council, and said Thomas Hamilton and Donald W. Ashworth acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public LI i DEPARTMENT OF THE ARMY ST PAUL DISTRICT. CORPS OF ENGINEERS 1136 U. S. POST OFFICE & CUSTOM HOUSE ST PAUL. MINNESOTA 65101 REPLY TO ATTENTION OF: NCSCO-RF (81-143-12) Mr. Aaron Babcock 125 Choctaw Circle Chanhassen, Minnesota 55317 5 MAR 1981 This is the validated copy of your Department of the Army permit. Please be advised that the authorization hereby granted is contin- gent on your compliance with all conditions stated in the permit and its attachments. The inclosed Notice of Authorizatio:: (yellow card) should be con- spicuously displayed at the worksite. We have also included a two- part card, postage -paid and addressed to us. Half of the card is to be returned when the work is begun, and the other when it is finished. This Federal authorization does not permit you to commence the proposed activity without first obtaining any necessary State and/or local permits. 3 Incl 1. Permit 2. Notice of Authorization 3. Card 44 . f - WILLIAM W. BAD Colonel, Corps Engineers District Engineer CITY OF CHANHASSEN RECEIVED JUN 2 3 1981 COMMUNITY DEVELOPMENT DEPT 6 Riley- Purgatory Creek Watershed District 8950 COUNTY ROAD #4 EDEN PRAIRIE, MINNESOTA 55344 January 7, 1981 Mr. Kent Lokkesmoe Regional Hydrologist Department of Natural Resources 1200 Warner Road St. Paul, Minnesota 55106 Re: -MDNR Chapter 105 Construction of a Sand Beach Permit Lotus Lake Estates: Chanhassen Dear Mr. Lokkesmoe: The Board of Managers of the Riley -Purgatory Creek Watershed District has review the plans and MDNR Chapter 105 permit application for the con- struction of a sand beach as submitted to the District for the Lotus Lake Estates Development in Chanhassen. The Managers recommends that the Minnesota Department of Natural Resources approve this permit subject to the following conditions: 1. The District requests to be notified 48 hours prior to commencement of construction. . If you have any questions regarding the District's comments, please call us at 920-0655. RCO/111 c: Mr. Frederick Richards Mr. Frederick Rahr Mr. Aaron Babcock Sincerel , Ro ert C. Obermeyer BARR ENGINEERING C Engineers for the District Approved by the Board of Managers RILEY-PURGATORY CREEK WATERSHED DISTRICT _ L , / Q4,,_ ''resident Date: // /� INVENTCPAY .AND I{ VA.P[JATION SOIL AND WATER RESOURCES FOR THE CARVER SOIL & WATER CONSERVATION DISTRICT COUNTY OFFICE BUILDING WACONIA, MINNESOTA 55387 BEACH SAND BLANKET OUTLOT B, LOTUS LAKE ESTATES DNR APPLICATION FOR PERMIT $ 81-6121 12/22/80 DN1Q REQUESTM BY: AARON BABCOCK LOTUS LAKE ESTATES HOMEOWNERS ASSOCIATION 125 CHOCTAW CIRCLE CHANHASSEN, MINNESOTA 55317 REVIEWED BY: DONALD C. BERG, DISTRICT CONSERVATIONIST USDA SOIL CONSERVATION SERVICE COUNTY OFFICE BUILDING WACONIA, MINNESOTA 55387 JANUARY 7, 1981 �0 � JA*N 1981 RECEIVED c+� VILLAGE OF - CKANMASS04 MINK — SCS-CONSS t U. S. DEPARTMENT OF AGRICULTURE ass 0FILE CODE CONS-iC-S SOIL CONSERVATION SERVICE INVENTORY & EVALUATION OF LAND, WATER, AND RELATED RESOURCES Lotus Lake Estates REQUESTED BY Homeowners Association LOCATION Outlot B, Lotus Lakes Estates Donald C. Berg ASSISTED BY District Conservationist DATE January 7, 1981 * ❑ INDIVIDUAL ® GROUP ❑ UNIT OF GOVERNMENT SITUATION: Lotus Lake Estates Homeowners Association has applied to DNR for a permit to install a 50 x 50 foot sand blanket in Lotus Lake to provide for an im- supervised by parents. SUGGESTED SOLUTION(S) There are three potential problems to solve. The first is water safety. Who acts as life guards and during what hours? Who is responsible for providing and maintaining approved buoys around the swimming area and picks up and removes trash from the area? The second is water quality. Are there any potential health problems, swimmers itch, etc., that would be of concern to swimmers? Will algae bloom be a problem for any great length of time during the swimming season? The third is the access trail from Choctaw Circle. The first 100 feet is steep and becomes moderately steep 50 feet to the lakeshore. This access trail could be- come a continuing erosion problem if it is not surfaced and maintained, and perhaps would be needed. *Check appropriate category I 77� I CMG VC6. VILLAGE PUBLIC ACC�ES M. W. A. /9' BEACH 1 _X- - I ram,.•/ • WOODED AREA i BM#2' i i� WA. 1 I IYATER F SN Of TNC a AF�F r�pt1,LFMEfiT - t! !'^ci l i HAZARDS I I C H A N H A S S EN r- NIN yiy rE '10' —15 WOODED AREA U P 2r �-� - 6 - - r.—� — - 12 7 ,1 W. A. J. \5' \10' O is, ; ROCKS V —20 Z © W �I Z 27' A. vZ 101 W A. 30 2 20, MAXIMUM IS � - DEPTH I W. Pptlf,t pU0 PpU� ' Sf• �` P .B8Kt2 t[o, :OdO. 1801N 30 311S 3H1 IV 03AV1dS10 MUUMUU 381SOW 331ION SIHI 9EEf uu0J DO saaauT2ug ;o sdao0 'TauoTOD /iI Vq •M xvilliTM " i' 'MI23 lows4 839wnN 11WSU LTE95 e3083uu}K 'uasssque140 i OVITO .as3301D SZT 33111WH3d 40 S938(3aV uoT3vToosey �:. Tg 6•l S 2itfW NO ssauMoamog sa3s39g axs7 sn3oZ Ol 43fISSl N339 SVH E3osauuTX '63uno0 aetav0 `'M EZ "a ` M 911 '1 'T 'oas ;0 VIS aq3 uT 03Ts a 1V M x aos d . a e7 sn3o7 uF p T aq TT� TTT3 sTg1 •eats SuFg3squns 3oo3-SZ fq 30O3-OS s Pus saxs gosaq zoo;-0 Aq 3003-05 a 103 TTF3 Puss ;o sPauf OTgno OL ST93emTxozdds aosTd 01 11WN3d NOIIVZIHOHIOV J0 39110N Sb33NION3 d0 SdbO:) AWSV Mi JO 1N3W18dd3a e o' i r d t )n 1 NA-02633-01 14 Rev. 4/72 1 PERMIT NO. ow Re ❑ APPROPRIATION AND USE OF WATER X WORK IN THE BEDS OF PUBLIC WATERS HAS BEEN ISSUED TO mv, - A " 0 (Apdcmw, By The COMMISSIONER MINNESOTA DEPARTMENT OF NATURAL RESOURCES P r � I1 1�. I 1 3 is EXPIRATION DATE POST CONSPICUOUSLY AT PROJECT SITE A � ', f STATE OF MINNESOTA w'0'0 DEPARTMENT OF NAi"URAL P,ESOURCF Rave 11/70 !VISION OF WATERS, SOILS AND rAINE P.A. n1o. 31-6121 a tennial Office 6uilrling. St. Paul, Minnesota, d1 IN THE MATTER OF THE APPLICATION OF LOTUS LAKE H014EOWNER IS ASSOCIATION i for a PERMIT TO CHANGE THE COURSE, CURRENT, OR CROSS SE CT ION of Lotu Lake (10-6) I / Carver County. PERMIT Pursuant to Minnesota Statutes, Chapter 105, and on the basis of statements and information contained in the permit application, letters, maps, and plans submitted by the appplicant, and other supporting data, all of which are made a part hereof by reference, PERMISSION IS HEREBY GRANTED to Lotus LaKe Homeowner rs Association whose address for the purpose of notices and other communications pertaining to this permit is CIO Aaron Rabcock which address is subject to change by written notice from the permittee. 125 Choctaw Circle, Chanhassen, MN 55317 To place sand blanket at site indicated in application and plans received December 22, 1980, and in full accordance with the attached special provisions. Sand blanket dimensions shall not exceed 50 feet along the shore, 30 feet waterward of the ordinary high water level (896.3 NGVD, 1929), and 6 inches thick. PROPERTY DESCRIBED as: Outlot B, Lotus Lake Estates, SE„ Section 1, T116N, R23W for the purpose of safe swimming beach. Carver COUNTY This permit is granted subject to the following GENERAL and SPECIAL PROVISIONS: GENERAL PROVISIONS t. This permit is permissive only and shall not release the permittee from any liability or obligation imposed by Minnesota Statutes, Federal Law or local ordinances relating thereto and shall remain in force subject to all conditions and limitations now or hereafter imposed by law. 2. This permit is not assignable except with the written consent of the Commissioner of Natural Resources. 