CAS-08_CONDITIONAL USE PERMITS 84-8 (4)TO Lot us Lakes E4ateEleadilotRIe
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CC AngieAuseth, Planner 1
(�CITY OQp[p PFCM: Terry laffery, Wateriewurcesmordinator��
ldlttlldf SEN DAM February 24, 2009
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30 E" 141
Cra^hssv. LrN 4 Inspection of CUP Compliance
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Ck1 December 3, 2008 Terry Jeffery, Water Pesources Coordinator with the City of
9011MAR lnapEction1
Chanhassen and JII 9ndair, Natural Pesource Medalist with the Ctty of Chanhassen
fn,rBEM71183
fax WZ1.1190
inspected the Lotus Lake EstatesBeachlot. The inspection was prompted by the
associatiorl5 desire to provide adequate stewardJiip tothe property to avoid
Eryhear4
erosion and subsequent sediment deposition issues that might adversely affect
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water quality. It was also their desire to manage some of the invasive speoes that
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are present on the property.
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than 95zw.11b3
At thetimeof theinspection, the property wasfound to be in compliance with the
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Condit ions of their Conditional Use Permit. Moreover, it was observed that in many
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instances the association had gone beyond the requirementsof their GLFto assure
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that the property was in asgood of condition aseould be possible given the current
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land use.
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231:Coirs9abred
This concludes my review of the property. Any questions can be directed to Terry
Fham 9=71400
cax:9522221V
Jeffery at extension 1168,
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ASSESSMENT
TRAIPT
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low
McCOMBS-KNUTSON ASSOCIATES, INC.
CONSULTING ENGINEERS ■ LAND SURVEYORS ■ SITE PLANNERS
12805 OLSON MEMORIAL HIGHWAY, MINNEAPOLIS, MINNESOTA 55441 TELEPHONE (612) 545-3735
36 NORTH MAIN STREET, HUTCHINSON, MINNESOTA 55350 TELEPHONE (612) 897-8031
L
ENVIRONMENTAL ASSESSMENT
LOTUS LAKE TRACT
ECKLUND - SWEDLUND DEVELOPMENT CORPORATION
For
City of Chanhassen
January, 1975
I hereby certify that this report was prepared by
me or under my direct supervision and that I am a
duly Registered Professional Engineer under the
laws of the State of Minnesota.
///W, //'1 �L
1/14/75 . . . . . . . . . . . . . . Reg. No. 7002
1
McCOMBS-KNUTSON ASSOCIATES, INC.
CONSULTING ENGINEERS ■ LANO SURVEYORS III SITE PLANNERS
' January 14, 1975
Honorable Mayor and
Members of the City Council
Chanhassen Village Hall
' P.O. Box 157
Chanhassen, Minnesota 55317
Subject: Environmental Assessment
Lotus Lake Tract
Gentlemen:
Pursuant to your request, we have prepared an assessment
of the effect the development of Ecklund-Swedlundls proposed
Lotus Lake SubCij+i.si.on would have on the local. environrTeat.
The results of this assessment are attached and generally con-
clude that the project would have a minimal negative effect,
and would provide a level of development that would be com-
patible with the city plans for this area and with its natural
setting.
If you have any further questions, or desire any further
information, please feel free to contact us at any time.
Very truly yours,
MCCOMBS-KNUTSON ASSOCIATES, INC.
William H. McCombs, P.E.
WHM:j
Enclosure
1022631
12805 OLSON MEMORIAL HIGHWAY, MINNEAPOLIS, MINNESOTA 55441 TELEPHONE (612) 545-3735
36 NORTH MAIN STREET, HUTCHINSON, MINNESOTA 55350 TELEPHONE (612) 897-8031
SOUTHWEST ENGINEERING DIVISION, MARSHALL, MINNESOTA 56258 TELEPHONE (507) 532-5820
DESCRIPTION OF PROPOSED ACTION AND ENVIRONMENTAL SETTING
The project under consideration in the environmental
assessment is a proposed single family residential devel-
opment by Ecklund - Swedlund Development Corporation. The
proposed development (figure 1) consists of 144 lots on
approximately 84 acres located between Minnesota T.H. #101
and the eastern shore of Lotus Lake in the City of Chanhassen,
Minnesota.
Description of the Environmental Setting.
The project is to be located on a site composed of 1)
hilly, densely wooded areas; 2) open rolling areas; and
3) marshy areas. The proportions of each are roughly 25%,
U� II
55% and 20%, respectively. The site is bisected near the south
end by a branch of Purgatory Creek, which carries the overflow
from Lotus Lake eastward.
The hilly, densely wooded area features slopes of up to
40% with the summit over 65 feet above Lotus Lake.
-1-
t m m m m m m m m m m m m m m m m m m m m- M
figure 1
0000000
The area is covered by hardwoods such as oak, elm
and maple. Some birch and aspen are present on the lower
portion of the slopes. Underbrush and a few conifers are
interspersed among the trees.
Although no soil borings have been taken, the U.S.D.A.
Soil Conservation Service has classified the soils at the
surface and in the upper 5 to 6 feet (Appendix A). The soils
in the hilly wooded area have been classified as Hayden loam
with a small amount of Cordova -Webster silty clay loam and
Glencoe silty clay loam.
The open, rolling area on the northerly end of the site
is presently a grassy meadow. Soils in this area have been
classified as Hayden loam, Cordova -Webster silty loam, LeSueur
clay loam and Glencoe silty clay loam. Slopes in this area
range from 2% to 20% with an average of about 7%.
The marshy area which occupies roughly the middle 20%
of the site consists of two separate marshes. The easterly
marsh is the larger of the two and is approximately 5 feet
higher in elevation than Lotus Lake.
-3-
The westerly marsh abutts the lake and is about 1 foot above
the lake elevation. These marshes do not normally contain
standing water but the water table, due to proximity to the
lake, is near the surface.
Purgatory Creek flows eastward across the site several
hundred feet north of the south end and to the south of the
hilly, wooded area. The creek flows through a marshy area
varying from 20 to 200 feet in width. This marshy area sur-
rounds the westerly 500 feet of the creek. East of the marshy
area, the creek flows through alluvial land to the culvert
under T.H. #101.
The south end of the site, between the creek and the south
boundary, is primarily open in nature with scattered clusters
of trees. Soils in this area have been classified as Hayden
loam, Cordova -Webster silty clay loam, and Glencoe clay loam.
Field investigation of the site indicates the presence
of deer trails traversing the area. The presence of a resident
population of deer is doubtful. Many small mammals such as
cottontail rabbits, squirrels, field mice and muskrats roam
the site. Pheasants, ducks and many species of song birds are
also present.
-4-
Description of Action.
The 84 acres of the site would be broken down into the
following: 1) public streets - approximately 12.9 acres;
2) park and walkways - approximately 7.1 acres; and 3) 144
lots - approximately 64 acres.
The average lot area in the development would be 19,360
square feet.
The average lot area with park land included would be
21,500 square feet.
Development of the site would create two distinct home -
site areas, each served by a separate entrance to Minnesota
T.H. #101.
The northerly home site area would consist of 97 lots
with access being an entrance from Highway 101 near the north
boundary of the site. The site is primarily open -rolling hills
with a low marshy area. The elevation of this marshy area is
about 5 feet higher than that of Lotus Lake.
The southerly sector would contain 47 lots and the park.
Access for this area would be from Highway 101, roughly 400
feet north of the Purgatory Creek highway culvert.
-5-
Since this area is hilly and densely wooded the grades and
street patterns have been carefully analyzed and designed to
minimize site grading and the destruction of flora.
The southern tier of lots in this area would abut the
creek. With this design no creek crossings or construction
in the creek bed will. be required.
The area to be dedicated tothe City as park would extend
from the south side of the creek to the south boundary of the
site as well as a segment on the north side of the creek.
This north segment will extend about 230 feet west of the
center of Highway 101 to the southerly extension of the west
line of the exception (figure 1).
RELATIONSHIP OF PROPOSED DEVELOPMENT TO LAND USE PLANS
POLICIES AND CONTROLS FOR THE AFFECTED AREA
The site will be developed as a "P-1 Planned Residential
Development" under the City of Chanhassen's Zoning Ordinance
No. 47; at the request of the City. Under Section 8.06a(1),
the maximum number of allowable lots to be permitted in areas
served by public sanitary sewer and water systems "shall be
computed by subtracting from the total gross area of the plat
the total dedicated street right-of-way and dividing the area
remaining after said subtraction by 15,000 - - -". Applying
this formula to the site we find the maximum allowable number
of lots to be:
(84 acres - 12.9 acres) 43,560 = 206 lots.
5,000
Since the total number of lots proposed is 144, it is
apparent that the density would be considerably lower than
the maximum. The adverse impact of the development on the
ecosystems involved would logically be reduced in conjunction
with the reduced density.
-7-
Before - final preliminary plan approval can be
given, the environmental impact of the development must
be ascertained. However, the City engineer, Mr. William
D. Schoehl in a letter to the City dated December 7, 1974
(Appendix B), has recommended approval and the Planning
Commission has given concept approval in approving "Resid-
ential Sketch F" (figure 1).
The Riley -Purgatory Creek Watershed District has app-
roved "Residential Sketch F" subject to the following con-
ditions: 1) that the rear lot lines of Lots 1-5, Block 4
and Lot 53, Block 3 be platted to the natural water level
' on the north side of Purgatory Creek; 2) that the Watershed
' District Engineer shall analyze the effect of fill placed
below the high water level; 3) that the final plat, grading
' and utility plans be submitted to the Managers prior to con-
struction; and 4) that no dredging will be allowed in Purgatory
Creek or in the marsh abutting Lotus Lake for the purpose of
creating a lagoon or lagoons.
PROBABLE EFFECTS OF THE PROPOSED DEVELOPMENT ON THE
ENVIRONMENT
A. Air Quality.
Although the relative concentrations of pollutants in-
troduced as a result of vehicular emissions would increase,
particularly during peak traffic periods, the decrease in
air quality would not be measureably significant.
B. Groundwater.
Since the proposed development is to be served by public
sanitary sewer and water systems (Appendix B), the ground water
quality would not be significantly altered.
Surface Water.
Development would increase the runoff from the land due
to the introduction of impervious surfaces, namely roofs and
hard surfaced streets. The introduction of oil products and
other chemicals from the streets together with the probable
increase of nutrients in the runoff from fertilizer applied
to lawns will have an adverse effect on surface water.
men
D. Flora.
Existing vegetation in construction areas (streets,
driveways, and building sites) would be destroyed or dis-
rupted. Large areas of the site would not be altered and
would be left in their present state. New vegetation forms
can be expected to be introduced after the area is developed.
E. Fauna.
Since a large portion of the wooded area and much of
the marshy areas together with the park land would be retained
in its natural state, most of the fauna would be able to coexist
with their new neighbors. It is unlikely that the deer population
would be retained in other than a transitory sense.
F. Noise.
The effects of this type of development would have neg-
ligible effect in this regard except during the construction
period. During construction of streets, sewers and watermains
the noise will be at a maximum level. During this time there
will be no resident population. Wildlife populations should
not be greatly affected by construction equipment.
-10-
G. Land.
The general character and drainage patterns of the land
in this development would be maintained. Erosion and subse-
quent siltation during construction are a potential problem
particularly on the steep slopes. Filling of a portion of
the marshes, along the east and northeast edge of the marsh
abutting the lake and that adjoining the creek, could result
in erosion and subsequent deposition of eroded material in
the lake and creek. Creation of an open water pond in Block
5 (the upper marsh) will destroy some of the flora but will
at the same time be of great benefit to waterfowl as well as
aquatic organisms.
H. Socio-Economic Impacts.
Major socio-economic impacts of this development would
be the increase in the use of Lotus Lake as a scenic attraction
and a recreational area (including boating, swimming, and fish-
ing). The project will result in an increase in land values
together with an associated increase in the local tax base.
-11-
MITIGATIVE MEASURES
A. Erosion during construction should be minimized by
careful scheduling of operations and the revegetation of graded
areas as soon as possible especially in areas of steep slopes.
B. Temporary sedimentation basins should be used to in-
tercept sediment before deposition can occur outside of the
construction area.
C. Fill placed in areas along the creek and in the marsh
abutting the lake should be placed in late fall or winter to
minimize the length of time until natural revegation can occur.
D. Runoff from over 40% of the lots will be carried by
overland drainage and storm sewer to a pond created in the upper
marsh in Block 5 (Figure 1). The pond with its inherent storage
capacity and detention capabilities will allow sedimentation in
its quiescent waters and provide the opportunity for nutrients
and chemicals in the influent to be partially consumed before
the water is discharged to the marsh abutting the lake and the
lake itself.
-12-
E. Storm sewer outfalls in the marsh abutting the
lake would be roughly 200 feet from the lake itself. The
ability of the marsh to assimilate pollutants in the direct
runoff and those remaining in the effluent from the pond
should produce an effluent of good quality.
F. Storm sewer outfalls which route runoff to Purgatory
Creek should be placed no nearer than 90 feet from the creek.
Channelization of this water must not be allowed, in order to
promote sediment deposition and partial nutrient and chemical
absorption in the marshy area adjoining the creek.
G. Sumps should be constructed in all storm sewer catch
basins to trap a portion of the sand and silt particles before
they can be carried to the outfall and deposited.
H. No on -site mitigation for the loss of wildlife habitat
area is considered practical. It is felt that the deer popul-
ation will be the principal species displaced, with other species
remaining within the area in undisturbed portions of the site.
-13-
APPENDIX A
' Note: This soil evaluation was based on an earlier Res-
idential Sketch. Therefore, any reference to specific lot
and block numbers should be disregarded.
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SITE PLAN REVIEW
LOTUS LAKE
RESIDENTIAL SKETCH B
PREPARED FOR:
ECKLUND & SWEDLUND
BY:
MCCOMBS-KNUTSON ASSOCIATES INC.
MINNEAPOLISt MINNESOTA
REQUESTED BY:
LLOYD SCHNELLE
FOR THE
CHANHASSEN PLANNING COMMISSION
REVIEWED BY:
DONALD C. BERGO DISTRICT CONSERVATIONIST
ROBERT A. LUETH, SOIL SCIENTIST
USDA SOIL CONSERVATION SERVICE
CITY HALL
WACONIAq MINNESOTA 55387
JULY 229 1974
IN COOPERATION WITH:
CARVER SOIL AND WATER CONSERVATION DISTRICT
f
We have reviewed the soil conditions as related to building site limitations
on the approximate 85.0 acre site, as submitted to the Carver Soil and Water
Conservation District on July 16, 1974. See attached color coded soils map.
This inventory and evaluation will help the land developer and the village
consider the adequacy of the plan in terms of the following:
1. Limitations of soils for the intended use.
2. Prevention of erosion due to land disturbance.
3. Conservation treatment of storm drainage water to control increased
runoff and protect downstream landowners.
4. Harmonious development in relation to slope, soils, surface water
drainage, soil wetness and seasonal high water table, and existing
trees and shrubs.
5. Construction and maintenance of water and erosion control structures
where needed.
Soil survey mapping units have been drawn over the preliminary plat map and
color coded
to show building site limitations:
Green has slight limitations
Yellow has moderate limitations
Red has severe limitations
'
Blue has very severe limitations.
The solid colors
show land slopes, land alteration, soil
erosion and sediment
hazard limitations.
1
The lined colors show soil wetness
and seasonal high water
table limitations.
' The soil mapping units and major building site limitations found on the
prop-
erty are listed below:
Building Site
Map Color
Limitations Soil Symbol
Soil Name
Slope Range
Green
Slight land alteration HaB
Hayden loam
2 to
.6L
and soil erosion
Yellow
Moderate land alteration HaC
Hayden loam
6 to
12%
'
and soil erosion
Red
Severe land alteration HaD
Hayden loam
12 to
1"
'
and soil erosion
Blue
Very severe land alteration HaE '
Hayden loam
18 to
244
and soil erosion
'
Blue
Very severe land alteration HaF
Hayden loam
24 to
4M
and soil erosion
Yellow
Moderate wetness LsB
LeSueur clay
2 to
6%
lines
loam
Red lines
Severe wetness Cs
Cordova silty
0 to
27
clay loam
Red lines
Severe wetness Cw
Cordova Webster
0 to
2%
'
silty clay loam
Red lines
Severe wetness Ge
Glencoe silty
0 to
2%
clay loam
Building Site
Map Color Limitations
Blue lines Very severe wetness
and organic
Blue lines Very severe wetness
Soil Svmbol
Pd
Sk
Soil Na-
Peat and muck,
deep
Sandy lake
beaches
Slone Range
over 3h
feet deep
0 to 2".
Blue lines Very severe wetness Ma Marsh 0 to 2%
SOIL AND WATER CONSERVATION CONSIDERATIONS
The outlet of Lotus Lake (Purgatory Creek) runs through the South end of the prop-
erty. This area with a minimum of 50 feet on each side of the creek should be
protected. The Department of Natural Resources Division of Waters should be con-
tacted regarding the water level of the lake and construction of a lake level
control structure.
The area just North of the lake outlet is a steep sloped wooded hill. The trees
should be investigated to determine their value, especially the larger mature
trees, in light of Dutch Elm disease and Oak wilt. Jack Bugge, the DSR Forester
stationed at Waconia, could make a preliminary report on receipt of a request
from the city or the land owner.
The peat area (Pd) shown between the proposed pond and lagoon might better be
used to connect the two if permitted by DNR, or used as park - open space.
Basement seepage will be a continuing problem because of soil wetness and
seasonal high water table in the Cordova and Cordova -Webster (Cs and Cw) and
Glencoe (Ge) soil areas (shown in red lines on the map). The development plan
should include footing drains and basement waterproofing, including sump pumps
if needed.
The conservation practices needed to control soil erosion and sediment deposi-
tion during construction on this site is very important because the surface
water drainage is directly into Lotus Lake, the proposed lagoon and pond, and
the lake outlet (Purgatory Creek).
The landscape architect or development designer should prepare a soil and water
conservation plan as a part of the site plan that would show the following:
(See Urban Erosion Control Handbook published by the Metro Association of Soil
and Water Conservation District's, August 1973. The page number is listed
after each item.)
1. Provide a planned time table for development phases including a land
grading plan for building sites, streets, utilities, erosion control,
and surface and subsurface water drainage. (See pp 3 and 4)
2. Show location of stock pile areas for topsoil that will be used in
final grading for a seed bed for landscape planting. (See pp 2)
3. Provide a plan for final revegetation with sod or grass seeding. (See
pp 5 to 10) Areas that will be exposed for 30 days or more will be
mulched or be planted to a temporary annual grass. (See pp 11)
4. Sediment basins may be needed at the lower ends of waterways to collect
storm runoff water and sediment to protact lower land and water areas.
Sediment basins could be used to advantage in the Block ing approxLot 1imate
locations: Block 6 - Lot 2; Block 8 - Lot 24;
(See pp 21 to 29 and 51 to 59)
5. Plan for surface water runoff and provide grass waterways (pp 33 to 35)
and storm drains as needed.
6. The proposed trails going up and down the steep slopes (red and blue) may
require stairways to facilitate climbing and to prevent erosion.
The following is a lot by lot evaluation of this sketch plant
Block 1.- Lots 1 and 2 are isolated from the cul-de-sac by Purgatory Greek.
Lots 5 and 6 are on an old excavation that has been filled and are on
wet soils.
Lot 9 is on wet soil.
Block 2 - Lots 4 and 5 are wet.
Lot 9 is in a wet drainageway.
Lots 70 11, and 12 are on steep slopes and will need careful homesiting.
Block 3 - Lots 1, 2, 30 49 5, 60 7, 9, and 14 are on steep to very steep slopes and
will require careful homesiting. Lot 1 is also in a drainageway and
Lot 13 and the cul-de-sac is in a wet soil area.
Block 4 - Only one lot and an existing residence; the lot is O.K.
Block 5 - Lot 1 is in an old leveled borrow area.
Lot 2, 6, and 7 are on steep slopes requiring careful homesiting.
Outlots - These are on steep sided, flat topped, wooded hills with no land use
indicated and apparently will be open space - park?
Block 6 - Lot 1 is on wet soils with the Northwest corner in the marsh area.
Lots 49 59 6, 79 8, and 9 are on wet soils and what is the drainage
plan for the Glencoe (Ge) area.
Block 7 - Lot 1 is very steep and needs careful homesiting.
Lots 2, 3, 4, 5, 6 (k peat), 7 and 9 (parking) are on wet soils.
Block 8 - Lots 10 2, 31 179 19, 20 and 21 are i wet.
Lots 109 119 18, 249 32 and 33 are on wet soils.
Lot 14 is on a steep slope and needs careful homesiting.
Block 9 - Lots 9 and 10 are k wet.
Lots 11 and 12 are on wet soils.
Block 10 - Lot 1 is very steep.
Lot 2 is i steep and 1 wet.
Lots 6 ('k peat), 99 11 and 12 are wet.
Lots 3, 4, 50 71 8, 10 and 13 are ' wet.
Block it - Lot 3 is 2/3 wet.
Block 12 - Lots 16N1 179 189 19 and 20 are i wet.
Lots 15, 16S and 21 are 2/3 wet.
The following is a short description of the soils found on the property and
their limitations for building sites, foundations for low buildings, and streets
or low cost roads. Small pockets of sand and gravel are con=on in the upland
soils in this area.
HaB, HaC, HaD, liaE, HaF Hayden loam
Hayden soils consist of undulating to steep, well drained soils formed in glacial
till on convex upland slopes. The surface laver is very dark gray loam a'oout 4
inches thick. The subsurface layer is dark grayish brown loan about 7 inches
thick. The subsoil is dominantly yellowish brown firm clay loam about 34 inc:ies
thick. The underlying material is light olive brown loam.
The major building site limitation is very severe landscape alteration and ero-
sion and sediment hazard on the E and F slopes (18 to 401.), severe landscape
alteration and erosion and sediment hazard on the D slopes (12 to 18`Q , and
moderate landscape alteration and erosion and sediment hazard on the C slopes
(6 to 12). In many Hayden areas, water moves through the soil very slowly and
basement seepage is a common problem.
When used as foundations for low buildings, they have a moderate limitation:
medium shear strength, moderate shrink -swell potential, medium compressibility,
medium bearing values, and basement seepage is a coaumn problem.
When used for streets and low-cost roads, they have a moderate shrink -swell po-
tential, moderate susceptibility to frost action, moderately fine textured sub-
soil, and are k)und on gently sloping to steep topography. On slopes over 12%,
the limitation becomes severe because of deep cuts and fills. The road mainten-
ance problems also increase as the slope increases, especially from erosion and
seepage.
LsB LeSueur clay loam
LeSueur clay loamy are moderately well to somewhat poorly drained loamy soils
over heavy loam or light clay loam glacial till.
The :buidling site limitation is wetness with the seasonal water table at to
5 feet for short periods.
When used as foundations for low buildings, they have moderate limitations:
medium shear strength, moderate shrink -swell potential, medium compressibility,
medium bearing values and possible high seasonal water table.
When used for streets and low-cost roads, they have a moderate shrink -swell
potential, moderately fine textured subsoil, and :aoderate susceptibility to
frost action.
Cs, Cw, Ge Cordova, Cordova -Webster and Glencoe silty clay loamy
Very poorly drained clay loam and silty clay loam soils. These medium
textured materials are coraonly many feet thick. The subsoils are typically
neutral. They occupy 1 to 5 acre depressions and 5 to 40 acre long, wiadin�,
low gradient drainageways. Corzonly associated soils are the poorly drained
Webster soils, the sloping Lester and Hayden soils, and the peat and muck
soils.
The major building site limitation is wetness. The Cordova soils are poorly
drained and the Glencoe soils are very poorly drained and have a high seasonal
water table that ranges from near the surface to a depth of 3 to 5 feet.
When used as foundations for low buildings, they have a severe limitation:
high water table, r;edium to low shear strength and bearing values, moderate
shrink -swell potential, and a medium compressibility.
When used for streets and low-cost roads, they have a high seasonal water
table, are occasionally ponded, and have a high susceptibility to frost
action, moderate shrink -swell potential, and a moderately fine texture.,
Pd Peat and muck, deep
Very poorly drained, deep organic materials (over 31, feet deep) over loam. They
are neutral, very poorly drained, moderately permeable, high in organic natter
with a high water holding capacity. They occur in sloughs, pot holes and drain-
ageways.
The major building site limitations are frequent ponding and organic material
that is very poorly drained with the water table near the surface.
' When used as foundations for low buildings, they have unfavorable soil character-
istics, including organic soil that is very poorly drained and has a high water'
table.
' When used for streets and low-cost roads, they have a low bearing capacity with
the water table near the surface and an organic surface texture.
Sk Sandy lake beaches
Sandy lake beaches are poorly drained sandy materials, commonly about 3 to 5
feet thick over loamy materials. Lake beaches are formed by wave and ice action
around the edges of lake shores and former lake shores and larger peat bogs.
The major building site limitation is variable flood hazard, dppending upon the
lake levels and variable wetness, depending upon whether adjacent to lakes or
drained areas.
When used as foundations for low buildings, they have a severe limit .ion because
of the high seasonal water table unless artificially drained and soil material
varies within short lateral distance.
When used for streets and low-cost roads, they have a high seasonal water table,
low susceptibility to frost action, low shrink -swell potential in the upper 3 to
5 feet and are sandy in the upper 3 to 5 feet.
Ila Marsh
This miscellaneous land type (marsh) includes shallow lakes, ponds and sloughs
that support acuatic vegetation. Emergent plants such as cattails, reeds,
sedges and water tolerant grasses are present. These areas have open water most
of the year. The soil material is too wet to be classified, but is commonly a
peaty muck or a loamy mineral soil. Size of the areas ranges from 2 to 100 acres
and occupies closed depressions and borders of lakes and streams.
These areas are unsuitable for building sites without excessively expensive rec-
lamation work.
rI
For additional soil information, see "Soil Survey - Carver County, Minnesota",
United States Department of Agriculture, Soil Conservation Service, November 1963.
The soil investigations, mapping and interpretations ordinarily apply to the upper
5 to 6 feet of soil material, There should be additional onsite investigation
relating directly to the proposed uses before construction is started.
Attached: Development Plan With Soil Mapping Units Colored to Show Building
Site Limitations and Color Key
1
WILLIAM D. SCHOELL
' CARLISLE MADSON
JACK T. VOSLER
JAMES R. ORR
HAROLD E. DAHLIN
LARRY L. HANSON
RAYMOND J. JACKSON
WILLIAM J. eREZINSKY
' JACK E. GILL
FRANK V. LASKA
' Mr. Lloyd Schnelle, Administrator
' P. 0. Box 147
Chanhassen, Minnesota 55317
SCHOELL & MADISON, INC.
ENGINEERS ANO SURVEYORS
��3\;12356
.,.
aO1`- •„i 60 NINTH ;AVF;UE�SOUTH HOPKINS, MIN NESOTA 55343
L
�0 ,C gR�r�47,"0974
i
ti 9ss� s yF0 �,
�4Gf
Subject: Review of "Residential Sketch F", Ecklund-
Swedlund Lotus Lake Tract, Dated Nov. 5,
1974 and Received December 5, 1974
Dear Mr. Schnelle:
' As requested, we have reviewed the subject sketch plan, as well as five
previous sketch plans for subdivision of the same property, located on the
west side of Highway 101 just north of Colonial Grove and abutting Lotus
Lake.
Sketch F divides the 84-acre tract into 143 lots averaging about 19,600
SF and sets aside 6.8 acres along the south boundary as park. The latter
area includes the south bank of a branch of Purgatory Creek, which carries
the overflow from Lotus Lake eastward. A few lots along the northeast bor-
' der of Lotus Lake appear to contain questionable building sites, but this
can be corroborated by soil borings when detailed planning starts.
An earlier plan, Sketch B, dedicated as park land the high wooded knoll
in the south central portion of the tract and included some dredging to
more clearly define the lake shore line. Objections to any dredging were
raised by the Riley -Purgatory Creek Watershed District Board of Managers,
although not by the Department of Natural Resources in this area; the lat-
ter stated that the only spawning areas which should be protected from
dredging were immediately at the creels opening. Objections to Sketch B
were made by the Highway Department because of excessive street entrances
into 101; This situation has been improved greatly in Sketch F. Refer-
ences.are made to Sketch B only because we believe that it represents a
more desirable arrangement from a municipal standpoint than does Sketch F,
although either would be acceptable in accordance with present ordinances.
STREETS AND DRAINAGE Sketch F includes one long cul-de-sac, about 1,500',
leading up to the top of the wooded knoll. We see no objection to this
length, and prefer it to connecting the adjacent cul-de-sac to the north
because of the excessive grade which would be needed in order to preserve
a maximum amount of tree growth. The subdivision would have only two en=
trances to Highway 101, plus a possible entrance to the proposed public park
in the southeast corner; we believe adequate sight distance will be pro-
vided. Drainage provisions are adequate.
SANITARY SEWER This area is part of the 200 acres which has been desig-
nated to flow through Eden Prairie trunk sewers. That
municipality is now planning such a trunk system and expects to build it
in 1975. There have been preliminary conferences with EP officials but
their demand that Chanhassen contribute toward the construction cost has
SCHOELL & MAOSON, iNa
Mr. Lloyd Schnelle Page 2 December 7, 1974
' not yet been resolved. We do not feel there are insurmountable problems
' involved in providing sanitary sewer to this area and llok forward to a
resolution of problems with Eden Prairie.
