Loading...
CAS-08_CONDITIONAL USE PERMITS 84-8 (4)TO Lot us Lakes E4ateEleadilotRIe �T CC AngieAuseth, Planner 1 (�CITY OQp[p PFCM: Terry laffery, Wateriewurcesmordinator�� ldlttlldf SEN DAM February 24, 2009 MWrrem E; ;Atha 30 E" 141 Cra^hssv. LrN 4 Inspection of CUP Compliance S`.3'' RE�iAl Aftwdrallon pinw.1522T1100 Fa 952?271+10 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 PFrw 852z2' 1%3 water quality. It was also their desire to manage some of the invasive speoes that Fax- 9S2a'TT.1170 are present on the property. Fhna than 95zw.11b3 At thetimeof theinspection, the property wasfound to be in compliance with the rar9S222r110 Condit ions of their Conditional Use Permit. Moreover, it was observed that in many Part a Reunban instances the association had gone beyond the requirementsof their GLFto assure h7a%352241,1 a, that the property was in asgood of condition aseould be possible given the current =ac E U22: vo land use. XudEm Ca`u 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, pie" i Moral R"aeca Vim 35222;,,m rar 952 22E 1110 F41Si Weft i591 rax Pad oraxre.952P2r MO fsx %222' 1399 Senior Cmer NLin3 952-a7112$ Fax952Y N110 WN Sit e'AW Ll.vegswofl as The City ofChWaste a•Aprpwin0wnr,:n1.rantiOur lakes, ca1[rschaos.acrnmiiydwe*down.!hrir:-0Nssinemnn&0eaa.pi; baft!Wis. A9eaiOMWoe, .ayandp:a1 `` 30 CITY OF CHANHASSEN ,,,,-r- . APR CHANHASSEN PLANNING DEPT. Sa►orN l=JPaoEQ�/ L/rvE i (>ARA iE 1 %µrlClN� ,(aPi ✓Eway i I CITY OF CHANHASSEN R��: i' _.r-, APR CHANHASSEN PLANNING DEPT. go r 34 i i 40 i Smpry j*� A &,&yV LWjr CITY OF CHANHASSEN APR CHANHASSEN PLANNING DEPT. I i SoorN /�iPaoE�n/ Lim I 401 j I 30' L1FiU6wAy � j i nq i l�ARAlj6- I I I. tArKwe DeIVENAV CRY 6f CHANNA99EN APR- - 4nq CHANHASSEN PLANNIN® DEPT. _, ASSESSMENT TRAIPT E . I. n I 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. � r����� r r r r r ■� r r� r r� r■ r L7b i r � 01- /r 1�HaE Hair ymisi - J ___ _ _ _ .. _ •. --` �_.. r..,, c— .tea - � .�_ _I1R 6 lIX1IPIIW US,IfV't i� l:• '.IiXx kra ILK..w to , .�.. � � _AlRTE6 aAr Su�•sr4.� D -u=. . ra rr•..evs •..s •hen re .aro m.. � : .rXo Dux.0 rv¢nX u U • Pr w . rurn a o w Du w ai, vyaMouno.. .-..au. w,�x . �5ypI y1 X' YM' 0..KIYDDI �1 ! 4k1•a�irr� � rf.....'D. ii•lr u� ... L.. .. o.. - :-::......... �............. SA SOILS SURVEY MAP _ .a...ao ��,. x .... .�.. - — - iw.r RNUTSOX 1550CINb, ING .,.. �. .,.. ...,, _ ECLcwuo _1 s�ur~owuo _L07U6 LPIL C-- u.f m 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 llarl! 7Koegje, C-:ty PLannez " SIN st ... 161 !a • ' . s'' 0� i rl , \ a rb % 0A0,�y\ �� ` ,.N yr roc'. q W nor r�i .l�i i •< uI / CAP • / 5 C , `I ' , �• f 21"04 : F �' /Y"2p' V't �•. fb L_i9q y! �`o `• All N Cam`♦ _/ cD � -p Ne - 'a � Z,o v ��r� a; ool o 993 1•/�� ( j�yaF If Ic Qo a 6n rr?