3. The Director of the Division of Waters, Soils and Minerals shall be notified at least five days in advance of the commencement of the work authorized hereunder and shall be notified of its completion within five days thereafter. The notice of permit issued by the Commissioner shall be kept securely posted in a conspicuous place at the site of operations. 4. No change shall be made, without written permission previously obtained from the Commissioner of Natural Resources, in the hydraulic dimensions, capacity or location of any items of work authorized hereunder. 5. The permittee shall grant access to the site at all reasonable times during and after construction to authorized representatives of the Commissioner of Natural Resources for inspection of the work authorized hereunder. 6. This Permit may be terminated by the Commissioner of Natural Resources, without notice, at any time he deems it necessary for the conservation of the water resources of the state, or in the interest of public health and welfare, or for violation of any of the provisions - of this permit, unless otherwise provided in the Special Provisions. SPECIAL PROVISIONS 1. Construction work authorized under this permit shall be completed on or before November 30, 1981 Upon written request to the Commissioner by the Permittee, stating the reason therefore, an extention of time may be obtained. 11. The excavation of soil authorized herein shall not be construed to include the removal of organic matter DOES NOT APPLY unless the area from which such organic matter is removed is impervious or is sealed by the application of bentonite after excavation. III. In all cases where the doing by the permittee of anything authorized by this permitshal l involvethemking, using,ordamagingof any property rights or interests of any other person or persons, or of any publicly owned lands or improvements thereon or interests therein, the permittee, before proceeding therewith, shall obtain the written consent of all persons, agencies, or authorities concerned, and shall acquire all property, rights and interests necessary therefor. IV. This permit is permissive only. No liability shall be imposed upon or incurred by the State of Minnesota oranyofitsofficers,agenmoremployees, officially or personally, on acccu it of the granting hereof or on account of any damage to any person or property resulting from any act or orission of the permittee or arty of its agents, employees, or contractors relating to any matter hereunder. This permit shall not be construed as estopping or limiting any legal claims or right of action of any person other than the state against the permittee, its agents, employees, or contractors, for any damage or injury resulting from any such act or omission, or as estopping or limiting any legal claim or right of action of the state against the permittee, its agents, employees, or contractors for violation of or failure to comply with the provisions of the permit or applicable provisions of law. V No material excavated by authority of this permit nor mat •rial from apy other yrc€ exce t as specified heroin shall be laced on an portion of the bad of said waters which lies below. _ tthe ordrna_tl ova er level (8.9 3 g]GVD 19y19) . It shall be the duty of the permittee to determine correctly all pertinent elevations at the site of the work for the purpose of complying with the conditions of this permit. VI. Any extension of the surface of said waters mw!ting from work authorizer) by this permit shall become public waters and left open and unobstructed for use by the public fover) SPECIAL PROVISIONS Vll. Receipt is hereby acknowlerS DOES NOT APPLY as payment for cubic yards of sand, gravel or rock and cubic yards of muck and slit, ,is; estt d amount of material to be removed netuccl... computed at the rate of ten _ents per cubic yard for sand and g: avel and two cents pet cubic yard for muck and silt. Permittee agrees by acceptance of this permit as shown by commencement of work authorized hereunder to pay, by certified check, bank or postal money order, made payable to the State Treasurer and delivered to the Director, Division of Waters. Soils and Minerals, Department of Natural Resources, Centennial Office Building. St. Paul, Minnesota 55101, for any material removed from the bed of public waters in excess of that so estimated, at the above rate within thrity days after completion of the work authorized hereunder. SEE ATTACHED SPECIAL PROVISIONS cc: Tim Fell, USCOE Riley -Purgatory Creek WSD --'City of Chanhassen DATED AT ST. PAUL, MINNESOTA, THIS DAY OF Carver County SWCD � Lotus Lake filey St. Paul Waters Bill Mihelich, C.O. Division of V ratQ s, BEDS OF PUBLIC WATERS • DATE: 2-11-81 VIII. SPECIAL PROVISIONS (Only the numbered Special Provisions apply to this permit) The permittee shall comply with all rules, regulations, requirements, or standards of the Minnesota Pollution Control Agency and other applicable federal, state, or local agencies. The use of explosives in any of the waters of the state is prohibited unless the local State Conservation Officer is notified thereof at least 48 hours in advance of the time the work is to be done. (M.S., Sec. 101.42, Subd. 11). Before construction and after completion of the project authorized, permittee shall supply the Regional Hydrologist with photographs of the project area. Spoil material shall not be placed on the beds of public waters, and, wherever possible such material should not be placed anywhere within areas subject to flooding. In the event spoil must be placed within flood plain areas because areas free from flooding are not readily available, the spoil should be placed parallel to the direction of fl oo flow and/or spread over a large area so as to minimize any possible obstruction to the passage of flood waters. Future maintenance of this project shall not exceed the dimensions herein authorized. Prior to commencing any maintenance, permittee shall advise the Regional Hydrologist. Maintenance excavation shall not be commenced until permittee's receipt of the Regional Hydrologist's approval. Ix, This permit does not obviate any requirement for federal assent from the U.S. Corps of Engineers, 1210 U.S. Post Office and Custom House, St. Paul, M. 55101 Permittee shall seed a strip of land abutting both sides of the ditch to permanent grasses and legumes, these strips to meet one of the following standards: a. Each strip shall be at least 40 feet wide for the full length of the excavated ditch and shall not be mowed prior to July 15 in any year: or b. Each strip shall be at least 25 feet wide for the full length of the excavated ditch, provided mowing of these narrower strips shall not be done. Any organic