WATER SUPPLY This area can be served by an extension of the existing
water system northward on Highway 101, looking toward
an eventual connection with the North Area system on Pleasant View Road.
GENERAL The highway department has been requesting an additional
27' width of R/W in anticipation of future widening of
101, provisions of turn and slip lanes, possible signals, bike paths and
sidewalks. We agree with Eden Prairie that an ultimate 80' wide R/W should
suffice here, requiring an additional 7' dedication. The department's
other objections, we feel, have been adequately provided for in Sketch F.
A 100' setback line from the thread of the creek has been provided
in accordance with the WS district's request. We have not seen a review
by them of Sketch F.
From a city standpoint, we recommend your approval of Sketch Plan F
and suggest that soil borings be made in the low ground bordering Lotus
Lake to insure adequate building area.
Very truly yours,
CITY ENGINEER
WDSchoell:sd
cc? Ecklund & Swedlund, McCombs, Knutson
2.1128-1
tlase map prararMl AUGUST. 1975
City of Ctienhasxn. Planning Department
sauce Cantu County Soil Conwrvmi m Dlahiat
peril 1977
/ LOTUS LAKE(�STATES
/ =16 F" yj
Rum-meo.►t ft4mor
Proposed Sailboat ,, -A +
Moorings ✓" t
Recreational beachlot
(Outlot B)
Proposed Sailboat Moorings .
Beach - Proposed Dock
CITY OF CHANHASSEN
11.181984
COMMU"IITY DE\j L WE%tT DEP
CONDITIONAL USE PERMIT BEACH LOT
(AS APPROVED IN 1980)
Coar.,:il Meeting July 21, 1980 -2-
CONDI7IONAL USE PERMIT, IDTUS LAKE ESTATES BEACH LOT AND ENTRANCE SIGN VARIADX:E:
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
canoe 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 Uniform Waterway Marking System.
3. That the swim area be marked by the above anchored buoys at a reasonable
distance from shore.
Notion seconded by Councilman Geving. The following voted in favor: Mayor
Hobbs, Councilmen Pearson, Neveaux, Geving, 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 Road. 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. Notion seconded by Councilman Neveaux. The
following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving, and
Swenson. No negative votes. Notion carried.
FINAL DEVELOPMENT PLAN - FOX CHASE ADDITION (DERRICK LAND COMPANY): John Shardlow
was present to discuss the proposed plat and answer questions. L
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. Motion
seconded by Councilman Geving. 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. Motion
seconded by Councilman Pearson. The following voted in favor: Councilmen Pearson,
Neveaux, Geving, and Swenson. Mayor Hobbs voted no. Motion carried.
vatuE�tvc:E REQUEST, LOTS 653-658, 683-688, CARVER BEACH: Mike Sorenson is
seekinI 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. Notion seconded by Councilman Geving.
The following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Geving,
and Swenson. No negative votes. Notion carried.
LOT AREA, FRONT YARD, AND REAR YARD SETBACK VARIANCES, IDTS 19 AND 20, RID CEDAR L
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 hone. The existing cabin will
be demolished.
7610 LAREDO DRIVE P.O. BOX 147oCHANHASSEN, IAINNESOTA 55317
(612) 474.8885
MEMORANDUM
TO: City Council and Staff
e_
FROM: City Planner, Mark Koegler'
DATE: July 2, 1980
SUBJ: Lake Study Committee Recommendations on Recreational Outlots-
Lotus Lake Estates Beach Lot.
In the Fall of 1979, the Lake StudylCommittee toured Lakes Minnewashta,
Riley and Lotus in order to personably view the existing condition
of both water quality and shorelaiid'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 -lot areas:
a. Docks - not permitted.
- c
b. Buildings - no --buildings either temporary or permanent
including the storage of ice fishing houses and tents.
C. Swimming` -` permitted.
:Tt.
d. Parking no motor vehicle sIiouId be-dri`ven upon or parked 4
upon outlots.. C.
e_
e. Overnight Camping prohibited': =`--`'}�
f. Moorage - no overnight mooring buoys are prohibited.
These conditions apply 'to-- 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 Staff -2- July
as
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 agende
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 befc
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 propose
outlot policies provide a guideline in evaluating such a request.
The Lotus Lake Estates request as proposed, is consistent with the outl
policies, the thinking of the Lake Study Committee, and the recommendet
of the Planning Commission.
CITY Y OF
'U'" E t MR, � N 131, A 8 S' E N
7610 LAREDO DRIVE&P.O. BOX 147 a CHANHASSEN, 1,41NNESOTA 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.
Comments
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. lion Ashworth _2_ —
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 approximat,
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 significant
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
tt
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 IIome-
owners Association with the inclusion of the following conditions:
Mr. Don Ashworth -37- 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.
A41 �
CITY"OF
Sn
7610 LAREDO DRIVE* P.O. BOX 1479CHANHASSEN,MINNESOTA55317
(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 Planning Commission; the subject
request has been reviewed by the Lake Study Committee and whose
findings are attached.
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=-fioiiedcate addi—
tional pedest=ian way easement up to eight feet plus=orie foot on
each side for maintenance. could be realized through'�the review of
this beach lot conditional use permit__y;s
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
RECO.MEN DAT ION
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:
i
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 Fi
beach lot.
3. That the swimming area not be delineated by marker buoys.
REGULAR SESSION
CHANHASSEN PLANNING CO11MISSION
The Chanhassen Planning Commission met in the Chanhasseb City Ha]I,.
7610 Laredo Drive, Chanhassen, Minnesota, on June 25, 1980 at 7:30 11,.11.
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 Hiller, 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 carn>e racks are
goingto be put in to add them to the plan. So ii: was at their recom-
mention, or their approval, that we get them in. There is a 4 fool:
easement all the way across 0utlot 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 diffexe
if there is 4 feet or 5 feet but I think from the Home Owners Assoc e-re .
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 "aboilt.
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 st:eps
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.11
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 3 inches -
98p of what is there is brush and you're probably going to have 10-12
trees of 11 inch size."
:1 There was discussion on the clearing of the beach area and -marking the
x swimming area with some type of buoy or marker. Bob 17aibel feels than
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.
4�
Walter Thompson moved, Bill Johnson second, that the conditional use pe
be granted under the following conditions: 1)-that the pedestrian way
easement be 8 feet wide; 21 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 5o 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 Commit"',
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.
M4 NUTES
LANE STUDY COMMITTEE MEETING
I May 221 1990, 7:30 p.m.
Chanhassen City Hall - 7610 Laredo Drive Y
a _
The meeting was called to order at 7:30 p.m. by Clhai9:nr..n wally
Coudron. Members Arnie Hed, Jim Thompson, Mike Lynch, Eller,
Chilvers, and Court MacFarlane were present. Chairman Coudron
L on behalf of the Co=ittee extended a welcome to the new members- -
! APPROVAL OF MINUTES: Approval of the April 1i1i.nutes 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_
- ' REVIM-7 OUTLOT RECOZI IENDATIONS: Chairman- Coudron and city Planner
Bark 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 t.h.e
Planning Commission and Council to have one body to review development
_- requests and other occurrences which impact lake usage, and the need 1
"..: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.
jj REVIEW CONDITIONAL USE PERMIT REQUEST
f' ASSOCIATION BEACH LOT: .Memmbers of the Lotus Lake Homeowners
Association were present. The City Planner reported to the cormiittee
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 walk -way. This item was referred to the Lake ,
Study Committee for recc=mendation 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-
j 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. I -lotion seconded. by Mike Lynch and
approved unanimously_ The meeting was temporarily adjourned at
28:30 p-m.
�'• After an on site' inspection of .the Lotus Lake Estates Ilomeot-ners 1
: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 j
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 I•like Lynch
and approved unanimously ,
policies and determined that they should reiluj.ii illll ll4Jsr G\,_VL
' Planning Commiss7 on re itely
$CJ? 'ACE WATER USAGE_ The Ccr[mittee generally, di.vCtt:_ eti. the purpose
lb-eh-i--na-lai-e--p-ic-o-pp-s-eUsurface water. usage 'ordiirleaice. 'dr.<if -- Mike 7•-ync
moved to recommend the draft report to ,the hl.anni'aict -Comrnin 7i i;ssoor.-
theix review- and comnert. The x-Lotior_ was aeccjnited h�� Thompson
passed unan.imtousix_ k
o DISCUSSION 'OF S4Ei 7r LTzA-R ORDINPNCF` ''_-`3: This j',teni Was, tabled until.
P June rgeating.
The CosrgEcu ttee; agreed tci -conduct then' second vrtnua7, tou?: of! Lake,
riynnevia ita on June. aG. and Lakes R£lex and 'I.Gi ia�r 'on: Jiure J 2.. The
tours W:M u$e jiXt At 5:30 p.m.
The -meeiti^.ng was adjourned at 1C1c15
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DEVELOPMENT PLAN
(ORIGINAL APPROVALS, INCLUDING DISCUSSION OF
PURPOSE AND INTENT OF OUTLOT B IN 1978)
,
REGULAR CHANHASSEN CITY COUNCIL MEETING JULY 10, 1978
Mayor Hobbs called the meeting to order at 8:OO P.m. with the following
members present: Councilmen Pearson, Geving, and Waritz. Councilman
1 Neveaux came at 9:15 p.m.
APPROVAL OF AGENDA: Councilman Pearson moved to approve the agenda
with the a ition of the following items:
Status of Construction Projects.
Flood Insurance.
Meeting date.
Official meeting place - City Council.
Motion seconded by Councilman Geving. The following voted in favor:
Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No negative votes.
Motion carried.
MINUTES: Amend the motion under PRELIMINARY DEVELOPMENT PLAN, THE
REg SS, INC, in the June 19, 1978, Council minutes to read: Councilman
Pearson moved to grant preliminary development plan approval contingent
upon access from Highway 5 acceptable to the City and sewer and water
availability. The City reserves the right to withdraw final approval
following the public hearing on July 17, 1978. Motion seconded by
Councilman Waritz. The following voted in favor: Acting Mayor Neveaux,`
Councilmen Pearson and Waritz. Councilman Geving voted no. Motion
carried.
Councilman Waritz moved to approve the June 19, 1978, Council minutes
as amended. Motion seconded by Councilman Pearson. The following voted .
in favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No
negative votes. Motion carried.
Councilman Geving moved to note the June 14, 1978, Planning Commission
minutes. Motion seconded by Councilman Pearson. The following voted in
favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No
negative votes. Motion carried.
Councilman Pearson moved to note the June 28, 1978, Planning Commission
minutes. Mbtion seconded by Councilman Geving,. The following voted in
favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No
negative votes. Motion carried.
Councilman Pearson moved to note the June 28, 1978, Community Facilities
Study Committee minutes. Motion seconded by Councilman Geving. The
following voted in favor: Mayor Hobbs, Councilmen Pearson, Geving,
and Waritz. No negative votes. Motion carried.
LOTUS LAKE ESTATES REVISED DEVELOPMENT PLAN, PRELIMINARY PLAT AND
PUBLIC IMPROVEMENT PROJECT - ECKLUND AND SWEDLUND: a City Manager read
e staff report noting three items or consideration by the City Council.
1)Approval of the revised development plan and preliminary plat for the
first phase and rezoning.
2)Authorize public improvements for Phase I.
3)Reconsider lands abutting Lotus Lkae (proposed to be dedicated to the
1 City as full or partial payment under the Park Dedication Ordinance
J rather than as a "conservation easement"). '
Rick Sathre, Len Swedlund, Mark Swedlund, Jean Lovetang, Bob Hackett,
Pat Boyle, Phyllis Pope, and Fran Callahan were present. Rick Sathre
spoke on behalf of Mr. Swedlund on the proposed development.
Councilman Neveaux came during this portion of the meeting.
Council Meeting July 10, 1978 -2-
Councilman Pearson moved to rezone the tract of land known as Lotus
Lake Estates from R-lA to P-1. Motion seconded by Councilman Geving.
The following voted in favor: Mayor Hobbs, Councilmen Pearson,
Geving, and Waritz. Councilman Neveaux abstained. Motion carried.
Councilman Pearson moved to approve the Preliminary plat of Lotus
Lake Estates Phase I to consist of Lots 1-14 inclusive, Block 1,
Lots 1-29 inclusive of Block 2, and Lot 1, Block 7 as shown on the
Proposed preliminary plat of Lotus Lake Estates dated May 18, 1978,
revised June 14, 1978, and June 19, 1978. Included within the
preliminary plat of Phase I will be Outlots A and B. The balance
of the proposed preliminary plat shown to be Phases II and III to be
platted as Outlot C. Preliminar lat approval is continent uno
resolution of the issue presente by Out of 5-wherrier it is to be
in private 2'wnersn1p or public ownership and what if any credit
the develo ers receive agains.t the park charges of Ordinance 14A.�
Motion seconded y Councilman Waritz. The following voted in favor:
Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. Councilman
Neveaux abstained. Motion carried.
Jean Lovetang is negotiating with Mr. Swedlund to purchase a small
portion of this property which may change the preliminary plat.
Councilman Pearson moved to table action on the public improvements.
Motion seconded by Councilman Geving. The following voted in favor:
Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. Councilman
Neveaux abstained. Motion carried.
MODULAR HOME: Mr. Norman Monroe, 565 Lakota Lane, and several neighbors J
were present objecting to the modular home that is being moved onto J
the lot next door to Mr. Monroe. Residents were invited to meet
with the Building Inspector and review the Plans that were submitted
to the Council. If they are not satisfied they can request to be
placed on a future Council agenda.
JauUb6UN xt;FLAT - FOREST ROAD AND ELM ROAD: Mr. Michael Howdyshell
was present requesting this item be placed on the Council agenda this
evening for consideration. This replat will be on the July 17, 1978,
Council agenda.
FRONT YARD VARIANCE, MICHAEL WALSH, 512 WEST 76th STREET: Mr. and Mrs.
Walsh were present requesting a 17 foot front yard variance to
construct a 24 x 22 foot garage, 8 x 24 foot breezeway, and 10 x 30
foot porch onto their present home at 512 West 76th Street. The
Board of Adjustments and Appeals held a public hearing and voted to
recommend approval of the request. Staff recommended denial of such
a large variance. Covenants for the property require a minimum 16 foot
setback on corner lots. As such, a variance of 14 feet is the maximum
which could be considered.
Councilman Geving moved to grant Mr. and Mrs. Walsh an eleven foot
front yard variance. Motion seconded by Councilman Waritz. The
following voted in favor: Mayor Hobbs, Councilmen Pearson, Neveaux,
Waritz, and Geving. No negative votes. Motion carried.
0
Council Meeting July 17, 1978
-4-
Councilman Pearson moved to continue the public hearing to July 24, 1978, for
the purpose of receiving written comments. Written comments should be to staff
by Friday July 21, 1978. Motion seconded by Councilman Waritz. The folloerinq
voted in favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No
negative votes. Hearing continued at 9:20 p.m.
LOTUS LAKE ESTATES REVISED DEVELOPMENT PLAN, PRELIMINARY PLAT AND PUBLIC
IMPROVEMENT PROJECT: This item was tabled to allow the Council, staff and Mr.
Swedlund to consi er the request of Mr. Swedlund to have Outlot B accepted in
lieu of the park charge. Staff did not recommend that Outlot B be totally accepted
in lieu of the park charge.
RESOLUTION #78-31: Councilman Pearson moved the adoption of a resolution accepting
the Lotus Lake Estates Preliminary Plan with the conveyance of Outlot B to public
ownership to be maintained as undeveloped open space except for a trailway system
of such width and construction as the City Council may determine. Resolution
seconded by Councilman Geving. The following voted in favor: Mayor Hobbs,
Councilmen Pearson, Geving, and Waritz. No negative votes. Notion carried.
RESOLUTION #78-32: Councilman Pearson moved the adoption of a resolution authorizing
the public improvements for Phase I per the Engineer's feasibility study dated
April 12, 1978, and prepare plans and specifications. Resolution seconded by
Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson,
Geving, and Waritz. No negative votes. Motion carried.
Councilman Waritz moved to allow the developer 50% credit against park development
fees in for the donation of Outlot B. Motion seconded by Councilman
Pearson. The following voted in favor: Councilmen Pearson and Waritz. Mayor
Hobbs and Councilman Geving voted no. Motion failed.
HESSE FARM PRELIMINARY DEVELOPMENT PLAN:- Mr. Harold Hesse is requesting_ the
Council waive the application of Resolution 911721 passed September 11, 1972,
which prohibits the consideration of plans beyond the sketch plan phase until
utilities are available or imminent, so that he can develop Phases II and III
of the Hesse Farm. The Planning Commission recommended that in this particular
instance the ,Council waive Resolution 911721.
Councilman Pearson moved to grant a waiver for the application of Resolution
911721 to the Hesse Farm Phases II and III and allow Mr. Hesse to proceed to
proposed preliminary development plan, Planning Case P-058. Motion seconded by
Councilman Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson
and Waritz. Councilman Geving voted no. Motion carried.
FRONTIER DODGE PRELIMINARY DEVELOPMENT PLAN: Frontier Dodge is requesting the
Council reconsider their preliminary development plans for an automobile
dealership on Lot 9, Block 1, Frontier Development Park. The Council approved
the preliminary development plan approximately two years ago under the condition
that the applicant enter into a development contract prior to the City considering
rezoning of the property. The applicant was unable to proceed under the original
schedule because of financial conditions and is now requesting approval.
Councilman Pearson moved to rezone Lot 9, Block 1, Frontier Development Park
from I-1 to C-3. Motion seconded by Councilman Geving. The following voted in
favor: Mayor Hobbs, Councilmen Pearson, Geving, and Waritz. No negative votes
Motion carried.
Councilman Geving moved to approve the issuance of a conditional use permit
Council Meeting August 7, 1978 -3-
misused. Motion seconded by Councilman Geving. The following voted in
favor: Mayor Hobbs, Councilmen Pearson, Neveaux, Waritz, and Geving.
No negative votes. Motion carried.
LOTUS LAKE ESTATES - REQUEST FOR RECONSIDERATION: Len Swedlund was
present requesting reconsideration of action taken July 17, 1978, whereby
Outlot B would be under public ownership. Mr. Swedlund suggested that
Outlot B remain in private ownership under a homeowners association
with an easement for a public trail across Outlot B.
Councilman Neveaux moved to reconsider in light of Mr. Swedlund's letter
of July 31, 1978. Motion seconded by Councilman Waritz. The following
voted in favor: Councilmen Pearson, Waritz, and Neveaux. Mayor Hobbs
and Councilman Geving voted no. Motion carried.
Councilman Neveaux moved to amend Resolution #78-31 to allow for private
ownership through a homeowners association of Outlot B with a public
trailway easement across Outlot B. Staff will prepare the necessary
document for resubmission to the Council. Motion seconded by Councilman
Geving. The following voted in favor: Mayor Hobbs, Councilmen Pearson,
Neveaux, Waritz, and Geving. No negative votes. Motion carried.
REVIEW HOUSE MOVING PERMIT, ROMAN SINNEN, 535 LAKOTA LANE: The Council.
considered th.s item on September 6-, 1977., and approved a permit to _
move in three modular units and combine them into one single family home.
Since that time the City has received a petition questioning whether or
not those units were in line with the original conditions of the Council.
Staff has contacted Mr. Carl Norlander, Inspector, Building Code Division,
State of Minnesota. Mr. Norlander inspected the site and reviewed the
plans. It was his finding that that structure with the changes that
are proposed to be made will meet the residential building code standards.
Mr. Norlander will forward a letter to the City verifying the above.
No action was taken.
SUBDIVISION REQUEST, FRANK METZIG, 6400 CHANHASSEN ROAD: Mr. Metzig is
requesting approva to subdivide.3501 x 2111 into three lots. The
Planning Commission held a public hearing and recommended approval.
Councilman Pearson moved to approve the subdivision request of Mr. Frank
Metzig for property at 6400 Chanhassen Road. Motion seconded by Councilman
Waritz. The following voted in favor: Mayor Hobbs, Councilmen Pearson,
Neveaux, Waritz, and Geving. No negative votes. Motion carried.
VARIANCE REQUEST, DOWNTOWN BUILDING MORATORIUM, ROOS PROFESSIONAL
BUILDING AND REZONING/PRELIMINARY DEVELOPMENT PLAN: Roman Roos was
present requesting approved to construct two 11,000 square foot professiona
medical/dental office buildings on property located approximately 230
feet west of the intersection of Laredo Drive and West 78th Street on
the south side of West 78th Street.
Councilman Neveaux moved to accept the Planning Commission, the Planner
and City Manager's recommendations to grant a variance to Ordinance 47-K
for Planning Case P-551 Chanhassen Professional Building. Motion
seconded by Councilman Geving. The following voted in favor: Mayor
Hobbs, Councilmen Pearson, Geving, Neveaux, and Waritz. No negative
votes. Motion carried.
Planning Commissio:-,leeting June 14, 1978 , -10-
21' of Lots 2570 and 2571 into two single family lots. The Planning
Commission recommended that a 20 foot remnent in the west central portion
of the property be shifted to the northern proposed lot. The applicant
has done this.
Mr. Schwartz, owner of property across Mandan, asked if his property
(80' x 100')is suitable for a home? Mr. Schwartz was told that his
question had no bearing on the public hearing and he should see city
staff regarding his property.
Les Bridger moved to close the public hearing. Motion seconded by Jerry
Neher and unanimously approved. Hearing closed at 10:00 p.m.
JACOBSON REPLAT, FOREST ROAD AND ELM ROAD,CARVER BEACH: Mal MacAlpine
moved iO recommend the Council approve the replat of the subject parcel
into two building sites as identified on Exhibit A dated June 14, 1978,
with the understanding that a new survey will be taken as required.
The Planning Commission further recommends the Council approve lot area
variances for both lots and frontage variance on the northern lot
abutting on Forest Road. Motion seconded by Les Bridger and unanimously
approved.
PUBLIC HEARING
ECKLUND AND SWEDLUND LOTUS LAKE ESTATES
PLAN AMENDMENT AND REZONING
Roman Roos called the hearing to order at 10:15 P.M. The following persons
were present:
Mark Swedlund, Route #3, Box 501, Mound
Pick Sathre, McCombs -Knutson Assoc.
Bob Hackett, 6850 Chanhassen Road
Henry Atwood, 8007 Dakota
Bill Brezinsky
Russell Larson
The Assistant City Planner read the official notice as published in the
Carver County Herald.
Bob Waibel - As you recall, at the last Planning Commission meeting there
was concern whether or not the road cut in the northwest
corner of the plat,which would egress onto the proposed
Lotus Lake Neighborhood Park, should remain in the plans or
not. Because of the neighborhood status of this park„ it
is the feeling of this planner, that the proposed park will
not generate unduly large volumes of traffic through this
development, but will simply provide safer access from this
development to the park. The Park and Recreation Commission
has voted to that Outlet B be set aside for public use,
open space, and lakefront preservation, and trail corridor
serving the Lotus Lake Park. The Park and Recreation
Commission recommended that the park dedication fee be
maintained and remitted for each lot at the time of building
permit issuance. I was contacted by Jean Lovetank who
expressed concern about Lots 1-8 of Block 1 with respect to
landscaping and grading on said lots because of their
proximity to Purgatory Creek. Upon consultation with the
City Engineer and my personal review of the plans and the
property, I believe that any cut and fill activities on the
Planning Commission Meeting June 14, 1978
-11-
subject lots will be of no major significance or degradation
of the immediate environs. All grading in areas such as this
are bound to the requirements of the Riley Purgatory Creek
Watershed District Rules and Regulations.
From the plans submitted to date, I recommend that the Plannin
Commission base their recommendation of approval of Ecklund
and Swedlund's Lotus Lake Estates and rezoning upon the
following grounds and reasons:
1. That the applicant state at this time the timing and
phasing of this development and be bound to such.
2. That the open space system be considered part of the
transportation plan and that Ecklund and Swedlund be bound
to park dedication fees as prescribed by ordinance.
3. That all soil tests be approved by the City Engineer.
4. That the DNR grants approval for dredging along the
area indicated as future lagoon.
5. That the southern entrance to the proposed development
be redesigned to include exit and entrance lanes divided by
a median to staff approval.
6. That right of access and easements be granted to the City
to provide for adequate maintenance of any and all holding
areas. That all development activity conform to conservation
practices as prescribed by Soil and Water Conservation
District, Department of Natural Resources, and the Riley
Purgatory Creek Watershed District.
Rick Sathre
- In response to the request about the divided entrance, we
have prepared a drawing that shows two things; the DNR has
not established the line that they are interested in acquirinc
up to. In this drawing we are showing what they had intended
at that time. Now, recently, they have expressed some
interest in moving that line a little farther north. We
have resketched that and pulled the street over a bit and
put in a divided entrance and increased the area adjoining
the Lovetang piece. I suspect that since the other drawing
is the one that was entered for the record that's the one
you would have to act on. It would be our intent to
make that change.
Roman Roos -
Does the DNR agree to the changing of the boundary?
Rick Sathre
- That's their suggestion. The road location that you were
discussing, I don't think that where it is would be too
much of a problem. Whichever road location is chosen
we would grade that in phase 2. The only problem that I
can see that we would like to resolve with the commission
and hopefully receive a recommendation that would reverse
the park people. We think it's very important to the
development that the outlot area be credited as far as
park, dedication. If you didn't feel it was valid to give
us that credit based on the nature of the use as proposed
there, I think we would like to maintain private ownership
of it. We all know it's a very valuable piece of land.
Basically, the development is 140 lots proposed in three
phases over the next few years starting as soon as utilities
could be scheduled in.
Bob Hackett
- I am representing Jean.Lovetang. .We spoke with the DI4R,
they were out last Friday morning.. We have been working
Planning Commission _�Ieting June 14, 1978 1 -12-
with Len Swedlund on obtaining the area alongside her
property because her road now runs right through that.
The DNR came out and proposed to us that they were going
to purchase to the original line. Since that time they
have come with a different line, which we proposed to them.
I think moving this line over is an acceptable thing.
This new proposal is much more acceptable to us than the
original.
Mal MacAlpine left the meeting at 10:30 p.m.
Jerry Neher
moved to close the public hearing. Motion seconded by
Walter Thompson and unanimously approved. Hearing closed at 10:35 p.m.
ECRLUND AND
SWEDLUND, PLAN AMENDMENT AND REZONING:
Les Bridger
- I like the new plan better. I think it has handled the
Lovetang property in an equitable manner. We have
discussed this for several years now and I think we have
kicked around just about every aspect of the thing plan wise
and any other aspect. I do have the concern about the
outlot problem. We should address that and discuss that
and I think everything else as far as I am concerned looks
good to me. I wish there was someone here from the Park
and Recreation Commission that could address that issue
because I know by giving the Outlot B in dedication
Ecklund and Swedlund are really complying with what we
requested a few years ago, what we had considered a
conservation easement at that time and they have complied
with that. It's allowing a green area by a lake. It's
dedicated to public in general and allow access to the lake
without destroying aquatic.vegetation as we were concerned
with a few years ago. As park land, I don't know if it
can be considered park land as such. The Park and
Recreation Commission has made a recommendation to us after
their consideration and deliberation, I am sure a lot of
thought has been put into it.As to why this can't be
;_considered park property as far as the needs of Ecklund
and Swedlund to meet the criteria for park land dedication.
As we can see there is no place else for a park there. They
would have to remove several lots to make some kind of a
little park in there.
Bob Waibel -
The park, dedication fee as it would be applied in this
case would be of no actual cost to the developer. It would
be remitted at the time of the building permit. The real
cost is what it does to affect the developers ability
to sell the property.
Roman Roos -
Do you recall what Park and Rees feelings were on this.
Bob Walbel -
I guess most of the members had been involved with this
plan the last time it had gone through and this is essentially
the same plan, the outlot, the transportation plan, the
comprehensive plan also showed there being a connection
to a future park in that area which is the Lotus Lake Park.
It is part of a trailway. I don't know how far that issue
was taken the last time it had gone through. It seems to
be a precedent at least to me it's a precedent.
II Jerry Neher
- Ecklund and Swedlund were more or less dictated to as far
i
as that property is concerned, practically in my mind
a taking of the property. It is my feeling that they
;Planning Commission -eting June 14, 1978 -13-
should be given some credit, maybe not 100%,but a portion
of it should be credited. I don't believe I could go for
100% of it.
Bob Waibel
- I would like to consult the Park and Recreation Commission,
the City Manager and City Attorney.
Roman Roos
-.I have a real hang up as to what in the devil is park and
what is not park.
Jerry Neher
- In my opinion that's park.
Roman Roos
- Private ownership defeats exactly what we were trying to do
initially so the developer was bound to donate that land
period.
Walter Thompson - In looking at the Park's recommendation they are very
definitely stating Outlot B. I am wondering if that
property lends itself to a trailway.
Les Bridger
- That would-be more than a trailway. How much land are we
talking about in Outlot B? When does a trailway end and a
park begin? I -see in my mind a trailway as a pathway through
a woods or along a lake.
Jerry Neher
— That's something over 100 feet wide.
Les Bridger
- That's not what I consider a trailway system. A little
green path, yes.
Rick Sathre
- The average width must be about 120 feet or so. It's about
1600 feet long.
Les Bridger
- I couldn't consider that a trailway.