- J o oi2 N[o8'Y� J N c� .� --' i F� lr'1-yrro 136.34 ��C.2i94 - - 7 .6! q: '\' P rl W' `tee N.Y -P• w C� L38422�i O�a^N2 3L� 1i �•� I r40.03 fl nr ; _ - �1 • �,> .Gl . o• ns<n JVV CJZZ-i S 00 �!LNN. q Ih - �gO\. ,' b�' a+�.r •Q• ^ y. I p . o '1� - �. tots ~ o = ' -O 1 a.-°.. t,�,•q0 � . N050 E 224.20 • ZZ.7� ¢ ij-57-6— (�� E o a v' o i.� �\ r IL 37 m 63 2i-C t� __ 4y� -mot 41 1 ` g r m ^ OO t�'t' .-_ <.. ` o•�' t ti., =: _e. r N� -n >. ♦10 �\ \cn' _•r: .o t �( /_ N i - 9b•v. 'w .p6 Ul ` - •_N a... ��Cb , C_80.12 A� i. aa. _=:'sQT- (: E0.27I N na a i� z•� :.d cr - ---ri--- .....ter ,� .. •- - - _0 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- Aar ar •J 3p ays 4` -r aF yoQ -t Aay� rrq sprl � 6 �` s pP p���1A4al1a�AG'P 3p arJ arArAQ, ATas 4p spa A-roN Aapsr u, ps"s�6A y�aAAay� p�UrasP y0��y p�rJp� Apr �tp pprrrrJaP a�yr�rr�sAyJ�4AA df1�rPrI�A�A psASO�y�ps�sp'aAs^Asldr��sAr r�o�aamsrr�Ar pea�aJJ�e�ayiVsr iPs�al �a3sa ofsM°UBP3AoaAo J prr p °-?&0 a�.2 90 s00A, ti. ar4ho6OhAa 4�o Aa�`jP d ratt, 0S A 4 J yArSPSa sJSyJoA da P'I")p,rj, ap AhJJpp19 pisAa J pAay�Vr aP'ltpyp �rJjrPosa�ssso°y°asAJ0 prisasy -?tp�3oy"4 J �aP Jysy rOQMo�4h .�o•fir tdoS90 11 x �.(a �paAh ') r, '?p 9 rad1pp ray� S�plsq hSo0--PyoJpa d lyMgTsha S�pA°�gPy"y�r'Ipa�as�a�poJJ�aAy 0o p sarsPay� pip S phryprpasP °'�' ,�,'r s� r'�A?rrJrPS r0 G Jy°t SJ pa IrP A3 O a f a pa ryas �s rAP g4sy,� rrras Aa -rs a Ur AV' ArPy� s ® .q 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. Iit 6 ,�C tis v° T 6� RA ff AACIC PRESENTED BY B-T Land Company 473-8511 Ib 4 N �i V d z s n=' - pN ` w h w `z Q 3. _u Z 41)� W Q 10471 v ya?3 g R MUTIDT A „a', ,DyD ../,f.n ... . b WHO zii00-- I33 133 Mc COMBS — KNUTSON ASSOCIATES. INC. [ N 4 I. f[ D S Y D f U 9 V[, D D t I ,'� ? I .� �,�� II it it it 2. .Ld�p`'.f t:_\� -�� •. � I `� \III: ICI Mt COMBS - KNUTSON ASSOCIATES, INC. PRELIM MART PLAT [M61M[E If AND f Yx Y EOxi -LOTUP LAKE ESTATES- L 1 v7u S C glrr fsTATEs �W�m ni yb (jAf "r SAW CAcd Iy i, _ 0/0�jl<x zS' (EA<H 5g - Y It Doc ks t` =1si I %r 1 -4wa I —1I lung --ovtI aaoys I h p b ( L2XI� 1 /rl/7�1� a'Oa rcNiYvif7(/ - Ca1N ^a j`V S7-107 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 .Sml1TN �QDfLt7'y L/NEr ld30 DNINNVId N3SSVHNVHD 8dd N3SSVHNVHO 30 A113 30' i ,I - � O�wEwAy i 1 57r�FK(F G�ARAc�E fl %�/1KKW 8 �5 Aio�> LeI VEWAV dAW&JE i f,. I a 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 01 e U 3 D n r. 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 �-e- dire Pik �a ,nAtkjc rA n� �.2 kr L1' x 14' k)-K4-, 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 9IF. AAN iUi QRQ ? WL�.,n .