materials or mud wave that may be raised or pushed up above the existing lakebed as a result of grade fill placement shall be removed to the satisfaction of the Department of Natural Resources. X. Permittee shall notify the Regional Hydrologist at 296-7523, and Conservation Officer Bill Mihelich , at 442-4130 , 48 hours prior to intent to commence authorized work. XI. Permittee shall notify the Regional Hydrologist immediately upon completion of author- ized work so that a final inspection can be conducted. (SEE REVERSE SIDE FOR ADDITIONAL PROVISIONS, IF ANY) Enen work is perfori;�d by contract, the pernittee shall, prior to commencement of ' work,, notify the Regional Hydrologist, in rriting, the name of the contractor, the address, phone number and project forerun for project. Permittee shall prepare or require the contractor to prepare a comprehensive erosion and sediment control plan addressing construction and final grade stabili- zation to prevent erosion and sedimentation into public waters. Such plan shall include, but not be limited to, bale diking, temporary ponding, temporary and/or permanent sodding, seeding, mulching and netting. Such plan shall be completed -- prior to commencement of authorized work and submitted to the Regional Hydrologist for inclusion in permit file. xzr. Permittee shall ensure that the contractor has received and thoroughly understands all conditions of this permit. xzrr. Permittee and contractor are hereby advised that any violation of the conditions of this permit constitute a misdemeanor, punishable by a fine of $500 and/or 90 days in jail. All exposed soil resulting from the authorized activity shall, within 48 hours of completion of such work, be seeded with a mixture of perennial and annual grasses and then mulched with straw or similar mulch. The use of sod as erosion protection will preclude the need for seeding and mulching, provided the sod is installed with- in the alotted time period and is staked on slopes steeper than 4 feet horizontal distance every 1 foot of vertical rise. FEB 1981 RECE/VED CNALJ AGE jF "n" I, LOA 1,Lakr Es%tes PRESENTED BY B-T Land Company 473-8511 OWNED OPEN SPACE ii n e�Oro a siy�?i--C/i9 9i OUTWT A t4 4w -Wrsl 231w-. i3 133 � J Mc COMBS — KNUTSON ASSOCIATES, INC. E N 4 X E E R 5 A N D S U R V E Y 0 R S L a Mt COMBS - KNUTSON ASSOCIATES. INC. PRELIMINARY PLAT E Nc 1 N E E xS allo s uNv Eroxs -LOTVO LAKE ESTATES Conn it Meeting July 0 1980 0 -2- CCNDITIONAL USE PERMIT, LOTUS LAKE ESTATES BEACH IOT'AND ENTRANCE SIGN VARIANCE: Members of the Lotus Lake Estates Homeowners Association are requesting approval to establish a beach lot between Lot 35, Block 2 and Lot 9, Block 1. They are proposing to install a sand blanket six inches deep and also install two canoe racks. Councilman Neveaux moved to approve a conditional use permit for a beach lot conditioned upon: 1. That the beach lot consist of a sand blanket, swim area, and two six capacity cane racks as shown on the site plan, City Council Exhibit A, dated July 21, 1980. 2. That the swim area be marked with a minimum of three "swim area" buoys that are in accordance with the Unifonn Waterway Marking System. 3. That the swim area be marked by the above anchored buoys at a reasonable distance from shore. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geeing, and Swenson. No negative votes. Motion carried. The homeowner's association is requesting a sign permit to erect an entrance sign at Choctaw Circle and Chanhassen load. The proposed sign will not be lighted and will be made of wood. Staff and the Sign Committee recommended approval of a variance. Councilman Swenson moved to grant a variance for the installation of an entrance sign in the public right-of-way. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Notion carried. PLAN - FOX CHASE ADDITION was answer : John Shardlow Councilman Neveaux moved to approve the final development plan based upon the configuration of 52 lots as presented to the City Council April 7, 1980. Notion seconded by Councilman Geeing. The following voted in favor: Councilmen Pearson, Neveaux, Geving, and Swenson. Mayor Hobbs voted no. Notion carried. Councilman Neveaux moved to approve the final development plan for Fox Chase Addition subject to items 2, 3 and 4 of the City Manager's report dated July 17, 1980, and items 1-5 in the land Use Coordinator's report of July 9, 1980. Notion seconded by Councilman Pearson. The following voted in favor: Councilmen Pearson, Neveaux, Geving, and Swenson. Mayor Hobbs voted no. Notion carried. VARIANCE REQUEST, LOTS 653-658, 683-688, CARVER BEACH: Mike Sorenson is seeking two lot area variances of 3,000 square feet each. The Board of Adjustments and Appeals recommended approval provided that lots be combined as parcel one being Lots 653-658 and parcel two being Lots 633-688. Councilman Neveaux moved to accept the Planning report of July 16, 1980, and the Board of Adjustments and Appeals recommendation and the land Use Coordinator's memorandum of July 11, 1980, points 1-3. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and Swenson. No negative votes. Notion carried. POINT: Ron and Sherry Ytzen are requesting an 8,000 square foot lot area variance, a 25 foot rear yard setback variance to the Shoreland Management Ordinance, and a front yard variance of 14 feet in order to build a home. The existing cabin will be demolished. I CITY qVF CHANHASSEN 7610 LAREDO DRIVE*P.O. BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM DATE: July 17, 1980 TO: City Manager, Don Ashworth FROM: Land Use Coordinator, Bob Waibel SUBJ: Lotus Lake Estates Beach Lot Conditional Use Permit APPLICANT: B.T. Land Company PLANNING CASE: P-055 Attached for your review and consideration are the following items: 1. Planning report dated June 23, 1980. 2. Regular Planning Commission minutes of June 25, 1980. 3. Lake Study Committee minutes of May 22, 1980. 4. Memorandum from Mark Koegler dated July 2, 1980. 5. Site Plan 6. Lotus Lake Bottom Contour Map. 7. Buoy Specifications Petition The applicant is proposing to establish a neighborhood association beach lot in the area directly southwest of Lot 9, Block 1 and Lot 35, Block 2 of Lotus Lake Estates First Addition, to wit a conditional use permit must be obtained. Background 1. Community Location: As shown in enclosure 1, the subject property is located on the east central shores of Lotus Lake approximately 350 feet north of the headwaters of Purgatory Creek. 