Roman Roos -
If Ecklund and Swedlund had wanted to donate that land it
would be quite a different picture than we requesting
that we get that land. I have a real hang up because you
are looking at dollars that have been given to the city
to accommodate the city and you are also talking of putting
Ordinance 14A on it. I don't know if I can go along with
both of them. If that had been unusable land and they
were trying to use that land for thepurpose of eliminating
14A then I would take a whole different perspective.
Les Bridger
- This is prime land. We discussed that it would be a
deterrent for the sale of that property. People would
like to own right up to the waters edge and with this
_they cannot. Would this Outlot B meet the requirements
of park land dedication if we were to accept it as such
or would additional monies have to be paid? We are not
armed with the reasons why the Park and Rec Commission
would not consider this as park land. I wish I had something_
that would have portrayed their reasons for that decision
because as I look at it I see park land. It's right on
the lake. It's very amenable to persons in the city to
go out and explore that area of the lake. I think it would
be excellent park property. I think that's what we had in
mind when we began this whole project that that would be
a park area. Granted there will be another park just to
the northwest but this will be just an extension of that.
Jerry Neher-
I would be interested in knowing what percentage of
property can be donated for park. That's my basis upon
saying a percentage.
Bob Waibel -
The problem of definition came up with this Western Hills
-park. That's a roadblock we will have to anticipate if
we try to propose the use of this as a part of the acreage
requirement:
Roman Roos -
We can make a recommendation this evening, to Council.
Along with our recommendation will be the Park and Rec.
recommendation as well as staff. The Council is going to
have to weigh the issues.
Planning, Commission -leting June 14, 1978 1 -14-
Les Bridger - If that outlot property were located somewhere else in
the development, is there no reason why that could not
be considered park land as their dedication. Just because
it happens to be lakeshore Droperty really should not
make a difference and I hope that is not a consideration
that is being placed by the Park and Rec. I, personally,
would like to see consideration by staff at least look
into the possibility of accepting this as earl: land
and if it doesn't quite meet the criteria as set.forth
for park dedication for this development then I would
like to see the difference made uD in funds placed in
escrow for park development.
Les Bridger moved to recommend the Council approve the rezoning., and
plan amendment for Ecklund and Swedlund Lotus Lake Estates as Dronosed
with the six points listed in the Planner's recommendation and further
recommend that staff review, perhaps with Park and Recreation Commission,
the Planning, Commission member's feelings as presented tonig,ht
concerning the acceptance of Outlot B as park property and the
possibility of additional funds if that doesn't meet the requirement
for park land dedication. Motion seconded by Walter Thompson and
unanimously approved.
PUBLIC HEARING
MTS PLAN AMENDMENT
ROOS PROFESSIONAL BUILDING
Walter Thompson called the hearing to order at 11:10 n.m, The following
interested persons were present:
George Butzow, 421 Bushaway Road, Wayzata
Henry Atwood, 8007 Dakota
Gary Eastburn, 1225 Hesse Farm Circle
Bill Brezinsky
Roman Roos abstained from voting on this issue. The Assistant City
Planner read the official notice as published in the Carver County
Herald.
The purpose of this hearing is to consider amending the MTS development
plan to allow for construction of office/professional buildings'
to be located in the northwestern corner of the MTS property.
Bob Waibel - Mr. Roos intends to construct two professional buildings
on that part of the MTS property severed by the proposed
' frontage road. Building no. 1 is proposed for professional
services and building no. 2 is Proposal for medical and
dental services: It is difficult to estimate the number
of parking spaces needed for this Proposal. Using the most
stringent ordinance requirement of'l parking space for
every 300 square feet of gross floor area, it can be
determined that 73 spaces are required. The proposed
plans are 13 spaces deficient from this standard. This
problem may be augmented, however, if the applicant can
tell us how many medical or dental tenants will occupy
building no. 2. Section 9.07 of Ordinance 47 states that
a minimum of six off street parking, spaces shall be required
for each doctor or dentist maintaining, professional offices
within the principal structure. A letter dated ITav 24,
1978, from Mr. Butzow, President of the MIS Systems Corp.,
states that the applicant will present his plans to an
open meeting of the Chanhassen Estates residents. The
C
, dU 7 7*�
jam' �.. �•._ :
Home Builders since 1946
July 31, 1978
Mr. Don Ashworth, City Manager
City of Chanhassen
P.O. Box 147
7610 Laredo Drive
Chanhassen, MN 55317
Subject: Lotus Lake Estates Subdivision
Dear Mr. Ashworth:
We have reviewed the terms and conditions contained in resolution 7$ 31
and resolution 7$-32 adopted by the Chanhassen City Council at their
meeting of July 17, 1978 for the preliminary plat approval and public
improval project of -Phase I Lotus Lake Estates Subdivision. We find
the terms of these resolutions acceptable with the following suggested
additions:
1. The dedication of Outlot B to the City of Chanhassen to be
maintained as undeveloped open space except for a trailway
System of such width and construction as the City Council
may determine is an acceptable provisions of this subdivision
provided that the dedication of Outlot B shall retain the
right in the name of the Lotus Lake Estates Homeowners
Association to use Outlot B for the enjoyment of the reparion
rights to Lotus Lake. The Homeoweners Association consisting of
140 property owners of the Lotus Lake Subdivision will retain the
following rights to Outlot B and to Lotus Lake:
A. The right to maintain a swimming beach area along the
southern portion of Outlot B.
B. The right to maintain areas of Outlot B for the purposes
of sunbathing, picnicing, hiking and the general enjoyment
of the lake -shore property.
C. The right to maintain a dock structure into Lotus Lake for
purposes of fishing and general dock usage.
D. The right to maintain, store and use non -motorized watercraft
such as canoes, paddle boats, sail boats, sail boards and
other non -motorized water craft.
11c )SIG UEti1G\CET"I'GI2 Rr). tius:ks� 1!)-NYN Ii>;hw;ry ,� L'scrlsiur, \finncti�H.t .a.ti ��;121474 59_1
C
-'�..+•' Home HWldem slr 1946
Mr. Don Ashworth — 2 — July 31, 1978
E. The right to maintain a dockage area for use of members
of the Homeowners Association for the storage of motorized
watercraft 16 feet and less in length and equiped with
20 or less horsepower motors.
F. The dedication would recognize the Homeowners 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.
The dedication of Outlot B to the city would also be conditioned upon
a 50 percent credit in the park dedication fee recognizing the public
benefit of Outlot B to the general public's benefit of the trail
system as part of the overall park program of the city and the park
benefit to the residents of the Lotus Lake Estates Subdivision.
2. The provisions of the public improvement project for Phase I would
contain a provision that would allow the prepayment of pending
assessments on any lot prior to the certification of the final
assessment amount. The amount of this prepayment would be determined
by prorating the engineer's estimate at time of bid letting against
the lots in Phase I. We would than have the opportunity of prepaying
the pending special assessments on any lot at time of closing. At
the time the final assessment amount is determined, we will pay in
cash any shortages on lots released before that time or we will
receive as a credit any overages paid on lots released prior to that
time. ' "The provision of the ten percent financial guarantee i,311
also provide further security for the city to insure that these
assessments are paid in full. Unless we can develop a procedure to
escrow funds equal to twrice the estimated pending assessments on
any lot closed prior to the certification of these assessments. This
double escrow of funds, of course, elminates any advantage there might
be in a city financed improvement project for this subdivision.
If the terms of these conditions are acceptable to the city council we will
proceed with the final plat preparation and would sign an agreement allowing
the public improvement project Phase I to commence immediately. It would
be our intention that the sewer and water connection together with the rough
graded street mould be completed this fall to allow the issuance of building
permits in late September for hook—up to the sewer and water by November of this
year.
HU\1L'I �FaIGNCkiKfFR vo.1U)s.1ti 194AX)Hg11Way7 L'�cclsiur. A)innruisa :;a.sl 16131174:.Ysl
Mr. Don Ashworth
Home Builders since 1946
- 3 - July 311 1978
We would be pleased to meet with you and your staff at any convenient time to
discuss the conditions set forth in this letter and olould further request that
this matter be presented to the City Council at the earliest possible time.
Thank you for your cooperation in this matter.
You s truly,
Zu
ECKLUlD & STO DLUdD
Len S:•redlund
C'C ;?3 s�
RZCZI D
LLAGE op CH cC.
ANHASS :7.
Iy1NtL
1ION I E nrs I GNC:N 1'Ia1 11.n. BOX314 Ie4(Xi I l 1911%cup7 l i\CPISIor.htlrmvC it, ; :I.;I AG1 2)474 0021
G.
DEVELOPMENT CONTRACT
AND
SUPPORTING DOCUMENTS
1
A. H. MICHALS LAW OFFICES
4 PROF[6uONAL ASSOCIATION
400 MINNESOTA FEDERAL BOILDINO
607 MAAOUFTTF AVENUE
MINNEAPOLIS. MINNESOTA 55402
338.0623
February 6, 1979
Mr. Craig P1. Mertz, Esq.
LARSON & MERTZ
Attorneys at Law
1900 First National Bank Building
Minneapolis, MN 55402
Re: Lotus Lake Estates -
Dear Mr. Mertz:
I am enclosing herewith a revised Declaration -
Development and Declaration of Covenants with reference
to the above -captioned matter. Upon these documents
being recorded with the Carver County Recorder, I will
cause to be filed with the Secretary of State the Articles
of Incorporation for Lotus Lake Estates Homeowners Associa-
tion. It is my understanding B-T Land Company will receive
a Deed for Outlot B, Lotus Lake Estates when their obliga-
tion under the Contract for Deed has been completed.
Outlot B, Lotus Lake Estates will then be transferred to
Lotus Lake Estates Homeowners Association. If the City
of Chanhassen requires any changes, modifications or
deletions, kindly advise.
Silicerely yours,
A. H. Michals
AHM/llk
Enclosures
cc: B-T Land Company
1055 East Wayzata Boulevard
Wayzata, MN 55391
RECF71%f
JUN L tI j991
CITY Of CHANHA6SEN
DECLARATION -DEVELOPMENT
TI11S DCCLARATION-DFVELOPMENT made this 7th day of
February, 1979, by D-T Land Company, a Minnesota Corporation, and
Ecklund & Swedlund Contruction Corporation, a Minnesota Corpora-
tion, hereinafter referred to as "DECLARANTS'.
DECLARANTS hereby impose upon and subjects all of
the lots situated in the County of Carver, State of Minnesota,
described as follows, to -wit:
Lot 1 through 9, inclusive, Block 1; Lots 1
through 35, inclusive, Block 2, all in Lotus
Lake Estates, '
ter.+ the following conditions, restrictions, reservations and cov-
enants for the benefit of said property, its present and future
r\ +y5
,1� •` � owners and agree that as DECLARANTS convey each lot, the con-
y
�• veyance shall be made subject thereto.
'� ddSS��'�����jjjj''''"� \, / 1. As used herein, a building site shall consist of
p �1 Olti one or more plotted lots or one plotted lot and
/ '}J portion or portions of adjacent plotted lots which
are owned by the same party or parties.
y 2. No lot shall be used except for a residential
1 s'' _purpose. No building shall be erected, altered,
V� placed or permitted to remain on any lot other
than: (a) One detached single-family dwelling
✓� .l p„ unit; (b) one private garage, attached or detached,
�f X-� for not less than two cars nor more than three cars,
bs
and (c) one accessory building. There shall be now
7(" .11r,� structure of a temporary character, or mobile home;
and there shall be no overnight parking.
3. No building shall be erected, olaced or altered on
any lot until the construction plans and specifica-
tions and a plan showing the location of the structure
shall have been approved in writing by any officer
of B-T Land Company, or its assignee, as to conformity
in harmony of external design with existing structures.
-1-
4
3
6
7
8
in the subdivision and as to the location
Of the building with respect to property and
building set -back lines. In the event B-T Land
Comuany, or its assignee, fails to approve or
disapprove within thirty (30) days after ,.plans and _
specifications have been submitted to them or, in
any event, if no suit to enjoin the construction has
been commenced prior to the completion thereof,
approval will not be required and the related covenant
shall be deemed to have been fully complied with.
No dwelling of less than two stories shall be erected, -
altered, placed or permitted to remain on any lot un-
less such dwelling contains at least 800 square feet _
of finished living area located above grade, exclusive
of area included within open porches and garages.
No dwelling of two stories or more shall be erected,
altered, placed or permitted to remain on any lot
unless such dwelling contains at least 1000 square
feet of finished living space located above grade,
exclusive of area included within open porches and
garages.
All utility meters, located on the exterior of the
building, shall be concealed from view from off the
site or architecturally treated to blend with the
building.
No noxious or offensive activity shall be carried on,
upon any lot, nor shall anything be done thereon
which may be or may become an annoyance or nuisance.
No trash or debris shall be left on any site except
in approved containers. No trash receptacles, or
incinerators, or garbage cans shall be located
outside of a building unless completely screened
from view from off the site.
All sites shall be served by underground electric -
distribution facilities. Such electrical facilities
shall be located on or beneath the ground surface.
).
ZL
+Poles, wires, or other above ground electrical"
service distribution facilities may be temporarily
installed during the construction or repair of the
underground electric cables and facilities, the
grade or contour of the land above the adjacent to
said facilities shall not be substantially increased,
decreased or otherwise changed or altered after
installation of the underground electrical system
without the written consent of the electric utility
company providing such service.
9. Drainage and utility easements are hereby designated
as shown on the plat. No building, fence or other
obstruction shall be placed over this easement.
Each owner shall be responsible for appropriate
drainage to street or drainage area with no run-off
to adjoining lots. Excess fill or earthy materials'
must be left on subdivision and cannot be removed
without prior written approval by anv officer of
D-T Land Companv.
10. These covenants shall run with the land and shall be
binding on all parties and all persons claiming under
them for a period of thirty (30) years from the date
these convenants are recorded, after which time said
covenants shall be automatically extended for succes-
sive periods of. ten (10) years unless an instrument.
signed by a majority of the owners of the lots have
been recorded, agreeing to change said covenants in
whole or in part.
11. Enforcement shall he by proceedings at law or in
equity against any persons violating or attempting
to violate any covenant either to restrain the said
violator or to recover damages.
12. Invalidation of any of these covenants and restrictions
by judgment or court order shall not affect any of
the other provisions which shall remain in full force
and effect.
-3-
r
IN WITNESS WHEREOF, U-T Land Companv, a Minnesota
Corporation, and F.cklund 6 Swedlund Construction Corporation,
a Minnesota Corporation, have caused these Presents to be
signed by its Vice President and President, respectively, this
7th day of February, 1979.
13-T LAND COMPANY
13y :
Rick D. Murray, its vice
President
ECLUND 6 SWEDLUND CONSTRUCTION
CORPORATION
Dv:
Jack L. Swedlund, its
President
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNFPIN)
The foregoinq instrument was acknowledged before me this
7th day of February, 1979, by Rick D. Murray, Vice President
of E-T Land Company, a Minnesota Corporation, on behalf of the
corporation.
Notary Public
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEP.IN)
The foregoing instrument was acknowledged before me this
7th day of February, 1979, by Jack L. Swedlund, President
of Ecklund 6 Swedlund Construction Corporation, a Minnesota
Corporation, on behalf of the corporation.
W Ym.st Wn D,&tW 6,
A. H. MICHALS
Aftomay at Law
607 MAFCUME AVE
MOORAPOU6, MINRL4U A5P2
7]aa623
-4-
Notary Public
COVG'NANTS, DyCLA I` XONOP
CONDI7.I0NS AIJD
THIS UECLA,1,fON r�COMPANy, made on RESTRI
B-T LAND CTIONS
Dr�1.I,o, a Minn th
esota Corperati on, her ein ft ter set
referred
ef tr forth
by
lying and bo-�As• DcyeloPer iI T N E S S _T !1: ed to as
In
described at f Mowthe
h to w t4 Of Carver and State heaser of the land ..
I th I thru 5 f Minnesota.
ru 8, nc Incl
3q and 35 In IIlocke -1 10 is 8 and
all
LeonLots
g in the Co ty Developer is, the P c Lotu-s Lake Bst t sand Lots
and
Minn g, Block
4h1EREAS,OE k ake ES tars Sand Of Owner
linn sfo and describe, lying and
e$ota fund a Abed as
in the COu t°rPora tIon, is the fee di and construction
Block 1 and Lot Carver and State owner Of the land CorPOratiOn, a .
mortgage of 31, Block 2 Lo of Minnesota, de lyng and being
F'1fERe record running in fa or Lake Estates, sub ibed as Let I,
N wherein conditions
and rest Developer desires t Developer, and jeer to a first
ctio
f covenants ckl and s Swedlu d s on the reale tat a certain covenants,
e d
4tin, an
rti ND'en ib., ORE d r Sti-iction5•n Corpora ion consents t herein, -
Prop,
to the fell des,
cribed herein shallOPER does hereby decl O said
which are for Owing easements, r be held,
sold are that the
and which shag the Purpose f Prsrlcti ons, covenant d conveyed subject
Parties havi.. I run with, the tecting the veal ale sand conditions
right
inure to r there f their he •le or nteP st .a d be b nd n4 on llty of,
e benefit of each owner essors and assigns, abed Properties
thereof. and shall
ARTICLE j
Section _ OEPINIT state Romeowl�-AS-17 IONS
rs Association, its
t shall mean and re s successors and assigns.
to etas Lake
i igns,
-1-
0
Section 2. "OWNER" shall mean and refer to the record
owner, whether one or more persons or entities, of the fee simple
title to any lot subject to the Declaration, but shall not mean or
refer to the mortgagee of any such lot unless and until such mortgagee
has acquired title pursuant to foreclosure of said mortgage and the
Period within which the fee owner may redeem from such foreclosure
has terminated. where any such lot is being sold by the fee owner
to a contract vendee who is entitled to possession of the lot, the
contract vendee shall be considered the "Owner" of the lot upon
furnishing adequate proof to the Association.
Section 3. "PROPERTIES" shall mean and refer to that 1C9
certain real property described in the Declaration, and such addi-
tions thereto as may hereafter be brought within the jurisdiction
of the Association.
Section 4. "COMMON PROPERTIES" shall mean all real pro-
perty (including the improvements thereto) owned or to be owned by
the Association for the common use and enjoyment of the owners. The
Common Property to be owned is described as Outlot B, Lotus Lake
Estates, but not limited to said Outlet.
Section 5. "LOT" shall mean and refer to any plot of land
shown upon any recorded subdivision map of the properties with the
exception of the Common Property.
Section 6. "DEVELOPER" shall mean and refer to B-T Land
Company, a Minnesota Corporation.
e ARTICLE II
PROPERTY RIGHTS `
Section 1. Owner's Easements of Enjoyment. Every OWNER
shall have a right and easement of enjoyment in and to the Common
Property which shall be appurtenant to and shall pass with the
title to every lot, subject to the following provisions:
(a) the right of the Association to charge
reasonable admission and other fees for the use of any
recreational facility situated upon the common property;
(b) the right of the Association to suspend the
voting rights and right to use of the recreational
-2-
• � �-, —,rye
facilities by an OWNER for any period during which any
assessment against his lot remains unpaid; and for a
period not to exceed 60 days for any infraction of its
published rules and regulations;
(c) the right of the Association to dedicate or
transfer all or any part of the Common Property to any
public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by
the members. No such dedication or transfer shall be
effective unless an instrument agreeing to such dedication
or transfer signed by two-thirds (2/3) of each class of _
members has been recorded.
Section 2. Delegation of Use. Any OWNER may delegate,
in accordance with the By -Laws, his right of enjoyment to the
Common Property and facilities to the members of his family, his -
tenants, or contract purchasers who reside on the property.
ARTICLE III
9
MEMBERSHIP AND VOTING RIGHTS
Each OWNER of a lot which is subject to assessment by the
Association shall be a memberof the Association. Membership shall
be appurtenant to and may not be separated from ownership of such lot."�`Y`""="'"
The Association shall have two classes of voting member-
ship:
Class A. Class A members shall be all OWNERS of one or
more lot, except DEVELOPER. Each Class A member shall
be entitled to one vote for each lot owned by him. When
more than one person own any lot, all such persons shall
be members. The vote for such lot shall be exercised as
they among themselves determine, but in no event shall
more than one vote be cast with respect to any lot.
Class B. The Class B member shall be the DEVELOPER.
The Class B member shall be entitled to three votes for
each lot owned by it.
The Class B membership shall cease and be
converted to Class A membership on the earlier of the
following dates:
In i
1 +
-3-
a. When the total votes outstanding in Class
A membership equals the total votes out-
standing in Class R membership, or
b. December 31, 1985.
ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the ,Lien and Personal Obligation
of Assessments. The DEVELOPER, for each lot owned within the property
hereby covenants, and each OWNER of any lot by acceptance of a deed
therefor, whether or not it shall be so expressed in such deed,
is deemed to covenant and agree to pay to the Association (1) annual
assessments or charges, and (2) special assessments for capital
improvements, such assessments to be established and collected as
hereinafter provided. The annual and special assessments, together
with interest, costs, and reasonable attorney's fees, shall be's
charge on the land and shall be a continuing lien upon the property
against which each such assessment is made. Each such assessment,
together with interest, costs and reasonable attorney's fees, shall
also be the personal obligation of the person who was the OWNER of
such property at the time when the assessment fell due. The personal
obligation •for delinquent assessments shall not pass to his successors
in title unless expressly assumed by them.
Section 2. Purpose of Assessments. The assessments levied
by the Association shall be used exclusively to promote the
recreation, health -safety, and welfare of the residents in the `
properties and for the improvement and maintenance of the Common
Property.
Section 3. Maximum Annual Assessment. Until January 1
of the year immediately following the conveyance of the first lot to
an OWNER, the maximum annual assessment shall be Twelve Dollars
($12.00) per lot.
(a) From and after January 1 of the year
immediately following the conveyance of the first 1
to an OWNER, the maximum annual assessment may be
increased each year not more than 58 above the maxis
assessment for the previous year without a vote of
the membership.
(b) From and after January 1 of the year
immediately following the conveyance of the first lot
to an OWNER, the maximum annual assessment may be
increased above 5% by a vote of two-thirds (2/3) of
each class of members who are voting in person or by
proxy, at a meetinq duly called for this purpose.
(c) The Board of Directors may fix the annual
assessment at an amount not in excess of the maximum.
Section 4. Special Assessments for Capital Improvements.
In addition to the annual assessments authorized above, the
Association may levy, in any assessment year, a special assessment
applicable to that year only for the purpose of defraying, in
whole or part, the cost of any construction, reconstruction, repair
or replacement of a capital improvement upon the Common Property,
including fixtures and personal property related thereto, provided that
any such assessment shall have the assent of two-thirds (2/3) of the
votes of each class of members who are voting in person or by proxy at
a meeting duly called for this purpose.
Section 5. Notice and Quorum for Any Action Authorized
Under Sections 3 and 4. Written notice of any meeting called for
the purpose of taking any action authorized under Section 3 or 4
shall be sent to all members not less than 30 days nor more than 60
days in advance of the meeting. At the first such meeting called,
the presence of members or of proxies entitled to cast sixty percent
(608) of all the votes of each class of membership shall constitute
a quorum. If the required quorum is not present, another meeting
may be called subject to the same notice requirement, and the
required quorum at the subsequent meeting shall be one-half (1/2)
of the required quorum at the preceding meeting. No such subsequent
meeting shall be held more than 60 days following the preceding
meeting.
Section 6. Uniform Rate of Assessment. Both annual and
special assessments must be fixed at a uniform rate for all lots
and may be collected on a monthly basis.
-5-
�. ,e
I hi..�s,Y Y�
------------
-� Section 7. Date of COI'MencCMcIt of Annual Assessments:
Due Dates. The annual assessments provided for herein shall commence
as to all lots on the first day of the month following the conveyance
of the Common Property. The first annual assessment shall be
adjusted according to the number of months remaining in the calendar
year. The Board of Directors shall fix the amount of the annual
assessment against each lot at least thirty (30) days in advance of
each annual assessment period. Written notice of the annual assess-
ment shall be sent to every OWNER subject thereto. The due dates
shall be established by the Board of Directors. The Association
shall, upon demand, and for a reasonable charge, furnish a certificate --
signed by an officer of the Association setting forth whether the
assessments on a specified lot have been paid. A properly executed
certificate of the Association as to the status of assessments on a
lot is binding upon the Association as of the date of its issuance.
Section 8. Effect of Monpayment of Assessments: Remedies
of the Association. Any assessment not paid within thirty (30) days _
after the due date shall bear interest from the due date at the rate -
of 6 per cent per annum. The Association may bring an action at
law against the OWNER personally obligated to pay the same, or
foreclose the lien against the property. No OWNER may waive or
otherwise escape liability for the assessments provided for herein by
non-use of the Common Property or abandonment of his lot.
Section 9. Subordination of the Lien to Mortgages. The
lien of the assessments provided for herein shall be subordinate to
the lien of any first mortgage. Sale or transfer of any lot shall
not affect the assessment lien. However, the sale or transfer of
any lot pursuant to mortgage foreclosure or any proceeding in lieu
thereof, shall extinguish the line of such assessments as to payments
which bec..me due prior to such sale or transfer. No sale or transfer
shall relieve such lot from liability for any assessments thereafter
becoming due or from the lien thereof.
ARTICLE V -- -
GENERAL PROVISIONS
Section 1. Enforcement. The Association, or any OWNER,
shall have the right to enforce, by any proceeding at law or in
equity, all restrictions, conditions, covenants, reservations, liens
-6-
and charges now or hereafter imposed by the provisions of this
Declaration. Failure by the Association or of any OWNER to enforce
any covenant or restriction herein contained shall in no event be
deemed a waiver of the right to do so thereafter.
Section 2. Severability. Invalidation of any one of these
covenants or restrictions by judgment or court order shall in no wise
affect any other provisions which shall remain in full force and
effect.
Section 3. Amendment. The covenants and restrictions of
this Declaration shall run with and bind the land, for a term of twenty
(20) years from the date this Declaration is recorded, after which
time they shall be automatically extended for successive periods of
ten (10) years. This Declaration may be amended during the first
twenty (20) year period by an instrument signed by not less than
ninety percent (90%) of the lot owners, and thereafter by an
instrument signed by not less than seventy-five percent (75%) of the
lot owners. Any amendment must be recorded.
Section 4. Annexation. It is contemplated by the parties
hereto that additional lots to be platted from Outlot C, Lotus Lake
Estates, will be subject to this Declaration of Covenants, Conditions
and Restrictions. These additional residential properties and other
Common Property may be annexed to the properties with the consent
of two-thirds (2/3) of each class of members.
Section 5. Miscellaneous. Outlot B, Lotus Lake Estates,
when conveyed to t, he Home Owners' Association shall 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 obtaining a permit therefor from the City of
Chanhassen.
—/
-7-
••
t
IN WITNESS WHEREOF# B-T Land Company, a Minnesota cor-
poration, has caused these presents to be signed by its Vice
President this 7th day of February, 1979.
B-T LAND COMPANY
By:
Rick. D. Murray
Vice President
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this 7th
day of February, 1979, by Rick. D. Murray, Vice President of B-T
Land Company, a Minnesota corporation, on behalf of the corporation.
Notary Public
We, the undersigned, Ecklund & Swedlund Construction
Corporation, do hereby consent to the foregoing Declaration of
Covenants, Conditions and Restrictions this 7th day of February,
1979.
ECKLUND S SWEDLUND CONSTRUCTION
CORPORATION
By:
Jack L. Swedlund, President
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me
this 7th day of February, 1979, by Jack L: Swedlund, President of
Ecklund 6 Swedlund Construction Corporation, a Minnesota corpora-
tion on behalf of the corporation.
is, l.,wm W. NefW k
4. H. MICHALS
A!tarmy at Law
A+`) V..ItX nE AV[
.b,W;tAPLq,S. N1ON6OEA 551M
354dnD
0
-8-
Notary Public
CITY OF CHANHASSEN
CONDITIONAL USE PERMIT
BEACH LOT -LOTUS LAKE ESTATES
This permit and agreement, made and entered into
this .'.; day of {'.• , 1981, by and between
B-T Lam 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 Plattin Tina
Lake 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 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
Associat n for the e purposof 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., DeveIO ment 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 a— ncc-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 fromom i_igations 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 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 Al
mean and refer to any natural person who is either shall I
owner of fee simple interest, or (b) the record ownerofaecord 1-/!
contract for deed vendee's interest, or (c) the holder of any r possessory leasehold interest, in the whole of any lot ca}et:
in Lotus Lake Estates, including authorized guests and family
members of any such persons.1.
2.04. Description of Property Subject to This Permit The prem ses 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.
M
2.05. Certain Site Alterations Authorized. BT and the
Association are hereby authoried zto 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 anchored ''swim 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 Asso is ation and BT each agree to use every effort to keep
tree loss as an absolute minimum. 1.
2.07. Schedule of Work. BT and the Association agree that
it shams have all work done and the improvemens described in §2.05
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.
2.09. 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 Suuject 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 Fe son shall camp overnight on the
Subject Property.
2.11. Motor Vehicle Parking 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_;clnimc rs.
3,01. No Liability to Suppliers of Labor or Material. It
is understood and agreed that the City, the City Council and
the agents and employees of the City shall not be ersnall
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. I3T and the Association shall
do no work nor furnish materials, 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. Severa_bi��li�t��•. In the event any provisions of
this permit shall be heldinvalid, 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 furnish the City with evidence satisfactory tothe City that
they have acquired fee title to the Subject Property fr,o. +� ,� rr�itv�i b�
PIT' p: , s , F.,.,, , pi- 2 L <,....: y
4.05. Notices. All notices, certificates and other communications hereunder shall be sufficiently given and shall be
deemed given when mailed by certified mail, return receipt Lr
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
-4-
• ' C
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 a ine in 52.03 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 §2.03 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 2�, 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-
939, in which case 13T and the Association agree to pay
the entire amount of the assessmentroll 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 abato 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 rrrt day of 61,;, (-A ,
1981.
