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CAS-16_LOTUS LAKE ESTATES BEACHLOT CONDITIONAL USE PERMIT (2)
January 31, 1985 Mr. Peter Beck Larkin, Hoffman, Suite 1500 A C ITYwJ F CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • C; .ANHASSEN, MINNESOTA 55317 (612) 937-1900 Daly & Lindgren Ltd. 7900 Xerxes Avenue So. Minneapolis, MN 55431 Dear Mr. Beck: Attached for your review is the revised conditional use permit allowing the addition of four sailboat moorings. If there are no changes suggested by you/your client, please have the permit signed by the appropriate officers of the homeowner's association and B -T Land Company. Please note that these signatures must be notarized. Section 1.07 and Section 2.05(g) have been revised to reflect Council's approval of the sailboat moorings. Sections 1.08 and 1.09 have been added to reflect the application and hearing dates. Please feel free to contact me if you have any questions. Sincer ly, Barbara Dacy City Planner BD:v Enclosure F OL CITY OF CHANHASSEN RESTATED CONDITIONAL USE PERMIT BEACHLOT - LOTUS LAKE ESTATES This restated conditional use permit and agreement made and entered into this �_ day of ��r=�C�B - , by and between B -T Land Company (hereinafter BT"), and Lotus Lake Estates Homeowners Association (hereinafter the "Association"), and the City of Chanhassen, a Minnesota municipal corporation (hereinafter referred to as the "City"); WITNESSETH: That the City, in exercise of its powers pursuant to M.S. 5462.357, and other applicable state law, and 514 of the Chanhassen Zoning Ordinance, hereby grants to BT and the Association herein a restated conditional use permit to main- tain and operate a private neighborhood association recreational area upon Outlot B, Lotus Lake Estates, Carver County, Minnesota (hereinafter the "Subject Property"), subject to the following terms and conditions,,all of which shall be strictly complied with as being necessary for the protection of the public interest. SECTION 1. RECITALS. 1.01. Prior Platting of Lotus Lake Estates. BT has pre- viously 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. Section 28 of said development contract further provides that BT shall suffer no alterations of the Subject Property except after first having obtained a permit from the City setting forth a plan for the alteration and development of the Subject Property. Said Section 28 also provides that, for purposes of said development contract, said permit would be deemed to be a conditional use permit and that the application process and pro- cedure would be as set forth in Section 2.3 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, 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, Council Meeting January 20985 41 -2- - Councilman Geving - When did you notice this? - Bill Monk - It was last fall. The reason that it took so long is because of the condition for a public hearing which is a little bit unusual in these types of instances and I guess with it being wintertime there was no rush because no grading was going to take place during the wintertime. John Przymus - That property there is not a wetlands. When I talked with Bill he had thought that all that tall grass down there was not going to be disturbed at all and I never intended to fill that whole area up. What I did was I took a farmer out there and I wanted him to get it down so we could seed it and the grass was so tall that you just couldn't do anything. A disk would go over the top and a plow would fill up. All I wanted to do was just put a layer to cover the grass so we could disk it down and seed it. I am not trying to fill up the low land. When we met with the DNR, it is not considered wetlands. He says it was a farm field. It used to be plowed. I told the guys to stay away at least 50 feet from the creek. It's not my intention to fill up anything. All we are trying to do is just cover up the grass so that we can seed it. Councilwoman Swenson - Whether it is or isn't is rather a moot point because it is subject to the provisions of the Shoreland Management Ordinance over which we don't have any control anyway. It's the general development water of Bluff Creek which gives you a definite restriction on how close you can get to it. John Przymus - We stayed away from the creek. Mayor Hamilton - Has everybody had an opportunity to read the letter? It says at the bottom of the letter written October 25: "We would further recommend that the physi- cal dimensions of the wetland basin be left in a natural condition". Were you planning on conforming to that John? John Przymus - If you say I am filling it in then I am filling it in, but I am not. All I am doing is covering the grass a couple of inches so we can disk it. I couldn't afford to fill it in. Basically, all I am going to do is mow grass. I am not doing anything else. Like I said earlier, we stayed more than ten feet away. That's why I didn't assume that I was doing anything in violation of the conditional use permit because I have to get it so I can mow grass and I have to get it level. am not trying to harm anything. Councilman Horn moved to close the public hearing. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. TRI -PROPERTIES CONDITIONAL USE PERMIT: Councilman Geving moved to table this item to to a Saturday session in the Spring to visit the site. Motion seconded by Councilwoman Swenson. The following voted in favor: Mayor Hamilton, Councilwoman Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried, MINUTES: Councilwoman Watson moved to note the December 12, 1984, Planning Commission minutes. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Horn and Geving. No negative votes. Motion carried. I BEACHLOT ORDINANCE, ATTORNEY RESPONSE: No action was taken. L 0 4 CITY OF CHANHASSEN RESTATED CONDITIONAL USE PERMIT BEACHLOT - LOTUS LAKE ESTATES This restated conditional use permit and agreement made and entered into this day of , by and between B -T Land Company (hereinafter "BT"), and Lotus Lake Estates Homeowners Association (hereinafter the "Association"), and the City of Chanhassen, a Minnesota municipal corporation (hereinafter referred to as the "City"); WITNESSETH: That the City, .in exercise of its powers pursuant to M.S. §462.357, and other applicable state law, and §14 of the Chanhassen Zoning Ordinanc-..,, hereby grants to BT and the Association herein a restated con-'itional use permit to main- tain 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 -hall be strictly complied with as being necessary for the pr,_,<ction of the public interest. SECTION 1. RECITALS. 1.01. Prior Platting of Lotus Lake Estates. BT has pre- viously 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. Section 28 of said development contract further provides that BT shall suffer no alterations of the Subject Property except after first having obtained a permit from the City setting forth a plan for the alteration and development of the Subject Property. Said Section 28 also provides that, for purposes of said development contract, said permit would be deemed to be a conditional use permit and that the application process and pro- cedure would be as set forth in Section 2.3 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, and for the benefit of the owners of any lots platted in the future by a further subdivision of Outlot C, Lotus Lake Estates. 0 4 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, 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 superseded by the Conditional Use Permit executed on April 22, 1982. 1.08. July 18, 1984 Application for Amendment of Permit. 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. SECTION 2. SPECIAL CONDITIONS. 2.01. Permit Not Transferable. This permit is personal to BT and to the Association, and is not assignable or trans- ferable, except upon the written consent of the City. 2.02. Release of BT. The City, upon written request, shall release BT from its obligations hereunder upon receipt of documentation which demonstrates (a) the proper incorporation of the Association pursuant to Chapter 317 of Minnesota Statutes, and (b) the conveyance of title to the Subject Property in fee simple to the Association for the benefit of all owners of lots in Lotus Lake Estates. No such release shall be given until such documentation has been approved by the City Attorney as to legal sufficiency. No such release as to BT shall have the effect of releasing the Association from its obligations, covenants, and agreements hereunder. -2- 0 6 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 §2.03 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. 2.04. Description of Property Subject To This Permit. The premises subject to the within conditional use permit are described as follows: Outlot B, Lotus Lake Estates, according to the map or plat thereof on file and of record the Office of the County Recorder, in and for Carver County, Minnesota. 2.05. Certain Site Alterations Authorized. BT and the Association are hereby authorized to install the following improvements on the Subject Property: a. One sand blanket swim area, as shown on the alteration plan, City Council Exhibit A, dated July 21, 1980, said swim area to be marked with a minimum of three anchored "swim area" buoys that are in accordance with the Uniform Waterway Marking System; said buoys to be anchored a reasonable distance from shore; and b. a pedestrian walkway connecting Choctaw Circle with the sand blanket swim area; said walkway to consist of wood chips installed on a sand base with boardwalk steps on the steep slope area of the walkway; and C. four boat racks to be located on land with a storage capacity of either six canoes or six small sail boats per rack; and d. one dock, not to exceed the greater of fifty (50) feet in length or that number of lineal feet necessary to reach a water depth of four (4) feet; at the option of the Association, the final ten (10) feet of said dock may consist of a ten foot by ten foot (10' x 10') square platform; said dock shall be located on that portion of the shoreline of the Subject Property which lies between the northerly line and the southerly line of Lot 34, Block 1, Lotus Lake Estates, extended northwesterly; and -3- i 4 e. one ten foot by ten foot swimming raft, to be located in water having a minimum depth of seven (7) feet, not more than one hundred (100) feet from the nearest lake 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 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 g. four sailboat moorings, to be located in the manner depicted on the submitted site plan of the July 18, 1984 application. Except as provided in this permit, no portion of the Subject Property may be developed, altered, or disturbed in any way. 2.06. Trees. In carrying out the above described altera- tions, the Association and BT each agree to use every effort to keep tree loss at an absolute minimum. 2.07. Reserved. 2.08. Erosion Control. BT and the Association, at their expense, shall provide temporary dams, earthwork or such other devices and practices, including seeding of graded areas, as shall be needed, in the judgement of the City Engineers, to pre- vent the washing, flooding, sedimentation and erosion of lands and roads within and outside the Subject Property during all phases of construction. BT and the Association shall keep all public streets free of all dirt and debris resulting from their construction upon the Subject Property. 2.09. Certain Structures Prohibited. Except for the alterations described in Section 2.05 above, no structure, pier, boat rack, mooring buoy, or swimming platform shall be constructed, erected, or maintained on the Subject Property or in the waters abutting the Subject Property. 2.10. Camping Prohibited. No owner, as defined in Section 2.03 hereinabove, or other person shall camp overnight on the Subject Property. 2.11. 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: a. not more than twenty-four canoes or small sail boats may be so stored overnight in the four boat racks described in Section 2.05 of this permit; and -4- b. not more than four non -motorized boats, not to exceed sixteen feet in length, may be docked overnight at the dock described in Section 2.05 of this permit. Except for construction equipment necessary for the exe- cution of BT's plan and as necessary for the maintenance of the Subject Property, no motor vehicle shall be driven upon or parked upon the Subject Property. No boat trailer shall be allowed upon the Subject Property. Nothing in the preceding three sentences shall be deemed to prohibit the launching of any watercraft from the Subject Property if accomplished without the assistance= of any motor vehicle or trailer or wheeled dolly upon the Sub.i ct 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 person-tly liable or responsible in any manner to BT or the Associati"!:, their contractors, or subcontractors, materialmen, laborer.;, or to any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this permit and agreement or the performance and completion of the work and improvements hereunder and the BT and the Association will save the City, the City Council, and the agents and employees of the City harmless from any and all claims, damages, demands, actions or causes of action arising therefrom and the costs, disbursements, and expenses of defending the same. 3.02. Written Work Orders. BT and the Association shall do no work nor furnish materials, whether covered or not covered by BT's plan, for which reimbursement is expected from the City unless a written order for such work or materials is received from the City. Any such work or materials which may be done or furnished by BT or the Association without such written order first being given shall be at its own risk, cost and expense, and BT and the Association hereby agree that without such written order, they will make no claim for compensation for work or materials so done or furnished. SECTION 4. MISCELLANEOUS. 4.01. Severability. In the event any provisions of this permit shall be held invalid, illegal, or unenforceable by any court 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. -5- 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 to the City that they have acquired fee title to the Subject Property prior to any request by BT pursuant to Section 2.02 of this );ermit. ?,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 BT and the Association, by written notice giv. by one to the other, may designate any address or add uses, to which notices, certificates or other communications to them shall be sent when required as contemplated by this permit. Unless otherwise provided by the respective parties, all notices, certificates, and communications to each of them shall be addressed as follows: To the City: City of Chanhassen City Hall 690 Coulter Drive Chanhassen, MN 55317 Attn: City Manger To BT: B -T Land Company 1055 East Wayzata Blvd. Wayzata, MN 55391 To the Association: Lotus Lake Estates Homeowners Assoc. c/o Aaron Babcock 125 Choctaw Circle Chanhassen, MN 55317 4.06. Owners to be Notified of This Permit. The Association shall furnish each owner, as that term is defined in Section 2.03 above, with a copy of this permit within thirty (30) days of the signing of this permit and shall furnish each future owner, as that term is defined in Section 2.03 above, with a copy of this permit, within thirty (30) days of any such 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. aM. 9 0 SECTION 5. ENFORCEMENT PROVISIONS. 