2. Existing Zoning: The subject property is presently zoned P-1, planned residential district. f nmmon}c As established by the City Council in the Lotus Lake Estates Development Contract, the area upon which the beach lot is proposed is indicated as outlot "B" towit the only present permitted use is open space. Mr. Don Ashworth • -2- 16 July 18, 1980 The proposed beach lot is to consist of a sand blanket six inches deep, 50 feet wide along the shore and extending 10 feet into the lake and shoreward approximately 33 feet. Also, as was brought out at the Lake Study Committee meeting of May 22, 1980, the applicant is proposing to construct two 6 capacity canoe racks in the approximate location shown on the site plan. As can be seen in the planning report of June 23, 1980, and the Planning Commission minutes of June 25, 1980, there was considerable clarification and revision made on the issues of the pedestrian easement, location of canoe racks, and demarcation of the swimming area. When writing the June 23rd report this office had the understanding that the "pathway surfacing and design considerations: discussed by the Lake Study Committee was in reference to the 4 foot pedestrian easement the City has through outlot B. In feeling that the width of this easement is deficient, this office recommended that efforts be made to enlarge this easement area as part of this conditional use permit process. As it turned out, the Lake Study Committee discussion was in reference to the pathway leading to the beach lot between lots 9, Block 1 and Lot 33, Block 2, however, this office is still of the opinion that the 4 foot easement is significantly deficient. The location of the canoe rack has been approximated as shown on the attached site plan. During the public hearing discussion on the demarcation of the swimming area, this office had indicated that perhaps the differences expressed in the planning report of June 23, 1980, and the Lake Suty Committee minutes of May 22, 1980, could be remediated if the boundary buoys were anchor types (ref. attached buoy specs). Additionally, it was believed that when swim area buoys are recommended, that they be required to have the official size, shape and markings. The attached spec is that which is approved under the Uniform Waterway Marking System which has been adopted for U.S. inland waters and also is officially approved by the Minn. Dept. of Natural Resources. One of the Planning Commission recommendations was that the designated swimming area not go beyond 50 feet from shore or a depth of 6 feet, whichever is less. You will note from the attached bottom contour map, that the bay in which the beach lot is proposed is quite shallow and that the 5 foot depth is approximately 170 feet from shore and the 10 foot depth is approximately 240 feet from shore. Albeit that this part of Lotus Lake may not have the most conducive depth characteristics for the proposed use, I feel that the 50 foot horizontal/6 foot depth standard recommended by the Planning Commission is reasonable for swim areas on public waters. Recommendation I recommend that the City Council direct the City Attorney's office to prepare a conditional use permit for the Lotus Lake Estates Home- owners Association with the inclusion of the following conditions: Mr. Don Ashworth -3 • July 18, 1980 1. That the beachlot consist of a sand blanket, swim area, and two 6 capacity canoe racks as shown on the site plan, City Council Exhibit , July 21, 1980. 2. That the municipal pedestrianway easement be increased to 8 feet with one foot for maintenance purposes on each side with the proviso that the City Attorney verifies the legality of such a requirement. 3. That the swim area be marked with a minimum of 3 "swim area" buoys that are in accordance with the Uniform Waterway Marking System. 4. That the swim area not exceed a 50 foot by 50 foot horizontal area from shore or a depth of 6 feet, whichever is less. /M - 7610 LAREDO DRIVE*P.O. BOX 1479CHANHASSEN, MINN ESOTA 55317 (612) 474-8885 July 16, 1980 Mr. Aron Babcock 125 Choctaw Circle Chanhassen, MN 55317 Dear Mr. Babcock: I have before me at this time, a ziote from you requesting copies of the recommendations to the City Council and also a copy of the Lotus Lake Estates Beach Lot Conditional Use Permit. For the recommendation to the City Council, I have attached a copy of the Planning Commission public hearing minutes. With regard to the conditional use permit, traditionally, the draft is not available until the City Council has taken action. Generally the draft is available three to four weeks after action by the City Council. If you have any questions on the above, please contact me. Sincerely, Bob Waibel Land Use Coordinator Enclosure a CITY 'bF CHANHASSEN 7610 LAREDO DRIVE*P.O. BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: City Council and Staff FROM: City Planner, Mark KoeglerV DATE: July 2, 1980 SUBJ: Lake Study Committee Recommendations on Recreational Outlots- Lotus Lake Estates Beach Lot. In the Fall of 1979,the Lake Study, Committee toured Lakes Minnewashta, Riley and Lotus in order to persohi ly view the existing condition of both water quality and shorelandF`,,development. At that time, Committee members observed a number -of problems with homeowner association beach lots or outlots. Typical concerns were over- crowding, lack of maintenance, crowded dock facilities, and what appeared to be land parcels which were too small for the number of users involved. As a result of this, the Committee formulated the following recommendations which were designed for use in drafting conditional use permits governing beach fot areas: a. Docks - not permitted. b. Buildings - no buildings either temporary or permanent including the storage of ice fishing houses and tents. C. Swimming - permitted. -11 d. Parking - no motor vehicle should be driven p_ n or parked upon outlots, s_ e. Overnight Camping - prohibited. f. Moorage - no overnight mooring buoys are prohibited. These conditions apply to both boats and seaplanes. g. Boat Launching - no boat trailer shall be allowed upon beach lots. Watercraft may be launched if accomplished without the assistance of any motor vehicle, trailer, or wheel dolly. h. Swimming Platforms - prohibited. i. Marked Areas - permissible only to delineate swimming areas during the summer and ice skating during the winter months. City Council and Stao -2- 0 July 2, 1980 j. Canoe Racks - permissible; all boats must be stored in racks. k. Signs - permissible, providing they conform to the sign ordinance. 1. Number of Property Owners - the size of the beach lot should be consistent with the number of owners and users. M. Fences - permissible. n. Term of Conditional Use Permits - 5 years with revocation at any time due to violations. o. Picnicking - permitted. After considerable discussion, the Lake Study Committee recommended the above policies to the Planning Commission for consideration. The Planning Commission asked for comments from the Park and Recreation Commission and that group commended the Lake Study Committee for its work but declined to comment specifically on the recommendations. On June 4, 1980, the item came up again on a Planning Commission agenda for consideration. After considerable discussion, the Planning Commission approved a motion recommending that the Lake Study Committee outlot policies be drafted into ordinance form and submitted to the City Council. On June 5, 1980, staff conferred with the Assistant City Attorney on the proposed outlot policy ordinance. Both parties agreed that before an ordinance is drafted, the item should be placed on a future Council agenda for discussion. It is anticipated that