B-T LAND COMPANY
By I
And
LOTUS LAKE ESTATES HOMEOWNERS
ASSOCIATION
By
its z 1
And
9--
CITY OF CHANHASSEN
By
its Mayor
Attest
City Clerk. Manager
QS
TATE OF MINNESOTA)
ss.
COUNTY OF
On this e,'-` day of /0— , /_ 1 19 „(
before me, a notary public within and for said county, personally
appeared il"Ma..I e, � i and .-',. A i11•
to me personally known,who, being each by me dulyy�swo n did say
that they are respectively the 1�, ; and the �� LrT si�(:,��
of B-T Land Company, and that said1instrument was signedin beha
of said corporation by authority of its Board of Directors,
and said 6t;I1,�.1 (_,. "A 'Ve" and ',ce b fi/cr✓..
acknowledged said instrument to be tilt, free act an ee f
said cor oration.
M. LEE GLOVER 2 1
NOTARY 1'I.q IC-MINNESOTA , 1
WRIGHT COUNTY I 11
-- C----- -- E•pu,n Auq 6, 19E6 Notary 11 LL
STATE OF MINNESOTA) \
[�
l
) ss.
COUNTYOF(Wv 'c. )
On this /.- day of ,I'' 19�/ ,
before me, a notary public within and for said county, personally
appeared KAJ( r, a and
to me personally known, who, being each by me duly sworn, did say
that they are respectively the �]�, �'„ ,! Ec + 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 l�,,,�,, Yx.b�ocK_ arrd-
acknowledged said instrument to be
the free act and deed of said corporation.
RICK D. 7�MUNNESOTA
1�► -Ul� NOTARY PUgUCARVER My Commgalon Ea/rI.
STATE OF MINNESOTA)
) ss.
COUNTY OF )
Notary Public
On this day of , 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
12-1-78 Draft
CITY OF CHANHASSEN
PLAT OF LOTUS LAKE ESTATES
B-T LAND COMPANY
DEVELOPMENT CONTRACT
WHEREAS, application has been made by Ecklund & Swedlund
Development Corporation, as contract purchaser, to subdivide and
develop for residential purposes that certain tract of land which is
more particularly described on Exhibit A attached hereto and made a
part hereof, which tract of land is referred to hereinafter as "the
subject property;" and
WHEREAS, Ecklund & Swedlund Development Corporation has
terminated its status as contract purchaser and has assigned its
interest in said application to B-T Land Company, a Minnesota
Corporation, which corporation now holds a contract vendee's interest
in the subject property; and
WHEREAS, said B-T Land Company has advised the City of
Chanhassen that it wishes to be substituted for Ecklund & Swedlund
Development Corporation and proceed with the subdivision of the subject
property in its own behalf (B-T Land Company is hereinafter referred
to as "the applicants"); and
WHEREAS, the subject property is presently zoned R-lA,
Agricultural Residence District, and lies wholly within the City of
Chanhassen; and
WHEREAS, the applicants have made application under the
Chanhassen Zoning Ordinance for City Council approval of a Planned
Residential Development District encompassing all of the subject
property; said district and plat to contain approximately 77 acres,
including 44 residential building sites and 3 outlots; and
WHEREAS, a public hearing was held by the Chanhassen Planning
Commission on July 14, 1976, and again on June 14, 1978 to consider
public comment on said development plans, plat and rezoning; and
WHEREAS, the Chanhassen City Council, by its resolutions dated
July 10, 1978, July 17, 1978, and August 7, 1978, has approved the
development plan and preliminary plat of the applicants, subject to and
on condition that the applicants enter into this agreement; and
WHEREAS, the City has established a policy requiring land
developers to furnish surfaced streets, curbs, gutters, boulevard
sodding, driveways, storm and surface water drainage facilities, street
signs and lighting, municipal water and sanitary sewer facilities and
underground electric and underground telephone service lines to all
lots in plats approved by the City; and
WHEREAS, the applicants have made application to the City to
be allowed at applicants' expense to construct, install and perform all
work and furnish all materials in connection with the installation of
-'-
the following improvements:
a. street signs;
b. boulevard sodding on residential building sites which are
not naturally wooded;
C. driveway surfacing within public street rights of way;
d. underground utility lines; and
e. street lighting; and
WHEREAS, the applicants have petitioned the City to con-
struct and install the following public improvements within the plat
and to have the cost thereof assessed against all benefitted properties
therein under the provisions of Chapter 429 of Minnesota Statutes:
a. street grading, stabilizing and bituminous surfacing;
b. surmountable concrete curbs and gutters;
C. sanitary sewer mains; -
d. water mains;
e. storm and surface water drainage; and
WHEREAS, the Chanhassen City Council has authorized the
construction of said public improvements as Project 78-6;
NOW, THEREFORE, in consideration of the foregoing premises
and acceptance by the City of the development plan and the plat of
Lotus Lake Estates, the City and the applicants agree as follows:
1. Improvements by Applicants Applicants agree at their
expense to construct, installand perform all work and furnish all
materials and equipment in connection with the installation of the
following improvements:
a. street signs;
b. boulevard sodding on all residential building sites which
are not naturally wooded;
C. driveway surfacing within public street rights of way;
d. underground utility lines; and
e. street lighting.
.Z. Standards of Construction. Applicants agree that all of the
improvements described in Ill above shall equal or exceed City standards,
shall be constructed and installed in accordance with engineering plans
and specifications approved by the City engineers and the requirements
of applicable City ordinances and standards, and that all of said work
shall be subject to the supervision of the City engineers.
-2-
1-2-79 Draft
3. Materials and Labor. All of the materials to be employed
in the making o the improvements described in ul and all of the work
performed in connection therewith shall be of uniformly good and work-
manlike quality, shall equal or excoed City standards and specifica-
tions, and shall be subject to the inspection and approval of the
City. In case any material or labor supplied shall be rejected by the
City as defective or unsuitable, then such rejected material shall be
removed and replaced with approved material, and rejected labor shall
be done anew to the satisfaction and approval of the City at the cost
and expense of the applicants.
4. Schedule of Work. The applicants shall submit a written
schedule indicating the proposed progress schedule and order of com-
pletion of work covered by this contract, which schedule shall be a
part of this contract. Upon receipt of written notice from the appli-
cants of the existence of causes over which the applicants have no
control which will delay the completion of the workthe City, in its
discretion, may extend the dates hereinafter specified for completion.
5. Payment of Special Assessments.
a• Allocation of Project 75-10 Special Benefit.
The applicants acknowledge receipt —the City Engineer's
report dated June, 1978, entitled "Feasibility Study for
Lotus Lake Estates, Phase I Sanitary Sewer, Watermain, Storm
Sewer, Streets & Concrete Curb & Gutter," a copy of which $ is on file in the office of the Chanhassen City Manager,
which report is referred to hereinafter as the Phase I
Feasibility Study.
The parties hereto further acknowledge that the subject
property is specially benefitted by the East Lotus Lake
Sewer Project 75-10 and that the amount of said special
benefit is Two Hundred Two Thousand and Thirty -Eight
Dollars ($202,038.00) and no more than Two Hundred Two
Thousand and Thirty -Eight Dollars($202,038.00). The parties
hereto acknowledge that said special benefit is allocable
to the subject property as follows:
To the 44 residential building sites
comprising Phase I as described in the
Phase I Feasibility Study: $67,473.00
To Outlots A and B, Lotus Lake Estates
none
To Outlot C, Lotus Lake Estates 134,565.00
202,0 8.00
b. Terms of Pa ment of Project 78-6 S ecial Assessments.
The applicants agree that the entire cost o the installation of Project 78-6 improvements shall be paid by the applicants
to the City as special assessments levied against the properties
in the proposed plat benefitted by said public improvements in
five (5) equal annual installments with interest on unpaid in-
stallments at the rate of seven percent (7%) per annum. In the
-3-
event that an
tial structure
the payment of
accelerated as
1/2/79 Draft
occupancy permit is applied for for any y residen-
constructed upon any lot in the proposed plat,
the Project 78-6 special assessments shall be
provided in !i5(c) below.
c. Occupancy Permit A
No residential stru
occupied until the
special assessments
structure has been
assessments" shall
i.
ii.
iii
pplication Accelerates P
cture within the propos
applicants have paid in
levied against the lot
erected. The term "all
be deemed to include:
••� �� assess
d plat shall be
full all unpaid
on which said
unpaid special
Any outstanding and then prevailing City sewer and water
hook-up charges for the subject lot.
The unpaid balance, including interest accrued as provided
by Chapter 429 of Minnesota Statutes, of the Project 78-6
special assessments levied against the subject lot pursuant
to said Chapter 429.
The unpaid balance, including interest accrued, as provided
by Chapter 429 of Minnesota Statutes, of the Project 75-10
special assessments levied against the subject lot pur-
suant to said Chapter 429.
d. Commencement Date for Non -Accelerated Installment Payment of Project 7A-� c o ;�i T _______.
If the special assessments levied by resolution for the con-
struction of the Project 78-6 improvements pursuant to this
agreement are adopted by the Chanhassen City Council between
October loth of any year and April loth of the following year,
the applicants agree that they will pay the City one-half
(1/2) of the first annual installment with interest on or
before May 31st next following the date of adoption of the '
Project 7806 assessment roll, and will pay the remaining one-
half (1/2) of such first installment with interest to the City
on or before the following September 30th. All remaining in-
stallments shall be paid as assessments to the Treasurer of
Carver County as and when the general property taxes become
due upon said property. If the special assessments levied
for Project 78-6 are adopted between April llth and October 9th
of any year, then all assessments due for Project 7806 shall be
paid as assessments to the Treasurer of Carver County as and
when the general property taxes become due on the subject
property.
6. Final Grading Plan and Easements
a. Final Grading Plan The applicants agree to cause their
engineers to prepare a final grading plan in substantial
accord with the proposed plans thereof prepared by McCombs -
Knutson Associates, Inc., and dated May 18, 1978, with the
following modifications:
-4-
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7. Reimbursement of Costs. The applicants shall reimburse the
City for all costs, including reasonable engineering, legal, planning
and administrative expenses incurred bythe City in connection with all
matters relating to the administration and enforcement of the within
agreement and the performance thereby by the applicants.
6. Disclaimer by City. It is understood and agreed that the
City, the City Council, and the agents and employees of the City shall
not be personally liable or responsible in any manner to the applicants,
the applicants' contractors or sub -contractors, materialmen, laborers,
nor 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 agree-
ment or the performance and completion of the work and improvements
hereunder; and that the applicants 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.
9. Written Work Orders. The applicants shall do no work nor
furnish materials not covered by the plans and specifications for which
reimbursement is expected from the City unless a written order for such
work or materials is received from the City. Any such work or materials
which may be done or furnished by the Applicants without such written
order first being given shall be at their own risk, cost and expense,
and applicants hereby agree that without such written order, applicants
will make no claim for compensation for work or materials so done or
furnished.
10. Performance Bond. For the purpose of assuring and guaranteeing
to the City that the improvements to be by the applicants constructed,
installed and furnished as set forth in 111 hereof shall be constructed,
installed and furnished according to the terms of this agreement, and
that the applicants shall pay all claims for work done and materials
and supplies_ furnished for the performance of this agreement and that
the applicants shall pay all special assessments when due as provided
in 15 hereof, and that applicants shall fully comply with all of the
other terms and provisions of the development contract, the applicants
agree to furnish to the City a cash deposit, a corporate surety bond
approved by the City as obligee thereunder, or an irrevocable letter of
credit approved by the City in the amount of Thirty Thousand Dollars
($30,000.00).
11. Boulevards and Driveways. The applicants agree to furnish,
construct and install, at applicants' sole expense, the following
improvements for the benefit of each lot within the plat:
a. Boulevard sod, which shall be of uniformly good quality, on
all residential building sites which are not naturally
wooded; r
b. Driveway surfacing within the public street righty-of-way,
the materials and installation of which shall be approved
by the City engineers.
-5-
The improvements described in this 1111 shall be installed, weather
permitting, on each residential building site no later than the date
of occupancy of the principal residence constructed thereon. In
the event the applicants or their assigns shall default in their
obligations under this section, the City of Chanhassen may, at its
option, install said improvements and charge the cost thereof against
the security furnished by the applicants pursuant to 1110 of this
contract.
12. Erosion Control. Applicants, 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 plat during all phases
of construction, including construction on individual lots. Applicants
shall keep all streets free of all dirt and debris resulting from con-
struction by the applicants, their agents or assignees upon the lands
described in Exhibit A hereto.
13. Access. Reasonable access, including temporary grading and
graveling, shall be provided to all occupied residences in the plat
until the streets are accepted by the City. !
14. 3treet Lighting. The expense of furnishing electrical energy
for street lighting purposes shall be assumed by the City 24 months
after the completion of installation of the street lighting system,
or after 50% of the building lots have been improved by the construction
of residences thereon, whichever is first to occur.
15. Replacement of Defective Work All work and materials performed
and furnished hereunder by the applicants, their agents and subcontractors,
found by the City to be defective within one year after acceptance by the
City, shall be replaced by applicants at applicants' sole expense.
16. Liability Insurance. The applicants shall take out and main-
tain, so long as the applicants' obligations under Paragraph 15 above
continue, public liability and property damage insurance covering
personal injury, including death, and claims for property damage which
may arise out of the applicants' work or the work of its subcontractors,
or by one directly or indirectly employed by any of them. Limits for
bodily injury or death shall be not less than $100,00o for one person
and $300,000 for each accident; limits for property damage shall be not
less than $100,000 for each accident. The City shall be named as co-
insured on said policy and the applicants shall file a copy of the
insurance coverage with the City.
17. water and Sewer Revenues. All water and sanitary sewer
service charges shall at all times be billed by the City and all reve-
nues derived therefrom shall be the sole property of the City.
k.
18. Conveyance of Improvements Upon completion of the installa-
tion by applicants of the improvements set forth in ill hereof in
accordance with the plans and specifications hereunder and the written
approval by the City, the applicants shall convey said improvements to
the City free of all liens and encumbrances and with warranty of title.
-6-
Should the applicants fail to so convey said improvements, the same
shall become the property of the City without further notice or action on
the part of either party hereto, other than acceptance by the City.
19. Building Permits. Upon completion of the grading and place-
ment of rock stabilizing materials for road construction within said
plats, the City BuildingInspector, upon the approval of the City
Manager, shall be authorized to issue building permits for residential
construction within said plats upon payment of all fees, assessments
and charges applicable to the issuance of permits, including any
charges payable to the Metropolitan Waste Control Commission.
20. Occupancy of Dwellin s The occupancy of any structure within
said plat for residential purposes shall be prohibited by the City until
grading and installation of road construction rock stabilizing materials
shall have been completed and municipal sanitary sewer and water lines
shall have been installed and are available to serve the lot for which
a building permit shall have been issued.
21. Remedies Upon Default.
a. Assessments. In the event the applicants shall default in
the po rformance of any of the covenants and agreements herein
contained, and such default shall not have been cured within
ten (10) days after receipt by the applicants of written
notice thereof, the City, if it so elects, may cause any of
the required improvements to be constructed and installed, or
may take action to cure said 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. Chap. 429, in which case the
applicants agree to pay the entire amount of the assessment
roll pertaining to any such improvement within thirty (30)
days after its adoption. Applicants further agree that in the
event of their failure to pay in full any such special
assessment within the time prescribed herein, the City shall
have a specific lien on all of applicants' real property
within said plat for any amount so unpaid, and the City shall
have the right to foreclose said lien in themanner 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
the applicants shall be and hereby are waived in their entirety,
and the applicants shall reimburse the City for any expense
incurred by the City in remedying the conditions creating
the emergency.
b. Performance Bond. In addition to the foregoing, the City may
also institute legal action against the applicants and the
corporate surety on their performance bond, or utilize any'
cash deposit or letter of credit furnished pursuant to 1110
above, to reimburse the City for the cost of making any of said
improvements or for the cost of curing any default by the
applicants in their performance of any of the covenants and
agreements contained herein.
-7-
c• 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 development con-
tract, to restrain or abate violations of the within develop-
ment contract, or to prevent use or occupancy of the proposed
dwellings.
22• Snecia1 Landscapin Conditions. At the time of sale by the
applicants of each of the subject 44 residential building sites, the
applicants shall advise their purchasers in writing that landscaping
and location of structures on individual lots shall be determined
through discussions between City staff and the building Kermit applicant
prior to issuance of building permits, subject to the
and conditions: following standards
a. Landscaping and location of structures shall take into con-
sideration the preservation of trees, slope protection, sub-
surface drainage, prevention of siltation and similar
Potential problems.
b. In the event agreement cannot be reached between the City
Staff and building permit applicant, the City shall have
the right, at the expense of the buildingpermit applicant,
to engage the services of the City engineer, planner, a
landscape architect, a soil conservation consultant and
others, to advise as to specific problems.
C. The certificate of occupancy for each homesite, or covenants
and restrictions, may contain conditions for tree mai4tenance,
and restrictions on tree removal, after consultations with
the City Forester.
d. Individual site drainage, basement waterproofing and footing
drains for each residential structure to be constructed
within the subject property shall be installed when necessary
and appropriate.
23. Redistribution of Existinq Assessments Applicants agree
to be bound by the determination of the City regarding any redistribu-
tion of existing assessments &the imposition of Project 78-6 assess-
ments for proposed lots for sanitary sewer, watermains, public street
construction, concrete curbs and gutters, and storm water drainage.
24. Tree to be Provided. The applicants shall provide Lots 1 and
2 of Block 2, as described on the preliminary plat dated May 18, 1978,
with one boulevard tree per lot, said trees to be a specie acceptable
to the City Forester and of a diameter of not less than 1-1/2"
25. Homeowners' Association. Outlot B of the plat of Lotus Lake
Estates shall be reserved for the sole use of property owners within"
the plat of Lotus Lake Estates in gaining pedestrian access to Lotus Lake.
Applicants shall organize a homeowners' association in the form of a
non-profit corporation, and said Outlot B shall be conveyed to and
managed by said association. The Articles of Incorporation and By -Laws
Wm
of the association shall be approved by the City Attorney. For purposes
of this agreement, said Outlot B shall be classed as nondedicated open
space under the Chanhassen Zoning Ordinance, to which the provisions
of Chap. 21.03 thereof shall apply. Said Outlot B shall be encumbered
with restrictive covenants which shall regulate parking of motor
vehicles, docking of water craft, erection of structures, and which
shall prohibit overnight camping. Said restrictive covenants shall
be recorded in the office of the Carver County Recorder after said
covenants have been approved bythe City Attorney.
26. Address of Applicants. The address of the applicants for
purposes of this development contract is:
B-T Land Company
1055 E. Wayzata Blvd.
Wayzata, MN 55391
27. No BuildingPermit. No portion of any of the 44 platted
residential building site lots in the plat of Lotus Lake Estates lying
beneath public waters shall be developed or altered without first
having obtained the written consent of the Board of Managers of the
Riley -Purgatory Creek Watershed District.
28. Limitation on Alteration of Outlot B. No portion of outlot
B shall be developed, altered or disturbed in any way except after
first having obtained a permit from the Chanhassen City Council for any
such development, alteration or disturbance. For purposes of this
development contract, said permit shall be deemed to be a conditional
use permit and the permit application process andprocedure shall be as
set forth in §23 of the Chanhassen Zoning Ordinance. Any application
for any such permit,.together with appropriate supporting plans and
data, shall be submitted by the applicants to the Board of Managers
of the Riley -Purgatory Creek Watershed District for its comment, which
shall be advisory to the Chanhassen City Council. If no comment is
transmitted by the Board of Managers within sixty (60) days after
referral of the application to said Board, the City Council may take
action without further awaiting such comment.
29. Limitation on Alteration of Outlot C .No portion of Outlot
C shall be developed, altered or disturbed in any way except as part
of a new and separate development plan which shall be submitted to the
City and reviewed as provided in §14 of the Chanhassen Zoning Ordinance.
Any such development plan shall be submitted by the applicants to the
Board of Managers of the Riley -Purgatory Creek Watershed District for
its comment and review.
30. Park Charge Ordinance The applicants further acknowledge that
no residential building permit will be issued for any lot -in the subject
property except upon payment in full of the Neighborhood Park Charge'
established by Chanhassen Ordinance 14A.
-9-
31. Final Plat. The applicants agree to proceed immediately
with thepreparation of their final plan which shall conform to their
approved preliminary plat as prepared by McCombs -Knutson Associates
Inc. and dated .May 18, 1978, with the following modifications:
a. All of the subject property other than that portion of
the subject property which is encompassed in Outlot A
or in Outlot B or in Phase I as described in the Phase
I Feasibility Study, shall be platted as Outlot C.
b. The lagoon depicted on the preliminary plat shall be
deleted.
C. Side and rear lot utility easements on all lots shall be
shown on the final plat.
d. The exterior boundaries of Outlot B shall be as depicted
on the preliminary plat dated May 18, 1978. Any references
to Outlot B or Outlot C in this contract shall be deemed
to mean Outlot B and Outlot C as described in this 431.
32. Proof of Title. Upon request, the applicants shall furnish
the City with evidence satisfactory to the City that they are fee
owners of the subject property.
33. Successors and Assigns. It is agreed by and between the
parties hereto that the agreement herein contained shall be binding
upon and inure to the benefit of their respective legal representa-
tives, successors and assigns.
34. Duration of this Contract. This contract shall remain in
force until such time as the applicants shall have fully performed all
of their duties and obligations under this contract, including but
not limited to:
a. Payment in full of the assessments described in 95(b)
of this contract together with accrued interest and and
penalty thereon; and
b• Completion of the improvements described in §1 of this
contract in accordance with 9§2,3,4, and 15 of this contract.
Upon the written request of the applicants and upon the adoption of a
resolution by the Chanhassen City Council finding that the applicants
have fully complied with all of the terms of this contract and finding
that the applicants have completed performance of all of applicants'
duties mandated by this contract, the Chanhassen City Manager shall
issue to the applicants on behalf of the Cityan appropriate certificate
of compliance.
K
-10-
t
12-1-78 Draft
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed on the day and year first above written.
B-T LAND COMPANY CITY OF CHANHASSEN
By By
Its / J Mayor
And ATTEST:
Its
City Manager
STATE OF MINNESOTA )
) SS.
COUNTY OF CARVER )
On this day of - , 1978, before me, a notary. public within and for n
said couty, personally appeared Walter Hobbs
and Donald W. Ashworth, to me personally known, who, being by me duly
sworn, did say that they are respectively the Mayor and City Manager
ofthe City of Chanhassen named in the foregoing instrument, and that
said instrument was signed and sealed in behalf of said corporation by
authority of its City Council, and said Walter Hobbs and Donald W.
Ashworth acknowledged said instrument to be the free act and deed of
said corporation.
Notary public
STATE OF MINNESOTA
J ss.
COUNTY OF �-� e, 1
On this S day of 1978, before me, a notary
public within and for said county, personally appeared :(a,.:
r:yo- f)(-- and — to me personally known, who,
being each by. -me sworn, did say that they are respectively the
th and e
�._. of B-T Land Company
named in the foregoing instrument, and that the seal affixed to said
instrument is the corporate seal of said corporation, and that said
instrument was signed and sealed in behalf of said corporation by
authority of its Board of Directors, and said 11)
and -- acknowledged said instrument to be the
free act and deed of said corporation.
Notary Public'
-11-
- � �� - - c. it i,9sA aycy-•G� _
• PERPETUAL CONSERVATION EASEMENT
THIS INSTRUMENT, made this _ day of
1979, by and between LAWRENCE N. ZAMOR and PHYLLIS D. ZAMOR, 1s
wife, of the County of ,State of Minnesota, parties
of the first part, and the City o Chanhassen, a Minnesota municipal
corporation and a statutory city under the Laws of the State of
Minnesota, party of the second part; - -
WITNESSETH, the parties of the first part, in consideration of One
Dollar and other good and valuable consideration to them in hand paid
by the said party of the second part, the receipt whereof is hereby
acknowledged, do hereby Grant, Bargain, Sell, Convey and Warrant to said -
party of the second part, its successors and assigns, a Perpetual Con-
servation Easement as that term is hereinafter defined over, under and
across the premises described in Exhibit A (hereinafter the Subject Pre-
mises) attached hereto and made a part hereof.
By the grant of the aforementioned Conservation Easement, the parties
of the first part, for themselves and for their heirs, successors and ---
assigns, subject the Subject Premises to the following restrictions for - the benefit of the party of the second part in perpetuity:
1. No buildings, roads, driveways, signs, billboards, or
structures of any kind, whether on, in, or above the ground,
shall be placed or constructed or be allowed to remain
upon the Subject Premises. The previous sentences notwith-
standing, nothing herein shall be deemed to prohibit pr bar
the parties of the first part, their heirs, successors and
assigns from constructing and maintaining underground public
utility service structures upon the Subject Premises.
2. No trash, waste, or unsightly or offensive materials shall
be placed on the Subject Premises.
3. No living trees or living shrubs shall be destroyed upon or
removed from the Subject Premises.
9. No loam, peat, gravel, soil, sand, rock, or other material
substances shall be excavated or removed from the Subject
Premises except to the extent reasonably necessary to the
construction of underground public utility service structures.
5. No activities detrimental to the preservation of the scenic
beauty and the open condition of the Subject Premises shall
be permitted upon the Subject Premises.
The restrictions incorporated in the within Conservation Easement may
be enforceable by the party of the second part, its successors and '
assigns, by injunction or by any other legal means, and shall entitle
the holder of the within Conservation Easement to enter upon the Subject
Premises in a reasonable manner and at reasonable times to assure
compliance with the intent of tilewithinConservation Easement.
The within Conservation easement shall not be unenforceable against the
parties of the first part, their heirs, successors and assigns, on
account of any lack of privity of estate or contract or lack of benefit
to particular land. -
Nothing herein shall be construed to limit the rights of the party of
the second part to utilize that portion of the Subject Premises,
which is more particularly de:;c ri bed in that certain easement deed
dated October 17, 1977 and filed October 21, 1977 in the Office of
the Carver County, Minnesota Recorder as document number 35184 at pages
475 and 476 of Book 136 of Deeds, for sign purposes.
Lawrence N. Zamor
Piy 1s D. Zamor
STATE OF MINNESOTA
COUNTY OF I ss.
The foregoing instrument was acknowledged before me
this day of 1979 by Lawrence N. Zamor and
Phyllis D. Zamor, hus an an wife.
THIS INSTRUMENT DRAFTED BY
LARSON 6 MERTZ '
Attorneys at Law
1900 First National Bank Building
Minneapolis, MN 55402
335-9565
Notary Pu tc
EXEMPT FROM STATE DEED TAX
A
AL
HOMEOWNERS APPLICATION
mS 7
BEACHLOT AMENDMENT - 1981
LOTUS LAKE ESTATES HOMEOWNERS ASSOC.
AMENDMENT TO CONDITIONAL USE PERMIT 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 )0' 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-docktype 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.)
a
- 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, 1991) 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.
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33NRGNOdsauu03
June 12, 1981
The Honorable Tom Hamilton
Councilwoman Pat Swenson
Councilman John Neveaux
Councilman Dale Geving
Councilman Clark Horn
City of Chanhassen
609 Coulter Drive
Chanhassen, MN 55317
Dear Council Members:
e,-,
x°"7i
/ f,/�
I am writing to you on behalf of the Lotus Lake HowPnwnerls
g h}tA
Assnciat;nn. At an Association meetineld 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.
spec i ully,
�J 'hn Nicolay, resident,
otus Lake Homeowners Association
ENCL.
cc: Don Ashworth
Craig Mertz
CITY OF
I' r
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
May 22, 1981
v
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. M iscel'laneous.0utlot B, Lotus Lake Estates, when conveyed
to the Homeowners Association khail 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' Asso tion shall, in its sole discretion,fdetermine )nur
re�u ate parking of motor vehicles, ML_Qjjof wat �an 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 d1ati�rhPcl 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 evelopment Contract and Covenants and Restrictions of Lotus
Lake Estates. If the boats and docks are not rem used within Ten (10)
ays of this Notice, this will be turned over to the•City Attornev s
Office and the -Lotus Lake s� Homeowners Associate or 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.
Si erel
" , �.
rry hlen
Xr
ssi ant Public Works Director
cc Russ Larson Q,-L,
�C Don Ashworth C.
CITY OF
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
,fay 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 shall 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 P 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.
r
Si erely, ,
rry�hl"en
ssis�ant Public Works Director
cc Russ Larson
Don Ashworth
CITY OF
CHANHASSEN
..