5.01. Reimbursement of Costs. BT and 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 administration and enforcement of the within permit and the per- formance thereby by BT and the Association. Such reimbursement shall be made within fourteen (14) days of the date of mailing of the City's notice of costs as provided in Section 4.05 above. This 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 shall default in the performance of any of the covenants and agreements herein contained, and such default shall not have been cured within ten (10) days after receipt by BT and the Association of written notice thereo::, 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 engi- neering, legal and administrative expense incurred by the City, to be recovered as special assessment under M.S. Chapter 429, in which case BT and the Association agree to pay the entire amount of the assessment roll pertaining to any such improvement within thirty (30) days after its adoption. BT and the Association further agree that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on the Subject Property for any amount so unpaid, and the city shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's lien 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 property, to restrain or abate violations of the within permit, or to prevent use or occupancy of the Subject Property. -7- IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day of B -T LAND COMPANY LOTUS LAKE HOMEOWNERS ASSOCIATION By _ Its And STATE OF MINNESOTA) ss COUNTY OF ) By - And And I CITY OF CHANHASSEN By Its Mayor Attest City Clerk/Manager On this day of , before me, a notary public, within and for said county, personally appeared and , to me personally know, who, being each by me duly sworn did say that they are respectibely the President an Vice -President of B -T Land Company, and that said instrument was signed in behalf of said corporation by authority of its Board of Directors, and said and , acknowledged said instrument to be the free act and deed of said corporation. Notary Public U -M STATE OF MINNESOTA) ss COUNTY OF ) On this day of , before me, a notary public, within and for said county, personally appeared and , to me personally know, who, being each by me duly sworn did say that they are respectibely the President an Vice -President of B -T Land Company, and that said instrument was signed in behalf of said corporation by authority of its Board of Directors, and said and , acknowledged said instrument to be the free act a d deed of said corporation. Notary Public STATE OF MINNESOTA) ) ss COUNTY OF CARVER ) On this day of , 19-, 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. Notary Public im Council Meeting December 3,*4 0 -16- ADVERTISEMENT FOR BIDS FOR CITY NEWSPAPER AND PLUMBING INSPECTOR. 1985: Councilman Geving asked that the position of Plumbing Inspector be advertised as other persons may be interested in bidding on the job. He suggested an option for the official City newspaper for 1985, Excelsior Sailor. Mayor Hamilton stated that he has talked with representatives from the Sailor but with the mergers that have taken place with area newspapers, they don't know if they meet all the state requirements to be an official city newspaper at this point. TH 212/BLUFF CREEK CULVERT REPLACEMENT: The City has received construction plans as well as a DNR permit application as prepared by MnDOT concerning replacement of a culvert under TH 212 on Bluff Creek. LAKE ANN INTERCEPTOR/LAKE VIRGINIA FORCEMAIN: The City Manager presented a report on the progress of this item with the Metropolitan Council. PROPOSED TIMETABLE FOR SUBDIVISION AND ZONING ORDINANCES: Mayor Hamilton felt the schedule of meetings between December 12 and January 9th was during the busy time of the year and wondered if it was realistic. COMPARABLE WORTH PROCESS: Mayor Hamilton moved to approve the City Manager's recom- mendation. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. LOTUS LAKE ESTATES BEACHLOT: Councilwoman Swenson moved to adopt the findings of fact as presented in the Council packet. Motion seconded by Councilwoman Watson. The following voted in favor: Councilwomen Swenson and Watson, Councilmen Geving and Horn. Mayor Hamilton voted no. Motion carried. Councilman Geving moved to adjourn. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. Don Ashworth City Manager DAVID L GRANNIS - 1874-1961 DAVID L GRANNIS. JR. 1910-1980 VANCR B. GRANNIS VANCR B. GRANNS. JR. TNOMAs J. CAMPBELL PATRICK A FARRELL DAVID L GRANNIE. III ROGER N. RNUTSON THOMAS M. SCOTT GARY C. FUCHS MARY S. VUJOVICH TNoMAs L GRUNDN00E1t DAVID L HARMEYER LAW OFFICES GRANNIS, CAMPBELL, FARRELL & KNUTSON PROFPESSIONAL A96UCIATION POET OFFICE BOX .57 400 NORW T BANK BUILDING 161 NORTH CONCORD EXCHANGE SOUTH ST. PAUL, MINNESOTA 55075 612-455-1661 November 30, 1984 Mr. Don Ashworth City of Chanhassen Box 147, 690 Coulter Dr. Chanhassen, MN 55317 0 4z �* p as A{J / X,a 4 ,l 01—:cass<a/ tl( W, 711 �/ ( /9'A 4/ Dear Don: LO IA 4 H: VM7as Enclosed is the proposed Findings and Decision regarding the application of the Lotus Lake Estates Homeowners Association for a conditional use permit. V1 Enc. Very truly yours, GRANNIS, AMPBEL , FARRELL & K ON BY Roc N. Knutson Aetloa by CO'anal: Raj�cted �/ T 1-.cC: . ZD DEC U s 1984 CITY Or CHANHASSEN STATE OF MINNESOTA COUNTIES OF CARVER AND HENNEPIN CITY OF CHANHASSEN FINDINGS AND DECISION On August 20, September 10 and November 19, 1984, the Chanhassen City Council met at its regularly scheduled meetings to consider the application of the Lotus Lake Estates Homeowners Association for a conditional use permit and variances to allow certain recreational beachlot improvements to Outlot B, Lotus Lake Estates. FINDINGS OF FACT 1. The applicant has applied to the City for a conditional use -permit and variances for the following on Outlot B of Lotus Lake Estates: a. Installation of a second seasonal dock; b. Overnight storage of up to ten watercraft with or without motors; 2. In 1979 the City and developer of Lotus Lake Estates entered into a development contract which provides in part: 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 and procedure shall be as set forth in Section 23 of the Chanhassen Zoning Ordinance. 3. Pursuant to the development contract a permit and agreement was approved by the City for the use of Outlot B. The permit and agreement was subsequently amended on April 22, 1982. The permit and agreement as amended allows: a. A sand beachlot swim area; b. A pedestrian walkway; C. Four boat racks; d. One dock; e. One swimming raft; f. One conversation pit -fire hole. 4. The permit was subsequently amended to allow four sailboat moorings. S. The City's zoning ordinance provides that all recreational beach lots are conditional uses. Overnight storage of watercraft and more than one dock per lot are prohibited. 6. There. are no special circumstances or conditions affecting the land or use which justify variances. 7. Granting the variances is not necessary for the preservation or enjoyment of a substantial property right. The property is afforded reasonable uses by the zoning ordinance and under the existing permit and agreement. 8. Granting the variances would be materially detrimental to the public welfare and injurious to Lotus Lake. Overuse of the Lake is already a serious problem. Granting the variances would exasperate these problems by facilitating increased useage 9. Granting the variances would not be in keeping with the intent and purpose of the recreational beach lot provisions of the zoning ordinance. A primary purpose of the ordinance provisions is to prevent excessive use of the City's lakes the opposite result. Granting the variance would have 10. The proposals are inconsistent with the following goals and policies of the city's comprehensive plan: Improve environmental quality by preserving the scenic and recreational aspects of lakes, rivers, and streams and provide opportunities for public use where appropriate. The location, design, use, and impact of recreation facilities should be compatible with and enhance the environment of both the site and surrounding area. IWAM 0 E DECISION The application for variances for a second seasonal dock and overnight storage of watercraft with or without motors is denied. Without the variances, the amendment to the conditional use permit cannot be granted. Adopted the 10th day of September, 1984. CITY OF CHANHASSEN BY• Thomas Hamilton, Mayor ATTEST: I. Don Ashworth, City Manager/Clerk -3- i November 27, 1984 Mr. Peter Beck, Larkin, Hoffman, Suite 1500 0 C I T1(*0 F 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 Attorney at Law Daly & Lindgren 7900 Xerxes Avenue South Minneapolis, MN 55431 Dear Mr. Beck: This is to formally notify you that the City Council at the November 19, 1984 meeting determined that the action taken on August 20, 1984 was to deny your requests for a variance and con- ditional use permit to allow the overnight storage of 10 watercraft and to allow one additional dock. The Council, however, also found that the Homeowner's Association may reapply to the Board of Adjustments and Appeals as well as the Planning Commission for the revised request of a dock for fishing purposes only and the overnight storage of five watercraft with no restriction on motors. Application fees will be waived for reapplication. The Council did act to approve the addition of four sailboat moorings. A revised conditional use permit reflecting this approval will be forwarded to you when completed. Should you have further questions, please feel free to contact me. Very truly yours, Barbara Dacy City Planner BD:v 0 To: ChanhassenC' y Council From: Ladd Conrad airman, Planning Commission Date: Nov. 19, 1984J) Subj: Lotus Lake Beachlot Improvements If you are seriously considering the granting of a varience to the Cities Beaehlot Ordinance, for the Lotus Lake Estates Homeowners Association, I would ask that you refer the matter back to Planning Commission. Two items concern me: 1) There is no specific rationale for turning down or Pranting future requests. 2) Next year when Lotus Lake Estates is back what criteria will we use to review the issue? Even though the ordinance is very new, if you feel it is unfair, lets follow our legal advice and revise the rules, rather than grant a variance without considering the total community impact. CITY6OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Mayor and City Council FROM: Barbara Dacy, City Planne DATE: November 15, 1984 SUBJ: Proposed Lotus Lake Beachlot Improvements The Lotus Lake Homeowner's Association originally requested the following: a. Variance request to install one additional dock and to allow the overnight storage of 10 watercraft. b. Conditional Use Permit request to allow certain recreational beachlot improvements. Peter Beck, representing the Homeowner's Association, has sub- mitted a letter to the City (attached) outlining a revision of the above requests to allow five boats at the existing dock on Outlot B without restrictions as to motors, and to allow the installation of an additional fishing only dock in the northern portion of Outlot B. As you recall, the Council denied the request for an ordinance amendment on August 20, 1984, as well as denying the requests referenced above. However, the Council directed the City Attorney to prepare written findings of the action in regards to the variance and conditional use permit requests. Upon review at the September 10th meeting with the applicant, a reduction of the request was proposed. The Council tabled the matter until Mayor Hamilton met with the Homeowner's Association in an attempt to resolve the issue. The request was scheduled for the October 15th meeting, but was tabled at the request of the applicant. Report Attachments 1. Letter from Peter Beck dated November 15, 1984. 2. City Council minutes dated August 20, 1984. 3. City Council mintues dated September 10, 1984. 4. Memo from Don Ashworth, City Manager to the City Council dated October 15, 1984. 0 Mayor and Council November 15, 1984 Page 2 E 5. Letter from Roger Knutson, City Attorney dated September 19, 1984. 6. Memo from Don Ashworth, City Manager dated September 10, 1984. 7. Memo from Don Ashworth, City Manager dated August 20, 1984. 8. Recreational Beachlot Ordinance. 9. Staff Report dated August 2, 1984 which addresses both the variance and conditional use permit request issues. 10. Letter from Peter Beck dated August 16, 1984. 11. Letter from Lotus Lake Association dated August 20, 1984. 0 0 LARKIN, HOFFMAN, DALY & LINDGREN, LTD Mayor Tom Hamilton and the Members of the Chanhassen City Council City of Chanhassen RECEilt cD P.O. Box 147 690 Coulter Drive NOV 15 1984 Chanhassen, Minnesota 55317 Re: Lotus Lake Estates C'Ty OF CHAN HASSEN Dear Mayor Hamilton and Councilmembers: The request of the Lotus Lake Estates Homeowners Association for a variance from the provisions of the City's Beachlot Ordinance will be before the City Council again at its November 19, 1984 meeting. This request was previously considered by the Council on August 20 and September 10, 1984. Final action on the request was tabled on August 20 to allow the City Attorney to prepare findings. The City Attorney's findings were discussed by the Council at its September 10 meeting, but once again final action was tabled. Following the September 10, 1984 Council meeting a meeting was held, at Mayor Hamilton's request, between Mayor Hamilton, Don Ashworth, myself and several Lotus Lake Estates homeowners. During this meeting the group physically walked virtually the entire length of Outlot B and reviewed the existing improvements and the proposed location of the requested additional dock. Mayor Hamilton indicated at this meeting that the Lotus Lake Estates homeowners should have some use of Outlot B roughly equivalent to that enjoyed by other recreational outlot owners in the City. Since the physical characteristics of Outlet B make it impossible to launch motorized watercraft, Mayor Hamilton suggested that the Homeowners Association accept a resolution which A-rrAcNmFNTR *r1 ATTORNEYS AT LAW JAMES R. LARKIN GERALD L SECK J.NOFFMAN THOMAS B.NUMUMPNgEY. JR. JACK ACK IF..ALY PETER K BECK D. KENNETH L1NOGwEN 1500 NORTHWESTERN FINANCIAL CENTER JON S. S ANDREW W. DANIESON THOMAS J. FLYNN WENDELL R. ANDERSON 7900 %ERXES AVENUE SOUTH RODERICK I. MAC NEN2IE GERALD K FRIEVELL JAMES P. OUINN WHITLOC ROBERT a wHlnocK MINNEAPOLIS, MINNESOTA 55431 ROBERT O RENR JR. ALLAN E. MULLIGAN DANIEL M ROBERT J. HENNESSEY TELEPHONE I612I 835-3600 H. KA MKI H. NKE R.FLETCMER FLET TODD 1. TODD 1. FREEMANITC JAMES JAMES G. TELECO PIER NO. 16121 635-5102 J. MITCHELL DRISSON EDWARD J. LL 0"1ANDREW DAVID G. R ILEY JAMES P. MILEY OTTER JOHN A COTTER' JON. A. MCH VGN 1700 FIRST BANK PLACE WEST FEDERAL PRACTICE PARTNERSHIP KATHLEEN M. DATES+ GENE N. LLEw THOMAS G. MOMAUO- W. JOSEPH W. ANTHONY 120 SOUTH 51%TH STREET LARKIN, NOEL 6 FALN BRADLEY H. LEHRMAN C^VID C. LLREN BEATRICE A. ROTHWEILER JOHN D. FULLMER MINNEAPOLIS, MINNESOTA 55402 SUITE 1110 sHEgwILL OMAN KURETIC R ROBERT E. BOYLE TELEPHONE 16121 338-6610 1301 PENNSYLVANIA, N. W. PAUL M PLUNKETT FRANK I. HARVEY SUSAN R. BURNIGHT RICHARD A. FORSCHLER WASHINGTON, D.C. 20004 AMY DARR GRADY RICHARD A. NORDBYE ALAN 1- KILDOW ROBERT T. MONTAGUE, JR. TELEPHONE 12021]37-1000 GARTH G COLLIER CHARLES S. MODELL MARK E DU VAL CHRISTOPHER J. DIETZEN KATHLEEN M. PICOTTE NEWMAN RICHARD 1, DIAMOND LARRY A. KOCH JORN R...Al.. PETER J. COYLE JAMES W STROTHER CATHERINE BARNETT WILSON' LINDA K FISHER THOMAS P. sTOLTMAN OF COUNSEL STEVEN G. LEVIN JOSEPH .ITIS FORREST M NOWLIN THOMAS K CAREY MICHAEL C. JACKMAN MICHAEL S. MARGULIES TTED IN STERNEN B. SOLOMON WISCONSIN DIERL EMBER D. gEICNGOTT EMBER November 15, 1984 Mayor Tom Hamilton and the Members of the Chanhassen City Council City of Chanhassen RECEilt cD P.O. Box 147 690 Coulter Drive NOV 15 1984 Chanhassen, Minnesota 55317 Re: Lotus Lake Estates C'Ty OF CHAN HASSEN Dear Mayor Hamilton and Councilmembers: The request of the Lotus Lake Estates Homeowners Association for a variance from the provisions of the City's Beachlot Ordinance will be before the City Council again at its November 19, 1984 meeting. This request was previously considered by the Council on August 20 and September 10, 1984. Final action on the request was tabled on August 20 to allow the City Attorney to prepare findings. The City Attorney's findings were discussed by the Council at its September 10 meeting, but once again final action was tabled. Following the September 10, 1984 Council meeting a meeting was held, at Mayor Hamilton's request, between Mayor Hamilton, Don Ashworth, myself and several Lotus Lake Estates homeowners. During this meeting the group physically walked virtually the entire length of Outlot B and reviewed the existing improvements and the proposed location of the requested additional dock. Mayor Hamilton indicated at this meeting that the Lotus Lake Estates homeowners should have some use of Outlot B roughly equivalent to that enjoyed by other recreational outlot owners in the City. Since the physical characteristics of Outlet B make it impossible to launch motorized watercraft, Mayor Hamilton suggested that the Homeowners Association