this will occur on August 4, 1980. The intent of this background information should be obvious. Lotus Lake Estates has requested a conditional use permit for a beach lot area. Although yet unadopted by the City in official form, the proposed outlot policies provide a guideline in evaluating such a request. The Lotus Lake Estates request as proposed, is consistent with the outlot policies, the thinking of the Lake Study Committee, and the recommendation of the Planning Commission. REGULAR SESSION CHANHASSEN PLANNING COMMISSION The Chanhassen Planning Commission met in the Chanhassen City Hall, 7610 Laredo Drive, Chanhassen, Minnesota, on June 25, 1980 at 7:30 P.M. Present Were: Chairman Clark Horn Walter Thompson Art Partridge Tom Hamilton Bill Johnson Mike Thompson Jim Thompson Also present were: Ed Dunn, Dunn & Curry Bob Waibel, Staff Kathy Holtmeier, Resident Mark Koegler, Staff Jim Murphy, Resident _Don Ashworth, Staff Bud Paulsen, Resident Jim Orr, City Engineer Roger Schmidt, Resident Gerald Gustafson, Resident Joseph Myers, Resident Earl Holasek, Holasek Nurseries Pat Murphy, Carver County Paul Waldron, Carver County Chairman Horn called the Meeting to Order at 7:30 P.M. Conditional Use Permit for Neighborhood Beach Lot, Outlot B, Lotus Lake Estates Addition, Public Hearing Bob Waibel presented the request and his recommendations. The Planning Commission discussed the width and easement for the pedestrian pathway. Chairman Horn opened the public hearing. Present for this hearing were: Donald A. Johnson, 111 Choctaw Circle, Chanhassen Aaron Babcock, 125 Choctaw Circle, Chanhassen Frank Windsir, 120 Choctaw Circle, Chanhassen Gerald Cuandall, 6760 Brule Circle, Chanhassen Mark Miller, 150 Choctaw Circle, Chanhassen Dennis Ewing, 6770 Brule Circle, Chanhassen Judy Ewing, 6770 Brule Circle, Chanhassen Pat Miller, 71 Choctaw Circle, Chanhassen Bruce Norby, 100 Choctaw Circle, Chanhassen Maragaret Norby, 100 Choctaw Circle, Chanhassen Mike Miller, 71 Choctaw Circle, Chanhassen Sylvia Epones, 130 Choctaw Circle, Chanhassen Nancy Leshela, 6781 Brule Circle, Chanhassen Norm Grant, 8504 Great Plains Blvd, Chanhassen Mary Lou Chmiel, 7100 Tecumseh Lane, Chanhassen Don Chmiel, 7100 Tecumseh Lane, Chanhassen Harlan Swanson, 131 Choctaw Lane, Chanhassen Aaron Babcock: "I'll be the spokesman for the Lotus Lake Home Owners Association I guess tonight. The Lake Study Committee at the meeting we attending - the whole committee drove out and looked at the area. It was at that time that they suggested that if the canoe racks are goingto be put in to add them to the plan. So it was at their recom- mention, or their approval, that we get them in. There is a 4 foot easement all the way across Outlot B and I guess I would feel that that is probably wide enough to put the path on although a whole lot of brush. I don't think anybody is going to no the difference if there is 4 feet or 5 feet but I think from the Home Owners Association standpoint I would say that we feel 4 feet as originally dedicated is what we would like to see. As far as -what you mentioned about the steps down, the whole Lake Study Committee was there and we dec- ided to try to use 1 of there recommendations which was 6 x 6 steps down on the hill on the road down to the bottom to prevent the washing We do have our liability insurance policy paid, signed, sealed and delivered. I guess thats it unless you have some questions." There was.discussion on the size and location of the canoe racks. Clark Horn: "I believe there was 1 other issue on this and that was tree removal. Do you know how many trees will be removed?" Aaron Babcock: "Trees over 2 inches - zero. Tree under 2 inches - 98% of what is there is brush and you're probably going to have 10-12 trees of 12 inch size." There was discussion on the clearing of the beach area and marking the swimming area with some type of buoy or marker. Bob Waibel feels that the beach is a self policing area, thus the shoreline should not be cluttered, Jim Thompson suggested the possibility of using barrels of some sort. Chairman Horn feels the standard coastguard buoys are appropriate for marking the swimming area. Tom Hamilton moved, Walter Thompson second, to close the public hearing. Motion unanimously carried. Walter Thompson moved, Bill Johnson second, that the conditional use permit be granted under the following conditions: 1) that the pedestrian way easement be 8 feet wide; 2) that a minimum number of trees be removed; 3) that the swimming area be marked by standard coastguard buoys at a depth of 6 feet, or 50 feet from the shore, which ever is less; and 4) that 2 - 6 capacity canoe racks be allowed. Upon further discussion the Planning Commission stated that for the record the recommendations of this conditional use permit are consistent with the recommended outlot beachlot standards by the Lake Study Committee. Also, the Planning Commission recommended that these conditional use permits be established for a five year term. Motion was unanimously carried. Preliminary Development Plan Review, Recommendation Formulation, Lake Susan South PUD Bob Waibel presented the plan review and his recommendations. 2 V C ITY4b F CHANHASSEN 7610 LAREDO DRIVE9P.O. BOX 147*CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT DATE: June 23, 1980 TO: Planning Commission and Staff FROM: Land Use Coordinator, Bob Waibel SUBJ: Lotus Lake Estates Beach Lot Conditional Use Permit APPLICANT: B. T. Land Co. PLANNING CASE: P-055 As per the recommendation of the request has been reviewed by the findings are attached. Planning Commission, the subject Lake Study Committee and whose It is not exactly clear to this office, what the Lake Study Committee meant for the Planning Commission to address the surfacing and design considerations for the pathway, however I feel that this pertains to where hard surface vs floating boardwalks may be used for the pedestrian way throughout lot B and also the dimensions of said pedestrian way. Although I feel that these specifics about the material construction of the pedestrian way are best left until imminent construction, I do feel that the presently dedicated four foot easement for pedestrian way purposes is significantly deficient. If that is in fact the intention of the Lake Study Committee recommendation, I would whole heartedly support that portion of their recommendation and hope that an agreement to -dedicate addi- tional pedestrian way easement up to eight feet plus one foot on each side for maintenance could be realized through the review of this beach lot conditional use permit. This office has no recollection of a proposal for a canoe rack within the beach lot area. Applicant should indicate the location of said proposed canoe rack and also its capacity and until such time this office will defer any recommendation. I also feel that there should be reconsideration of the recommendation to have marker buoys delineate the swimming area. I feel that this could potentially have a negative impact upon shoreline areas if private swimming areas such as the one at hand, proliferated to any degree on any one lake which may significantly alter shoreline fish habitat areas during a large portion of the open water season. PLANNING REPORT Page 2 to 0 RECOMMENDATION I recommend that the Planning Commission approve the subject request for a conditional use permit on Outlot B Lotus Lake Addition on the following conditions: 1. That the applicant demonstrate a good faith attempt in dedicating additional pedestrian way easement to the standard prescribed above. 