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
RUSSELL H. LARSON
CRAIG M. MERTS
Or COUNSEL
NARVEY E.SKAAR
MARK C. MCCULLOUGH
Jerry Schlenk
Public Works
Box 147
Chanhassen MN
55317
Dear Mr. Schlenk:
LARSON & TIERTZ
ATTORNEYS AT LAW
1900 FIRST BANµ PLACE NEST
MINNEAPOLIS, MINNESOTA 55402
June 4, 1981
Re: Lotus Lake Estates
TELEPHONE
(613) 335-9565
I have received your letter of June 3, 1981, reporting the continuing
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,
CRAIG M. MERTZ
Assistant Chanhassen City Attorney
CMM:ner
cc: Don Ashworth
Aaron Babcock
Scott Martin
Bob Waibel
REGFI /Grp
JUN 5 1981
CITY Of CHANHASSEN
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CITY OF CHANHASSEN
APR
CHANHASSEN PLANNING DEPT.
• 0
The contents of this file
have been scanned.
Do not add anything to
it unless it has been
scanned.
•
Meuwissen, Kim
From:
Meuwissen, Kim
Sent:
Tuesday, November 17, 2009 11:29 AM
To:
'Sue Nelson'
Cc:
Kairies, Angie
Subject:
RE: Amended and Restated CUP 79-06 (Lotus Lake Estates Beachlot - Outlet B)
Attachments:
Conditional Use Permit.doc
Sue,
Attached is the amended CUP with the change on the first page, section 2, stating the legal
description is shown on the attached "Exhibit A", as opposed to being "Outlot B". Please add
the Exhibit A showing the correct legal description. Thanks for catching this!
Kim MEUWISSEN
*CITY OF CHANHASSEN
PLANNING SECRETARY
952-227-1 107
MAI LTO: KMEUWISSENPCI.CHANHASSEN. MN. US
11 Find us on
Facebook
From: Sue Nelson [maiIto: SNelson@ck-law.com]
Sent: Tuesday, November 17, 2009 10:41 AM
To: Meuwissen, Kim
Subject: Amended and Restated CUP 79-06 (Lotus Lake Estates Beachlot - Outlot B)
Kim,
Per our telephone conversation this morning, attached please find portions of the encroachment agreements were filed of
record showing that a portion of Outlet B, Lotus Lake Estates is owned by the HOW and a portion of Outlot B, Lotus Lake
Estates is owned by Kenton & Julia Kelly. The FICA encroachment agreement includes maps of Outlot B which should
help in your review.
Susan R Nefsan, Legal Assistant
CAMPBELL KNUTSON, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
(651) 234-6222
snelsongck-law.com
SCANNED
0
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
AMENDED AND RESTATED
CONDITIONAL USE PERMIT #79-6
PLANNING CASE #09-16
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby grants an amended and restated conditional use permit for the following use which replaces
Conditional Use Permit 79-6:
A Conditional Use Permit for a Recreational Beachlot
2. Property. The permit is for property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described on the attached Exhibit A.
3. Conditions. The permit is issued to the Lotus Lake Homeowners Association with the
following conditions:
A. Rights Under This Permit Not Expandable to Other Owners. This permit is issued for the
benefit of the owners of the 44 lots in Lotus Lake Estates. The 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 agreement shall mean and refer to any natural person who is
either (a) the record owner of fee simple interest, or (b) the recorder owner of a contract for
deed vendee's interest, or (c) the holder of any possessory leasehold interest, in the whole of
any lot in Lotus Lake Estates, including authorized guests and family members of any such
persons.
B. Certain Site Alterations Authorized. The following improvements may be installed on the
Subject Property:
1. One sand blanket swim area, as shown on the revised plan, Exhibit A, dated June 25,
1986, said swim area to be marked with a minimum of three anchored "swim area" buoys
that are in accordance with the Uniform Waterway Marking System; said buoys to be
anchored a reasonable distance from shore; and
2. 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
3. Four boat racks to be located on land with a storage capacity of either six canoes or six
small sailboats per rack; and
4. Three docks, not to exceed the greater of fifty (50) feet in length or that number of lineal
feet necessary to reach a water depth of four (4) feet; at the option of the Association, the
final ten (10) feet of any dock may consist of a ten foot by ten foot (10' x 10') square
platform; and
5. One ten foot by ten foot (10' x 10') 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 shore line; said raft shall project a minimum of (1) foot but not more than five (5)
feet above the lake surface, and the corner of said raft shall be reflectorized; and
6. One conversation fire -pit hole, four feet by four feet (4' x 4') constructed of brick or
masonry material, to be located on the northern edge of the sand blanket and no further
north than the northerly line of Lot 32, Block 1, Lotus Lake Estates, extended
northwesterly; and
7. Four sailboat moorings, to be located in the manner depicted on the site plan stamped
"Received June 25, 1986".
C. Trees. Except as provided in the permit, no portion of the Subject Property may be
developed, altered, or disturbed in any way. Every reasonable effort must be made to keep
tree loss at an absolute minimum.
D. Erosion Control. 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, must be
maintained to prevent the washing, flooding, sedimentation and erosion of lands and roads
within and outside the Subject Property during all phases of construction. All public streets
must be kept free of all dirt and debris resulting from construction upon the Subject Property.
E. Certain Structures Prohibited. Except for the alterations described in Section B 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.
F. Camping Prohibited. No owner, as defined in Section A hereinabove, or other person shall
camp overnight on the Subject Property.
G. Motor Vehicle Parking and Boat Storage. No watercraft shall be parked or stored overnight
or on a permanent basis on the Subject Property, except as follows:
1. Not more than twenty-four (24) canoes or small sailboats may be so stored overnight in
the four boat racks described in Section B of this permit; and
2. Not more than nine (9) boats, motorized or non -motorized, may be docked overnight at
the docks described in Section B of this permit; and
3. Not more than four (4) sailboats at the mooring described in Section B of this permit.
`A
4. Except for construction equipment necessary for the execution of the plan and as
necessary for the maintenance of the Subject Property, no motor vehicle shall be driven
upon or parked upon the Subject Property.
5. 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.
H. Severabili[v. In the event any provision of this permit shall be held invalid, illegal, or
unenforceable by any court or competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision hereof, and the remaining provisions shall not in
any way be affected or impaired thereby.
I. Proof of Title. Upon request, the Association shall furnish the City with evidence
satisfactory to the City that it has acquired fee title to the Subject Property.
Notices. All notices, certificates and other communications hereunder shall be sufficiently
given and shall be deemed given when mailed by certified mail, returned receipt requested,
postage prepaid, with property address as indicated below. The City and the Association, by
written notice given by one to the other, may designate any address or addresses, to 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
Attn: City Manager
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
To the Association: Lotus Lake Estates Homeowners Association
Attn: President
P.O. Box 63
Chanhassen, MN 55317
K. Owners to be Notified of This Permit. The Association shall furnish each owner, as that term
is defined in Section A 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 A above,
with a copy of this permit, within thirty (30) days of any such owner's initial occupancy of
any residential structures in Lotus Lake Estates.
L. Reimbursement of Costs. 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 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 I above. This reimbursement obligation of the Association under this section shall be
a continuing obligation throughout the term of this permit.
4. Termination of Permit. The City may revoke the permit following a public hearing for
violation of the terms of this permit. The City may institute any proper action or proceeding at
law or at equity to prevent violations of the within property, to restrain or abate violations of the
within permit, or to prevent use or occupancy of the Subject Property.
5. Lapse. If within one year of the issuance of this permit the authorized construction has
not been substantially completed or the use commenced, this permit shall lapse, unless an extension
is granted in accordance with the Chanhassen Zoning Ordinance.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
Dated: October 12, 2009
CITY OF CHANHASSEN
rys
(SEAL)
STATE OF MINNESOTA )
(ss
COUNTY OF CARVER )
Tom Furlong, Mayor
Todd Gerhardt, City Manager
The foregoing instrument was acknowledged before me this_day of , 200,
by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council.
DRAFTED BY:
City of Chanhassen
P. O. Box 147
7700 Market Boulevard
Chanhassen, MN 55317
(952)227-1100
4
NOTARY PUBLIC
EXHIBIT "A"
TO
ENCROACHMENT AGREEMENT
Leval Description of HOA Pronertd
That part of Outlot B, LOTUS LAKE ESTATES, Carver County, Minnesota, according to the
recorded plat thereof, which lies southerly of the following described line:
Commencing at the most westerly comer of Lot 31, Block 2, of said Lotus lake Estates;
thence on an assumed bearing of North 61 degrees East, along the northwesterly line of said
Lot 31, a distance of 145.01 feet to the most northerly comer of said Lot 31, said point being
the point of beginning of the line to be described; thence North 60 degrees West, 194 feet,
more or less to the shoreline of Lotus Lake, and said line there terminating.
(ABSTRACT PROPERTY)
144122v02 6 (Abstract Property)
AN:c0310312009
r •
CITY OF CHANHASSEN
PLANNING DEPARTMENT
7700 Market Boulevard
P.O. Box 147
CHANHASSEN, MN 55317
(952) 227-1100 FAX (952) 227-1110
TO: Campbell Knutson, PA
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
WE ARE SENDING YOU
❑ Shop drawings
❑ Copy of letter
• ,-
LETTER OF TRANSMITTAL
DATE JOB NO.
10/23/09 09-16
ATTENTION
Sue Nelson
RE:
Document Recording
® Attached ❑ Under separate cover via the following items:
❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Change Order ❑ Pay Request ❑
COPIES
DATE
NO.
DESCRIPTION
1
10/12/09
09-16
Amended and Restated CUP 79-06 Lotus Lake Estates Beachlot
THESE ARE TRANSMITTED as checked below:
❑
For approval
❑
Approved as submitted
❑ Resubmit copies for approval
❑
For your use
❑
Approved as noted
❑ Submit copies for distribution
❑
As requested
❑
Returned for corrections
❑ Return corrected prints
❑
For review and comment
®
For Recording
❑
FOR BIDS DUE
❑
PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO: Lotus Lake Homeowners Association
PkaAADYA
SCANNED
If enclosures are not as noted, kindly notify us at once.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, NIINNESOTA
AMENDED AND RESTATED
CONDITIONAL USE PERMIT #79-6
PLANNING CASE #09-16
1. Permit Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby grants an amended and restated conditional use permit for the following use which replaces
Conditional Use Permit 79-6:
A Conditional Use Permit for a Recreational Beachlot
2. Property. The permit is for property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described as follows:
Outlot B, Lotus Lake Estates
3. Conditions. The permit is issued to the Lotus Lake Homeowners Association with the
following conditions:
A. Rests Under This Permit Not Expandable to Other Owners. This permit is issued for the
benefit of the owners of the 44 lots in Lotus lake Estates. The 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 agreement shall mean and refer to any natural person who is
either (a) the record owner of fee simple interest, or (b) the recorder owner of a contract for
deed vendee's interest, or (c) the holder of any possessory leasehold interest, in the whole of
any lot in Lotus lake Estates, including authorized guests and family members of any such
persons.
B. Certain Site Alterations Authorized. The following improvements may be installed on the
Subject Property:
One sand blanket swim area, as shown on the revised plan, Exhibit A, dated June 25,
1986, said swim area to be marked with a minimum of three anchored "swim area" buoys
that are in accordance with the Uniform Waterway Marking System; said buoys to be
anchored a reasonable distance from shore; and
2. 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
3. Four boat racks to be located on land with a storage capacity of either six canoes or six
small sailboats per rack; and
4. Three docks, not to exceed the greater of fifty (50) feet in length or that number of lineal
feet necessary to reach a water depth of four (4) feet; at the option of the Association, the
final ten (10) feet of any dock may consist of a ten foot by ten foot (10' x 10') square
platform; and
5. One ten foot by ten foot (10' x 10') 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 shore line; said raft shall project a minimum of (1) foot but not more than five (5)
feet above the lake surface, and the comer of said raft shall be reflectorized; and
6. One conversation fire -pit hole, four feet by four feet (4' x 4') constructed of brick or
masonry material, to be located on the northern edge of the sand blanket and no further
north than the northerly line of Lot 32, Block 1, Lotus Lake Estates, extended
northwesterly; and
7. Four sailboat moorings, to be located in the manner depicted on the site plan stamped
"Received June 25, 1986".
C. Trees. Except as provided in the permit, no portion of the Subject Property may be
developed, altered, or disturbed in anyway. Every reasonable effort must be made to keep
tree loss at an absolute minimum.
D. Erosion Control. 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, must be
maintained to prevent the washing, flooding, sedimentation and erosion of lands and roads
within and outside the Subject Property during all phases of construction. All public streets
must be kept free of all dirt and debris resulting from construction upon the Subject Property.
E. Certain Structures Prohibited. Except for the alterations described in Section B 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.
F. Camoing Prohibited. No owner, as defined in Section A hereinabove, or other person shall
camp overnight on the Subject Property.
G. Motor Vehicle Parkin and Boat Storage. No watercraft shall be parked or stored overnight
or on a permanent basis on the Subject Property, except as follows:
I. Not more than twenty-four (24) canoes or small sailboats maybe so stored overnight in
the four boat racks described in Section B of this permit; and
2. Not more than nine (9) boats, motorized or non -motorized, may be docked overnight at
the docks described in Section B of this permit; and
3. Not more than four (4) sailboats at the mooring described in Section B of this permit.
r
4. Except for construction equipment necessary for the execution of the plan and as
necessary for the maintenance of the Subject Property, no motor vehicle shall be driven
upon or parked upon the Subject Property.
5. 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.
H. Severability. In the event any provision of this permit shall be held invalid, illegal, or
unenforceable by any court or competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision hereof, and the remaining provisions shall not in
any way be affected or impaired thereby.
I. Proof of Title. Upon request, the Association shall furnish the City with evidence
satisfactory to the City that it has acquired fee title to the Subject Property.
Notices. All notices, certificates and other communications hereunder shall be sufficiently
given and shall be deemed given when mailed by certified mail, returned receipt requested,
postage prepaid, with property address as indicated below. The City and the Association, by
written notice given by one to the other, may designate any address or addresses, to 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
Attn: City Manager
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
To the Association: Lotus Lake Estates Homeowners Association
Attn: President
P.O. Box 63
Chanhassen, MN 55317
K. Owners to be Notified of This Permit. The Association shall furnish each owner, as that term
is defined in Section A 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 A above,
with a copy of this permit, within thirty (30) days of any such owner's initial occupancy of
any residential structures in Lotus Lake Estates.
L. Reimbursement of Costs. 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 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 J above. This reimbursement obligation of the Association under this section shall be
a continuing obligation throughout the term of this permit.
4. Termination of Permit. The City may revoke the permit following a public hearing for
violation of the terms of this permit. The City may institute any proper action or proceeding at
law or at equity to prevent violations of the within property, to restrain or abate violations of the
within permit, or to prevent use or occupancy of the Subject Property.
5. Lapse. If within one year of the issuance of this permit the authorized construction has
not been substantially completed or the use commenced, this permit shall lapse, unless an extension
is granted in accordance with the Chanhassen Zoning Ordinance.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
Dated: October 12, 2009
(SEAL)
STATE OF MINNESOTA )
(ss
COUNTY OF CARVER )
CITY OF CHANHASSEN
BY: I
Tom Furlong, Mayor
AND: �" / OO OU
/L
Gerhardt, City Manager
The foregoing instrument was acknowledged before me thisday of 0P..6,,,�, 2001
by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authoritygranted
by its City Council.
r�OT
ARY PUB C
DRAFTED BY:
City of Chanhassen
P. O. Box 147
7700 Market Boulevard
Chanhassen, MN 55317
(952)227-1100
KIM T. MEl1WISSEN
.., Notary Public -Minnesota
My Commission Expires Jan 31, 2010
1]
r
CITY OF
CHANHAS3EN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952,227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952,227.1160
Fax: 952.227.1170
Finance
Phone:952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952,227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.d.chanhassen.rin.us
October 13, 2009
Lotus Lake Estates Homeowners Association
Attn: Lois Anderson
P.O. Box 63
Chanhassen, MN 55317
Re: Amended and Restated Beachlot Conditional Use Permit
Planning Case #09-16
Dear Ms. Anderson:
This letter is to formally notify you that on October 12, 2009, the Chanhassen City
Council approved the Amended and Restated Conditional Use Permit 79-6 for the
Lotus Lake Estates Beachlot property located on Outlot B, Lotus Lake Estates,
Planning Case #09-16.
The CUP is subject to the following condition:
Outlot B must comply with conditions of the Amended and Restated CUP 79-
6.
A fully executed copy of the Amended and Restated Conditional Use Permit 79-6
will be mailed to you under separate cover. If you have any questions, please contact
me at 952-227-1132 or by email at akairies@ci.chanhassen.mn.us.
Sincerely,
-44
Angie Kairies
Planner I
c: Jerry Mohn, Building Official
Building Permit File
g:xplan\2009 planning cases\09-16 lotus lake estates cup\letter of appro�al.doc
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
SCANNED
Chanhassen City Council Ictober 12, 2009
Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the City Council
approve the consent agenda pursuant to the City Manager's recommendations:
a. Approval of Minutes:
-City Council Work Session Minutes dated September 28, 2009
-City Council Verbatim and Summary Minutes dated September 28, 2009
Receive Commission Minutes:
-Planning Commission Verbatim and Summary Minutes dated October 6, 2009
-Park and Recreation Commission Verbatim and Summary Minutes dated September 22,
2009
b. Resolution #2009-69: Lakeside 1", 2nd, and 3`d Additions: Approve Quotes to Complete
Punchlist Items.
C. Resolution #2009-70: Lyman Boulevard Improvement Project 06-03: Approve
Resolution Requesting a Box Culvert Clearance Variance from MnDOT and Approve
Change Order.
d. Resolution #2009-71: Well No. 4 Project 09-02: Approve Plans and Specifications and
Authorize Advertisement for Bids.
e. Lotus Lake Estates Beachlot: Extension of Conditional Use Permit.
f. Chanhassen City Code: Approve Amendments to Chapter 20, Zoning, Concerning Bluffs
and Signs.
g. Approve Assignment, Assumption, and Amendment Agreement for Wells Fargo
Brokerage Services.
h. Resolution #2009-72: Public Works Building: Approve Quotes for Furnishings, Change
Orders and Landscape Quotes as amended to update pricing.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
VISITOR PRESENTATIONS:
Mayor Furlong: We do have one invited guest this evening. Sam Schlangen with Troop 409 is
working on an Eagle Scout project at the Community Gardens here in Chanhassen and we
invited him to come and just give the council and update some information on what he's doing.
Good evening.
Sam Schlangen: Good evening. I'm Sam Schlangen. I'm with Troop 409, as he said. In June I
started to think about what project I was going to do for my Eagle Scout and I wanted to do
something that would help the environment so I got a hold of Jill Sinclair and she suggested
working with the City Garden of Chanhassen. I looked into it a little more and what was
2
SCAM" ,
•
• 1e
CITY OF
CBAN9ASSEN
7700 Market Boulevard
PC Box 147
Chanhassen, A 55317
Administration
Phone 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952,227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952,227,1170
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Angie Kairies, Planner I
DATE: October 12, 2009
SUBJ: Approval of amended and restated Conditional Use Permit 79-6
Lotus Lake Estates Beachlot, Outlot B, Lotus Lake Estates
PROPOSED MOTION:
"The Chanhassen City Council approves the amended and restated Conditional
Use Permit 79-6 for the Lotus Lake Estates Beachlot property located on Outlot
B, Lotus Lake Estates, Planning Case #09-16, subject to condition 1 as specified
on page 5 of the staff report; and adoption of the Planning Commission's
Findings of Fact."
City Council approval requires a majority of City Council present.
Finance
Phone: 952.227.1140
EXECUTIVE SUMMARY
Fax: 952.227.1110
The applicant is requesting an amendment to the Conditional Use Permit (CUP)
Park & Recreation
for the Lotus Lake Estates Beachlot to eliminate the expiration date, as CUP's run
Phone:952227.1120
with the land and may only be revoked following a public hearing due to non-
Fax:952.227.1110
compliance with the conditions of approval or petition of the property owners.
Recreation Center
2310 Coulter Boulevard
The applicant is also requesting an amendment to the language pertaining to the
Phone:952,227.1400
location of the fire pit on the site. The current language states the fire pit must be
Fax:952.227,1404
located landward of the walking path. However, that is not possible due to the
topography of the site. The applicant proposes to amend the CUP to allow the fire
Planning &
pit to be located on the northern edge of the sand blanket.
Natural Resources
Phone:952.227.1130
PLANNING COMMISSION UPDATE
Fax: 952.227.1110
PoWjc Works
A public hearing was held at the October 6, 2009 Planning Commission meeting.
1591 Park Road
The Planning Commission voted 5 to 0 to approve the amended and restated CUP
Phone:952.227,1300
79-6.
Fax: 952.227.1310
The Planning Commission did not have any issues with the proposed amendments to
senior Cantor
Phone:9522271125
the CUP amendments. The Planning Commission minutes are Item la of the City
Fax:9522271110
Council packet.
web she RECOMMENDATION
www.ci.chanfassen.mn.us
Staff and the Planning Commission recommend that the City Council adopt the
following motion:
Chanhassen is a Conaraariq for Ule - Provitling for Today and Planning for Tomorrow
Todd Gerhardt •
CUP Lotus Lake Estates Beachlot
October 12, 2009
Page 2
"The Chanhassen City Council approves the amended and restated Conditional Use Permit 79-6 for
the Lotus Lake Estates Beachlot property located on Outlot B, Lotus Lake Estates, Planning Case
#09-16, subject to condition 1 as specified on page 5 of the staff report; and adoption of the
Planning Commission's Findings of Fact."
ATTACHMENTS
1. Staff report dated October 6, 2009.
9:\plan\2009 planning cases\09-16 lotus lake estates cup\executive summary 10-12-09 lotus lake estates.doc
r
PROPOSED MOTION:
�7
"The Chanhassen XwAing GeffHrAssiaa meeffffaefWs that City Council approves the amended
and restated Conditional Use Permit 79-6 for the Lotus Lake Estates Beachlot property located on
Outlot B, Lotus Lake Estates, Planning Case #09-16, subject to condition 1 and adoption of the
Findings of Fact and Recommendation as specified on page 5 of the staff report."
PROPOSAL: The applicant is requesting an amendment to Conditional Use Permit 79-6,
Lotus Lake Estates Beachlot, to eliminate the expiration date and amend the
language pertaining to the fire pit.
LOCATION: Outlot B, Lotus Lake Estates
APPLICANT: Lotus Lake Estates Homeowners Association
P.O. Box 63
Chanhassen, MN 55317
PRESENT ZONING: Single -Family Residential (RSF)
2030 LAND USE PLAN: Parks Open Space
ACREAGE: 1.82 DENSITY: N/A
LEVEL OF CITY DISCRETION IN DECISION MAKING:
The City has limited discretion in approving or denying conditional use permits, based on
whether or not the proposal meets the conditional use permit standards outlined in the Zoning
Ordinance. If the City fords that all the applicable conditional use permit standards are met, the
permit must be approved. This is a quasi-judicial decision.
PROPOSAL/SUMMARY
Outlot B is part of the Lotus Lake Estates development and has approval for a beachlot via
Conditional Use Permit (CUP) 79-6 for sole use by the Lotus Lake Estates Homeowners
Association.
The Lotus Lake Estates Homeowners Association is proposing to amend the existing Conditional
Use Permit and remove the July 21, 2010 expiration date. A Conditional Use Permit runs with
the land and does not expire, unless the conditions of the CUP are not met and the City holds a
public hearing revoking the CUP. Therefore, the expiration date listed in the CUP is
Lotus Lake Estates Beachlot CUP
October 6, 2009
Page 2 of 5
unenforceable; however, staff and the applicant feel it is in the Association's best interest to
remove the expiration date from the CUP to clear up any misunderstanding.
In reviewing the existing CUP, staff and the applicant noted the approved location of the fire pit
within the site. The location is not feasible due to the topography of the site. Therefore, the
applicant is also requesting an amendment to the language pertaining to the location of the fire
pit.
The subject site is zoned Single -Family Residential (RSF) and is part of the Lotus Lake Estates
development. Lotus Lake is located to west, the Lotus Lake Estates single-family residential lots
are located to the east and permanent open space is located both to the north and south of Outlot B.
The beachlot complies with all requirements of the City Code and staff is recommending approval
of the conditional use permit amendment to eliminate the expiration date and revise the permitted
location of the fire pit.
APPLICABLE REGUATIONS
Chapter 20, Article IV, Conditional Use Permits.
Chapter 20, Article IV, Division 3, Section 20-266 Recreational Beachlots.
•
Lotus Lake Estates Beachlot CUP
October 6, 2009
Page 3 of 5
BACKGROUND
Lotus Lake Estates is comprised of 44 single-family residential lots and 3 Outlots. The
development is located on the east side of Lotus Lake and was platted in 1979. At the time of
platting, Outlot B was designated as a beachlot for the benefit of the Lotus Lake Estates
Homeowners Association and was approved with Conditional Use Permit 79-6 for such use.
The Homeowners Association was
granted approval of several
amendments to conduct further
development of Outlot B:
• March 10, 1981
• April 22, 1982
• July 18, 1984
• August 8, 1984
• November 19, 1984
• July 7, 1986
The amendments include installation
of a sand blanket swim area, a
pedestrian walkway, four boat racks,
three docks, a 10-foot by 10-foot
swimming raft, a fire pit, and four
sailboat moorings.
ANALYSIS
The subject site is part of the Lotus
Lake Estates Development, which is a
riparian outlot for the exclusive use
by the Lotus Lake Estates
Homeowners Association.
The Lotus Lake Homeowners
n. H'D:T. -
tO MEESVMM W>• °_'�
WE NAN ftlt qR
owtot G - \.
Lot 31
..a
Lot 32
G�
tt T
s Lot 33
F
Lot 34
M.
Lot 35
Lot 9
a.0aa .•d Peccd.
�Lot 8
eox rs.
Association is very active in
maintaining the beachlot and complying with the outlined conditions of the CUP. The Association
has been working with staff to install additional plantings to eliminate erosion along the slope and
restore areas of buckthorn removal (depicted with X's on schematic above). The HOA has clearly
acted in a manner consistent with the intent of the original CUP and in a manner displaying good
stewardship of Lotus Lake.
Lotus Lake Estates Beachlot CUP
October 6, 2009
Page 4of5
Compliance Table:
Ordinance
Eustis
Lake Frontage
200'
1,058'
Site area
30,000 sq ft for first dock,
100,188 sq ft
20,000 sq ft for each additional dock
Camping
Not permitted
Not permitted
Boat Launch
Not permitted
Not permitted
Overnight Mooring
< 3 motor or non -motorized water craft
Not more than nine (9) boats,
motorized or non -motorized, may be
docked overnight at the docks
Docks (number)
Max 3 docks
3 docks
200' of shoreline/dock
Dock size
• shall not exceed 6 feet in width
shall not to exceed the greater of fifty
• shall not exceed the greater of 50 feet or
(50) feet in length or that number of
the minimum straight-line distance
lineal feet necessary to reach a water
necessary to reach a water depth of four
depth of four (4) feet;
feet
• The width (but not the length) of the
At the option of the Association, the
cross -bar of any "T" or "L" shaped dock
final ten (10) feet of any dock may
shall be included in the computation of
consist of a ten -foot by ten -foot (10' x
length described in the preceding
10') square platform
sentence. The crossbar of any such dock
shall not measure in excess of 25 feet in
length
Sailboat Mooring
No sailboat mooring shall be permitted on
4 approved amended and restated
any recreational beachlot unless it has at
CUP 1986
least 200 feet of lake frontage. No more than
one sailboat mooring shall be allowed for
every 200 feet of lake frontage.
Canoe/Kayak/Sailboat
4 racks with no more than 6 storage units
4 racks with 6 storage units
Rack
per rack
Swimming Area
swimming areas are clearly delineated with
One sand blanket swim area marked
marker buoys which conform to the United
with a minimum of three anchored
States Coast Guard standards
"swim area" buoys that are in
accordance with the Uniform
Waterway marking System
Sand Blanket
Yes
Yes
When the Conditional Use Permit was originally approved, there was an expiration date of July 21,
2010 listed. Conditional Use Permits (CUP) rum with the land and are an indefinite permit until
revocation is requested by either the property owner or by the City. Therefore, staff is
recommending removal of the expiration date listed in the CUP.
The CUP permits `one conversation pit -fire hole, three (3) feet in diameter with a six-foot (6)
apron constructed of brick or masonry material, to be located landward of the walkway and not
further north than the northerly line of Lot 32, Block 1, Lotus Lake Estates, extended
northwesterly."
u
Lotus Lake Estates Beachlot CUP
October 6, 2009
Page 5of5
It is not possible to
locate the fire pit
landward of the
walkway due to the
sloping topography of
the site at the east edge
of the walkway, as well
as the heavy vegetation.
There is not an area
landward of the path that
would accommodate the
fire pit described in the
CUP.
The Association has
installed a 4' x 4' (16
square foot) masonry
fire pit located on the
northern edge of the
sand blanket.
Staff is proposing to amend the permitted dimensions of the fire pit to 4' x 4' (16 square feet) and
amend the location of the fire pit to the northern edge of the sand blanket.
RECOMMENDATION
Staff and the Planning Commission recommends that the Plaming COFFARiss City Council
adopt the following motion:
"The Chanhassen City Council approves the amended and
restated Conditional Use Permit 79-6 for the Lotus Lake Estates Beachlot property located on
Outlot B, Lotus Lake Estates, Planning Case #09-16, subject to the following condition and
adoption of the Findings of Fact and Recommendation:
1. Outlot B must comply with conditions of the Amended and Restated CUP 79-6."
ATTACHMENTS
1. Findings of Fact and Recommendation.
2. Development Review Application.
3. Exhibit A --Site layout.
4. Public Hearing Notice and Affidavit of Mailing List.
5. Amended and Restated CUP 79-6.
G1PLAN\2009 Planning Cases\09-16 Lotus Lake Estates CUP\CC Staff Report Lotus lake Estates Beachlot.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
Application of Lotus Lake Estates Homeowners Association for approval of amended and
restated Conditional Use Permit 79-6, Planning Case #09-16, for a Recreational Beachlot to
eliminate the CUP expiration date and amend the permitted location of the fire pit.