accept a resolution which A-rrAcNmFNTR *r1 0 0 LARKIN, HOFFMAN, DA -LY Lc LINDGI?EN, LTD. Mayor Tom Hamilton and the Members of the Chanhassen City Council November 15, 1984 Paae 2 would allow five boats, without restrictions as to motors, on the existing dock and the installation of an additional fishing only dock in the northerly portion of the outlot. The purpose of the fishing only dock is to separate boating and fishing activities for the safety of all participants. This proposal was presented to the Homeowners Association at a general membership meeting on October 23, 1984, and approved. The request before the City Council, therefore, is that the Mayor's proposal be adopted and that a variance be granted to allow five boats, without restrictions as to motors, to be stored overnight at the existing dock and to allow the installation of a fishing only dock in the northerly portion of Outlot B. In conversations with several of you, it is apparent that there is a concern regarding the potential precedential effect of granting such a variance. This is an issue which I have addressed at length in my prior correspondence and oral comments to the Council. Outlot B is, indeed, a very unique situation -- both because of its history and its physical size and characteristics. I have prepared and attached to this letter a set of proposed findings which emphasize the unique characteristics of this situation and which make it clear that the variance is granted solely because of these unique circumstances. I firmly believe that granting this variance will not prejudice the Council's consideration of future requests, if any, and that approving this variance will not require the Council to grant variances to 50' outlots located immediately adjacent to single family homes. The situations are simply too dissimilar for the Outlot B resolution to have any precedential effect. I will attend the November 19 meeting and will be happy to answer any questions along these lines. However, I must appear at a public hearing in Burnsville at 7:00 p.m. that same evening. I expect I will be able to finish in Burnsville and drive to Chanhassen by 8:30 p.m. at the latest. I respectfully request that the Council's consideration of the Lotus Lake Estates matter be deferred until that time. Your consideration in accommodating me is appreciated. Very truly yours, Peter K. Beck, for LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Attorneys for the Lotus Lake Estates Homeowners Association ks cc: Roger Knudsen STATE OF MINNESOTA 46 CITY OF CHANHASSEN COUNTIES OF CARVER AND HENNEPIN FINDINGS AND DECISION On August 20, September 10 and November 19, 1984, the Chanhassen City Council met at its regularly scheduled meetings to consider the application of the Lotus Lake Estates Homeowners Association (the Applicant) for a variance from the terms of the City's Recreational Beachlot Ordinance to allow certain improvements to Outlot B, Lotus Lake Estates. The City Council has heard testimony from all interested persons wishing to speak at each of its meetings to consider this request, and now makes the following findings of fact: FINDINGS OF FACT 1. Lotus Lake Estates is a residential subdivision platted in 1979 and located along the eastern shore of Lotus Lake in the City of Chanhassen (the City). The subdivision is zoned P-1, Planned Residential Development and consists of 44 single- family homes and Outlot B. 2. Outlot B occupies the entire lakeshore area of the subdivision. It is approximately 900 feet long along the lake and varies between 50 feet to 150 feet wide. Its total area is approx- imately 3.5 acres. Outlot B is presently used as a recreational beachlot, as that term is defined in the City's Beachlot Ordinance, and is owned and used exclusively by the owners of the 44 lots in Lotus Lake Estates. 3. The City and the developer of Lotus Lake Estates entered into a development contract at the time of the platting of the subdivision which provides, in part: 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 0 0 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 and procedure shall be as set forth in Section 23 of the Chanhassen Zoning Ordinance. 4. Pursuant to the Development Contract, a permit and agreement was approved by the City for the use of Outlot B. The permit and agreement was subsequently amended on April 22, 1982. The permit and agreement as amended presently allow: A. A sand beachlot swim area; B. A pedestrian walkway; C. Four boat racks; D. One dock, with overnight storage thereon of four non - motorized boats; E. One swimming raft; and F. One conversation pit. The Applicant's present use of Outlot B is in conformance with the existing permit and approvals. 5. The Applicant has requested an amendment to the permit and a variance to the City's Recreational Beachlot Ordinance to allow overnight storage at the existing dock of five boats, without restrictions regarding motors, and to allow the installation of an additional dock for fishing purposes only in the northerly portion of Outlot B. 6. The City Council finds that the requested amendment to the permit is reasonable and that a variance from the strict language of the City's Recreational Beachlot Ordinance is appropriate under the unique circumstances of this situation, for the following reasons: A. There are special circumstances or conditions affecting Outlot B, both with respect to the history behind its creation and its physical characteristics, which make a variance appropriate. 1. Lotus Lake Estates and Outlot B were platted and the Development Agreement entered into prior to adoption of the City's Recreational Beachlot Ordinance and the prohibition on overnight storage of boats at recreational beachlots. 2. 0 0 2. Outlot B is unique among recreational beachlots in the City due to its large area and lengthy shoreline frontage. Outlot B is five times bigger than required by the recreational beachlot ordinance. If platted as part of individual lots, the 900 feet of lakeshore frontage contained in Outlot B would allow up to 7 to 9 individually owned lots which, in turn, could support, under existing City ordinances, up to 45 watercraft. 3. The large area and lakeshore frontage of Outlot B allows for the dispersion over a wide area of boating and other activities so that no congestion or congested look will result. 4. Outlot B is also unique in that due to the steep grade from Choctaw Circle to the shoreline, the lake is not accessible by motor vehicle from the subdivision for the launching of watercraft. 5. Outlot B is also unique in that there are no individual property owners adjacent to either end of Outlot B or located in immediate proximity to Outlot B. The public uses on either side of Outlot B are not of a nature which will be adversely affected by the existing and proposed use of Outlot B. B. Granting the variance sought is necessary for the preservation and enjoyment of substantial property rights. 1. The inability to launch or store motorized watercraft overnight on Outlot B requires homeowners in the subdivision to carry fishing motors up and down a steep grade between the lake and Choctaw Circle. This creates safety concerns, particularly for older homeowners who enjoy fishing, and seriously undermines the enjoyment of their riparian property rights. 2. The inability to launch or store motorized watercraft on Outlot B requires homeowners with motorized craft to transport them daily to public launching sites located at a considerable distance from Lotus Lake Estates, which adversely affects the enjoyment of their riparian property rights. 3. The inability to launch or store motorized watercraft on Outlot B has detrimentally affected property values for Outlot B itself and for individual homes in the Lotus Lake Estates Subdivision, and has made it difficult for homeowners to sell their homes. The requested variance is necessary to preserve these property values. 3. 6 0 C. Granting a variance allowing limited overnight storage of motorized watercraft on Outlot B and the installation of a fishing dock will not be materially detrimental to the public welfare nor injurious to property in the area adjacent to Outlot B. 1. Outlot B is unique in that there are no individual property owners immediately adjacent to either end of Outlot B, nor in the immediate proximity. Overnight storage of motorized watercraft and the installation of a fishing dock will not be injurious to nor materially affect in any way the property in the area adjacent to Outlot B. 2. The variance will allow only the same number of motorized watercraft as could be placed on the property if it were in individual ownership, and the number of motorized watercraft will be considerably less than if Outlot B had been subdivided into several individually owned parcels. The public welfare is served by this reduced intensity of use of such a large piece of.lakeshore frontage. 3. The fishing only dock will not affect any other person's use or enjoyment of Lotus Lake, and will be beneficial to the public welfare and will serve public safety by separating fishing and boating uses. Due to its location at the opposite end of Outlot B from the boating dock, and due to the extraordinary length of Outlot B, there will be no detrimental visual or other impact by the allowance of two docks on this outlot. D. Granting the variance sought is in keeping with the spirit and intent of the City's Zoning Ordinance. 1. The purpose of prohibiting overnight storage of watercraft on recreational beachlots is to protect adjacent property owners and the City's lakes from overuse and abuse. Because there are no adjacent property owners, and because the granting of the variance will allow no greater use of motorized watercraft than if Outlot B were individually owned -- and considerably less use than if the Outlot were divided into several individually owned parcels -- the variance will have no adverse impact on Lotus Lake and is in keeping with the spirit and intent of the Zoning Ordinance. E. The characteristics of Outlot B set forth above make it unique in the City of Chanhassen. No single characteristic or factor is sufficient to make the granting of this variance appropriate. However, taken together, the combination of the unique physical characteristics of Outlot B and the historical background behind its creation make this an appro- priate situation in which to grant a variance from the strict requirements of the City's Recreational Beachlot Ordinance. 4. TL�/.T C T/lTT A variance from the provisions of the City's Beachlot Ordinance to allow five boats at the existing dock on Outlot B, without restrictions as to motors, and to allow the installation of an additional fishing only dock to be located in the northern portion of Outlot B, is appropriate and is granted. This approval is conditioned on the Applicant consulting with City staff regarding the precise location of the fishing dock prior to its installation. ADOPTED THIS 19th DAY OF NOVEMBER, 1984. CITY OF CHANHASSEN By: Thomas Hamilton, Mayor ATTEST: Don Ashworth, City Manager Clerk 5. • CITY16OF 6 CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Mayor and City Council FROM: Don Ashworth, City Manager DATE: October 15, 1984 SUBJ: Lotus Lake Estates Beachlot On August 20, 1984, the City Council considered three separate requests from the Lotus Lake Estates Homeowners Associations: - An ordinance amendment which would allow for the overnight storage of motorized boats on beachlots; A variance request which would allow their Association to have motorized watercraft overnight and install one addi- tional dock; and - A conditional use permit request to allow recreational beachlot improvements. All of the attached proposals would accomplish the same objec- tives for the Lotus Lake Homeowner's Association. They preferred the second alternative, the variance, noting they believed their beachlot was significantly different than other beachlots within the community. The primary point presented by the Association was the significant size of the lake frontage in comparison to typical dockage standards. City Council action on August 20th was to deny both requests of the Homeowners Association. Further, the Council directed the City Attorney's office to place into written form the discussion which had occurred at that Council meeting. On September 10th the Council reviewed the City Attorney's draft of the previous meeting. Affected persons were again afforded the opportunity to speak. Based on input received that evening and an apparent reduction in the overall request by the Homeowners Association, the Council determined to table action on this item. Mayor Hamilton noted that he would be willing to meet with the Homeowners Association in an attempt to resolve the issue and would report his findings to the City Council on October 1st or 15th. Action on this item was delayed to October ATrAGHMENT *-4 Mayor and Council October 15, 1984 Page 2 15th to allow the Association to again formally meet and vote on whether a reduced request would be acceptable to that organization. Mayor Hamilton will present the results of the meeting with the Homeowners Association Monday evening. CITY00F - CHANHASSrx 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Mayor and City Council FROM: Don Ashworth, City Manager DATE: September 10, 1984 SUBJ: Conditional Use Permit and Variances, Lotus Lake Estates Homeowner's Association, Findings and Decision On September 10th the City Council considered the application of the Lotus Lake Homeowner's Association for a conditional use per- mit and variances to allow certain recreational beachlot improve- ments. The Council considered numerous types of input in regard to this item. The Council favored denial of the request and asked that the City Attorney place City Council comments into a "Findings and Decision" format. Final action was tabled until the City Attorney completed preparation of the "Findings and Decision" document. Attached is the City Attorney's draft of comments made by the City Council on September 10th. It is recommended, following closing of the hearing on this item, that the City Council act to approve, deny, or modify the Findings and Decision and, secon- darily, to act on the minutes of September 10th. ATTF'-rArA JT '*_6 STATE OF MINNESOTA CITY OF CHANHASSEN COUNTIES OF CARVER AND HENNEPIN FINDINGS AND DECISION On August 20 and September 10, 1984, the Chanhassen City Council met at its regularly scheduled meetings to consider the application of the Lotus Lake Estates Homeowners Association for a conditional use permit and variances to allow certain recreational beachlot improvements to Outlot 13, Lotus Lake Estates. FINDINGS OF FACT 1. The applicant has applied to the City for a condi- tional use permit and variances for the following on Outlot B of Lotus Lake Estates: a. Installation of a second seasonal dock; b. Overnight storage of up to ten watercraft with or without motors; 2. In 1979 the City and developer of Lotus Lake Estates entered into a development contract which provides in part: 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 develop- ment contract, said permit shall be deemed to be a con- ditional use permit and the permit application process and procedure shall be as set forth in Section 23 of the Chanhassen Zoning Ordinance. 3. Pursuant to the development contract a permit and agreement was approved by the City for the use of Outlot B. The permit and agreement was subsequently amended on April 22, 1982. The permit and agreement as amended allows: a. A sand beachlot swim area; b. A pedestrian walkway; 0 0 C. Four boat racks; d. One dock; e. One swimming raft; f. One conversation pit -fire hole. 4. The property is zoned P-1, planned residential develop- ment district. The property is presently used as a recreational beach lot. 5. The City's zoning ordinance provides that all recrea- tional beach lots are conditional uses. Overnight storage of water- craft and more than one dock per lot are prohibited. 6. There are no special circumstances or conditions affecting the land or use which justify variances. 7. Granting the variances is not necessary for the preser- vation or enjoyment of a substantial property right. The property is afforded reasonable uses by the zoning ordinance and under the existing permit and agreement. 