2. That a minimum number of trees be removed in the established beach lot. 3. That the swimming area not be delineated by marker buoys. 6 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE OF HEARING ON CONDITIONAL USE PERMIT STATE OF MINNNESOTA ) ) ss COUNTY OF CARVER ) Don Ashworth being first duly sworn, on oath deposes and says that he is and was on June 17 r 1980 . the duly qualified and acting City Clerk -Administrator of the City of Chanhassen, Minnesota; that on said date he caused to be mailed a copy of the attached notice of hearing on a Conditional Use Permit Request for lotus Jake Estates Homeowners Association in the City to the owner of each parcel within the area proposed to be involved as set forth in the notice, by enclosing a copy of said notice is an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mails with postage. fully prepaid theron; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer of Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this X day of 19 MI Cpmmbtion Expires Oct. It. 19" Mr. Harlan Swanson 131 diockaw Circle &Iumhassen, Mn. 55317 , .. \1 'f Mr. Aaron Babcock 125 Choctaw Circle Chanhassen, Mn. 55317 9 Mr. Bruce Norby 100 Choctaw,* Circle Chanhassen, Mn. 55317 B.T. Land Co. 1055 E. Wayzata Blvd. Wayzata, Ma. 55391 Mr. Frank Windsor 120 Choctaw Circle Chanhassen, Mn. 55317 Mn. Century Builders 14617 Highway 7 Minnetonka, Mn. 55343 9 Mr. Craig Opal i - 105 Choctaw Circle Chanhassen, Mn. 55317 Mr. Donald Johnson 3 111 Choctaw Circle Chanhassen, Mn. 55317 3 Cann. Natural Resources Joe Alexander Third Floor Centennial Bldg. 658 Cedar St. St, PaLaj Y°p, 55155 - k CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA NOTICE OF PUBLIC HEARING FOR A CONDITIONAL USE PERMIT FOR LOTUS LAKE ESTATES HOMEOWNERS ASSOCIATION, CHANHASSEN, MINNESOTA. NOTICE IS HEREBY GIVEN That the Planning Commission of the City of Chanhassen, Minnesota, will meet on Wednesday the 25th day of June, 1980 at 7:30 p.m. at the City Hall, 7610 Laredo Drive for the purpose of holding a public hearing to consider a conditional use permit for the establishment of a neighborhood beach lot on the following described tract of land: Outlot B, Lotus Lake Estates Addition A plan showing said proposal is available for inspection at City Hall. All persons interested may appear and be heard at said time and place. BY ORDER OF THE PLANNING COMMISSION Bob Waibel, Land Use Coordinator (Publish in the Carver Co. Herald on June 11, 1980) (8189 Official Publication) CITY OF CHANHASSEN CARVER AND ID+NEPIN COUNTIES, MINNESOTA NOTICE OF PUBIC HEARING FOR A CONDITIONAL USE PERMIT FOR LOTUS LAKE ESTATES HOMEOWNERS ASSOCIATION, CHANHASSEN, MINNESOTA. NOTICE IS HEREBY GIVEN That the Planning Commission of the City of Chanhassen, Minnesota, will meet on Wednesday the 25th day of June, 1980 at 7:30 p.m. at the City Hall, 76101aredo Drive for the purpose of holding a public hearing to consider a conditional use permit for the establishment of a neighborhood beach lot on the following described tract of land: Outlol B, Was fake Estates Addition F A plan showing said proposal is available for inspec- tion at City Hall. Ali persons interested may appear and be heard at said time and place. BY ORDER OF THE PLANNING COMMISSION Bob Walbel, Land Use Ciordaaar (Pub. Carver County Herald June 11. 19811) Affidavit of Publication Sate of Minnesota ) ) ss. County of Carver ) -tan Rol fsrud ,being duly sworn, on oath says he is and during all the time herein stated has been the pubbaher and printer of the newspaper known as Carver County Herald and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once a week. 13) Said news paper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local poatoffice. (5) Said newspaper purports to serve the City of Chaska in the County of Carver and it has its known office of issue in the City of Chaska in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper, persons in its employ and subject to his direction and control during all such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the Sate Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of Sate of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed Legal #8189 hereto attached as a part hereof was M from the columns of said newspaper, and was printed artd published therein in the English language, once each welt, for successive weeks; that it was first so published on Wed the 1 day of June 1980and was uareattgdrated and published on every ---ednesday to and T 1 t h- � ne tSIJ including the day of ll 19 and that the following is a printed copy of the lower case alphabet fram A to Z, both inclusive, and is hereby acknowledged m being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghijklmnupgrstuvwxyz Subscribed and sworn to before me tNs _ '/ /_ _ day of NNoa++ LC:ARVER B IC NOLDEN UBLIC • MINNESOTA COUNTY bn EaPIM Oct 29, t9SS Notary public. otady rusts My Commmion Eapves "19IB!— AFFIDAVIT OF PUBLICATION OF _ r ` • PUBLISHED IN ; !mil C COUNTY ^ s„ • n' •KOJI�R >�e Filed this day of (Judge of Probate) By 19 r_I 41 MINUTES ' LAKE STUDY COMMITTEE MEETING May 22, 1980, 7:30 p.m. Chanhassen City Hall - 7610 Laredo Drive t_ The meeting was called to order at 7:30 p.m. by Chairman Wally Coudron. Members Arnie Hed, Jim Thompson, Mike Lynch, Ellen Chilvers, and Court MacFarlane were present. Chairman Coudron on behalf of the Committee extended a welcome to the new members. APPROVAL OF MINUTES: Approval of the April minutes was tabled until the June meeting. Members did note that Clark Horn's name be added to the list of members present at the April 24th meeting. REVIEW OUTLOT RECOMMENDATIONS: Chairman Coudron and City Planner Mark Koeg er provided an overview of the background on the outlot policies and the reason for their creation. Major points cited were increased usage conflicts on the City's lakes, the desire of the Planning Commission and Council to have one body to review development requests and other occurrences which impact lake usage, and the need to provide a concise list of policies and ordinances pertaining to all lake usage. Following the overview, the Committee reviewed each of the policies as found in the staff memo of January 7, 1980. Detailed discussion occurred on the issue of dockage. REVIEW CONDITIONAL USE PERMIT REQUEST - LOTUS LAKE ESTATES HOMEOWNERS ASSOCIATION BEACH LOT: Members of the Lotus Lake Homeowners Association were present. The City Planner reported to the committee that the Lotus Lake Estates Homeowners Association was seeking a conditional use permit for the installation of a 33 x 50 foot beach