On October 6, 2009, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of the Lotus Lake Estates Homeowners Association for an
amended and restated conditional use permit for the property located at Outlot B, Lotus Lake
Estates. The Planning Commission conducted a public hearing on the proposed Conditional Use
Permit which was preceded by published and mailed notice. The Planning Commission heard
testimony from all interested persons wishing to speak and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single -Family Residential (RSF).
2. The property is guided by the Land Use Plan for Parks and Open Space.
3. The legal description of the property is described as Outlot B, Lotus Lake Estates.
4. Conditional Use Findings:
a. Will not be detrimental to or endanger the public health, safety, comfort, convenience or
general welfare of the neighborhood or city.
Finding: The beachlot has been in existence since the platting of Lotus Lake Estates in
1979. The CUP for the beachlot has been amended over the past several years to include
additional improvements such as a sand blanket, swim raft, canoe/sailboat racks, sailboat
mooring, etc. The beachlot is an amenity benefitting the homeowners located in the
Lotus Lake Estates development. The homeowners association is very active in
maintaining the beachlot. The amended and restated CUP will not be detrimental or
endanger the public health, safety, comfort, convenience or general welfare of the
neighborhood or city, but will permit the beachlot to continue.
b. Will be consistent with the objectives of the City's Comprehensive Plan and this chapter.
Finding: The proposed use is consistent with the City's Comprehensive Plan and
complies with Chanhassen City Code.
E
c. Will be designed, constructed, operated and maintained so to be compatible in
appearance with the existing or intended character of the general vicinity and will not
change the essential character of that area.
Finding: The recreational beachlot meets the zoning district and beachlot requirements
as outlined in the City Code. The existing CUP listed an expiration date which in
unenforceable, as CUP's run with the land, and can only be revoked at the request of the
applicant or by the City due to lack of compliance with the conditions of approval
following a public hearing. The current fire pit location in relation to the walking path is
not feasible and is therefore amended to an area on the north end of the sand blanket.
d. Will not be hazardous or disturbing to existing or planned neighboring uses.
Finding: The surrounding uses are residential lots within the Lotus Lake Estates
development and have access to the beachlot as part of their homeowners association.
The beachlot meets the requirements as outlined in the City Code and will not be
hazardous or disturb existing or planned neighboring uses and provides an amenity for
the association.
e. Will be served adequately by essential public facilities and services, including streets,
police and fire protection, drainage structures, refuse disposal, water and sewer systems
and schools; or will be served adequately by such facilities and services provided by the
persons or agencies responsible for the establishment of the proposed use.
Finding: The site is currently serviced by municipal services, which are adequate for the
development.
f. Will not create excessive requirements for public facilities and services and will not be
detrimental to the economic welfare of the community.
Finding: The site is currently serviced by adequate municipal services and shall
complement the existing uses in the area.
g. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare because
of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash.
Finding: The use is consistent with the standards of the recreational beachlot ordinance
as well as the RSF zoning district and will not be detrimental to the surrounding area.
h. Will have vehicular approaches to the property which do not create traffic congestion or
interfere with traffic or surrounding public thoroughfares.
Finding: Access by motorized vehicles on the site is prohibited on the beachlot, and
therefore will not create traffic congestion. A pedestrian access is provided to the site
from Choctaw Circle.
2
0
i. Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
Finding: The beachlot is open space for the benefit of the properties within the Lotus
Lake Estates development and will not result in destruction, loss or damage of solar
access, natural, scenic or historic features of major significance.
j. Will be aesthetically compatible with the area.
Finding: The beachlot is aesthetically compatible with the area.
k. Will not depreciate surrounding property values.
Finding: The use will not depreciate surrounding property values; rather it is an asset to
the Lotus Lake Estates development and homeowners.
1. Will meet standards prescribed for certain uses as provided in this article.
Finding: The use is consistent with the City Code with regard to recreational beachlots
and the RSF zoning district.
5. The planning report, Planning Case #09-16, dated October 6, 2009, prepared by Angie
Kairies, et al, is incorporated herein.
The Planning Commission recommends that the City Council approve the Amended and
Restated Conditional Use Permit 79-6, Planning Case #09-16, to eliminate the CUP expiration
date and amend the permitted location of the fire pit for a recreational beachlot on Oudot B,
Lotus Lake Estates.
ADOPTED by the Chanhassen Planning Commission this 6'h day of October, 2009.
CHANHASSEN PLANNING COMMISSION
La
Its Chairman
Planning Case No. ,
CITY OF CHANHASSEN
7700 Market Boulevard — P.O. Box 147
Chanhassen, MN 55317 — (952) 227-1100
DEVELOPMENT REVIEW APPLICATION
rKIN I
nt Name and Address:
LYs ckoct�w G'r�Cc .��sx
Contact: same.
Phone: i sa 40 b vs7oFax: —
Email: iv;i,,-w A(_ tf sz: m
Owner Name
AN s-s3 i7
Contact: �,c is ArxA A-3gr \
Phone: `lSz ac% a s 7o Fax:
Email v;'s ktccm
NOTE: Consultation with City staff is required prior to submittal, including review of development
plans d
Comprehensive Plan Amendment � ��J�
Conditional Use Permit (CUP) Pe,4'h�
Interim Use Permit (IUP)
Non -conforming Use Permit
Planned Unit Development'
Rezoning
Sign Permits
Sign Plan Review
Site Plan Review (SPR)'
Subdivision'
Temporary Sales Permit
Vacation of Right-of-Way/Easements (VAC)
Variance (VAR)
Wetland Alteration Permit (WAP)
Zoning Appeal
Zoning Ordinance Amendment
Notification Sign - $200
(City to install and remove)
X E ow Filing Fees Attorney Cost"
50 UP PRNAC/VAR/WAP/Metes &Bounds
(- $450 inor SUB) bt=P"Tr-rkrr
TOTAL FEES
An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant
prior to the public hearing.
'Sixteen (16) full-size folded copies of the plans must be submitted, including an 8'/2" X 11"
reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 ('.tif) format.
"Escrow will be required for other applications through the development contract.
Building material samples must be submitted with site plan reviews.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for
each application.
9
PROJECT NAME: C-alo
LEGAL DESCRIPTIONi .i.
TOTAL ACREAGE: 2.!i d AX4-4 s
WETLANDS PRESENT: V YES NO La I eytd / pLfs<��� /
PRESENT ZONING: ///,fw aldl4i- WELLi_py��i�f% e�(/1 iigddl�l'd;
REQUESTED ZONING:M"ZAA It'_5et.04"''Z4
PRESENT LAND USE DESIGNATION: pMn/ A /0//*114- —'"d- — dL Aka&Wdd Q-3`-rx�eeF - a42
itV"At"t O~/Z ,
REQUESTED LAND USE DESIGNATION: �A rn e�
REASON FOR REQUEST: :ak L . . < pala"W.r{ AtL5 l a-&M d 'd4'"'& Y &t,
.L d. ti/ice 'a_t.�•
FOR •' number
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within 15 business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
Signature of Applicant / #
Signature of Fee Owner
G\PLAMFo s\Development Review Applic nw.DOC
�31� Og
Date
fs�3/�D y
Date
Rev. 1108
09NNVOS
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0
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly swom, on oath deposes that she is and was on
September 24, 2009, the duly qualified and acting Deputy Clerk of the City of Chanhassen,
Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public
Hearing for the Lotus Lake Estates Beachlot Conditional Use Permit — Planning Case 09-16
to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope
addressed to such owner, and depositing the envelopes addressed to all such owners in the United
States mail with postage fully prepaid thereon; that the names and addresses of such owners were
those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and
by other appropriate records.
Subscribed ands orn to before me
this��day o 2009.
,
y CKommission WEN
u4
*ImNotaryMlic-MIJnneta
1010Expiea, 2
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Date & Time:
Tuesday, October 6, 2009 at 7:00 P.M. This hearing may not start
until later in the evening, dependlno on the order of the agenda.
Location:
City Hall Council Chambers, 7700 Market Blvd.
Proposal:
Request for renewal of a conditional use permit for a beachlot
Applicant:
Lotus Lake Estates Homeowners Association
Property
Between 115 and 121 Choctaw Circle
Location:
(Outlot B, Lotus Lake Estates)
A location map Is on the reverse side of this notice.
The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood
about this project. During the meeting, the Chair will lead the
What Happens
public hearing through the following steps:
at the Meeting:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses
the project.
If you want to see the plans before the meeting, please visit
the City's projects web page at:
www.ci.chanhassen.mn.us/sere/plan/09-16.html. If you wish to
talk to someone about this project, please contact Angie
Questions &
Kairies by email at akairies@ci.chanhassen.mn.us or by
Comments:
phone at 952-227-1132. If you choose to submit written
comments, it is helpful to have one copy to the department in
advance of the meeting. Staff will provide copies to the
Commission. The staff report for this Item will be available
online on the project web site listed above the Thursday
rior to the PlannIng Commission meeting.
City Review Prmedure:
• Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Alterations,
Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the
Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the
application in writing. Any interested party is invited to attend the meeting.
• Staff prepares a report on the subject application that includes all pertinent information and a recommendation.
These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of
the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of
the hearing process. The Commission will close the public hearing and discuss the item and make a
recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning
Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the
City Council except rezonings and land use amendments from residential to commerciallndustrial.
• Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant
waives this standard. Some applications due to their complexity may take several months to complete. Any
person wishing to follow an item through the process should check with the Planning Department regarding its
status and scheduling for the City Council meeting.
• A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers
are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the
project with any interested person(s).
• Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and
any correspondence regarding the application will be included in the report to the City Council. If you wish to have
something to be included in the report, please contact the Planning Staff person named on the notification.
Date & Time,
'
Tuesday, October 6, 2009 at 7:00 p.m. This hearing may not start
until later in the evening, depending on the order of the agenda'
Location:
City Hall Council Chambers, 7700 Market Blvd.
Proposal:
Request for renewal of a conditional use permit for a beachlot
Applicant:
Lotus Lake Estates Homeowners Association
Property
Between 115 and 121 Choctaw Circle
Location:
(Outlot B, Lotus Lake Estates)
A location map Is on the reverse side of this notice.
The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood
about this project. During the meeting, the Chair will lead the
What Happens
public hearing through the following steps:
1. Staff will give an overview of the proposed project.
at the Meeting:
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses
the project.
If you want to see the plans before the meeting, please visit
the City's projects web page at:
www.ci.chanhassen.mn.us/serv/plan/09-16.html. If you wish to
talk to someone about this project, please contact Angie
Kairies by email at akairies@ci.chanhassen.mn.us or by
Questions &
phone at 952-227-1132. If you choose to submit written
Comments:
comments, it is helpful to have one copy to the department in
advance of the meeting. Staff will provide copies to the
Commission. The staff report for this item will be available
online on the project web site listed above the Thursday
prior to the Planning Commission meeting.
City Review Procedure:
• Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alteratio
Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the
Planning Commission. City ordinances require all property within 600 feet of the subject site to be notified of t
application in writing. Any interested party is invited to attend the meeting,
• Staff prepares a report on the subject application that includes all pertinent information and a recommentlation,
These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of
the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of
the hearing process, The Commission will close the public hearing and discuss the item and make a
recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning
Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the
City Council except rezonings and land use amendments from residential to commemiatrndustrial.
• Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant
waives this standard. Some applications due to their complexity may take several months to complete. Any
person wishing to follow an item through the process should check with the Planning Department regarding its
status and scheduling for the City Council meeting.
• A neighborhood spokesperson/representative Is encouraged to provide a contact for the city. Often developers
are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the
project with any interested person(s).
• Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and
any correspondence regarding the application will be included in the report to the City Council. If you wish to have
something to be included in the report, lease contact the Planning Staff person named on the notification.
ALAN C & BRENDA S LEM ALICIA BROZOVICH
91 CHOCTAW CIR 6609 HORSESHOE CURV
CHANHASSEN, MN 55317-8577 CHANHASSEN, MN 55317-9526
ANN DANIELSON ANN F FLEISCHAUER
6607 HORSESHOE CURV 71 CHOCTAW CIR
CHANHASSEN, MN 55317-9526 CHANHASSEN, MN 55317-8577
BRACE D HELGESON BRIAN H & JEANNE M BATZLI
7820 TERREY PINE CT 100 SANDY HOOK RD
EDEN PRAIRIE, MN 55347-1126 CHANHASSEN, MN 55317-9580
CHARLES B & PAULA W HALLAU CINDY L RUSS
115 CHOCTAW CIR 51 CHOCTAW CIR
CHANHASSEN, MN 55317-9505 CHANHASSEN, MN 55317-8577
DAVID A & PATRICIA L PREVES DOUGLAS P & LORENE K BROWN
106 SANDY HOOK RD 120 CHOCTAW CIR
CHANHASSEN, MN 55317-9580 CHANHASSEN, MN 55317-9505
GARY A WELCH GEORGE W & PATRICIA A POLLNOW
101 CHOCTAW CIR 130 CHOCTAW CIR
CHANHASSEN, MN 55317-9505 CHANHASSEN, MN 55317-9505
HAROLD G & KATHRYN M DAHL HARVEY J & CATHERINE G GREEN
6631 HORSESHOE CURV 141 CHOCTAW CIR
CHANHASSEN, MN 55317-9526 CHANHASSEN, MN 55317-9505
JEAN E AMICK JEFFREY B & DONNA M DAHL
6541 GRAY FOX CURV 6537 GRAY FOX CURV
CHANHASSEN, MN 55317-9247 CHANHASSEN, MN 55317-9247
JOHN C & RHONDA RICHMOND JOSEPH EDWARD ALEXANDER
6535 GRAY FOX CURV 4662 KILDARE RD
CHANHASSEN, MN 55317-9247 MOUND, MN 55364-1859
KALLEY T YANTA KENTON & JULIA KELLY
365 PLEASANT VIEW RD 6539 GRAY FOX CURV
CHANHASSEN, MN 55317-9524 CHANHASSEN, MN 55317-9247
ALLISTER TUDOR & DENISE JONES
135 CHOCTAW CIR
CHANHASSEN, MN 55317-9505
BENJAMIN T & KIIRSTEN C RAKERS
70 CHOCTAW CIR
CHANHASSEN, MN 55317-8577
CAREY P & SUSAN L BOHN
160 CHOCTAW CIR
CHANHASSEN, MN 55317-9505
DANIEL N & BARBARA A HECTORNE
111 CHOCTAW CIR
CHANHASSEN, MN 55317-9505
EMILY H JOHNSON
335 PLEASANT VIEW RD
CHANHASSEN, MN 55317-9524
HARLAN & MARGARET SWANSON
131 CHOCTAW CIR
CHANHASSEN, MN 55317-9505
JAY H & SHELLEY H STROHMAIER
80 SANDY HOOK RD
CHANHASSEN, MN 55317-9312
JEFFREY L & CAROL E KAHNKE
154 CHOCTAW CIR
CHANHASSEN, MN 55317-9505
JOSEPH M & MARGERY M
PFANKUCH
6611 HORSESHOE CURV
CHANHASSEN, MN 55317-9526
KENTON L & SHARON N TOLLBERG
125 CHOCTAW CIR
CHANHASSEN, MN 55317-9505
11
r
LADD R & SUSAN M CONRAD
6625 HORSESHOE CURV
CHANHASSEN, MN 55317-9526
LOTUS LAKE BETTERMENT ASSN
105 SANDY HOOK RD
CHANHASSEN, MN 55317-9580
MARK C & NANCY A ENGASSER
7000 DAKOTA
CHANHASSEN, MN 55317-9583
PAUL G & LENORE J DRYKE
105 CHOCTAW CIR
CHANHASSEN, MN 55317-9505
ROBERT B & SUE MIDNESS
112 SANDY HOOK RD
CHANHASSEN, MN 55317-9580
RONALD & LEANNE HARVIEUX
6605 HORSESHOE CURV
CHANHASSEN, MN 55317-9526
STEPHEN J & JEANNIE L WANEK
6615 HORSESHOE CURV
CHANHASSEN, MN 55317-9526
THOMAS F & MARY S KELLY
100 CHOCTAW CIR
CHANHASSEN, MN 55317-9505
WAYNE A & CATHY L DIONNE
90 CHOCTAW CIR
CHANHASSEN, MN 55317-8577
LANCE D & SUSAN J STREFF
110 CHOCTAW CIR
CHANHASSEN, MN 55317-9505
LOTUS LAKE HOMEOWNERS ASSN
PO BOX 63
CHANHASSEN, MN 55317-0063
MICHAEL JOHN DAVIS
6545 GRAY FOX CURV
CHANHASSEN, MN 55317-9247
PETER A MOSCATELLI
102 SANDY HOOK RD
CHANHASSEN, MN 55317-9580
ROBERT G HOFFNER JR &
150 CHOCTAW CIR
CHANHASSEN, MN 55317-9505
SCOTT R & JEAN B FRANSEN
151 CHOCTAW CIR
CHANHASSEN, MN 55317-9505
STEVEN M GULLICKSON &
6613 HORSESHOE CURV
CHANHASSEN, MN 55317-9526
THOMAS V & DARLEEN TURCOTTE
108 SANDY HOOK RD
CHANHASSEN, MN 55317-9580
WAYNE KEINATH
155 CHOCTAW CIR
CHANHASSEN, MN 55317-9505
LOIS E ANDERSON
145 CHOCTAW CIR
CHANHASSEN, MN 55317-9505
MARILYN A BOECKERMANN
104 SANDY HOOK RD
CHANHASSEN, MN 55317-9580
NEIL LIBSON &
140 CHOCTAW CIR
CHANHASSEN, MN 55317-9505
PHILIP O & LUDMILLA J ISAACSON
6633 HORSESHOE CURV
CHANHASSEN, MN 55317-9526
RODNEY DALE WILLIAMS &
121 CHOCTAW CIR
CHANHASSEN, MN 55317-9505
STATE OF MINNESOTA - DNR
500 LAFAYETTE RD
ST PAUL, MN 55155-4030
THOMAS & MARILYN PALMBY
114 SANDY HOOK RD
CHANHASSEN, MN 55317-9580
VERNETTE M DOW
6543 GRAY FOX CURV
CHANHASSEN, MN 55317-9247
0
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
AMENDED AND RESTATED
CONDITIONAL USE PERMIT #79-6
PLANNING CASE #09-16
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby grants an amended and restated conditional use permit for the following use which replaces
Conditional Use Permit 79-6:
A Conditional Use Permit for a Recreational Beachlot
2. Property. The permit is for property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described as follows:
Outlot B, Lotus Lake Estates
3. Conditions. The permit is issued to the Lotus Lake Homeowners Association with the
following conditions:
A. Rights Under This Permit Not Expandable to Other Owners. This permit is issued for the
benefit of the owners of the 44 lots in Lotus Lake Estates. The 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 agreement shall mean and refer to any natural person who is
either (a) the record owner of fee simple interest, or (b) the recorder owner of a contract for
deed vendee's interest, or (c) the holder of any possessory leasehold interest, in the whole of
any lot in Lotus Lake Estates, including authorized guests and family members of any such
persons.
B. Certain Site Alterations Authorized. The following improvements may be installed on the
Subject Property:
One sand blanket swim area, as shown on the revised plan, Exhibit A, dated June 25,
1986, said swim area to be marked with a minimum of three anchored "swim area" buoys
that are in accordance with the Uniform Waterway Marking System; said buoys to be
anchored a reasonable distance from shore; and
2. 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
3. Four boat racks to be located on land with a storage capacity of either six canoes or six
small sailboats per rack; and
u
4. Three docks, not to exceed the greater of fifty (50) feet in length or that number of lineal
feet necessary to reach a water depth of four (4) feet; at the option of the Association, the
final ten (10) feet of any dock may consist of a ten foot by ten foot (10' x 10') square
platform; and
5. One ten foot by ten foot (10' x 10') 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 shore line; said raft shall project a minimum of (1) foot but not more than five (5)
feet above the lake surface, and the corner of said raft shall be reflectorized; and
6. One conversation fire -pit hole, four feet by four feet (4' x 4') constructed of brick or
masonry material, to be located on the northern edge of the sand blanket and no further
north than the northerly line of Lot 32, Block 1, Lotus Lake Estates, extended
northwesterly; and
7. Four sailboat moorings, to be located in the manner depicted on the site plan stamped
"Received June 25, 1986".
C. Trees. Except as provided in the permit, no portion of the Subject Property may be
developed, altered, or disturbed in any way. Every reasonable effort must be made to keep
tree loss at an absolute minimum.
D. Erosion Control. 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, must be
maintained to prevent the washing, flooding, sedimentation and erosion of lands and roads
within and outside the Subject Property during all phases of construction. All public streets
must be kept free of all dirt and debris resulting from construction upon the Subject Property.
E. Certain Structures Prohibited. Except for the alterations described in Section B 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.
F. Camping Prohibited. No owner, as defined in Section A hereinabove, or other person shall
camp overnight on the Subject Property.
G. Motor Vehicle Parking and Boat Storage. No watercraft shall be parked or stored overnight
or on a permanent basis on the Subject Property, except as follows:
1. Not more than twenty-four (24) canoes or small sailboats may be so stored overnight in
the four boat racks described in Section B of this permit; and
2. Not more than nine (9) boats, motorized or non -motorized, may be docked overnight at
the docks described in Section B of this permit; and
3. Not more than four (4) sailboats at the mooring described in Section B of this permit.
0
4. Except for construction equipment necessary for the execution of the plan and as
necessary for the maintenance of the Subject Property, no motor vehicle shall be driven
upon or parked upon the Subject Property.
5. 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.
H. Severability. In the event any provision of this permit shall be held invalid, illegal, or
unenforceable by any court or competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision hereof, and the remaining provisions shall not in
any way be affected or impaired thereby.
I. Proof of Title. Upon request, the Association shall furnish the City with evidence
satisfactory to the City that it has acquired fee title to the Subject Property.
I Notices. All notices, certificates and other communications hereunder shall be sufficiently
given and shall be deemed given when mailed by certified mail, returned receipt requested,
postage prepaid, with property address as indicated below. The City and the Association, by
written notice given by one to the other, may designate any address or addresses, to 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
Attn: City Manager
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
To the Association: Lotus Lake Estates Homeowners Association
Attn: President
P.O. Box 63
Chanhassen, MN 55317
K. Owners to be Notified of This Permit. The Association shall furnish each owner, as that term
is defined in Section A above, with a copy of this permit within thirty (30) days of the signing
of this permit and shall fumish each future owner, as that term is defined in Section A above,
with a copy of this permit, within thirty (30) days of any such owner's initial occupancy of
any residential structures in Lotus Lake Estates.
L. Reimbursement of Costs. 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 the Association. Such reimbursement shall be made
E
0
within fourteen (14) days of the date of mailing of the City's notice of costs as provided in
Section 7 above. This reimbursement obligation of the Association under this section shall be
a continuing obligation throughout the term of this permit.
4. Termination of Permit. The City may revoke the permit following a public hearing for
violation of the terms of this permit. The City may institute any proper action or proceeding at
law or at equity to prevent violations of the within property, to restrain or abate violations of the
within permit, or to prevent use or occupancy of the Subject Property.
5. Lapse. If within one year of the issuance of this permit the authorized construction has
not been substantially completed or the use commenced, this permit shall lapse, unless an extension
is granted in accordance with the Chanhassen Zoning Ordinance.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
Dated:
CITY OF CHANHASSEN
Tom Furlong, Mayor
(SEAL)
Todd Gerhardt, City Manager
STATE OF NUNNESOTA )
(ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this_day of , 200_,
by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
P. O. Box 147
7700 Market Boulevard
Chanhassen, MN 55317
(952)227-1100
04-1e
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
II '
Application of Lotus Lake Estates Homeowners Association for approval of amended and
restated Conditional Use Permit 79-6, Planning Case #09-16, for a Recreational Beachlot to
eliminate the CUP expiration date and amend the permitted location of the fire pit.
On October 6, 2009, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of the Lotus Lake Estates Homeowners Association for an
amended and restated conditional use permit for the property located at Outlot B, Lotus Lake
Estates. The Planning Commission conducted a public hearing on the proposed Conditional Use
Permit which was preceded by published and mailed notice. The Planning Commission heard
testimony from all interested persons wishing to speak and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single -Family Residential (RSF).
2. The property is guided by the Land Use Plan for Parks and Open Space.
3. The legal description of the property is described as Outlot B, Lotus Lake Estates.
4. Conditional Use Findings:
a. Will not be detrimental to or endanger the public health, safety, comfort, convenience or
general welfare of the neighborhood or city.
Finding: The beachlot has been in existence since the platting of Lotus Lake Estates in
1979. The CUP for the beachlot has been amended over the past several years to include
additional improvements such as a sand blanket, swim raft, canoe/sailboat racks, sailboat
mooring, etc. The beachlot is an amenity benefitting the homeowners located in the
Lotus Lake Estates development. The homeowners association is very active in
maintaining the beachlot. The amended and restated CUP will not be detrimental or
endanger the public health, safety, comfort, convenience or general welfare of the
neighborhood or city, but will permit the beachlot to continue.
b. Will be consistent with the objectives of the City's Comprehensive Plan and this chapter.
Finding: The proposed use is consistent with the City's Comprehensive Plan and
complies with Chanhassen City Code.
SCANNED
c. Will be designed, constructed, operated and maintained so to be compatible in
appearance with the existing or intended character of the general vicinity and will not
change the essential character of that area.
Finding: The recreational beachlot meets the zoning district and beachlot requirements
as outlined in the City Code. The existing CUP listed an expiration date which in
unenforceable, as CUP's run with the land, and can only be revoked at the request of the
applicant or by the City due to lack of compliance with the conditions of approval
following a public hearing. The current fire pit location in relation to the walking path is
not feasible and is therefore amended to an area on the north end of the sand blanket.
d. Will not be hazardous or disturbing to existing or planned neighboring uses.
Finding: The surrounding uses are residential lots within the Lotus Lake Estates
development and have access to the beachlot as part of their homeowners association.
The beachlot meets the requirements as outlined in the City Code and will not be
hazardous or disturb existing or planned neighboring uses and provides an amenity for
the association.
e. Will be served adequately by essential public facilities and services, including streets,
police and fire protection, drainage structures, refuse disposal, water and sewer systems
and schools; or will be served adequately by such facilities and services provided by the
persons or agencies responsible for the establishment of the proposed use.
Finding: The site is currently serviced by municipal services, which are adequate for the
development.
f. Will not create excessive requirements for public facilities and services and will not be
detrimental to the economic welfare of the community.
Finding: The site is currently serviced by adequate municipal services and shall
complement the existing uses in the area.
g. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare because
of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash.
Finding: The use is consistent with the standards of the recreational beachlot ordinance
as well as the RSF zoning district and will not be detrimental to the surrounding area.
h. Will have vehicular approaches to the property which do not create traffic congestion or
interfere with traffic or surrounding public thoroughfares.
Finding: Access by motorized vehicles on the site is prohibited on the beachlot, and
therefore will not create traffic congestion. A pedestrian access is provided to the site
from Choctaw Circle.
2
i. Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
Finding: The beachlot is open space for the benefit of the properties within the Lotus
Lake Estates development and will not result in destruction, loss or damage of solar
access, natural, scenic or historic features of major significance.
j. Will be aesthetically compatible with the area.
Finding: The beachlot is aesthetically compatible with the area.
k. Will not depreciate surrounding property values.
Finding: The use will not depreciate surrounding property values; rather it is an asset to
the Lotus Lake Estates development and homeowners.
1. Will meet standards prescribed for certain uses as provided in this article.
Finding: The use is consistent with the City Code with regard to recreational beachlots
and the RSF zoning district.
5. The planning report, Planning Case #09-16, dated October 6, 2009, prepared by Angie
Kairies, et al, is incorporated herein.
RECONUVIENDATION
The Planning Commission recommends that the City Council approve the Amended and
Restated Conditional Use Permit 79-6, Planning Case #09-16, to eliminate the CUP expiration
date and amend the permitted location of the fire pit for a recreational beachlot on Outlot B,
Lotus Lake Estates.
ADOPTED by the Chanhassen Planning Commission this a day of October, 2009.
Chanhassen Planning Co•ssion - October 6, 2009 •
o9-1%4
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
PUBLIC HEARING:
LOTUS LAKE ESTATES BEACHLOT CONDITIONAL USE PERMIT: REQUEST
FOR RENEWAL OF CONDITIONAL USE PERMIT FOR LOTUS LAKE ESTATE
ESTATES HOMEOWNERS ASSOCIATION, PLANNING CASE 09-16.
Angie Kairies presented the staff report on this item.
Larson: Okay. Let's start with Kevin.
Dillon: You know I don't have any questions. I guess I would, it was kind of hard for me to see
why anyone would be against this. I mean...
Aanenson: It's a formality.
Dillon: Okay.
Larson: Okay. How about you Denny?
Laufenburger: So really the, you're amending the location of the fire pit to where it is right
now?
Kairies: Correct.