8. Granting the variances would be materially detrimental to the public welfare and injurious to Lotus Lake. The water qual- ity of Lotus Lake is poor in part because of overuse. Overuse also creates safety problems and makes it increasingly difficult for anyone to enjoy the lake. Granting the variances would exasperate these problems by facilitating increased use of the lake. 9. Granting the variances would not be in keeping with the intent and purpose of the recreational beach lot provisions of the zoning ordinance. A primary purpose of the ordinance provisions is to prevent overuse of the City's lakes. Granting the variance would have the opposite result. 10. The proposals are inconsistent with the city's compre- hensive plan. -2- DECISION The application for variances for a second seasonal dock and overnight storage of watercraft with or without motors is denied. Without the variances, the amendment to the conditional use permit cannot be granted. Adopted the 10th day of September, 1984. CITY OF CHANHASSEN BY Thomas Hamilton, Mayor ATTEST: Don Ashworth, City Manager/Clerk -3- • CITY SOF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Mayor and City Council FROM: Don Ashworth, City Manager DATE: August 20, 1984 SUBJ: Variance Requests, Lotus Lake Estates and Sunny Slope Addition Hopefully, the Community Development Director's memorandums on these two issues (items 12, 13 and 14) present all facts and background information for the Council to make a decision upon. Whether boats are allowed to be docked overnight on a beachlot is solely a policy issue. I know of no standards used by other cities or other typical policies used by other cities by which com- parisons can be drawn. Similarly, administration of the ordi- nance would not change whether you allowed overnight dockage or not. Again, I see this issue as a policy question. However, I do believe it is important for the Council to recognize that such will have a significant impact upon future decisions, i.e: - Overnight Dockage Rights: A decision to approve overnight dockage will assuredly generate a similar request from all other beachlots within the community. The Council should consider the overall intent and purpose of the beachlot ordinance in making this decision and determine if such a right is desired on all beachlots; and - Additional Dockage Rights: Similar to above, any decision made to allow additional boats or an additional dock will assuredly generate similar requests from other beachlots and from private lots who feel they similarly have larger than average frontage, etc; and - Motorized Watercraft: The current conditional use permit calls for no motorized watercraft. This decision was made in light of -a number trade-offs by both the City and the homeowners association. A decision to change a negotiated settlement could be a signal to others who wish to re- negotiate their contracts. The allowance to have a beachlot is a privilege. The ordinance which created this privilege was developed considering a number 0 Mayor and Council August 20, 1984 Page 2 0 of trade-offs including property rights of the beachlot owners, effects of increased lake usage on the lake itself and neighbors, etc. If those trade-offs are to be reconsidered, they should be considered through amendment of the ordinance and in light of the total ordinance - not through variance. Rev. 1/11/02 • • Rev. 2/17/82 r CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE 47AB AN ORDINANCE AMENDING SECTION 4.02, 5, 6.04, 7.04 AND 14.04 OF THE CHANHASSEN ZONING ORDINANCE. THE CITY COUNCIL ORDAINS: Section 1. Purpose and Intent. The City of Chanhassen is authorized to enact regulations relating to the surface use of public waters and the adjoining shoreline, lying wholly or partially, within its legal boundaries. Said regulations may control the surface use of public waters and the conduct of other activities on public waters and adjoining shoreland. This ordinance is enacted for the purpose of exercising such authority so as to secure the public health, safety and welfare, the most general public use of the surface of public waters, the conservation of water resources and protection of the surrounding environment. The City Council's purpose for enacting this ordinance is to promote public health, safety, and general welfare, to promote safety and sanitation in the use of public waters, to keep public waters open for general public use, to avoid pollution and uncontrolled and excessive use of public waters for docks, moorings and other structures, and to eliminate unsafe and excessive installations of docks, boat mooring areas and other fixed or floating structures on the lakes. While this ordinance does regulate both the establishment of new recreational beach lots and the further development of existing recreational beach lots, it is not the intent of this ordinance to limit or prohibit usages of recreational beach lots which are already existing at the time of the adoption of this ordinance. Rather, it is the intent of this ordinance to preserve the present quality of public waters by preventing uncontrolled and excessive use of the surface of public waters, the abutting shoreline, and thus securing the safety of the public in the use of public waters. Section 2. Section 4.02 of Ordinance 47, as adopted and amended heretofore, is hereby amended by adding the following definitions: Section 4.02. Definitions. "Boat Launch" means any portion of a body of public water along or landward of the natural shoreline deep enough Rev. 1/li/82 • • 2/17/82 for recreational water navigation or for the launching of watercraft, and so situated with respect to shoreline feature as to provide (a) protection from winds, saves, ice and currents, or (b) the facile launching of watercraft. "Cross Bar" means that portion of any "L" shaped or "T" shaped seasonal dock or permanent dock which is approximately parallel in alignment to the abutting shoreline or abutting ordinary high water mark. "Dock" means seasonal dock or permanent dock. "Dock Set -Back zone" means that portion of any body of water lying within one hundred (100) feet of the ordinary high water mark and which is bounded by (a) the extended side lot lines of any lakeshore site and (b) by a line inside of and running parallel to and ten (10) feet distant from the extended side lot lines of any lakeshore site, as measured at right angles to said extended side lot lines. "Homeowner Association" means any private corporation, private club, unincorporated association, or non-profit organization, which owns, leases or operates a recreational beach lot, for the purpose of providing access to public waters for its members, shareholders, owners and beneficiaries. "Lakeshore Site" means any lot, parcel or other tract of land legally subdivided and recorded in the office of the County Recorder or Registrar of Titles and which abuts any body of public water. "Mooring Area means an area of concentrated watercraft mooring, except that mooring area does not mean permanent or seasonal dock. "Ordinary High Water Mark" means a mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape; the ordinary high water mark is commonly that point where natural vegetation changes from predominantly aquatic to predominantly terrestial. "Overnight" means any time between the hours of 2:00 A.M. and 5:00 A.M. of any day. " Permanent Dock" means any dock other than a seasonal dock as defined in this ordinance. -2- Rev. i/il/82 2/17/82 "Public Water"or"Public Waters" means any waters of the State of Minnesota which serve a beneficial public purpose, as defined in Minnesota Statutes 1974, Section 105.37, Subdivisionl4, including but not limited to the following bodies of water: Rice Marsh Lake Lake Riley Lotus Lake Lake Lucy Lake Harrison Lake Minnewashta Lake St. Joe Lake Ann Lake Susan Rice Lake Silver Lake Christmas Lake Minnesota River "Recreational Beachlot" means any tract of land owned, leased, or operated by a homeowner association or by a residential housing developer, and which abuts on public waters, situated wholly or partly within the boundaries of the City of Chanhassen, and which affords the members, owners, or beneficiaries of said homeowner association or residential housing developer access to said public waters. "Residential Neighborhood Association" means homeowner association. "Seasonal Dock" means any dock designed and constructed so that it may be removed from a body of public water on a seasonal basis; all components such as supports, legs, decking and footing must be capable of removal by non -mechanized means. Section 3. Section 6.04 of Ordinance 47, as adopted and amen e heretofore, is hereby amended by adding a paragraph numbered 10 reading as follows: Section 6.04. Uses by Conditional Use Permit. 10. Recreational beach lots, provided that, in addition to such other conditions as may be prescribed by any conditional use permit, the following minimum standards shall apply: a. No structure, ice fishing house, camper, trailer, tent recreational vehicle or shelter shall be erected, maintained, or stored upon any recreational beach lot; provided, however, that professionally maintained portable chemical toilet facilities may be placed upon any recreational beach lot if located not less than seventy-five (75) feet from the ordinary high water mark. -3- V . 1/ 11/ 6 L 2/17/82 b. No motor vehicle, including but not limited to .any motorcycle, motorized mini -bike, all -terrain vehicle, or snowmobile, shall be driven upon or parked upon any recreational beach lot. C. No recreational beach lot shall be used for overnight camping purposes. d. No recreational beach lot shall be used for purposes of overnight storage or overnight mooring of watercraft in abutting waters, or overnight docking of boats, or other watercraft; provided, however, that canoes may be stored overnight on any recreational beach lot if said canoes are stored in canoe racks specifically desiqned for that purpose. Docking of watercraft or seaplanes is permissible, however, at any time otiier than overnight. e. Ao boat trailer shall be allowed upon any recrea- tional beach lot; boats, seaplanes or other water- craft may be launched from any recreational beach lot if accomplished without the use of any motor vehicle, trailer, or wheeled dolly. f. No seasonal dock or permanent dock shall be permitted on any recreational beachlot, unless said recreational beachlot is not less than one hundred (100) feet wide at both the ordinary high water mark and at a point one hundred (100) feet landward from the ordinary high water mark, One dock may be erected upon any recreational beach lot which meets the minimum dimensional requirements set forth in both this subparagraph "f" and in subparagraph "g" of this Section 6.04(10). g. No recreational beach lot dock shall exceed six (6) feet in width, and no such dock shall exceed the greater of the following lengths: (a) fifty (50) feet or, (b) the minimum straight-line distance necessary to reach a water depth of four (4) feet. -4- itev. ljll/82 . 2/17/82 • The width (but not the length) of the cross -bar of any "T" or "L" shaped dock shall be included in the computation of length described in the preceding sentence. The cross -bar of any such dock shall not measure in excess of twenty-five(25) feet in length. No dock shall encroach upon any dock set -back zone, provided, however, that the owners of any two abutting lakeshore sites may erect one common dock within the dock set -back zone appurtenant to said abutting lakeshore sites, if said common dock is the only dock on said two lakeshore sites and if said dock otherwise conforms with the provisions of this ordinance. h. Each recreational beach lot shall have a width, measured both at the ordinary high water mark and at a point one hundred (100) feet landward from the ordinary high water mark, of not less than four (4) lineal feet for each dwelling unit which has appurtenant rights of access to said recreational beach lot accruing to the owners or occupants of that dwelling unit under applicable rules of the homeowner association or residential housing developers. i. At least eighty percent (80%) of the dwelling units, which have appurtenant rights of access to any recreational beach lot, shall be located within at least one thousand (1000) feet of said recreational beach lot. j. All recreational beach lots, including any recreational beach lots established prior to the effective date of this ordinance may be used for swimming beach purposes, but only if swimming areas are clearly delineated with official U.S. Coast Guard marker buoys. Section 4. Section 7.04 of Ordinance 47, as adopted and amended heretofore, is hereby amended by adding a paragraph numbered 9, reading as follows: Section 7.04. Uses by Conditional Use Permit. 9. Recreational beach lots, provided that, in addition to such other conditions as may be prescribed by any conditional use permit, the following minimum standards shall apply: a. No structure, ice fishing house, camper, trailer, tent recreational vehicle or shelter shall be erected, maintained, or stored upon any recreational beach lot; provided, however, that professionally maintained portable chemical toilet facilities may be placed upon any recreational beach lot if located not less than seventy-five (75) feet from the ordinary high water mark. -5- 2/17/82 b. No motor vehicle, including but not limited to any motorcycle, motorized mini -bike, all -terrain vehicle, or slnwmobile, shall be driven upon or parked upon any recreational beach lot. C. No recreational beach lot shall be used for overnight camping purposes. d. No recreational beach lot shall be used for purpose:: of overnight sLorage or overnight mooring of watercraft in abutting waters, or overnight docking of boats, or other watercraft; provided, however, that canoes may be stored overnight on any recreational beach lot if said canoes are stored in canoe racks specifically desiqned for that purpose. Docking of watercraft or seaplanes is permissible, however, at any time other than ov-Crnight. e- No boat trailer shall be allowed upon any recroa- Lional beaca lot-; boats, seaplanes or other water- craft may be launched from any recreational bcaca lot if accomplished without the use of any motor vehicle, trailer, or wheeled dolly. f. No seasonal dock or permanent dock shall be permitted on any recreational beachlot, unless said recreational beachlot is not less than one hundred (100) feet wide at both the ordinary high water mark and at a point one hundred (100) feet landward from the ordinary -'high water mark. One dock may be erected upon any recreational beach lot which meets the minimum dimensional requirements set forth in both this subparagraph "f" and in subparagraph "g" of this Section 6.04(10) g. No recreational beach lot dock shall exceed six (G) feet in width, and ;10 such dock shall exceed the greater of the following lengths: (a) fifty (50) feet or, (b) the minimum straight-line distance necessary to reach a water depth of four (4) feet. -6- • f 2/17/82 'ti width (but not the length of thu cross-har of any "T" or "L" shaped dock shall be included in the computation of length described in the preceding sentence. The cross -bar of any such dock shall not measure in excess of twenty-five(25) feet in length. No dock shall encroach upon any dock set -back zone, provided, however, that the owners of any two abutting lakeshore sites may erect one common dock within the dock set -back zone appurtenant to said abutting lakeshore sites, if said common dock is the only dock on said two lakeshore sites and if said dock Otherwise conforms with the provisions of this ordinance. h. Each recreational beach lot shall have a width, measured both at the ordinary high water mark and at a point one hundred (100) feet landward from the ordinary high water mark, of not less than four (4) lineal feet for each dwelling unit which has appurtenant rights of access to said recreational beach lot accruing to the owners or occupants of that dwelling unit under applicable rules of the homeowner association or residential housing developers. i. At least eighty percent (80%) of the dwalling units, which have appurtenant rights of access to any recreational beach lot-, shall be located within at least one thousand (1000) feet of said recreational beach lot. j. All recreational beach lots, including any recreational beach lots established