area, canoe rack, and walkway. This item was referred to the Lake Study Committee for recommendation by the Planning Commission. Ellen Chilvers moved to table action on the Lotus Lake Estates outlot until after the Committee had time to tour the site. The motion was seconded by Arnie Hed and passed; 5 ayes and Jim Thompson voting nay. After discussion with the Lotus Lake Estates Homeowners Association on establishing a convenient time to view the site, Jim Thompson moved to temporarily adjourn the meeting and to reconvene at the Lotus Lake Estates beach lot. Motion seconded by Mike Lynch and approved unanimously. The meeting was temporarily adjourned at 8:30 p.m. After an on site inspection of the Lotus Lake Estates Homeowners Association Outlot and discussion with residents, the Committee reconvened the meeting at 9:00 p.m. Jim Thompson moved to recommend approval of a conditional use permit for the Lotus Lake Estates beach lot covering the swimming beach, walkway, and canoe rack providing that a minimum number of trees are removed and that marker buoys be placed to delineate the swimming area. Specific details regarding pathway surfacing and other design considerations should be addressed to the Planning Commission. The motion was seconded by Mike Lynch and approved unanimously. The Committee conducted additional discussion on the proposed outlot policies and determined that they- should remain unchanged for Planning Corm lesion review: SURFACE WATER USAGE: The Committee generally discussed the purpose behind a propose3 surface water usage ordiinance.draft. Mike Lynch moved to recommend the draft report to the Planning commissi;.on for - their review -and comment. The motion was seconded by, Jim Thompson and passed unanimously. _ . ... .. ... .... .... .... DISCUSSION OF WHITE BEAR ORDINANCE #3e This item was tabled until t . June meet4aA,3 The Committee. agreed to conduct theiir;- second annual tour of Lake Minnewashta on June, 10. and Lakes Riley- and Lotus on. June 12. The tours will I*gi'n at 5:30 p.m. The meet:'nc was adjourned at 10.:15 p.m. Mark. Koegler City Planner R- A- 6 CITY4DF CHANHASSEN 7610 LAREDO DRIVE*P.O. BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 PLANNING REPORT TO: Planning Commission and Staff FROM: Land Use Coordinator, Bob Waibel DATE: May 12, 1980 SUBJ: Lotus Lake Homeowners for Beach Lot APPLICANT: PLANNING CASE: P-055 Petition Association, Conditional Use Permit The applicant is proposing to establish a neighborhood association beach lot in the area directly southwest of Lots 9, Block 1 and Lot 35, Block 2 of Lotus Lakes Estates First Addition, to wit a conditional use permit must be obtained. Background 1. Community Location: As shown in enclosure 1, the subject property is located on the east central shores of Lotus Lake approximately feet north of the headwaters of Purgatory Creek. 2. Existing Zoning: The subject property is presented zoned P-1, planned residential district. Comments Pursuant to the development contract for Lotus Lake Estates First Addition, the area upon which the beach lot is proposed is indicated as outlot B to wit the only present permitted use is public open space. The applicant has indicated that the overall proposal is quite straight forward consisting of sand blanket six inches deep, 50 feet in width and extending 10 feet out into the lake itself and extending shoreward approximately 33 feet. As far as can be seen from the attached plans, there is no planned removal of trees. The Planning Commission at this time should restrict their comments to the overall plan consistency with the City's ordinances, policies and plans and I recommend that the Planning Commission order a public hearing to consider the proposed conditional use cont'ng nt u n the applicant receiving a pos tiv eview from the Lake Study C�ommi�toee. ;a�� • CITY bF CHANHASSEN 7610 LAREDO DRIVE*P.O. BOX 147eCHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: Planning Commission and Staff FROM: City Planner, Mark Koegler DATE: May 12, 1980 SUBJ: Lotus Lake Homeowners Association Conditional Use Permit Request The Lotus Lake Homeowners Association has requested a conditional use permit for a recreational beach lot. As the Planning Commission is aware, the Lake Study Committee serving as a sub -committee of the Planning Commission, recently formulated suggested policies (attached) regarding permitted uses and activities on outlots. The policies were before the Planning Commission some time ago and have more recently been reviewed by the Park and Recreation Commission who declined the opportunity to provide formal comment. Additional action by the Planning Commission on this matter is scheduled for later this month or the beginning of next month. In reviewing the Lotus Lake Homeowners Association request, one option the Planning Commission may elect to take would be to refer this matter to the Lake Study Committee for their review. The Lake Study Committee is scheduled to meet on Thursday, May 22, 1980, and such an item could easily be included on their agenda. 0 CITYl0F 7610 LAREDO DRIVE9P.O. BOX 1479CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM TO: Planning Commission and Staff FROM: City Planner, Mark Koegler DATE: May 12, 1980 SUBJ: Lotus Lake Homeowners Association Conditional Use Permit Request The Lotus Lake Homeowners Association has requested a conditional use Permit for a recreational beach lot. As the Planning Commission is aware, the Lake Study Committee serving as a sub -committee of the Planning Commission, recently formulated suggested policies (attached) regarding permitted uses and activities on outlots. The policies were before the Planning Commission some time ago and have more recently been reviewed by the Park and Recreation Commission who declined the opportunity to provide formal comment. Additional action by the Planning Commission on this matter is scheduled for later this month or the beginning of next month. In reviewing the Lotus Lake Homeowners Association request, one option the Planning Commission may elect to take would be to refer this matter to the Lake Study Committee for their review. The Lake Study Committee is scheduled to meet on Thursday, May 22, 1980, and such an item could easily be included on their agenda. C rA L -17- CONDITIONAL USE PERMIT CASE NO. CUP City of Chanhassen Carver and Hennepin Counties, Minnesota APPLICATION FOR CONSIDERATION OF PLANNING REQUEST Applicant Name: Date of Application Escrow Paid Date Received by SWC . Address: Number and Street City State Zip Code -Bw�er: 'P��wAS�C Address: Init Number and Street City State Zip Code Address of property in question: CAfcN tkiKSt/J kA w i Legal description of property in question: OJT Lor li LONS l.i l LA is Present zoning of property: p - I Present use of property: 1putgoL e - PU104c ��Je�n SDaCe Proposed use of property: to The following documents if appropriate shall be attached to Viea.a, (OT) this application: Date Received Initial 1. Site development plan + 2. Dimension plan 3. Grading plan 4. Landscape plan -18- 5. Abstracters Certificate 