Laufenburger: Thank you.
Larson: That's it? Anyone else?
Thomas: I'm good.
Larson: I don't see any problem. Okay, have we got an applicant? State your name and address
for the record please.
Lois Anderson: Good evening Madam Chairwoman and members of the commission. My name
is Lois Anderson. I'm the current President of the Lotus Lake Estates Homeowners Association.
I live at 145 Choctaw Circle and just wanted to tell you a little bit about our neighborhood so you
could understand why this is important to us. We are requesting that it become permanent so we
don't have the anxiety of whether we'll be removed or not and also to get the amendment for the
fire pit. Our neighborhood consists of 44 homes. Many of the neighbors have been there since
the inception of the neighborhood and we have a number of families moving in with young
children. We range from empty nesters to virtual newlyweds. We have a lot of interest in the
lakeshore area. It's kind of the center of our neighborhood. That's where we have neighborhood
SCANNED
Chanhassen Planning Commission — October 6, 2009 •
picnics. Where we have a fishing derby in the spring. Where we do winter and summer time
activities. And it's been something that people have been remarkably willing to get very
involved in. I have been delighted as the president this year to see how many people have been
willing to come down and get their hands muddy. Planting new plants to take the place of the
buckthorn that we've pulled out. People work to put the docks in. Take them out. It's a very
engaged, active neighborhood. We use the beach individually and family groups. As a whole
neighborhood. People swim, waterski. Somebody plows the lake and, in the wintertime, and
makes a skating rink down there. We have become involved with other organizations such as the
Lotus Lake Clean Water Organization. Paul Dryke is here tonight has been very persuasive. We
have 95% membership in the Lotus Lake Clean Water Organization in our neighborhood. We
have attended meetings of the watershed district to see what we can do to help improve our lake
and make it a better place. We have talked to Terry Jeffrey and Jill Sinclair about not only the
kind of plantings we need but what we can do to reduce erosion and runoff, and we have been
delighted with the support and recommendations we've gotten from them. We are looking at
putting in some rain gardens on the outlot so that we can reduce any kind of runoff that we might
be producing from the hard cover above the lake so that we can clean up the lake as much as we
can. As I said this is, this is important to us. We have been involved in cutting and pulling
buckthorn. Replacing that with native grasses, ferns, sedges, things like that to try and improve
the quality of the growth on the outlot as much as possible, and we've had a lot of donations of
both time and materials in doing that. The involvement of the City in this effort has been also
wonderful. I've been delighted with the kind of help and advice we've gotten from Terry Jeffrey
and Jill Sinclair and then the help we've had from Angie Kairies in going through this renewal
process so we thank you very much for your assistance with this and we look forward to
continuing to work with the City to make things better yet. Thank you very much for your time.
Larson: Thank you. Okay, at this time I will open the public hearing. Is there anybody that
would like to step up and make a comment? I guess not. We will close the public hearing and
talk about it. What do you think Tom?
Doll: I'm fine with it. No questions.
Larson: Okay. Kathleen.
Thomas: I'm good with it too. I think it's a good idea to make it easier and less having to come
back year after year after year.
Larson: Okay. Denny?
Laufenburger: Same.
Dillon: I, it looks pretty straightforward tome. I'm in favor of this.
Larson: Okay. As am I. I would say I agree with you. I don't know why this was even an issue
so at that I will entertain a motion.
Dillon: I'll make a motion.
10
77N11
�w
Chanhassen Planning Commission — October 6, 2009
Larson: Okay.
Dillon: That the Chanhassen Planning Commission recommends that the City Council approve
the amended and restated Conditional Use Permit 79-6 for the Lotus Lake Estates beachlot
property located on Outlot B, Lotus Lake Estates, Planning Case 09-16, subject to the conditions
and adoption of the Findings of Fact and Recommendation as specified on page 5 of the staff
report.
Larson: Have we got a second?
Thomas: Second.
Dillon moved, Thomas seconded that the Chanhassen Planning Commission recommends
that the City Council approve the amended and restated Conditional Use Permit 79-6 for
the Lotus Lake Estates beachlot property located on Outlot B, Lotus Lake Estates,
Planning Case 09-16, subject to adoption of the Findings of Fact and Recommendation and
the following conditions:
1. Outlot B must comply with conditions of the Amended and Restated CUP 79-6
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
PUBLIC HEARING:
ORDINANCE AMENDMENTS TO CHAPTER 20, ZONING: BLUFF PROTECTION.
Kate Aanenson presented the staff report on this item.
Larson: Do you have any questions? We'll start with Tom.
Doll: Does this, did people in these areas, are they aware of this change?
Aanenson: We have a lot of non -conforming setbacks and they're in place right now. There are
people that are built to the edge or close to the edge right now so they are non -conforming. If
they go to alter it then often we have, we're working with some right now that are, have retaining
walls into that bluff impact zone, or into the bluff already. Those are non -conforming situations
so, in those circumstances they have to be over time they may deteriorate and we require that
they come back and engineer them and it'd be difficult to try to pull those out. You know say
you can't replace them because there's integrity issues there so we would continue to work with
those people and try to minimize those impacts. But this would be different than somebody
that's coming in new. Especially along, if you go down the southern part of the city where
there's some pretty steep bluffs so.
Doll: Okay, that's all.
Larson: Kathleen?
11
t
10/6/2009
Platted in ig7q: - -
u�.
za«kt
-Not more than nine lql boats, "O
mommizedor non motorized, �...
may be do ke m mightatrhe
d«ks
y alboat ma«ings
'e canoe,k Yak, sailboat racks
wish 6 smrage units eath
•Onevnd blanketsnmarea
wlbugs — �n
onerim-pit
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SCANNED
1
10/6/2009
Recommendation
"The Chanhassen Planning Commission recommends the
City Council approve the amended and restated
Conditional Use Permit 79-6 for the Lotus Lake Estates
Beachlot property located on Outlot B, Lotus Lake
Estates, Planning Case #ogg-16, subject to the following
condition and adoption of the Findings of Fact and
Recommendation:
t. Outlot B must comply with conditions of the Amended
and Restated CUP 79-6."
AL
PROPOSED MOTION:
Ah
"The Chanhassen Planning Commission recommends that the City Council approve the amended and
restated Conditional Use Permit 79-6 for the Lotus Lake Estates Beachlot property located on Outlot
B, Lotus Lake Estates, Planning Case #09-16, subject to conditions and adoption of the Findings of
Fact and Recommendation as specified on page 5 of the staff report."
PROPOSAL: The applicant is requesting an amendment to Conditional Use Permit 79-6, olirl
Lotus Lake Estates Beachlot, to eliminate the expiration date and amend the '
language pertaining to the fire pit.
LOCATION: Outlot B, Lotus Lake Estates
APPLICANT: Lotus Lake Estates Homeowners Association
P.O. Box 63
Chanhassen, MN 55317
PRESENT ZONING: Single -Family Residential (RSF)
2030 LAND USE PLAN: Parks Open Space
ACREAGE: 1.82 DENSITY: N/A
LEVEL OF CITY DISCRETION IN DECISION MAKING:
The City has limited discretion in approving or denying conditional use permits, based on
whether or not the proposal meets the conditional use permit standards outlined in the Zoning
Ordinance. If the City finds that all the applicable conditional use permit standards are met, the
permit must be approved. This is a quasi-judicial decision.
PROPOSAL/SUMMARY
Outlot B is part of the Lotus Lake Estates development and has approval for a beachlot via
Conditional Use Permit (CUP) 79-6 for sole use by the Lotus Lake Estates Homeowners
Association.
The Lotus Lake Estates Homeowners Association is proposing to amend the existing Conditional
Use Permit and remove the July 21, 2010 expiration date. A Conditional Use Permit runs with
the land and does not expire, unless the conditions of the CUP are not met and the City holds a
public hearing revoking the CUP. Therefore, the expiration date listed in the CUP is
a- •veo
Lotus Lake Estates Beachlot CUP
October 6, 2009
Page 2 of 5
unenforceable; however, staff and the applicant feel it is in the Association's best interest to
remove the expiration date from the CUP to clear up any misunderstanding.
In reviewing the existing CUP, staff and the applicant noted the approved location of the fire pit
within the site. The location is not feasible due to the topography of the site. Therefore, the
applicant is also requesting an amendment to the language pertaining to the location of the fire
Pit.
The subject site is zoned Single -Family Residential (RSF) and is part of the Lotus Lake Estates
development. Lotus Lake is located to west, the Lotus Lake Estates single-family residential lots
are located to the east and permanent open space is located both to the north and south of Outlot B.
The beachlot complies with all requirements of the City Code and staff is recommending approval
of the conditional use permit amendment to eliminate the expiration date and revise the permitted
location of the fire pit.
APPLICABLE REGUATIONS
Chapter 20, Article IV, Conditional Use Permits.
Chapter 20, Article IV, Division 3, Section 20-266 Recreational Beachlots.
Lotus Lake Estates Beachlot CUP
October 6, 2009
Page 3 of 5
BACKGROUND
Lotus Lake Estates is comprised of 44 single-family residential lots and 3 Outlots. The
development is located on the east side of Lotus Lake and was platted in 1979. At the time of
platting, Outlot B was designated as a beachlot for the benefit of the Lotus Lake Estates
Homeowners Association and was approved with Conditional Use Permit 79-6 for such use.
The Homeowners Association was
granted approval of several
amendments to conduct further
development of Outlot B:
• March 10, 1981
• April 22, 1982
• July 18, 1984
• August 8, 1984
• November 19, 1984
• July 7, 1986
The amendments include installation
of a sand blanket swim area, a
pedestrian walkway, four boat racks,
three docks, a 10-foot by 10-foot
swimming raft, a fire pit, and four
sailboat moorings.
ANALYSIS
The subject site is part of the Lotus
Lake Estates Development, which is a
riparian outlot for the exclusive use
by the Lotus Lake Estates
Homeowners Association.
The Lotus Lake Homeowners
E%HCOST n
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.i
ow to F rb —
Lot 31
Lot 32
Lot 33
t
Lot 34
C
Lot 35
Lot 9
Lot 8
Association is very active in
maintaining the beachlot and complying with the outlined conditions of the CUP. The Association
has been working with staff to install additional plantings to eliminate erosion along the slope and
restore areas of buckthorn removal (depicted with X's on schematic above). The HOA has clearly
acted in a manner consistent with the intent of the original CUP and in a manner displaying good
stewardship of Lotus Lake.
0
Lotus Lake Estates Beachlot CUP
October 6, 2009
Page 4 of 5
Compliance Table:
Ordinance
Existing
Lake Frontage
200'
1,058'
Site area
30,000 sq ft for first dock,
100,188 sq ft
20,000 sq ft for each additional dock
Camping
Not permitted
Not permitted
Boat launch
Not permitted
Not permitted
Overnight Mooring
< 3 motor or non -motorized water craft
Not more than nine (9) boats,
motorized or non -motorized, may be
docked overnight at the docks
Docks (number)
Max 3 docks
3 docks
200' of shoreline/dock
Dock size
• shall not exceed 6 feet in width
shall not to exceed the greater of fifty
• shall not exceed the greater of 50 feet or
(50) feet in length or that number of
the minimum straight-line distance
lineal feet necessary to reach a water
necessary to reach a water depth of four
depth of four (4) feet;
feet
• The width (but not the length) of the
At the option of the Association, the
cross -bar of any "T" or "U' shaped dock
final ten (10) feet of any dock may
shall be included in the computation of
consist of a ten -foot by ten -foot (10' x
length described in the preceding
10) square platform
sentence. The crossbar of any such dock
shall not measure in excess of 25 feet in
length
Sailboat Mooring
No sailboat mooring shall be permitted on
4 approved amended and restated
any recreational beachlot unless it has at
CUP 1986
least 200 feet of lake frontage. No more than
one sailboat mooring shall be allowed for
every 200 feet of lake frontage.
Canoe/Kayak/Sailboat
4 racks with no more than 6 storage units
4 racks with 6 storage units
Rack
perrack
Swimming Area
swimming areas are clearly delineated with
One sand blanket swim area marked
marker buoys which conform to the United
with a minimum of three anchored
States Coast Guard standards
"swim area' buoys that are in
accordance with the Uniform
Waterway marking System
Sand Blanket
Yes
Yes
When the Conditional Use Permit was originally approved, there was an expiration date of July 21,
2010 listed. Conditional Use Permits (CUP) run with the land and are an indefinite permit until
revocation is requested by either the property owner or by the City. Therefore, staff is
recommending removal of the expiration date listed in the CUP.
The CUP permits `one conversation pit -fire hole, three (3) feet in diameter with a six-foot (6')
apron constructed of brick or masonry material, to be located landward of the walkway and not
further north than the northerly line of Lot 32, Block 1, Lotus Lake Estates, extended
northwesterly.,,
Lotus Lake Estates Beachlot CUP
October 6, 2009
Page 5 of 5
It is not possible to
locate the fire pit
landward of the
walkway due to the
sloping topography of
the site at the east edge
of the walkway, as well
as the heavy vegetation.
There is not an area
landward of the path that
would accommodate the
fire pit described in the
CUP.
The Association has
installed a 4' x 4' (16
square foot) masonry
fire pit located on the
northern edge of the
sand blanket.
Staff is proposing to amend the peen fitted dimensions of the fire pit to 4' x 4' (16 square feet) and
amend the location of the fire pit to the northern edge of the sand blanket.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion:
"The Chanhassen Planning Commission recommends the City Council approve the amended and
restated Conditional Use Permit 79-6 for the Lotus Lake Estates Beachlot property located on
Outlot B, Lotus Lake Estates, Planning Case #09-16, subject to the following condition and
adoption of the Findings of Fact and Recommendation:
1. Outlot B must comply with conditions of the Amended and Restated CUP 79-6."
ATTACHMENTS
1. Findings of Fact and Recommendation.
2. Development Review Application.
3. Exhibit A --Site layout.
4. Public Hearing Notice and Affidavit of Mailing List.
5. Amended and Restated CUP 79-6.
gAplan\2009 planning cases\09-16 lows lake estates cup\staff report lotus lake estates beachlot.doc
Lotus Lake Estates Homeowners Association
Conditional Use Permit Renewal
Our neighborhood is requesting a permanent Conditional Use Permit
for our beach outlot.
Our neighborhood consists of 44 homes, with approximately 1/3 of
the families longtime residents (20+ years) and 1/3 newer residents with
young children.
We have diverse occupations and interests but we are united by our
enjoyment of the natural setting and the lake.
We are currently redoing our front entrance at our expense to upgrade
the entrance to our neighborhood.
We have been working with and attending meetings of the Watershed
District and the Lotus Lake Clean Water Organization (about 95% are
members) to better educate ourselves on how to help improve the water
quality of Lotus Lake. We want to do what we can to help.
We have worked at improving our beach outlot by:
Cutting and pulling buckthorn
Replanting with native shrubs
Mitigating erosion by planting native plants and grasses on slopes
Discussing and planning for raingardens to reduce runoff
We have had lots of neighborhood involvement in planting, donating plants
and materials, and in keeping the area clean. We have earmarked portions of our
association dues for these efforts and hope to expand our planting program next
year. We wish to keep the area as natural as possible while enhancing our
enjoyment of the lake.
We are grateful to Jill Sinclair and Terry Jeffrey for their advice and time in
helping us continue our improvement efforts.
We respectfully request the permanent renewal of our CUP so we may
continue our stewardship of the outlot.
October. 2009
SCANNEO
CITY OF CHANHASSEN
P O BOX 147
CHANHASSEN MN 55317
09/29/2009 10:02 AM
Receipt No. 0111124
CLERK: bethany
PAYEE: LOTUS LAKE HOMEOWNERS
PO BOX 63
CHANHASSEN MN 55317
Planning Case 09-16
---------------- ------------------
GIS List 165.00
Total
Cash
Check 1788
Change
165.00
0.00
165.00
0.00
SCANNED
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
aff of (952) 227-1100
To: Lois Anderson, President
Lotus Lake Estates Homeowners Association
PO Box 63
Chanhassen, MN 55317
Invoice
SALESPERSON DATE TERMS
KTM 9/24/09 upon receipt
QUANTITY
DESCRIPTION
UNIT PRICE
AMOUNT
55
Property Owners List within 500' of Outlot B, Lotus Lake Estates
(55 labels)
$3.00
$165.00
TOTAL DUE
$165.00
NOTE: This invoice is in accordance with the Development Review Application submitted to the City by the
Addressee shown above (copy attached) and must be paid prior to the public hearing scheduled for October 6,
2009.
Make all checks payable to: City of Chanhassen
Please write the following code on your check: Planning Case #09-16.
If you have any questions concerning this invoice, call: (952)-227-1107.
THANK YOU FOR YOUR BUSINESSI
SCANNED
Affidavit of Publication
CITY OF CHANHASSEN Southwest Newspapers
CARVER & HENNEPIN
COUNTIES
NOTICE OF PUBLIC HEARING State of Minnesota)
PLANNING CASE NO. 09-16
NOTICE IS HEREBY GIVEN )SS.
that the Chanhassen Planning County of Carver )
Commission will hold a nnhlic
in Chanhassen City Hall, 7700
Market Blvd. The purpose of this
hewing is to consider a request for
Laurie A. Hartmann, beingduly sworn, on oath says that she is the publisher or the authorized
y y
Renewal of Conditional Use Permit
agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil-
for Lotus Lake Estates Beachlot on
lager and has full knowledge of the facts herein stated as follows:
property zoned Single -Family
Residential (RSF) and located on
(A) These newspapers have complied with the requirements constituting qualification as a legal
Outlot B, Lotus Lake Estates.
Applicant: Lotus Lake Estates
newspaper, as provided by Minnesota Statute 331A.02, 331 A.07, and other applicable laws, as
Homeowners Association.
amended.
A plan showing the location the
(�
(B) The notice that is attached to this Affidavit and identified as No. ` d J O
Proposal ta available for public
is
printed public
review on the City's web site at
Cty'
was published on the date or dates and in the newspaper stated in the attached Notice and said
P sP Per
www ci ch h s / rv/
Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
plan 09-16 h 1 or at City Hall
the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
during regular business hours.
inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
All interested persons are invited
and publication of the Notice:
to attend this public hearing and
express their opinions with
abcdefghijkhnnopgrstuvwxyz
respect to this proposal
/
Angie Kairies, Planner I
1/A/
Phone: 952-227-1132 Laurie A. Hartmann
(Published in the Chanhassen
Villager on Thursday. September
24, 2009; No. 42510
Subscribed and sworn before me on
this ,� 4 '*h day of 009
On
JYMME J. BARK
NOTARY PUBLIC - MINNESOTA
My Commission Expires 01/31/2013
No lic
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch
Maximum rate allowed by law for the above matter ................................ $31.20 per column inch
Rate actually charged for the above matter .............................................. $12.43 per column inch
SCANNED
•
n9-Is.
CITY OF CHANHASSEN
CARVER & HENNEPIN COUNTIES
NOTICE OF PUBLIC HEARING
PLANNING CASE NO.09-16
NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a
public hearing on Tuesday, October 6, 2009, at 7:00 p.m. in the Council Chambers in
Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for
Renewal of Conditional Use Permit for Lotus Lake Estates Beachlot on property zoned Single -
Family Residential (RSF) and located on Outlot B, Lotus Lake Estates. Applicant: Lotus Lake
Estates Homeowners Association.
A plan showing the location of the proposal is available for public review on the City's web
site at www.ci.chanhassen.mn.gs/serv/plan/09-16.htm1 or at City Hall during regular business
hours. All interested persons are invited to attend this public hearing and express their opinions
with respect to this proposal.
Angie Kairies, Planner I
Email: akairies@ci.chanhassen.mn.us
Phone: 952-227-1132
(Publish in the Chanhassen Villager on September 24, 2009)
SCANNED
0 0
Lotus Lake Estates Beachlot
Conditional Use Permit
Public Hearing Notification Area (500+ feet)
Planning Case 09-16
Lh
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Lotus Lake
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Memorandum
CITY OF
CIIANNSENTo:
Angie Kairies, Planner 1
7700 Market Boulevard
From: Terry Jeffery, Water Resources Coordinator �L{
PO Box 147
Date: Sept. 10, 2009 (/
Chanhassen, MN 55317
RE: Lotus Lake Estates CUP Renewal (09-16)
Adminisbatim
Phone: 952.227.1100
Fax:952.227.1110 I have reviewed the submitted application. Based upon inspection of the site and
interactions with the HOA I recommend approval of the CUP renewal. The HOA has
Buildinglrrspections clearly acted in a manner consistent with the intent of the original CUP and in a
Phone:952227.1180 manner displaying good stewardship of Lotus Lake.
Fax: 952.227.1190
I have no further comments. Should you have any questions, feel free to contact
�9�ng you.
me at extension 1168. Thank
Phone: 952.227.1160 y
Fax: 952.227,1170
Finance
Phone:952.227.1140
Fax: 952.227.1110
Park ti Reixmtion
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Couher Boulevard
Phone: 952,227.1400
Fax: 952.227.1404
Planning 8
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
N& Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
serdorCeow
Phone: 952.227.1125
Fax:952.227.1110
web site
www.ci.danhassen.mn.us
Chadrassen Is a Cmmmdq for life - Providing taT* and Planning for Tomorrow
SCANNED
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
Uff OF (952) 227-1100
Date: September 10, 2009
To: Development Plan Referral Agencies
From: Planning Department
Review Response Deadline: September 25, 2009
By: Angie Kairies, Planner I (952-227-1132)
akairies(a)ci.chanhassen.mn.us
Subject: Request for Renewal of Conditional Use Permit for Lotus Lake Estates Beachlot on property zoned
Single Family Residential (RSF) and located on Outlot B, Lotus Lake Estates.
Applicant: Lotus Lake Estates Homeowners Association.
Planning Case: 09-16 PID: 25-4200461
The above described application for approval of a land development proposal was filed with the Chanhassen Planning
Department on September 3, 2009. The 60-day review period ends November 2, 2009.
In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would
appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and
proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites,
street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written
report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City
Council.
This application is scheduled for consideration by the Chanhassen Planning Commission on October 6, 2009 at 7:00 p.m. in
the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than September
25, 2009. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is
greatly appreciated.
City Departments:
a. City Engineer
b. City Attorney
c. City Park Director
d. Fire Marshal
e. Building Official
E Water Resources Coordinator
g. Forester
2. Carver Soil & Water Conservation District
3. MN Dept. of Transportation
4. MN Dept. of Natural Resources —Jack
Gleason
5. U.S. Army Corps of Engineers
7. Carver County
a. Engineer
b. Environmental Services
8. Watershed District Engineer
a. Riley -Purgatory -Bluff Creek
b. Lower Minnesota River
c. Minnehaha Creek
9. Telephone Company (Qwest or Sprmt(Umted)
10. Electric Company (Xcel Energy or MN Valley)
11. Mediacom
12. CenterPoint Energy Mmnegasco
6. U.S. Fish & Wildlife SCANNED
PEN 254200461
MAN
k 2>)OO,Gews.tlwmtq,
Legend Panellnjormation
Caner Pards Property Address: Taxpayer information:
NOT ON FILE LOTUS LAKE HOMEOWNERS ASSN
US Xe� PO BOX 63
Yx xgnw„ CHANHASSEN , MN 55317
Panel Properties
ConryAo+fi
tmagAx+x. GISAcres: 1.82741922
Homestead: N
�✓ tgAua School District: 0276
'A/ hw R.
arCC! I.00Qhan
LrYtf
Section: 01 Plat Information:
Panels Towaship: 116 LOTUS LAKE ESTATES
cow 2001 Range: 023 P/O OUTLOT B WHICH LIES SLY OF
Payable Year 2010 Sale Information
Lau Sale NOT ON FILE
Est Market Value Land: $0
Est Market Value Baffling: s0
Map Created: 9-10-2009 Est Market Value Total: SO
CARVER COUNTY GIS DISCLABHER: This map was created using Carver County's Geographic Information Systems (GIS), it is a compilation
of information and data from various CityCounty State, and Federal offices. Tbis map is not a surveyed or legally recorded map and is intended to be
used as a reference. Carver County is not responsible for any inaccuracies contained herein.
SCANNED
CITY OF CHANHASSEN
P O BOX 147
CHANHASSEN MN 553
09/10/2009 12:50 PM
Receipt No. 0109140
CLERK: katie
Lotus Lake Estates
Planning Case 09-16
-------------------------------------------------------
Sign Rent 200.00
Recording Fees 50.00
Total
Cash
Check 1786
Change
250.00
0.00
250.00
0.00
SCANNED
LOTUS LAKE ESTATES BEACHLOT CUP - PLANNING CASE 09-16
$200 Notification Sign
$50 Recording Escrow
$250 TOTAL
$250 Less Check No. 1786 from Lotus Lake Estates HOA
$0 BALANCE DUE
SCAWNL❑
CITY OF CHANHASSEN
RESTATED CONDITIONAL USE PERMIT
BEACHLOT - LOTUS LAKE ESTATES
This restated conditional use permit and agreement made
and entered into this 7th day of July, 1986, by Lotus Lake
Estates Homeowners Association (hereinafter the "Association"),
and the City of Chanhassen, a Minnesota municipal corporation
(hereinafter referred to as the "City");
WITNESSETH: That the City, in exercise of its powers
pursuant to M.S. §462.357, and other applicable state law, and
514 of the Chanhassen Zoning Ordinance, hereby grants to the
Association herein a restated conditional use permit to maintain
and operate a private neighborhood association recreational area
upon Outlot B, Lotus Lake Estates, Carver County, Minnesota
(hereinafter the "Subject -Property"), subject to the following
terms and conditions, all of which shall be strictly complied
with as being necessary for the protection of the public
interest.
SECTION 1. RECITALS.
1.01. Prior Platting of Lotus Lake Estates. BT Land
Company (hereinafter "BT") has previously platted tract of land
in the City as Lotus Lake Estates, consisting of 44 residential
lots and 3 outlots.
1.02. Outlot B. In connection with the platting of said
Lotus Lake Estates, BT entered into a development contract with
the City of Chanhassen, dated January 5, 1979, wherein BT agreed
to organize a homeowners association for the purpose of owning
and operating the Subject Property for the benefit of the owners
of properties lying within said plat. Section 28 of said develop-
ment contract provided that BT suffer no alterations of the
Subject Property except after first having obtained a permit from
the City setting forth a plan for the alteration and development
of the Subject Property.
Said Section 28 also provides that, for purposes of
said development contract, said permit would be deemed to be a
conditional use permit and that the application process and pro-
cedure would be as set forth in Section 23 of the Chanhassen
Zoning Ordinance, which sets forth the application procedure for
actual conditional use permits.
1.03. Homeowners Association. BT incorporated the
Association for the purpose of acquiring and maintaining certain
common properties including the Subject Property for the benefit
of the owners of lots in the plat of Lotus Lake Estates.
SCANNED
1.04. March 10, 1981 Conditional Use Permit. Upon appli-
cation of BT, the Chanhassen City Council on July 21, 1980,
approved the issuance of a permit for the alteration of the
Subject Property. Said permit, entitled "Conditional Use Permit
Beachlot - Lotus Lake Estates", was executed by BT and the
Association on March 10, 1981.
1.05. June 1, 1981 Application for Amendment of .permit.
On June 1, 1981, the Association, with the knowledge and consent
of BT, filed with the City an application for amendment of the
March 10, 1981 Conditional Use Permit, requesting City approval
of further development of the Subject Property.
1.06. City Council Approval. On August 12, 1981, the
City's Planning Commission held a public hearing on said June 1,
1981, application and approved issuance of a revised permit
authorizing further development of the Subject Property.
1.07. April 22, 1982 Conditional Use Permit. The above
described March 10, 1981 Conditional Use Permit was superceded by
the Conditional Use Permit executed on April 22, 1982.
1.08. July 18, 1984 Application for Amendment of Permi
On July 18, 1984, the Association filed with the City an appli
cation for amendment of the Restated Conditional Use Permit
requesting City approval of further development of the Subject
Property.
1.09. City Council Approval. On August 8, 1984, the
City's Planning Commission held a public hearing on said July 18,
1984 application. On August 20, 1984, the City's Board of
Adjustments and Appeals held a public hearing and approved a
variance to allow four sailboat moorings. The City Council, by
its motion of November 19, 1984, approved issuance of a revised
permit authorizing the installation of said moorings.
1.10. May, 1986 Application for Amendment of Permit. The
City of Chanhassen initiated a Conditional Use Permit Amendment
application requesting further development of the Subject
Property.
1.11. City Council Approval. On May 28, 1986, the City's
Planning Commission held a public hearing on the amendment appli-
cation. On July 7, 1986, the City Council approved the issuance
of a revised permit authorizing further development of the
Subject Property.
SECTION 2. SPECIAL CONDITIONS.
2.01. Permit Not Transferable. This permit is personal
�to the Association, and is not assignable or transferable, except
upon the written consent of the City.
-2-
S/ 2.02. Rights Under This Permit Not Expandable to Other
Owners. This permit is issued for the benefit of the owners of
the 44 lots in Lotus Lake Estates. The Association agrees that
the use and enjoyment of the Subject Property shall be limited to
the owners of lots in Lotus Lake Estates. The use and enjoyment
of the Subject Property may not extend to persons other than such
owners. The term "owners" as utilized in this §2.02 shall mean
and refer to any natural person who is either (a) the record
owner of fee simple interest, or (b) the recorder owner of a
contract for deed vendee's interest, or (c) the holder of any
possessory leasehold interest, in the whole of any lot in Lotus
Lake Estates, including authorized guests and family members of
any such persons.