prior to the effective date of this ordinance may be used for swimming beach purposes, but only if swimming areas are clearly delineated with official U.S. Coast Guard marker buovs. Section 5. Section 14.04 of Ordinance 47, as adopted and amended heretofore, is hereby amended by adding a paragraph numbered 2, reading as follows: Section 14.04. Conditional Uses. 2• Recreational beach lots, provided that, in addition to such other conditions as may be prescribed by any conditional use permit, the following minimum standards shall apply: a. No structure, ice fishing house, camper, trailer, tent recreational vehicle or shelter shall be erected, maintained, or stored upon any recreational beach lot; provided, however, that professionally maintained portable chemical toilet facilities may be placed upon any recreational beach lot if located not less than seventy-five (75) feet from the ordinary high water mark. -7- 2/17/82 b. No motor vohicle, including but not limited to any motorcycle, nw W rized mini -bike, all -terrain vehicle, or ezz)wmob.ile, shall be driven upon or parked upon any recreational beach lot. C. No recreational beach lot shall be used for overnight camping purposes. d. No recreational beach lot- shall be used for purposes of overniyht storage or overnight mooring of watercraft in abutting waters, or overnight docking of boats, or other watercraft; provided, however, that canoes may be stored overnight on any recreational beach lot if said canoes are stored in canoe racks specifically designed for that purpose. Docking of watercraft or seaplanes is permissible, however, at any time other than overnigiit. e. No coat trail --r shall be allowed upon any recrea- tional beac)1 lot; boats, seaplanes or other water-- crafc may be launched from any recreational beach lot if accomplished without the use of any motor vehicle, trailer, or wheeled dolly. f. No seasonal dock or permanent dock shall be permitted on any recreational beachlot, unless said recreational beachlot is not less than one hundred (100) feet wide at both the ordinary high water mark and at a point one hundred (100) feet landward from the ordinary high water mark. One dock may be erected upon any recreational beach lot which meets the minimum dimensional requirements set forth in both this subparagraph "f" and in subparagraph "g" of this Section 6.04(10) g. No recreational beach lot dock shall exceed six (G) feet in width, and no such dock shall exceed the greater of the following lengths: (a) fifty (50) feet or, (b) the minimum straight-line distance necessary to reach a water depth of four (4) feet. -8- 1/17/82 '11 width (but not the lcn9tl• of the cross -bar of any "'1"' or "L" shaped dock shall be included in the computation of length described in the preceding sentence. The cross -bar of any such duck shall not measure in excess of twenty-five(25) feet in length. No dock shall encroach upon any clock set -back zone, provided, however, that the owners of any two abutting lakeshore sites may erect one common dock within the dock set -back zone appurtenant to said abutting lakeshore sites, if said common dock is the only dock on said two lakeshore site:: and if said dock otherwise conforms with the provisions of this ordinance. h. Each recreational beach lot shall have a width, measured both at the ordinary high water mark and at a point one hundred (100) feet landward from the ordi.nary high water mark, of not less than four (4) lineal feet for each dwelling unit which has appurtenant rights of access to said recreational beach lot accruing to the owners or occupants of that dwelling unit under applicable rules of the homeowner association or residential housing developers. i. At least eighty percent (80%) of the dwelling units, which have appurtenant- rights of access to any recreational beach lot, shall be located within at least: one thousand (1000) feet of said recreational beach lot. j. All recreational beach lots, including any recreational beach lots established prior to the effective date of this ordinance may be used for sw.inuning beach purposes, but only if swimming areas are clearly delineated with Official U.S. Coast Guard marker buoys. ME atl:V 1/ 11/ UL 2/17/82 Section 6. Section 5 of Ordinance 47, as adopted and amended heretofore, is hereby amended by adding a Section 5.021, reading as follows: Section 5.021. Recreational Beach Lot The location of each recreational beach lot existing on the date of the adoption of this ordinance are as shown on that certain map entitled "Recreational Beach Lot Map" dated June , 1981 , on file in the office of the City Clerk. Said Recreational Beach Lot Map and all notations, references, and data shown thereon are hereby incorporated by reference into this ordinance and shall have the same effect as if fully set forth and described hereon. It shall be the responsibility of the Zoning Administrator to maintain said recreational beach lot map, and the location of new recreational beach lots for which conditional use permits have been issued pursuant to this ordinance, shall be recorded on said map within thirty (30) days after issuance of any such conditional use permit. Section 7. Effect onExisting Recreational Beach Lots. Recr� onal Beach Lots established prior to the effective date of this ordinance which do not meet all of the minimum standards set forth in Sections 2, 3 4, and 5 above, shall be deemed to be nonconforming uses; provided, however, that the continuation provisions of Section 20.01 of Ordinance 47, as amended, shall not be deemed to apply to recreational beach lots established prior to the effective date of this ordinance. Docks or buildings lawfully existing on any recreational beach lot at the time of the adoption of this ordinance which do not comply with the limitations set forth in this ordinance shall be deemed to be nonconforming uses. No such nonconforming dock or building shall be enlarged or altered, or increased, or occupy a greater area than that occupied by such dock or building on the effective date of this ordinance or any amendment thereto. A nonconforming dock or building shall not be moved to any other part of the lakeshore site upon which the same is erected, unless it is relocated in such a manner as to conform to the dock set -back zone requirements of this ordinance. Any nonconforming dock or building which is partially or totally destroyed by any cause may be restored to its former use and physical dimensions, if said restoration is completed within one year of its partial or total -10- i destruction. Maintenance and necessary structural repairs of a nonconforming dock or building are permitted provided that any such maintenance or repairs do not extend, enlarge, or intensify such dock or building. Section 8. Effective Date. This ordinance shall become effe— ctive from and after the passage and publication. Passed and adopted by the Council on this 18th day of January , 19 82 MSI c Attest: City Clerk Manager Public hearings held on May 27; June 17; July 22 , 19 81 Published in Carver County Hera on arc 17 , 19 82 -11- Recreational Beach Lot Map (See Section 5.021) To Be Supplied By Staff Depicting Location of Existing Recreational Beach Lots -12- MEMORANDUM 9 CITY03F CHANHASSEN' 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 TO: Mayor and City Council FROM: Don Ashworth, City Manager DATE: August 20, 1984 SUBJ: Variance Requests, Lotus Lake Estates and Sunny Slope Addition Hopefully, the Community Development Director's memorandums on these two issues (items 12, 13 and 14) present all facts and background information for the Council to make a decision upon. Whether boats are allowed to be docked overnight on a beaohlot is solely a policy issue. I know of no standards used by other cities or other typical policies used by other cities by which com- parisons can be drawn. Similarly, administration of the ordi- nance would not change whether you allowed overnight dockage or not. Again, I see this issue as a policy question. However, I do believe it is important for the Council to recognize that such will have a significant impact upon future decisions, i.e: Overnight Dockage Rights: A decision to approve overnight dockage will assuredly generate a similar request from all other beachlots within the community. The Council should consider the overall intent and purpose of the beachlot ordinance in making this decision and determine if such a right is desired on all beachlots; and - Additional Dockage Rights: Similar to above, any decision made to allow additional boats or an additional dock will assuredly generate similar requests from other beachlots and from private lots who feel they similarly have larger than average frontage, etc; and - Motorized Watercraft: The current conditional use permit calls for no motorized watercraft. This decision was made in light of a number trade-offs by both the City and the homeowners association. A decision to change a negotiated settlement could be a signal to others who wish to re- negotiate their contracts. The allowance to have a beachlot is a privilege. The ordinance which created this privilege was developed considering a number A`TTAC_4m6 T # 7 Mayor and Council August 20, 1984 Page 2 of trade-offs including property rights of the beachlot owners,. effects of increased lake usage on the lake itself and neighbors, etc. If those trade-offs are to be reconsidered, they should be considered through amendment of the ordinance and in light of the total ordinance - not through variance. a / I;C:v. i/1i/02 Rev. 2/17/82 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE 47AB AN ORDINANCE AMENDING SECTION 4.02, 5, 6.04, 7.04 AND 14.04 OF THE CHANHASSEN ZONING ORDINANCE. THE CITY COUNCIL ORDAINS: Section 1. Purpose and Intent. The City of Chanhassen TS authorized to enact regulations relating to the surface use of public waters and the adjoining shoreline, lying wholly or partially, within its legal boundaries. Said regulations may control the surface use of public waters and the conduct of other activities on public waters and adjoining shoreland. This ordinance is enacted for the purpose of exercising such authority so as to secure the public health, safety and welfare, the most general public use of the surface of public waters, the conservation of water resources and protection of the surrounding environment. The City Council's purpose for enacting this ordinance is to promote public health, safety, and general welfare, to promote safety and sanitation in the use of public waters, to keep public waters open for general public use, to avoid pollution and uncontrolled and excessive use of public waters for docks, moorings and other structures, and to eliminate unsafe and excessive installations of docks, boat mooring areas and other fixed or floating structures on the lakes. While this ordinance does regulate both the establishment of new recreational beach lots and the further development of existing recreational beach lots, it is not the intent of this ordinance to limit or prohibit usages ,of recreational beach lots which are already existing at the time of the adoption of this ordinance. Rather, it is the intent of this ordinance to preserve the present quality of public waters by preventing uncontrolled and excessive use of the surface of public waters, the abutting shoreline, and thus securing the safety of the public in the use of public waters. Section 2. Section 4.02 of Ordinance 47, as adopted and amended heretofore, is hereby amended by adding the following definitions: Section 4.02. Definitions. "Boat Launch" means any portion of a body of public water along or landward of the natural shoreline deep enough ATTR t+Mti4Jr "*8 2/17/£32 for recreational water navigation or for the launching of watercraft, and so situated with respect to shoreline feature as to provide (a) protection from winds, saves, ice and currents, or (b) the facile launching of watercraft. "Cross Bar" means that portion of any "L" shaped or "T" shaped seasonal dock or permanent dock which is approximately parallel in alignment to the abutting shoreline or abutting ordinary high coater mark. "Dock" means seasonal dock or permanent dock. "Dock Set -Back Zone" means that portion of any body of water lying within one hundred (100) feet of the ordinary high water mark and which is bounded by (a) the extended side lot lines of any lakeshore site and (b) by a line inside of and running parallel to and ten (10) feet distant from the extended side lot lines of any lakeshore site, as measured at right angles to said extended side lot lines. "Homeowner Association" means any private corporation, private club, unincorporated association, or non-profit organization, which owns, leases or operates a recreational beach lot, for the purpose of providing access to public waters for its members, shareholders, owners and beneficiaries. "Lakeshore Site" means any lot, parcel or other tract of land legally subdivided and recorded in the office of the County Recorder or Registrar of Titles and which abuts any body of public water. "Mooring Area means an area of concentrated watercraft mooring, except that mooring area does not mean permanent or seasonal dock. "Ordinary High water Mark" means a mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape; the ordinary high water mark is commonly that point where natural vegetation changes from predominantly aquatic to predominantly terrestial. "Overnight" means any time between the hours of 2:00 A.M. and 5:00 A.M. of any day. " Permanent Dock" means any dock other than a seasonal dock as defined in this ordinance. -2- L "Public water" or "Public Waters" State of Minnesota which serve a as defined in Minnesota Statutes Subdivisionl4, including but not following bodies of water: 2/17/82 OF means any waters of the beneficial public purpose, 1974, Section 105.37, limited to the Rice Marsh Lake Lake Riley Lotus Lake Lake Lucy Lake Harrison Lake Minnewashta Lake St. Joe Lake Ann Lake Susan Rice Lake Silver Lake Christmas Lake Minnesota River "Recreational Beachlot" means any tract of land owned, leased, or operated by a homeowner association or by a residential housing developer, and which abuts on public waters, situated wholly or partly within the boundaries of the City of Chanhassen, and which affords the members, owners, or beneficiaries of said homeowner association or residential housing developer access to said public waters. "Residential Neighborhood Association" means homeowner association. "Seasonal Dock" means any dock designed and constructed so that it may be removed from a body of public water on a seasonal basis; all components such as supports, legs, decking and footing must be capable of removal by non -mechanized means. Section 3. Section 6.04 of Ordinance 47, as adopted and amended heretofore, is hereby amended by adding a paragraph numbered 10 reading as follows: Section 6.04. Uses Conditional Use Permit. 