6. Escrow Account 4 Date Received Ini I hereby declare that all statements made in this application and the attached documents are true, and that I shall reimburse the City for all expenses incurred in processing this application for conditional use. Date Received by Title (Following to be completed by Zoning Administrator or City Official) CHRONOLOGY Date By Application on Plannin Commission Agenda Plannin Commission postponed to Newspaper publication d7acent property owners notified Public Hearin Planning Commission action plication on Council Agenda ouncil post oned to ouncil Action onditional use contract executed scrow returned - amount: Final Inspection PLANNING COMMISSION RECOMMENDATION On this day of , 19 , this conditional use permit was recommended for (approval), (disapproval) subject to the following conditions: rman of Planning commiss 31 i CITY CF 7610 LAREDO DRIVE*P.O. BOX 1470CHANHASSEN, MINNESOTA 55317 (612) 474-8885 MEMORANDUM DATE: August 29, 1979 TO: Bob Waibel, Ass't. City Manager/Land Use Coordinator FROM: Fran Callahan, Community Services Director The Park and Recreation Commission met last night. You will find the minutes attached to this memo with their recommendations concerning issues you will be discussing. In regards to the dedication of H & K to Western Hills Park, this office would hope that this dedication would not have a negative impact on the development i.e. densities or square footage. MINUTES PARK AND RECREATION COMMISSION SPECIAL MEETING TUESDAY, AUGUST 28, 1979 - CHANHASSEN ELEMENTARY SCHOOL The meeting was called to order at 6:40 p.m. by acting Chairperson Phyllis Pope. Members present were Phyllis Pope, Mary Muehlhausen, Mike Lynch, Ellis Thomas, Walter Coudron, and Joe Betz arrived later. Tom Klingelhutz was also in attendance. Doug Hansen arrived later. Mary Muehlhausen made a motion to table action on the minutes of the last meeting. Mike Lynch seconded the motion. Motion passed, no negative votes. Bob Waibel, Assistant City Manager/Planner reviewed Western Hills III with the Commission. He read a letter from Jim Hawks (Hansen and Klingelhutz' consultant) to the Commission. The letter states that certain easements or dedications will be given to the City in -Western Hills III. Mary Meuhlhausen made a motion that Hansen and Klingelhutz make an v outright dedication to the City of fifteen feet of land on the north side of the pond in Western Hills III, for path, conservation and open space in accordance with the comprehensive plan. Walt Coudron seconded the motion. Motion passed, no negative votes. Phyllis Pope expressed concern about the duplex lots near the creekbed. Doug Hansen explained that they are zero lotline construction and went on to explain this concept. Tom Klingelhutz stated that there is a need for this new type of housing and that a number of people prefer no yard as opposed to a large one. Mike Lynch made a motion to ask Hansen and Klingelhutz for a conservation and maintenance easement on all of the creekbed on the south side of the Chaparral development as shown on the grade plan for Chaparral Phase II from Suburban Engineering dated 2/14/79. Mary Muehlhausen seconded the motion. Motion passed. No negative votes. Agenda item #4 was tabled. Bob Waibel gave a report on the development plans for the eastside of Lotus Lake. Ric Murray of B. T. Land Company was in attendance. / Walter Coudron made a motion that Outlot B be utilized for conservation, 111/// pedestrian/bikeway for access to the park at the north end of Lotus Lake. Phyllis Pope seconded the motion. Motion passed. No negative votes. J Phyllis Pope made a motion that the Commission request that the easement for the trail be six feet and that an additional maintenance easement be requested. Size to be determined by Staff. Walter Coudron seconded the motion. Motion passed, no negative votes. Park and Recreation Minutes -2- August 28, 1979 Walter Coudron made a motion that the motions above for the use of Outlot B, be contingent on Staff obtaining written indication from the DNR of their acceptance of the proposed pedestrian/bike easement. Ellis Thomas seconded the motion, motion passed. No negative votes. Phyllis Pope moved that the secondary access to Lotus Lake Estates be located in the northwest corner of the plat. Mike Lynch seconded the motion. Motion passed, no negative votes. Phyllis Pope moved that the City Council remove the parking at Carver Beach as of spring 1980 and consider posting no parking signs on the streets identified in the attached letter. Mike Lynch seconded the motion. Motion passed, no negative votes. Ellis Thomas moved to adjourn. Mike Lynch seconded the meeting. Meeting adjourned at 9:50 p.m. Respectfully submitted, Francis Callahan, Community Services Director REGEa£ D Lpss4b Itf RUSSELL H. LA CRAIG M.MERTZ'�F7 OF COUNSEL HARVEY E. SKAAR MARK C. MCCULLOUGH LARSON 8: MERTZ ATTORNEYS AT LAW 1900 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 Donald W. Ashworth Chanhassen City Manager Box 147 Chanhassen, MN 55317 Dear Don: February 12, 1979 Re: Homeowners' Association Lotus Lake Estates TELEPHONE (612) 336-9565 Paragraph 25 of the development contract between B T Land Company and the City provides that Outlot B of the plat is to be conveyed to a homeowners' association consisting of residents of the new subdivision. B T Land Company is purchasing the property underlying the plat under a contract for deed which provides that the purchase price is to be paid in full on April 1, 1981. B T Land Company will receive its warranty deed at that time. B T Land Company has advised me that Char -Lynn Foundation has refused to joint in any conveyance of Outlot B to the homeowners' associa- tion until such time as the underlying contract for deed is paid in full. B T Land Company has provided me with revised restrictive covenants by which B T Land Company subjects its vendee's interest in Outlot B to the restrictions required by the City in J125 of the development contract. B T Land Company proposes to record the restrictive covenants at this time; however, the actual conveyance of Outlot B to the homeowners' association will not occur until April of 1981 or such earlier time as the contract for deed is paid off. I have reviewed the restrictive covenants in question and find them to be in conformity with the various conditions which the City Council placed on plat approval. For your reference, I enclose a copy of §5, Article V, of the covenants. I believe that B T Land Company's proposal concerning the delayed conveyance of Outlot B to the homeowners' association is in substantial conformity with the development contract. This proposal should be self -enforcing inasmuch as the developers' customers will be paying a premium price for "lake rights." These buyers will undoubtedly be placing constant pressure on B T Land Company to perfect those lake rights by obtaining the necessary warranty deed from Char -Lynn as soon as possible. y truRAIG .ly_,your� CMERTZ Assistant Chanhassen City Attorney CPS: mep Encl. CC: A.H. Michals, Attorney at Law