2.03. _Description of Property Subject To This Permit.
The premises subject to the within conditional use permit are
described as follows:
Outlot B, Lotus Lake Estates, according to the map
or plat thereof on file and of record in the Office
of the County Recorder, in and for Carver County,
Minnesota.
2.04. Certain Site Alterations Authorized. The
Association is hereby authorized to install the following
r improvements on the Subject Property:
a. One sand blanket swim area, as shown on the revised
plan, Exhibit A, dated June 25, 1986, said swim area to
be marked with a minimum of three anchored "swim area"
buoys that are in accordance with the Uniform Waterway
Marking System; said buoys to be anchored a reasonable
distance from shore; and
b. a pedestrian walkway connecting Choctaw Circle with the
sand blanket swim area; said walkway to consist of wood
chips installed on a sand base with boardwalk steps on
the steep slope area of the walkway; and
C. four boat racks to be located on land with a storage
capacity of either six canoes or six small sail boats
per rack; and
�d. Three docks, not to exceed the greater of fifty (50) feet
in length or that number of lineal feet necessary to
reach a water depth of four (4) feet; at the option of
the Association, the final ten (10) feet of any dock
may consist of a ten foot by ten foot (10, x 10') square
platform; and
e. One ten foot by ten foot swimming raft, to be located in
J water having a minimum depth of seven (7) feet, not more
than one hundred (100) feet from the nearest lake shore-
line; said raft shall project a minimum of one (1) foot
but not more than five (5) feet above the lake surface,
and the corner of said raft shall be reflectorized; and
-3-
f. one conversation pit -fire hole, three (3) feet in
diameter with a six (6) foot apron constructed of brick
or masonry material, to be located landward of the walk-
way and no further north than the northerly line of Lot
32, Block 1, Lotus Lake Estates, extended northwesterly;
and
A g. Four sailboat moorings, to be located in the manner
depicted on the site plan stamped "Received June 25,
1986".
Except as provided in this permit, no portion of the
Subject Property may be developed, altered, or disturbed in any way.
'3.05. Trees. In carrying out the above described altera-
tions, the Association agrees to use every effort to keep tree
loss at an absolute minimum.
2.06. Reserved.
2.07. Erosion Control. The Association, at its expense,
shall provide temporary dams, earthwork or such other devices and
practices, including seeding of graded areas, as shall be needed,
in the judgement of the City Engineers, to prevent the washing,
flooding, sedimentation and erosion of lands and roads within and
outside the Subject Property during all phases of construction.
BT and the Association shall keep all public streets free of all
dirt and debris resulting from construction upon the Subject
Property.
2.08. Certain Structures Prohibited. Except for the
alterations described in Section 2.04 above, no structure, pier,
boat rack, mooring buoy, or swimming platform shall be
constructed, erected, or maintained on the Subject Property or in
the waters abutting the Subject Property.
2.09. Camping Prohibited. No owner, as defined in
Section 2.02 hereinabove, or other person shall camp overnight on
�J the Subject Property.
2.10. Motor Vehicle Parking and Boat Storage. No
\k watercraft shall be parked or stored overnight or on a permanent
basis on the Subject Property, except as follows:
a. not more than twenty-four canoes or small sail boats may
be so stored overnight in the four boat racks described
in Section 2.04 of this permit; and
b. not more than nine boats, motorized or non -motorized,
may be docked overnight at the docks described in Section
2.04 of this permit.
C. not more than four sailboats at the mooring described
in Section 2.04(g) of this permit.
-4-
•
Except for construction equipment necessary for the exe-
cution of the plan and 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
Propert . Nothing in the preceding three sentences shall be
deemed to prohibit the launching of any watercraft from the
Subject Property if accomplished without the assistance of any
motor vehicle or trailer or wheeled dolly upon the Subject
Property.
SECTION 3. MUNICIPAL DISCLAIMERS.
3.01. No Liability to Suppliers of Labor or Material. It
is understood and agreed that the City, the City Council and the
agents and employees of the City shall not be personally liable
or responsible in any manner to the Association, its contractors,
or subcontractors, materialmen, laborers, or to any other person,
firm or corporation whomsoever, for any debt, claim, demand,
damages, actions or causes of action of any kind or character
arising out of or by reason of the execution of this permit and
agreement or the performance and completion of the work and
improvements hereunder and the Association will save the City,
the City Council, and the agents and employees of the City
harmless from any and all claims, damages, demands, actions or
causes of action arising therefrom and the costs, disbursements,
and expenses of defending the same.
3.02. Written Work Orders. The Association shall do no
work nor furnish materials, whether covered or not covered by the
plan, for which reimbursement is expected from the City unless a
written order for such work or materials is received from the
City. Any such work or materials which may be done or furnished
by the Association without such written order first being given
shall be at its own risk, cost and expense, and the Association
hereby agrees that without such written order, it will make no
claim for compensation for work or materials so done or fur-
nished.
SECTION 4. MISCELLANEOUS.
4.01. Severability. In the event any provisions of this
permit shall be held invalid, illegal, or unenforceable by any
court or competent jurisdiction, such holding shall not invali-
date or render unenforceable any other provision hereof, and the
remaining provisions shall not in any way be affected or impaired
thereby.
4.02. Execution of Counterparts. This permit may be
Vsimultaneously 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_�f sections
and paragraphs hereof are for convenience of reference, and shall
not be considered a part of the text of this contract, and shall
not influence its construction.
4.04. Proof of Title. Upon request, the Association
t`\,shall furnish the City with evidence satisfactory to the City
V that it has acquired fee title to the Subject Property.
4.05. Notices. All notices, certificates and other com-
munications hereunder shall be sufficiently given and shall be
deemed given when mailed by certified mail, return receipt
requested, postage prepaid, with property address as indicated
below. The City and the Association, by written notice given by
one to the other, may designate any address or addresses, to
which notices, certificates or other communications to them shall
be sent when required as contemplated by this permit. Unless
otherwise provided by the respective parties, all notices, cer-
tificates, and communications to each of them shall be addressed
as follows:
To the City: City of Chanhassen
City Hall
690 Coulter Drive
Chanhassen, MN 55317
Attn: City Manger
To the Association: Lotus Lake Estates Homeowners Assoc.
Attn: President
P.O. Box 63
Chanhassen, MN 55317
4.06. Owners to be Notified of This Permit. The
Association shall furnish each owner, as that term is defined in
Section 2.02 above, with a copy of this permit within thirty (30)
days of the signing of this permit and shall furnish each future
owner, as that term is defined in Section 2.02 above, with a
copy of this permit, within thirty (30) days of any such owner's
initial occupancy of any residential structure in Lotus Lake
Estates.
4.07. Term of This Permit. This permit shall expire on
July 21, 2010.
SECTION 5. ENFORCEMENT PROVISIONS.
5.01. Reimbursement of Costs. The Association shall
reimbure the City for all costs, including reasonable engi-
neering, legal, planning and administrative expenses incurred by
the City in connection with all matters relating to the admi-
nistration and enforcement of the within permit and the perfor-
mance thereby by the Association. Such reimbursement shall be
made within fourteen (14) days of the date of mailing of the
City's notice of costs as provided in Section 4.05 above.
This reimbursement obligation of the Association under this sec-
tion shall be a continuing obligation throughout the term of this
permit.
Q5.02. Remedies Upon Default.
�a. Assessments. In the event the Association shall default
in the performance of any of the covenants and
agreements herein contained, and such default shall not
have been cured within ten (10) days after receipt the
Association of written notice thereof, the City, if it
so elects, may cause any of the improvements described
in the plan to be constructed and installed or may take
action to cure such default and may cause the entire
cost thereof, including all reasonable engineering,
legal and administrative expense incurred by the City,
to be recovered as special assessment under M.S. Chapter
429, in which case the Association agrees to pay the
entire amount of the assessment roll pertaining to any
such improvement within thirty (30) days after its adop-
tion. The Association further agrees that in the event
of its failure to pay in full any such special
assessment within the time prescribed herein, the City
shall have a specific lien on the Subject Property for
any amount so unpaid, and the city shall have the right
to foreclose said lien in the manner prescribed for the
foreclosure of mechanic's lien under the laws of the
State of Minnesota. In the event of an emergency, as
determined by the City Engineers, the notice require-
ments to the Association shall be and hereby are waived
in their entirety, and the Association shall reimburse
the City for any expense incurred by the City in
remedying the conditions creating 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
property, to restrain or abate violations of the within
permit, or to prevent use or occupancy of the Subject
Property.
IN WITNESS WHEREOF, the parties her to have caused these
presents to be executed on the.S" day of �'D yepgr Z /?%
LOTUS LAKE ESTATES HOMEOWNERS
ASSOCIATION
By lJfi�CJ'\
I is
And
Its L/_ ,c
-7-
CITY OF CHANHASSEN
By � c
It Ma or
Attest
City C erk/Manager
STATE OF MINNESOTA)
ss
COUNTY OF )
On this _W-' day of KjUgeC143tN(' , before me, a notary
public, within and for said county, personally appeared
Garr A, bje(e_h and Ter extce- ✓• 0'43r(e.ti to
me pers nally know, who, being each by me duly sworn did say that
they are respectively the President an Vice -President of Lotus
Lake Estates Homeowners Association and that said instrument was
signed on r behalf of said authority of its Board of Directors, and
said ' r' A W Cs.It(. and %erearn_ ✓ 'D brie.,
acknowledge said instrument -to be the free a and deed of said
corporation.
•w++�Popp -
RICK D. MURRAV
y�, a NOTARY PUBLIC — M100JEWIA
CARVER COUNTY Notary Public
MY CommhdoR FIPMW A141. 14, ""
STATE OF MINNESOTA)
) ss
COUNTY OF CARVER )
On this /h'l_*� day of _ �i� -, ' �.' 1966, before me,
a notary public, within and for the county, personally appeared
Thomas L. Hamilton and Don W. Ashworth, to me personally known,
who, being each by me duly sworn did say that they are respec-
tively the Mayor and the City Manager of the municipal cor-
poration named in the foregoing instrument, and that the seal
affixed to said instrument is the municipal corporate seal of
said municipality, and that said instrument was signed and sealed
in behalf of said municipal corporation by authority of its City
Council and said Thomas L. Hamilton and Don W. Ashworth
acknowledged said instrument to be the free act and deed of said
municipal corporation.
-v1
KAREN J. ENGELHARDT O dry ublic
NOTARY PUBLIC . MINNEBOTA
CARVER COUNTY
MY amw1wlnn aww" so.*41
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BENCHMARK: fhetopnutofohydiont
of the NECarnerat Lafus View Drive
8eing6 feet in widen, unless
East and Sandy HooR Rand and
otherwise indicated and od-
Highwoy Na./a/; Elevation a 929.22 leaf
joining, lot lines, and/D feet in
width and adjoining street
The elevotion of LotusLohe as of
Ilnes, unless otherwise indicot or
Sepfembe , /, /97B a 895.97 feet
on the plot
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COMBS - KNUTSON
ENGINEERS AND
Mow ALL MEN By THESE PRESENTS: That Char -Lynn fwhmtioq a Minnesota meeB non-profit corporation, fee per. am -T Lad Company,
Minnesota corporation, contract purchaser, of the following described property situated in the State of Minnesota, County of Carver to wit:
Me
t Mort of Wveriuent Lots 1 am 2, Section I, Township 116, Range 23, described as follows
Commencing e ns
ng a[ the southeast Cot er of said Government Lot 1; thence o a assumed hearing of North along the east line of said Government
Lot I A distance of 205.00 fee[ to the point of beginning of the lamtoHedescribed; thence continue on a Wring of North along the
east line of said government Lot I a distance of 430.0 feet; Nance North 67 degrees 43 minutes k1ki 251.80 feet; thence on a Wring
of North, 129.51 feet; thence en a Wring of East, 233.00 feet to the east line of said Government Lot 1; thence on a Wring of North
a1w9 the east Iime of said Government Lots I am 2 a distance 9f 1747.77 feet to a point 27.20 feel south of the Northeast corner of
aid Government Lot 2; thence de A bearing of North 89 degrees 55 minutes W :cods Nest to the vest line of said Goverment Lot 2;
[hence southerly along the Most line of Government Lot 2 to the Moeer's edge of Lotus Lake; thence Southeasterly along said waver's
edge of Lotus Lake to the intersection with a line which bears North 69 degrees 00 minutes Nest fr. the point of beginning; Chosen
on a hearing of South 69 degrees N minutes East to the point of beginning.
Except that part described as follows:
Cementing at the southeast corer of said Goverment Lot I; thence on an assumed Wring of North along the east line of said Govermnt
Let 1 A distance of 205.00 feet f0 the Point of be9lnnin9 of the land to he described; thence continue on a Wring of North along the
east line of said Give b degrees 4 minutes Nest z 1-M feet; thence w a Wrinn
Government Lot i a elegance of minutes
feet thence Istth 6) degr 3 isut 5 _
of North, 65.00 t;feet; menne hearth de degrees 17 u32 se seconds t, 11 203. fe feet; thea< North de degrees 25 minutes 13 seconds
Nest, 1feet; fceq theme Notts re degrees R6 minutes17se on seconds Wes[, 1sinre fat; thence South 87 degrees he minutes OB moods Nest,
to the feet; them South 77 degrees 22 minutes q greeds WNext.as,
to the point
afro of Lotus Lake; twee xweherfy along sold a let
to the intersection with a IIm bearing North 69 degrees Nes[ from the polo[ of beginning; Hence South 69 degtas Fast to the polo[
Of Beginning.
Md that Beverly G. Scott, a single person, fee owner, and BIT Land Company, a Minnesota corporation, contract purchaser, of the
following described property situated in the State of Nlnnesota, County of Carver to wit:
Met part of the Southeast Quarter of the Northeast Quarter of Section I, Township 116 North, Range 23 Wsr. described as follows:
er distant N 1.0 feet south of the
Northeast at a rift ai the thet tam of said Southeast astQuarterQua to the Northeast Apart 5
Southeast corer of said Southeast Quarter of the Northeast Quarter; thence Nest, arterlof when the SorN lira of said
Southeast Quarter Meet
the Northeast Quarter„ to she west line of said Southeast Quarter of the Northeast Quarter; eheae
South sold
said west 11ne feet feet; Nente East parallel XCEM1 the first mentimd line de said east ctne; them North
along said east tiro 565.0 fee[ to the ring to Beginning; EXCEPT therefrom the following described tract: rthlnning at a
tint on the east Quarter
of said e NoWZI Quarter of theaWe.,Northeast Quarter digest 0.0q feet;
swtM1 of the wrright corner
of said et; gust Quarter of she angles 26 .05 fact thence Nest of I,ht-;t angles 260.05 feet; d Box South at right angles
n .0 feet to the
M1ence Norte al said ems II a 375
335.0 free; Hence East at right angles 260.05 fee[ to said east Iine; b oh9 z
tint Of beginning. ALSO
That part of the Southeast Quarter of the Northeast Quarter am that part of 6overmnt Lot 2. Section 1, Township 116 North, Range
23 Was, described as follows:
a t Quarter distant 1016-W feet south of the
Beginning de a eft an the east line of sale Southeast carer to one Northeast
ncehez Q Q 9 pug point
northeast corner he said Sou[Wa[ Quarter he the Northeast Quarter; thence arse, parallel Northeast
Use uarte ; th of said South-
east Quarter of the Northeast Quarter, to tie oMostf
Ilse of said Southeast Quarter of [Lo Northeast Quarter; twee mute
along the h 89 line es said Sw2Wst Quarter of nt n the
Quarter and Goverment Lot 2 to the Intersection with a line
dawn Norte 09 r of said
55 minutes Vest from i rent on the east Is 5 of said Section 1 distant last
de fee[ south of the
northeastofs corner of said Govermna Lot 2; eWco South 89 degrees t5 minutes sEasttar along the lase described Jim to the east
line of said Section 1; [Wee on a Wring re s o1i altar said east line a distance of 27.20 feet co The northeast corner
o she ant of beginning -
EXCEPT of said Government Lot 2; tl'eae North 0 degrees 06 fhnu[nz 47 seconds Nest along said nag[ Ilro t pea
therefrom the south 250.O0 fat of the east 260.05 feet, all in carver County. Ninnemta.
rave caused the same to be surveyed and platted as LOTUS LAKE ESTATES am on hereby doroca and dWieate to the public for public use forever
the Highway and Circles, am do hereby grant to the City of Chanhassen the utility and dralm, eomntz as Showed an the Plat.
In witness whoreef said Char -Lynn Foundation, a Minnesota non-profit nation, has d these presents to he signed by its proper officer
and Its corporate seal to he hereunto affixed this1_11 day of , 19 add id B-T Land moony, a Minnesota Corporation,
has caused these presents to be aIgood by Its properffi this cot day of . 191 and said Rover I G. Scott, a single
person, has Hereunto set bar naM.this _ day ofj�IgIgli_. 15-M
SIGNED: �. SIGNED:
CNN-L•Y•NCW�X FOUNDATION /j 8-T ,LWRDJCMPAAW R '////yyy/e_.j/�
RY: Ctaaw�aan BT:'(N.�/�{ IJ a �AA. /' _ _
Lynn Char son, its Pr<s dent Vi�st, 1Ea President
SIGNED:
BEVERLY G.
BY: ezvde-�
STATE OF MINNESOTA
COUXTy of EARVER Y
Th. fol.,xi instrument w eme acknowledged befbr thist"A day .47A."A 19.f _ by Lynn L. Charlsen, President of Char -Lynn
one-profitFoundation, a Minnesota one -profit corporation, on behalf of the oorrncim.
A�duAa.Q S7• �B.�L
® wm mflANC Notary Public, Minnesota
,p,ar eNmmc_,,,,gptA My Cesisgion F'gires rh a K)tf
�A
STATE OF nCARVERTA 9aaN
COUNTY OF [PRYER
The foregoing Instrument was acknowledged before we this Z day of s141ii�, 197t by William B. VanXese, President of 0-T Land Company,
a Minnesota corporation, on behalf of the corporation. a
utar'T'e �LJ/t
G-014 0+cs;ao ".~
rvtpa serYwa Notary rup"d. g* enmt Nideeze[a
1 trlsgat,�Pnio�Rev x My commission E,,I.e Yam 2 11f<_„^� 4
STATE OF MINNESOTA
COUNTY Of x6xNEPINx6Plx _` �r���-�. 1
The foreWi n9 Instrument was acknowledged before me thi.4 ail day of f, 19LN by Beverly G. Scott• a single parade.
®WAND N fRAI« e7 Covers.oNr
asap esiy PWI Cntr. N, sou
ASSOCIATES, INC. .�.-� meremen Mr ep�igg�m,' "�` a�gt,�FO
e U R V E Y 0 k S
SHEET I OF 2 SHEETS
TO. Lotus Lakes Estate Beachlot File
Cla Angie Auseth, Planner 1
CITYOF FFUM Terry Jeffery, Water RmurcesCoordinator
CNA NSEN CATE February 24, 2009
T700 Market Boulevard
Peox n,MN 55317 Inspection o
Chanhassen, MN FE In ctif CiJPCom Nance
p
Adrnioistra0on
Phone: 952.227:100
Fax 952,227.1110
Can December 3, 2008 Terry Jeffery, Water f asources Coordinator with the City of
Building Inspections
Chanhassen and Jill Sinclair. Natural 1`4�-source $xedalist with the City of Chanhassen
PFax 9522.27.1190
Fax 952.227.1190
inspected the Lotus Lake Estates Beachlot. The inspection was prompted by the
associations desire to provide adequate stewardship to the property to avoid
Engineering
erosion and subsequent sediment deposition issuesthalt might adversely affect
Phone: 952,227.1160
water quaiity. It was also their desire to manage some of the invasive spedesthat
Fax:952,227.1170
are present on the property.
Finance
Phone, 952.227.1140
Fax:952227.1110
Park It Recreation
Phone: 952227,1120
FaC 952227.1110
Beaealion Center
2310 Coulter Boulevard
Phone: 952227.1400
Fax:952.227.1404
Planning ii
Natural Rueercu
Phan 952M.1130
Far 952M,1110
Public Works
1591 Park Bad
Phone.952227.1300
Fax: 952.227.1310
Senior Cuter
Phone: 952T17.1125
Fax 952227.1110
Web SNe
www.ci.chanhassen.mn us
At the time of the inspection, the property was found to be in compliance with the
conditions of their Conditional Use Permit. Moreover, it was observed that in many
instances the association had gone beyond the requirements of their C1JPto assure
that the property was in as good of condition as could be possible given the current
land use.
This concludes my review of the property. Any questions can be directed to Terry
Jeffery at extension 1168.
The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and pia'
S
CARVER COUNTY SHERIFF'S OFFICE
WATER PATROL UNIT
TEMPORARY STRUCTURE / BUOY PERMIT
Date Issued: March 31, 2009 Permit #: 2009-03
City/Twp: Chanhassen
County of: Carver
Name: Lotus Lake Estates Homeowners Association Phone No. h-952 906 9570
C/O Lois Anderson, President
P.O. Box 63
Chanhassen, MN 55317
You are hereby granted a permit to: place a floating raft, swim area and three (3) mooring
buoys off of or near 121 and_125 Choctaw Circle on Lake, Lotus, maintained in _
accordance with all state and local laws.
Lake: Lotus
From: May 01, 2009
Carver Co / f Sheriff Bud Olson
By
Sergeant rek Lee Badge 811
To: November 1, 2009
I, the undersigned, agree to observe all laws and regulations relating to the use of
waterways. I understand that this permit does not relieve me in anyway from any
responsibility of liability I may incur in connection with any activities undertaken
pursuant to this permit. I agree to hold free and harmless the County of Carver and the
Carver County Sheriff's Office as well as its employees and agents from any and all
actions, claims, liabilities or assertions of liability which in any manner arise or may be
alleged to arise from any and all activities connected directly or proximately with the
placement of structures and/or buoys upon public waters.
Signed: i',1'1/1 ��iGt.r�(f�Y/, Date: / �� o l/
Permittee
Printed Name: J� DlS i " !v,n / r'�'si tn+F,H 4
(Note: The permit is not valid until signed by the permittee.)
SCANNED
QUIT CLAIM DEED 'CORRECTIVE
DEED*
to correct Document 11801B2 originally recorded August 19, 1986
\
Capaream a PsMasnv'o
Caporaum a VarberNv
No delinquent taxes and transfer entered; Cemliata
O
of Real Estate Value ( 1 filed yin ct required
to of Real Estate Value No.
�V)
19f 7
ArSmr
by g
Dal
STATE DEED TAX DUE HEREON: S 1,65
head for raw" dew
Date: July 2.1997
FOR VALUABLE CONSIDERATION, S-T Land Company, a corporation under the laws of M'mesota. Grantor, hereby
cw^"sys and Wficlams to Lotus Lake Estates Homeowners Assocla im, Grantee, a non-probt corporation under the
Laws of Micnesota, real property in Carver County, Minnesota described as follm:
This Ouit Claim Deed Is rerecorded to charge the tdlowing Ivile description.
That part of Ourmt B, Lotus Lake Estates, Carver County, Minnesota, according to the recorded plat thereof, which
lies s,ullelly of the foiovtig described pine:
CaMWCN at tie most weslerN comer of Lot 31, Block 2, of sad LDNs LaMe Estates; Ownce on en
assumed bearing of North 61 degrees East a" the nordmestedy line of said Lot 31, a distance of 145.01
teat to the most northedy corner of said Lot 31, said point berg the Pont of beginning of the line to be
descrbed; thence North 60 degrees West 194 feet, more or less to the shcrrile of Lotus Lake. and said
line there terminating.
Total consideration for this transaction is less man $500.00.
bWft anai wbmarcsad aoaetararas baor9ng theeiD, suopw to tr tQfc"exm0-.
Eb B-T LAND COMPANY
AllcpasdTax6terp Hoe `aHy�.4�00
BY
Its Assistant Vice
qA
STATE OF MINNESOTA) BpASG` .
COUNTY OF HENNEPIN)
The forsgoig ismm+ent was aCowaledged before me an July 2, 1997, by Rebecca Jo HoogenaIdler, the Assistant
Vice President of B-T LAND COMPANY, a corporation under the laws of Minnesota cin behalf of the eorpora60n.
DEBORA J.
V�
leM i�rib � y�HBAiEPIN
COUNTY
�!'� wrrsir.eea�Ytr.im0
Slot Penon Talnil A*WASdgenwa
Ta shwa for 0e rea: aop" dmawea in Mf inNUMa
9wu1d ba lent b (Ndude rose and ad&M ar GWtW):
Lotus Lake Estates HOm.eownarS Association
PO Box 63
Owiessen, MN 55W 7
THIS INSTRUMENT WAS DRAFTED BY.
B-T Land Company
P.O. Box 637
Wayzata, MN 55391
egfa3-7
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Document No 23 2005 `"` `�,•
STATE OF MINNESOTA yPNU3�L3rs
CARVER COUNTY RECORDER
(Abstract Department)
Filing Fee: /9 54 Copy Fee:
Check No: I//D(�jG�' Cash
Filed On C/� l49.�
at
Cad W. Hanson Jr., County Recorder
Me -..Dania t
��, ;r_ �. • Form Ne. 23—M. Ma,,,,,..,� r • c s,s et, Is_ ,i ��--,
Tbio3nbenture, Made this _............ llth................. _._............ ..dayof.._June_..._..._._....,1884....,
between_....@-T-Land..GOmpany..............................................................................._....._-............... ...
a corporation under the laws of the State of..._._-_ Mi_nngsoa............._.................. party of the first part, and
Lotus Lake Estates Homesowners Association, a non-profit corporation
a)C*wxx On under the laws of the State of. _.-_ Minnesota _.._.......... ... ..... ____ ---.._--- --- __._._., party of
the second part,
-Uttnt55ttb, 77tat the said party of the first part, in consideration of the sum of
___.9.ne_31.00i Dollar and other good and valuable_ cons iderationDGLL,IBS,
to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does
hereby Grant, Bargain, Sell, and Convey unto the said party of the second part, iy sueesasore and assigns.
Forever, all the tract or parcel of land lying and being in tee County of ................._. Carver....- ..-
and State of Minnesota, drseribed as follows, to -wit:
Commencing at the most westerly corner of Lot 31, Block 2 of said Lotus
Lake Estates; thence on an assumed bearing of North 61 degrees East, along
( the northwesterly line of said Lot 31, a distance of 145.01 feet to the
_. most northarly corner of said Lot 31, said point being the point of beginning
of the line to be described; thence North 60 degrees West, 194 feet, nore
[, or less to the shoreline of Lotus Lake, and said line there terminating.
file. {oval Cons,dE.tiFlon pot iz �4 M
A% 7i IODD or terms.
Thr" DOW
STATE MANDATED
Aq Fat Paid
To if)abe anb to 3balb the f5ramt, Together with all the hermit"ment, and appurtenances there -
unto belonging or in anywise appertaining, to the so id party of the second part, its successors and assigns,
Forever .Ind the said party of the first part. for itself and its successors, doer eoLv- nt witlr the *aid
Party of the second part, its successors and assigns, that it has not made, done. executed or suffered any
act or thing whatsoever whereby the absrd described premises or any part thereof, now or at any time hero
after. shall or may be imperiled, charged or ineumbered in any manner whatsoever. .-.- - -
.Ind the title to the above granted premises against all persons lawfully claiming the saute from, through
or under it, except ttenrs, if any, hereinbefore mentioned, the said party of the firs! part will Warrant
and Defend.
ND 31P TeStimonp uihereof, The said first party has caused these
ORPORATE'\\ presents to be ezecwted in its corporate name by its
�t SEAL P,,ndent d4Y3xaX l4+hMt(tbt1H6XJbwh7tM xxrltttlt
\` ydthaiN4MtY1f 1fi�f7tMd th.; day and ,year first above written.
S-T LAND COMP4NY
In P,eeenee o
f
Gilliam B. Van Nest
its president
L N
Its
6tate of Oinntoota,
cou.ety of .Hennepin _ 1
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THIS INSTRUMENT WAS DRAFTED BY
B-T Land Company
1055 E. Wayzata Bldg:""
Wayzata, MN 55391 'Add,,',
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Legend
Cara took
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N 40 4
cs.rrt.r
Nre.brlbM
takes
Psresis
Cam 2001
,Nap Created: 9-10-1009
PEN 254200461
Parcel Information
Property Address:
Taxpayer Lforanatba:
NOT ON FILE
LOTUS LAKE HOMEOWNERS ASSN
PO BOX 63
CHANHASSEN , MN 55317
Parcel Properties
CIS Acres: 1.82741922
Homestead: N
School District: 0276
Parcel Location
Sections: 01
Plat Information:
Township: 116
LOTUS LAKE ESTATES
Range: 023
P/O OUTLOT B WHICH LIES SLY OF
Payable Year 2010
FL.asiSafe Information
Sale NOT ON FILE
Est Market Value Land: $0
Est Market Value Building: $0
r
Eat Market Value Total: $0
CARVER COUNTY GIS DISCLAIMER: This map was created using Carver County's Geographic Information Systems (GIS), it is a compilation
of information and data from various City, County, State, and Federal offices. This map is not a surveyed or legally recorded map and is intended to be
used as a reference. Carver County is not responsible for any inaccuracies contained herein.
{CANNED