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 Q � Q J OX w a c, o Gray � e5hpe N o U L C 8 f0 Lotus Lake ChoctatvCjr Sandy •w _ a a E 1 a a r' w w c Y C � 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 -8- 0 • Ifirly, ..41.D°Y 0 0 13iIQ0 O )0 200 SCAIE® ri 4 > A:y Z, MATCH UNE � w e 7 LOTUS LAKE ESTATES 4ID 74 -crae� _:1t vstbmdmb %O �T e-c.d m Ndt mad_M k Enck Cwgry Jar 1. T / U T q •°Xis 'e7li'3N• °z � � \ 9d LANE,/ /MATCH 3 11M``3 'r S New• N 1 :�' u �Laid3 I` H _ 29 n, a6 nh r 0 { �N.sO E. e• 2ran4 I. D �-_. e 4 4 b r N. 1 •� 11 V .nat�srrf+:v \r,•b'a%• 27 � Nn. Yi J M•icir gR/SYf / 4 - aloe" IN I2 e.3n ,�/esoi 1� wi c•sss d' d o R BI' �- g 4 5 rm Iseise� 262 �s�wieCall, N e �sgns 3s" fin. .s 25 ne 19 v; MIB �J,'IT 9e6.793134 1e9' s p Denotes /roe Mommentass E % e Bearings shown are E nloge,Easements ore shown Ore shown Thus � 6�1 q '-bow 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 All in formation is occoralin9 to 1929. 16 W/m2 C Nei 3Yy'9Y MfW -. - NIa --. I do C7 n2.93 IBM: • erd Drmmeyr rasewwm I v \ N o $ ;,a I N 9 �` rS. 7 col . N. 6'Le. C \ �dRd22'N C 0 0 Q• : mv-! W ., ih •:=6 yea%e `-iri.st< I i a d 1',2 web J d z y 3 s � In1 - L .YIl� - J 1 U M1NNITnn A I 4 472 � , 3 14 S _Altl ae'� MI9YeJ •j i/ex I51m.b 2 h. NP v' m /•Ley Iai W ,iq" 7, ooze 4 bee �:PtN <St�/e.>�, �• N C ' `�nry a's Fir, its, a nit - iF 11p���v� -- duel SG at AA 8 rM1N[ ' Marre M a C ...n9d0-.. --Wes123100-.. da - 135 \w hat eipget hi tuNlx � E. la- dry the SE CoealSee% m 1993_ SE62or at6ov�[ot/�xn's �CorperComntyMon� 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 ,:- �Y1vSS3`'i Y d j F ..0.\. .. is .....�- _. _. cWV . ... 'i 4 Y.. _.. ... ... ., l., 1 3 t Y.� t .A J 4 f 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 The /'oreonin¢ in xt.n/n, eni ,,•. nn�rA:h•�'d hrjurr rrv, lhix_. IIth,ing<,r June hg William B. Van Nest, President .\ •�� i•, �.. DIY .4t M.1\1'. 11/1.. .11 �111It 1.Y nM .14[\ll 1\.>il .l .w1Y 1M ..w ...�..1 �•11 I. IT INIw r(„( \../\rl ... .. „j B-T Land Company n Minnesota rur/>.rrrrt/.rn. un hdud/ of th, arporation. urare .r naT; ur �\, •wwxu wrvi M I - LOVER 1 V..i C :"7•':1 V 2 nw:v s(t eu era rs rYu e ,�cewwrea^. E V.. Awp&n Not Y Public unirwr:wu .. _. THIS INSTRUMENT WAS DRAFTED BY B-T Land Company 1055 E. Wayzata Bldg:"" Wayzata, MN 55391 'Add,,', X SCANNEE ezi A li R E*-Jp9 ^t e Of¢ 9y�E °o xm v� cc o c e` UOW Z =, � - - QC d 3I z c a=< O -p d p 1 _ _ id Ln _ a gg 9 W6gg Ujz O!= � mcmicW OLL LLy0 0— E - �` s -+ Ii W — _ LL W � � _ . : !t 3S J Legend Cara took usspw" 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