10. Recreational beach lots, provided that, in addition to such other conditions as may be prescribed by any conditional use permit, the following minimum standards shall apply: a. No structure, ice fishing house, camper, trailer, tent recreational vehicle or shelter shall pc erected, maintained, or stored upon any recreational beach lot; provided, however, that professionally maintained portable chemical toilet facilities may be placed upon any recreational beach lot if located not less than seventy-five (75) feet from the ordinary high water mark. -3- b. OF 2/17/82 No motor vehicle, including but not limited to any motorcycle, motorized mini -bike, all -terrain vehicle, or srowmobile, shall be driven upon or parked upon any recreational beach lot. C. No recreational beach lot shall be used for overnight camping purposes. d. No recreational beach lot shall be used for purposes of overnight storage or overnight mooring of watercraft in abutting waters, or overnight docking of boats, or other watercraft; provided, however, that canoes may be stored overnight on any recreational beach lot if said canoes are stored in canoe racks specifically designed for that purpose. Docking of watercraft or seaplanes is permissible, however, at any Lime other than overnight. e. No boat trailer shall be allowed upon any recrea- tional beach lot; boats, seaplanes or other water- craft may be launched from any recreational beach lot if accomplished without the use of any motor vehicle, trailer, or wheeled dolly. f. No seasonal dock or permanent dock shall be permitted on any recreational beachlot, unless said recreational beachlot is not less than one hundred (100) feet wide at both the ordinary high water mark and at a point one hundred (100) feet landward from the ordinary high water mark, One dock may be erected upon any recreational beach lot which meets the minimum dimensional requirements set forth in both this subparagraph "f" and in subparagraph "g" of this Section 6.04(10) g. No recreational beach lot dock shall exceed six (6) feet in width, and ao such dock shall 2xceed the greater of the following lengths: (a) fifty (50) feet or, (13) the minimum straight-line distance necessary to reach a water depth of four (4) feet. -4- 2/17/820C or The width (but not the length) of the cross -bar of any "T" or "L" shaped dock shall be included in the computation of length described in the preceding sentence. The cross -bar of any such dock shall not measure in excess of twenty-five(25) feet in length. No dock shall encroach upon any dock set -back zone, provided, however, that the owners of any two abutting lakeshore sites may erect one common dock within the dock set -back zone appurtenant to said abutting lakeshore sites, if said common dock is the only dock on said two lakeshore sites and if said dock otherwise conforms with the provisions of this ordinance. h. Each recreational beach lot shall have a width, measured both at the ordinary high water mark and at a point one hundred (100) feet landward from the ordinary high water mark, of not less than four (4) lineal feet for each dwelling unit which has appurtenant rights of access to said recreational beach lot accruing to the owners or occupants of that dwelling unit under applicable rules of the homeowner association or residential housing developers. i. At least eighty percent (80^) of the dwelling units, which have appurtenant rights of access to any recreational beach lot, shall be located within at least one thousand (1000) feet of said recreational beach lot. j. All recreational beach lots, including any recreational beach lots established prior to the effective date of this ordinance may be used for swimming beach purposes, but only if swimming areas are clearly delineated with official U.S. Coast Guard marker buoys. Section 4. Section 7.04 of Ordinance 47, as adopted and amended heretofore, is hereby amended by adding a paragraph numbered 9, reading as follows: Section 7.04. Uses by Conditional Use Permit. 9_ Recreational beach lots, provided that, in addition to such other conditions as may be prescribed by any conditional use permit, the following minimum standards shall apply: a. No structure, ice fishing house, camper, trailer, tent recreational vehicle or shelter shall be erected, maintained, or stured upon any recreational beach lot; provided, however, that professionally maintained portable chemical toilet facilities may be placed upon any recreational beach lot if located not less than suventy-five (75) feet from the ordinary_ high water mark. -5- 2/17/82 b. No motor vehicle, including but not limited to any motorcycle, motorized mini -bike, all -terrain vehicle, or srowilobile, shall be driven upon or parked upon any recreational beach lot. C. No recreational beach lot shall be used for overnight camping purposes. d. No recreational beach lot shall be used for purposcs of overnight storage or overnight mooring of watercraft in abutting waters, or overnight docking of boats, or other watercraft; provided, however, that canoes may be stored overnight on any recreational beach lot if said canoes are stored in canoe racks specifically designed for that purpose. Docking of watercraft - or seaplanes is permissible, however, at any time other than ov. rnig;nt. e• No coat trailur shall be allowed upon any recrea- tional beac;i lot; boats, seaplanes or other water- craf'L may be launcht'd 1''rom any recreational beach lot if accomplished without the use of any motor vehicle, trailer, or wheeled dolly. f. No seasonal dock or permanent dock shall be permitted on any recreational beachlot, unless said recreational beachlot is not less than one hundred (100) feet wide at both the ordinary high water mark and at a point one hundred (100) feet landward from the ordinary'high water mark. One dock may be erected upon any recreational beach lot which meets the minimum dimensional requirements set forth in both this subparagraph "f" and in subparagraph "g" of this Section 6.04(10). g. 140 recreational beach lot clock shall exceed si:c (6) feet in width, and no such dock shall exceed the greater of the followiny lengths: (a) fifty (50) feet or, (b) the minimiun straight -Line distac;c< nucessary to reach a water depth of four (4) feet. -6- The width (but not the leng� of th(. crc:;s-i,ar of any "'1"' or "L" shaped dock shall be included in the computation of length described in the preceding sentence. The cross -bar of any such dock shall not measure in e;cess of twenty-five(25) feet in length. No dock shall encroach upon a -v dock si:L-bac): zone, provi.ded, hOWeVer, that Lhc owners of any two abutting lakeshore sites may erect- one common dock within the dock set -back zone appurtenant to said abutting lakeshore sites, if said common dock is the only dock on said two lakeshore sites and if said dock otherwise conforms with the provisions of this ordinance. h. Each recreational beach lot shall have a width, measured both at the ordinary high water mark and at a point one hundred (100) feet landward from the ordinary high water mark, of not less than four (4) lineal feet for each dwelling unit which has appurtenant rights of access to said recreational beach lot accruing to the owners or occupants of that dwelling unit under applicable rules of the homeowner association or residential housing developers. i. At least eighty percent (80%) of the dwalling units, which have appurtenant rights of access to any recreational beach lot, shall be located within at least one thousand (1000) feet of said recreaLional beach lot. j. All recreational beach lots, including anv recreational beach lots established prior to the effective date of this ordinance may be used for swimming beach purposes, but only if swimming areas are clearly delineated with official U.S. Coast Guard marker buovs. Section S. Section 14.04 of Ordinance 47, as adopted and amended heretofore, is hereby amended by adding a paragraph numbered 2, reading as follows: Section 14.04. Conditional Uses. 2. Recreational beach lots, provided that, in addition to such other conditions as may be prescribed by any conditional use permit, the following minimum standards shall apply: a. No structure, ice fishing house, camper, trailer, tent recreational vehicle or shelter shall be erected, maintained, or stored upon any recreational beach lot-; provided, however, that professionally maintained portable chemical toilet facilities may be placed upon any recreational beach lot if located not less than seventy-five (75) feel- from the ordinary high water :nark. -7- b. No motor vehicle, including but not limited to curt' ulutorcycic, moLorizcd mini -bike, all -terrain vehicle, or:zowmobilc, shall be driven upon or p:rrkcd upon �rr� recreation,, beach lot. c. No recreational beach lot shall be used for overnight camping purposes. d. No recreational beach lot shall be used for purposes of overnight storage or overnight mooring of watercraft in abutting waters, or overnight docking of boats, or other watercraft; provided, however, that canoes may be stored overnight on any recreational beach lot if said canoes are stored in canoe racks specifically designed for that purpose. Docking of watercraft or seaplanes is permissible, ;however, at a y time other than ovcrnig;it. e• No coat trail r siial.l be alloaud upon any rccrea- Ci.onal bcac lot; boats, :;eaplanes or other water- eratc may be liluilched from any recreational beach lot if accomplished without tine use of anv motor vehicle, trailer, or wheeled dolly. f. No seasonal dock or permanent dock shall be permitted on any recreational beachlot, unless said recreational beachlot is not less than one hundred (100) feet wide at both the ordinary high water mark and at a point one hundred (100) feet landward from the ordinary'high water mark. One dock may be erected upon any recreational beach lot which meets the minimum dimensional requirements set forth in both this subparagraph "f" and in subparagraph "g" of this Section 6.04(10) g. No recreational beach lot dock shall e:;cced six (6) feet in width, and ;to such dock shall excead the greater of the foll.ot.:inr] lengths: (:.r) fife•;• (50) feet or, (b) the minimum straight-line distance necessary to reach a water depti, of four (4) feet. -8- cnu wic:Lh (buL :IOL Lh(2 Ik2ngth) of the cross -bar of any "T" or "L" shaped dock shall be included in file computation of length de,cribed in the preceding contence. The cross -bar of any such dock ;hail not measure in excess o1 - enty-five(25) feet in length. No dock shall encroach upon ar.y dock set -bac;: zone, provided, however, that the owners of any two abutting lareshore sites may erect one common dock within the dock set -back zone appurtenant- to said abutting lakeshore sites, if said common clock is the only dock on said two Lakeshore site:; and if said dock otherwise conforms with the provisions of this ordinance. h. Each recreational beach lot shall have a width, measured both at the ordinary high water mark and at a point one hundred (100) feet landward rrom the ordinary high water mark, of not less than four (4) lineal feet for each dwelling unit which has appurtenant rights of access to said recreational beach lot accruing to the owners or occupants of that dwelling unit under applicable rules of the homeowner association or residential housing developers. i. At least eighty percent (80%) of the dwelling units, which have appurtenant rights of access to any recreational beach tot., shall be located within at least- one thou::and (1000) feet of said recreational beach lot. j. All recreaLional beach lots, including any recreational beach lots established prior to the effective date of this ordinance may be used for swimming beach purposes, but onlv if swimming areas are clearly delineated with official U.S. Coast Guard marker buovs. men 13 or 2/17/82 Section 6. Section 5 of Ordinance 47, as adopted and amended heretofore, is hereby amended by adding a Section 5.021, reading as follows: Section 5.021. Recreational Beach Lot Man. The location of each recreational beach lot existing on the date of the adoption of this ordinance are as shown on that certain map entitled "Recreational Beach Lot Map" dated June , 1981 on file in the office of the City Clerk. Saia Recreational Beach Lot Map and all notations, references, and data shown thereon are hereby incorporated by reference into this ordinance and shall have the same effect as if fully set forth and described hereon. It shall be the responsibility of the Zoning Administrator to maintain said recreational beach lot map, and the location of new recreational beach lots for which conditional use permits have been issued pursuant to this ordinance, shall be recorded on said map within thirty (30) days after issuance of any such conditional use permit. Section 7. Effect on Existing Recreational Beach Lots. Recreational Beach Lots established prior to the effective date of this ordinance which do not meet all of the minimum standards set forth in Sections 2, 3 4, and 5 above, shall be deemed to be nonconforming uses; provided, however, that the continuation provisions of Section 20.01 of Ordinance 47, as amended, shall not be deemed to apply to recreational beach lots established prior to the effective date of this ordinance. Docks or buildings lawfully existing on any recreational beach lot at the time of the adoption of this ordinance which do not comply with the limitations set forth in this ordinance shall be deemed to be nonconforming uses. No such nonconforming dock or building shall be enlarged or altered, or increased, or occupy a greater area than that occupied by such dock or building on the effective date of this ordinance or any amendment thereto. A nonconforming dock or building shall not be moved to any other part of the lakeshore site upon which the same is erected, unless it is relocated in such a manner as to conform to the dock set -back zone requirements of this ordinance. Any nonconforming dock or building which is partially or totally destroyed by any cause may be restored to its former use and physical dimensions, if said restoration is completed within one year of its partial or total -10- !r.0 v. 1/ -1/ ,- destruction. Maintenance and necessary structural repairs of a nonconforming dock or building are permitted provided that any such maintenance or repairs do not extend, enlarge, or intensify such dock or building. Section 8. Effective Date. This ordinance shall become eff— ective from anJ-after the passage and publication. Passed and adopted by the Council on this 18th day of January , 19 82 n 7 mayeiz Attest: City Clerk Manager Public hearings held on May 27; June 17; July 22 , 19 81 Published in Carver County Heral on arc 17 19 82 -11- Y Recreational Beach Lot Map (See Section 5.021) To Be Supplied By Staff Depicting Location of Existing Recreational Beach Lots -12- 0 CITY4bF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 STAFF REPORT TO: Chanhassen Planning Commission FROM: Scott A. Martin, Community Development Director ,Datm DATE: August 2, 1984 SUBJ: Conditional Use Permit Request #84-8 to Allow Certain Recreational Beachlot Improvements to Outlot B, Lotus Lake Estates GENERAL INFORMATION Applicant Lotus Lake Estates Homeowners Assn. c/o Peter Beck Larkin, Hoffman, Daly & Lindgren, Ltd. Suite 1500 7900 Xerxes Avenue South Minneapolis, MN 55431 Status of Applicant Owner Requested Action Approval of a conditional use per- mit for proposed Recreational Beachlot improvements. Purpose To allow the installation of one additional seasonal dock, four (4) sailboat moorings and the over- night storage of 10 watercraft at the docks. Existing Zoning P-1 (Planned Residential Development) District Location Outlot B, Lotus Lake Estates (see attached location map). Size Approximately 3-4 acres (approximately 900 feet of lake frontage by 50' to 150' wide) ATTAcPAmEn1 *�q 0 Lotus Lake CUP August 2, 1984 Page 2 Existing Land Use Zoning History Applicable Regulations REFERRAL AGENCY REVIEW Minnesota Dept Resources ANALYSIS of Natural so Recreational Beachlot with swimming beach, swimming raft, two boat racks for six canoes or small sailboats each, one dock (measuring 67 feet in length) which is restricted in use to the overnight docking of not more than 4 non -motorized boats of not greater than 16 feet in length, and a pedestrian walkway which provides access to these facili- ties. Lotus Lake Estates subdivision was approved by the City on January 5, 1979. The City Council approved a conditional use permit for the Recreational Beachlot on July 21, 1980, and approved an amended per- mit on August 31, 1981 (see attached "Restated Conditional Use Permit"). Section 14.04 of the City Zoning ordinance regulates the develop- ment of Recreational Beachlots in the P-1 Zoning District. This ordinance was enacted by the City on March 17, 1982 (see attached). "Docks with five or more slips require a DNR permit (see attached). The proposal involves the following proposed improvements to the Lotus Lake Estates Recreational Beachlot, as shown on the attached site plan: 1. Installation of one (1) additional seasonal dock which would comply with the minimum dimensional requirements of Section 14.04(2)(g). 2. Installation of four (4) sailboat moorings in the abutting waters of the beachlot. 0 Lotus Lake CUP August 2, 1984 Page 3 �J 3. Overnight storage of 10 watercraft, without any restriction on motorized watercraft. 4. Continuation of the existing pedestrian walkway to provide access to the new dock and moorings. Variances to the Zoning Ordinance are required for more than one dock on the beachlot [Section 14.04(2)(f)] and for the overnight storage or mooring of watercraft. A hearing on these variance requests is sche- duled for the August 20, 1984 meeting of the Zoning Board of Appeals and Adjustments. The proposed pedestrian walkway extension is permitted under the ordinance. The petitioners have indicated that the proposed new dock and sailboat mooring locations were selected to avoid a congested appearance along the lakeshore. The dock was also sited where shown because the lake bottom drops -off more rapidly at that point. Therefore, a shorter dock would be required there than would be required further south on the property to reach a water depth of 4 feet. The petitioners have also indicated, however, that they are willing to locate the new dock elsewhere along the shoreline if the City objects to the proposed location. The Association has requested that they be given the responsibility of determining how many watercraft are docked at each dock, since the new dock may not accommodate 5 watercraft if its length is reduced to the slope of the lake bottom. In any case, their proposal is to keep not more than a combined total of ten (10) watercraft at the docks. Although the Wetland Map does not specifically identify any protected wetlands along Outlot B, a large wetland area adjoins the property to the north. Therefore, care must be taken when siting the new dock and mooring buoys to avoid any wetland area "if possible". RECOMMENDATION Should the Planning Commission wish to recommend approval of this petition, the Planning Staff recommends that the Commission adopt the following motion: "The Planning Commission recommends approval of the petition by the Lotus Lake Estates Homeowners Association for a revised con- ditional use permit to allow the proposed improvements of the Association's Beachlot (Outlot B, Lotus Lake Estates), subject to the stipulation that the proposed new dock and sailboat moorings shall not be located in a Wetland Area, and subject to the appro- val of all required variances by the Zoning Board of Appeals and Adjustments and City Council." 0 a Lotus Lake CUP August 2, 1984 Page 4 PLANNING COMMISSION ACTION The Planning Commission held a public hearing on this petition on August 8, 1984. The Commission voted unanimously to deny the Lotus Lake Estates Recreational Beachlot Improvements request on a motion by J. Thompson and seconded by Albee. REPORT ATTACHMENTS 1. Property Location Map. 2. Copy of Conditional Use Permit Application. 3. Letter from Peter Beck dated July 20, 1984. 4. Proposed Site Plan. 5. "Restated Conditional Use Permit (dated April 22, 1982) for Lotus Lake Estates Recreational Beachlot. 6. Excerpt from Chanhassen Zoning Ordinance (Section 14.04). 7. Letter from Judy Boudreau, Minnesota DNR, dated July 31, 1984. 8. Planning Commission Minutes dated August 8, 1984. LOCATtotV -7400 '"TJ VJ.. LAND DEVELOPMENT APPLICATION CITY OF CHANHASSEN 690 Coulter Drive Chanhassen, MN 55317 (612) 937-1900 APPLICANT: Lotus lake Estates HomeonwersOWNER: Lotus Lake Estates Homeowners Association Assoctatton ADDRESS c/o Peter K. Beck, Larkin, ADDRESS c% Peter K. Beck, Larkin, Hoffman, Hoffman, Daly & Li—nUg-r—e-n-,=.suite 1500 Daly & ., S�te t500 7900 Xerxes Ave. So., Mpls, M 55431 7900 Xerxes Ave. So., Mpls, MN 55431 Zip Code Zip Code TELEPHONE (Daytime) 835-3800 TELEPHONE 835-3800 REQUEST: Zoning District Change — Zoning Appeal X Zoning Variance X Zoning Text Amendment Land Use Plan Amendment X Conditional Use Permit Site Plan Review Planned Unit Development Sketch Plan Preliminary Plan Final Plan Subdivision Platting Metes and Bounds Street/Easement Vacation PROJECT NAME Lotus lake Estates Beachlot Improvements PRESENT LAND USE PLAN DESIGNATION Low density residential REQUESTED LAND USE PLAN DESIGNATION No change requested PRESENT ZONING P-1, Planned Residential Development REQUESTED ZONING No change requested Improvements to existing recreati-onal beachlotincluding one i conal USES PROPOSED seasonal dock; overnight storage of 10 watercraft; 4 sailboat moorings SIZE OF PROPERTY Approx. 900' frontage on lake by approx. 50'-150' wide LOCATION Lotus Lake Estates REASONS FOR THIS REQUEST See Latter of Explanation LEGAL DESCRIPTION (Attach legal if necessary) Outlot B, Imus lake Estates (over) AFAMMEOR2, City of Chanhassen Land Development Application Page 2 FILING INSTRUCTIONS: 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 City Planner to determine the specific ordinance and procedural requirements applicable to your application. FILING CERTIFICATION: The undersigned representative of the applicant hereby certifies that he is familiar with the procedural requirements of all applicable City Ordinances. ICTUS LAKE ESTATES HOMEME R.S ASSOCIATION, Applicant by t. e its ttorney, Signed By Date July 18, 1984 Applicant _ The undersigned hereby certifies that the applicant has been authorized to make this application for the property herein described. ICTUS LAKE ESTATES HUIEDYNERS ASSOCIATION, Owner by er K. �4= , Signed By Date July 18, 1984 F Owner Date Application Received- July 18, 1984 cn / �f�,,,�, Application Fee Paid 6624W- & /—'' IJV / •'"T 'CL City Receipt No. _O 15697 * This Application will be considered by the Planning Commission/ Board of Adjustments and Appeals at their August 8, 1984 meeting. (f CM City of Chanhassen\ Land Development Application Page 2 FILING INSTRUCTIONS: 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 City Planner to determine the specific ordinance and procedural requirements applicable to your application. FILING CERTIFICATION: The undersigned representative of the applicant hereby certifies that he is familiar with the procedural requirements of all applicable City Ordinances. 101US LAKE ESTATES HOMEONLQER.S ASSOCIATION, Applicant by (F er its /}ttorney, Signed By J\ Date July 18, 1984 Applicant The undersigned hereby certifies that the applicant has been authorized to make this application for the property herein described. LOTUS LAKE ESTATES HOMMERS ASSOCIATION, Owner by�Pet;er K. Becc, is attorney, Signed By , Date July 18, 1984 F b Owner Date Application Received July 18, 1984 �n / Application Fee Paid (2F ' '"�"*±1S M 2zvyV4*�Ct#75� City Receipt No. J * This Application will be considered by the Planning Commission/ Board of Adjustments and Appeals at their August 8, 1984 meeting. JOHN E. DIEMS EMBER D. REICHGOTT July 20, 1984 CITY OF CHANNASSEN RIVB'© Mr. Scott Martin AOL231984 Community Development Director City of Chanhassen P.O. Box 147 COMMUNITY DEVELOPMENT DEP' 690 Coulter Drive Chanhassen, Minnesota 55317 Re: Lotus Lake Estates Application for Zoning Ordinance Amendment Dear Scott: This letter is to respond to your request for the specific Zoning Text amendment sought in the Lotus Lake Estates' Application for a Conditional Use Permit, Zoning Variance and Zoning Text Amendment. The text amendment sought is to section 14.04(2)(d) of Ordinance 47 eliminating the prohibitions in that section against overnight storage or overnight mooring of water craft in waters abutting recreational beachlots and overnight docking of boats or other water craft. Our point will be that this section should be amended to make it consistent with the provisions of the City's water usage ordinance so that all owners of lakeshore property in the City are treated equally. If the Council will not entertain the Application for Amendment of Ordinance 47, we will request, in the alternative, that a variance from this section of the Ordinance be granted to permit construction IRMA III eNT 43 LARKIN, HOFFMAN, DALY & LINDGREN, LTD. JAMES P. LARKIN ATTORNEYS AT LAW PETER N. ECK ROBERT L HOFFMAN JON .... JACK F. DAL Y MICHAEL S. MARGULIE$ A L S. MA GULI KENNETH u.DO wEN 1500 NORTHWESTERN FINANCIAL CENTER T0OHAS J. FLYNN A ANDREW W OANIERSON ROOERICKI.MACNEN2IE R. ANDERSON 7600 XERXE$ AVENUE SOUTH JAMES P. DENDELL GERALD Ll . RE. DANIEL ROBERT B. WHIT LO CN W WHITLO MINNEAPOLIS, MINNESOTA $$431 .OU$NNER DANIELA.. INLAN ALLAN E. MULLIGAN JEDDME H.EM NNE ROBERT J. SEY TELEPHONE 16121 635-3600 FREEMAN RONALD R. FLETCHER FLETCH CATHY CATHY E. GORLIN JAMESC. ERICKSON TELECOPIER NO. 16121 835-5102 ANDREW J. MITCHELL EDWARD J. ORISCOLL MICHELE P. MOGEE JAMES P. MILEY OAVIO p. MOELLER JOHN A. MCHUGH 1700 FIRST BANK PLACE WEST FEDERAL PRACTICE PARTNERSHIP JOHN A COTTER' GENE N. FULLER ATES- KATHLEEN M.00NA JOSEPH W. ANTHONY 120 SOUTH SIXTH STREET LARKIN NCCApTNY NOEL FALX 6 MIN$HALL THOMAS G. MEHRMAN OAVIO BRADLEY N. LENRMAN 0. FULLMER JOHN D. FV LLM ER MINNEAPOLIS, MINNESOTA $5402 SUITE IIID BEATRICEA.O R `OBE I E.H BOY LE RANK I. HARVEY TELEPHONE 16121338-6610 1301 PENNSYLVANIA, N.W. HE SHER RI LLUNKE TVRETICH ILL AN KURCTIC PAUL B. NN TT RICHARD A FOq$CHLEq WASHINGTON, D. C. 20004 R. SUSAN R. B IG MT RICHARD A. NORDBYE RNIG SUSAN E. BARNES ONTAG VE�JR. ROBERTCHARLES TELEPHONE 12021 737-1000 AMY DARK GRADY S. CHAISES S. MOOELL ALAN DOW KILDOW CHRISTOPHER J. DIEND EN I M. LLIAMSON RICHARD RICHARD I. DIAMOND GARTHpRTN C. COLLE R" C JOHN R.E JAMES M. STROSTROTH ER OF COUNSEL LINDAH. PSHER JOSEPH GITIS THOMAS AS P.. MAN STEVEN G. LE INNOW AONITTCD -ALSO,N NOWLIN WISCONSIN MICHAEL C. MICHAEL C. JACNMANESFNTLY AO YITT[D ..LY STEPHEN B. SOLOMON IN FLO RIW IN JOHN E. DIEMS EMBER D. REICHGOTT July 20, 1984 CITY OF CHANNASSEN RIVB'© Mr. Scott Martin AOL231984 Community Development Director City of Chanhassen P.O. Box 147 COMMUNITY DEVELOPMENT DEP' 690 Coulter Drive Chanhassen, Minnesota 55317 Re: Lotus Lake Estates Application for Zoning Ordinance Amendment Dear Scott: This letter is to respond to your request for the specific Zoning Text amendment sought in the Lotus Lake Estates' Application for a Conditional Use Permit, Zoning Variance and Zoning Text Amendment. The text amendment sought is to section 14.04(2)(d) of Ordinance 47 eliminating the prohibitions in that section against overnight storage or overnight mooring of water craft in waters abutting recreational beachlots and overnight docking of boats or other water craft. Our point will be that this section should be amended to make it consistent with the provisions of the City's water usage ordinance so that all owners of lakeshore property in the City are treated equally. If the Council will not entertain the Application for Amendment of Ordinance 47, we will request, in the alternative, that a variance from this section of the Ordinance be granted to permit construction IRMA III eNT 43 LAR$IN, HOFFMAN, DALY & LINDGEEN, LTD. Mr. Scott Martin July 20, 1984 Page 2 of an additional dock on the Lotus Lake Estates recreational beachlot, as outlined in the plan submitted with the Application. Please call if you have any questions. Sincerely, Petal K. Beck, for LARKIN, HOFFMAN, DALY & LINDGREN, LTD. ks cc: Mr. Jim Lacey Lotus Lake Estates Homeowners Association W 4P OFFICIAL CITY OF CHANHASSEN RESTATED CONDITIONAL USE PERMIT BEACH LOT -LOTUS LAKE ESTATES This restated conditignal use permit and agreement, made and entered into this day of�lpi) 1987, by and between B -T Land Company (hereinafter "BT"), and Lotus Lake Estates Homeowners Association (hereinafter the "Association"), and the City of Chanhassen, a Minnesota munici- pal corporation (hereinafter referred to as the "City"); WITNESSETH: That the City, in exercise of its powers pursuant to M.S. §462.357, and other applicable state law, and §14 of the Chanhassen Zoning Ordinance, hereby grants to BT and the Association herein a restated conditional use permit to maintain and operate a private neighborhood association recreational area upon Outlot B, Lotus Lake Estates, Carver County, Minnesota (hereinafter the "Subject Property"), subject to the following terms and conditions, all of which shall be strictly complied with as being necessary for the protection of the public interest: SECTION 1. RECITALS. 1.01. Prior Platting of Lotus Lakes Estates. BT has previously platte 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. Section 28 of said development contract further provides that BT shall suffer no alterations of the Subject Property except after first having obtained a permit from the City setting forth a plan for the alteration and development of the Subject Property. Said Section 28 also provides that, for purposes of said development contract, said permit would be deemed to be a conditional use permit and that the application process and procedure would be as vet forth in Section 23 of the Chanhassen Zoning Ordinance, which sets forth the application procedure for actual conditional use permits. ANCOMENT*5 - � M 1.03. Homeowners Association. BT incorporated the Association for the purpose of acquiring and maintaining certain common properties including the Subject Property for the benefit of the owners of lots in the plat of Lotus Lake Estates, and for the benefit of the owners of any lots platted in the future by a further subdivision of Outlot C, Lotus Lake Estates. 1.04. March 10, 1981 Conditional Use Permit. Upon application of BT, the Chanhassen City Council on July 21, 1980, approved the issuance of a permit for the alteration of the Subject Property. Said permit, entitled "Conditional Use Permit Beach Lot -Lotus Lake Estates", was executed by BT and the Association on March 10, 1981. 1.05. June 1, 1981 Application for Amendment of Permit. On June1, 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. The City Council, by its motion of August 31, 1981, approved issuance of a revised permit authorizing further development of the Subject Property. 1.07. Restated Permit. The above-described March 10, 1981 Con3itional Use Permit is hereby amended and restated as set forth hereinafter and this restated permit shall supersede and take the place of said March 10, 1981 Conditional Use Permit. SECTION 2. SPECIAL CONDITIONS. 2.01. Permit Not Transferable. This permit is personal to BT and to the Association, and is not assignable or transferable, except upon the written consent of the City. 2.02. Release of BT. The City, upon written request, shall release BT--- from its obligations hereunder upon receipt of documentation which demonstrates (a) the proper incorporation of the Association pursuant to Chapter 317 of Minnesota Statutes, and (b) the conveyance of title to the Subject Property in fee simple to the Association for the benefit of all owners of lots in Lotus Lake Estates. No such release shall be given until such documentation has been approved by the City Attorney as to legal sufficiency. No such release as to BT shall have the effect of releasing the Association from its obligations, covenants, and agreements hereunder. 2.03. Rights Under This Permit Not Expandable to Other Owners. This permit is issued for the benefit of the owners of the 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 -2- 0 the use and enjoyment of the Subject Property shall be limited to the owners of lots in Lotus Lake Estates. The use and enjoyment of the Subject Property may not extend to persons other than such owners. The term "owners" as utilized in this §2.03 shall mean and refer to any natural person who is either (a) the record owner of fee simple interest, or (b) the record owner of a contract for deed vendee's interest, or (c) the holder of any possessory leasehold interest, in the whole of any lot in Lotus Lake Estates, including authorized guests and family members of any such persons. 2.04. Description of Property Subject to This Permit. The premises subject to the within conditional use permit are described as follows: Outlot B, Lotus Lake Estates, according to the map or plat thereof on file and of record in the Office of the County Recorder, in and for Carver County, Minnesota. 2.05. Certain Site Alterations Authorized. BT and the Association are hereby authorized to install the following improvements on the Subject Property: a. one sand blanket swim area, as shown on the alteration plan, City Council Exhibit A, dated July 21, 1980, said swim area to be marked with a minimum of three anchored "swim area" buoys that are in accordance with the Uniform Waterway Marking System; said buoys to be anchored a reasonable distance from shore; and b. apedestrian walkway connecting Choctaw Circle with the sand blanket swim area; said walkway to consist of wood chips installed on a sand base with boardwalk steps on the steep slope area of the walkway; and C. four boat racks to be located on land with a storage capacity of either six canoes or six small sail boats per rack; and d. one dock, not to exceed the greater of fifty (50) fee— tin length or that number of lineal feet necessary to reach a water depth of four (4) feet; at the option of the Association, the final ten (10) feet of said dock may consist of a ten foot by ten foot (10' x 10') square platform; said dock shall be located on that portion of the shoreline of the Subject Property which lies between the northerly line and the southerly line of Lot 34, Block 1, Lotus Lake Estates, extended northwesterly; and -3- r 0 e. one ten foot by ten foot swimming raft, to be located in water having a minimum depth of seven (7) feet, not more than one hundred (100) feet from the nearest lake shoreline; said raft shall project a minimum of one (1) foot but not more than five (5) feet above the lake surface, and the corner of said raft shall be reflectorized; and f. one conversation pit -fire hole, three (3) feet in diameter with a six oot apron constructed of brick or masonry material, to be located land- ward of the walkway and no further north than the northerly line of Lot 32, Block 1, Lotus Lake Estates, extended northwesterly. Except as provided in this permit, no portion of the Subject Property may be developed, altered, or disturbed in any way. 2.06. Trees. In carrying out the above-described alterations, thii Association and BT each agree to use every effort to keep tree loss at an absolute minimum. 2.07. Reserved. 2.08. Erosion Control. BT and the Association,at their expense, shall provide temporary dams, earthwork or such other devices and practices, including seeding of graded areas, as shall be needed, in the judgment of the City Engineers, to prevent the washing, flooding, sedimentation and erosion of lands and roads within and outside the Subject Property during all phases of construction. BT and the Association shall keep all public streets free of all dirt and debris resulting from their construction upon the Subject Property. 2.09. Certain Structures Prohibited. Except for the alterations described in Section 2.05 above, no structure, pier, boat rack, mooring buoy, or swimming platform shall be constructed, erected, or maintained on the Subject Property or in the waters abutting the Subject Property. 2.10. Camping Prohibited 2.03 hereinabove, or other person Subject Property. No owner, as defined in Section shall camp overnight on the 2.11. 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: a. not more than twenty-four canoes or small sail boats may be so stored overnight in the four boat racks described in Section 2.05 of this permit; and -4- b. not more than four non -motorized boats, not to exceed sixteen feet in le gth, may be docked overnight at the dock described in Section 2.05 of this permit. Except for construction equipment necessary for the execution of BT's plan and as necessary for the maintenance of the Subject Property, no motor vehicle shall be driven upon or parked upon the Subject Property. No boat trailer shall be allowed upon the Subject Property. Nothing in the preceding three sentences shall be deemed to prohibit the launching of any watercraft from the Subject Property if accomplished without the assistance of any motor vehicle or trailer or wheeled dolly upon the Subject Property. SECTION 3. MUNICIPAL DISCLAIMERS. 3.01. No Liability to Suppliers of Labor or Material. 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 BT or the Association, their contractors, or subcontractors, materialmen, laborers, or to any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this permit and agreement or the performance and completion of the work and improvements hereunder and the BT and the Association will save the City, the City Council, and the agents and employees of the City harmless from any and all claims, damages, demands, actions or causes of action arising therefrom and the costs, disbursements, and expenses of defending the same. 3.02. Written Work Orders. BT and the Association shall do no work nor furnish materials, whether covered or not covered by BT's plan, for which reimbursement is expected from the City unless a written order for such work or materials is received from the City. Any such work or materials which may be done or furnished by BT or the Association without such written order first being given shall be at its own risk, cost and expense, and BT and the Association hereby agree that without such written order, they will make no claim for compensation,for work or materials so done or furnished. SECTION 4 MISCELLANEOUS. 4.01. Severability. In the event any provisions of this permit shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invali- date or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 4.02. Execution of Counterparts. This permit may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. -5- 4.03. Headings. Headings at the beginning of sections and paragraphs 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 shallT—urnish the City wit evidence satisfactory to the City that they have acquired fee title to the Subject Property prior to any request by BT pursuant to Section 2.02 of this permit. 4.05. Notices. All notices, certificates and other commun ci ations hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and BT and the Association, by written notice given by one to the other, may designate any address or addresses, to which notices, certificates or other communications to them shall be sent when required as contemplated by this permit. Unless otherwise provided by the respective parties, all notices, certificates, and communications to each of them shall be addressed as follows: To the City: City of Chanhassen City Hall 690 Coulter Drive Chanhassen MN 55137 Attn: City Manager To BT: B -T Land Company 1055 East Wayzata Blvd. Wayzata MN 55391 To the Association: Lotus Lake Estates Homeowners Assoc. c/o Aaron Babcock 125 Choctaw Circle Chanhassen MN 55317 4.06. Owners to be Notified of This Permit. The Association shall furnish each owner, as that term is defined in Section 2.03 above, with a copy of this permit within thirty (30) days of the signing of this permit and shall furnish each future owner, as that term is defined in Section 2.03 above, with a copy of this permit, within thirty (30) days of any such onwer's initial occupancy of any residential structure in Lotus Lake Estates. 4.07. Term of This Permit. This permit shall expire on July 21, 2010. SECTION 5. ENFORCEMENT PROVISIONS. 5.01. Reimbursement of Costs. BT and the Association shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of the within permit and the performance thereby by BT and the Association. Such reimbursement shall be made within fourteen (14) days of the date of mailing of the City's notice of costs as provided in Section 4.05 above. m. 0 r-1 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 shall default in the performance of any of the covenants and agreements herein con- tained, and such default shall not have been cured within ten (10) days after receipt by BT and the Association of written notice thereof, the City, if it so elects, may cause any of the improvements described in BT's plan to be constructed and installed or may take action to cure such default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City, to be recovered as a special assessment under M.S. Chapter 429, in which case BT and the Association agree to pay the entire amount of the assessment roll pertaining to any such improvement within thirty (30) days after its adoption. BT and the Association further agree that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on the Subject Property for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineers, the notice requirements to BT and the Association shall be and hereby are waived in their entirety, and BT and the Association shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. b. Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to prevent violations of the within permit, to restrain or abate violations of the within per- mit, or to prevent use or occupancy of the Subject property. -7- 0 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day of 1982. B -T LAND COMPANY By An STATE OF MINNESOTA) ) ss COUNTY OF tk+NEp10 ) LOTUS LAKE HOMEOWNERS ASSOCIATION By i/ 10 And�ii its CITY OF CHANHASSEN Attest A!1 a,.Sm City Clerk/Manager On this _a day of iJaYewhcr 1982, before me, a notary public, within and for said county, personally appeared William B. VanNest and Rick D. Murray, to me personally known, who, being each by me duly sworn did say that they are respectively the President and Vice -President of B -T Land Company, and that said instrument was signed in behalf of said corporation by authority of its Board of Directors, and said William B. VanNest and Rick D. Murray acknowledged said instrument to be the free act and deed of said corporation. WILLIAM T. KEENAN III !1l t p�� i . ¢y .. -JAQ y NCTANY P�9LIL NESOTANotary Pllb11C HENNEPINTYMy Comrriissiw Er. 9. 1987 — 8— a 0 STATE OF MINNESOTA ) )ss COUNTY OF GA?,v'W ) On this 2`� day of oJ2ti inn' 1982. before me, a notary public within and for said county, personally appeared James. B. Parsons and Aaron Babcock, to me personally known, who, being each by me duly sworn did say that they are respectively the President and Vice -President 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 James B. Parsons and Aaron Babcock acknowledged said instrument to be the free act and deed of said corporation. RICK D. MURRAY NOTARY ll1Sl.IC • ""ESOTA CARVER COUNTY JeWy Canmusbn Explrm App, S. 1'16 PPOPIPa STATE OF MINNESOTA ) ss COUNTY OF CARVER ) Notary Public On this afu day of , 190before me, a notary public, within and for said county, personally appeared Thomas L. Hamilton and Don 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 cor- poration 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 L. Hamilton and Don Ashworth acknowledged said instrument to be the free act and deed of said municipal corporation. KAREN J. ENGELHARDT X, NOTARY PUBLIC - MINNESOTA y0 . CAFivtR COUNTY .. My Oommis&on Expres Oct. 11 ISM C� C-'t'iie width (but- not- the length) of jc�r of '1 any ""' of L" shaped dock shall be included in the computation of length described in thc�IPreceding sentence. The cross -bar of any such dock shall not measure in c. --:cess of twenty-five(25) feet in length. No dock :;hall encroach upon any dock set -bac}: zone, provulcd, howu%r0r; thatthe owners of any two abutting lakeshorc`"sites may erect- one common dock within the 547ck set -back zone appurtenant to said abut tin.g''lakeshore sites, if said common dock is ttie onl_i dock on said two lakeshore sites and if said dock otherwise conforms with the,pTovisions of this ordinance. h. Each recreational beach�Iot shall have a width, measured both at the ordinary high water mark and at a point one hundred(100) feet landward from the ordinary high water mark, of not less than four (4) lineal feet for each dwelling unit which has appurtenant rights of access to said recreational be lot accruing,to the owners or occupants of that dwelling unit under applicable rules of the,lhomeowner association;:or residential housing deyI,lopers. *� leas eighty percent (80"s) of the a%lling Exam Fkouit,itsohich have appurtenant rights of ccess o a , recreational beach lot, shall be 1 ated wi- in at least one thousand (1000) feet o d recreational beach lot-. Zo Nt'!! *I ���/ntional beach lots, including any rac ti al beach t ntc 'e' date of this ordinance may be used for swimming beach purposes, but only if swimming areas are clearly delineated with official U.S. Coast Guard marker buovs. Section 5. Section 14.04 of Ordinance 47, as adopted and amended heretofore, is hereby amended by adding a paragraph numbered 2, reading as follows: Section 14.04. Conditional Uses. 2• Recreational beach lots, provided that, in addition to such other conditions as may be prescribed by any conditional use permit, the following minimum standards shall apply: a. No structure, ice fishing house, camper, trailer, tent recreational vehicle .or shelter shall be erected, maintained, or stored upon any recreational beach lot; provided, however, that professionally maintained portable chemical toilet facilities may be placed upon any recreational beach lot if located not less than seventy-five (75) feet from the ordinary high water mark. NOru MEluT� � 2/17/82 M b. No motor vehicle, including but not limited to any motorcycle, moLurized mini -bike, all -terrain vehicle, ornowmobile, shall be driven Upon or parked upon any recreational beach lot. c. No recreational beach lot shall be used for overnight camping purposes. No recreational beach lot- shall be used for purposes of overniyht storage or overnight mooring of watercraft in abutting waters, or overnight docking of boats, or other watercraft; provided, however, that canoes may be stored overnight on any recreational beach lot if said canoes are stored in canoe racks specifically designed for that purpose. Docking of watercraft or seaplanes is permissible, however, at any time other than ovornig,it. e• No ;)oat trails shall be allowed upon any recrea- tional beac;l lot; boats, seaplanes or other water- craft may be launched from any recreational beach lot'if accomplished without the use of any motor vehicle, trailer, or wheeled dolly. No seasonal dock or permanent dock, shall be permitted on any recreational beachlot, unless said recreational beachlot is not less than one hundred (100) feet wide at both the ordinary high water mark and at a point one hundred (100) feet landward from the ordinary high water mark. 4 One dock may be erected upon any recreational "f" and in subparayraph "g' of t is section 6.04(10). g. No recreational beach lot doclti shall exceed six (6) feet in width, and no such doe4,•shall exceed the greater of the following lengths: (a) fifty (50) feet or, (b) the minimum straight-line distance necessary to reach a water depth of four (4) feet. we •. � � L/li/8"2 nne wi th (but- not t -he length) Of t-hc cro;>s- Zr of any "T' or "L" shaped dock shall be includ in the com} tation of length described in th preceding sentence. The cross -bar of any such doc}• shall not measu', in excess of twenty-five (25 feet in length. No dock shall encroach ups any dock si t -ba : zone, pniv.i.dcd, howevc that Clnc owners of an two abutting lake sl sites may erect one com n dock within the ck set -back zone appurtena to said abuttin lakeshore sites, if said mmon dock is e only dock on said two lakesho sites and said dock otherwise conforms pith the ovisions of this ordinance. h. Each recreAlopers. bea of shall have a width, measured bthe o nary high water mar}; and at a pe h dr (100) feet landward from the oh' h wat mark, of not less than four - feet f each dwelling unit which has ant rights access to said recreation'h lot accruin to the owners or occupanhat dwelling un under applicable rules of towner associatio or residential housing des. At leas eighty percent (80a) of the\bt YaAd which have appurtenant rights recreational beach tot, shall at least one thousand (1000) f (� NcreaLional beach lot. ZUA1XNG �tional beach lots, including any �i PRal beach lots established prior to date of this ordinance may be used for swimming beach purposes, but only if swimming areas are clearly delineated with official U.S. Coast Guard marker buoys. Section 5. Section 14.04 of Ordinance 47, as adopted and amended heretofore, is hereby amended by adding a paragraph numbered 2, reading as follows: Section 14.04. Conditional Uses. the 2• Recreational beach lots, provided that, in addition to such other conditions as may be prescribed by any conditional use permit, the fofiow,minimum standards shall apply: ing a. No structure, ice fishing house, camper, trailer, tent recreational vehicle or shelter shall be erected, maintained, or stored upon any recreational beach lot; provided, however, that professionally maintained portable chemical toilet facilities may be placed upon any recreational beach lot if located not less than seventy-five (75) feet from the ordinary high water mark. -7- gtfAcNMEar�6 2/1-i/82 width (but not the length) of the cross -liar of any "'1"' or "L" shaped dock shall be included in the computation of length described in the preceding >:enLence. The cross -bar of any such dock shall not measure in excess of twenty-five(25) feet in length. No dock shill encroach upon any dock set -back zone, provided, however, that the owners of any two abutting lakeshore sites may erect one common dock within the dock set -back zone appurtenant- to said abutting lakeshore sites, if said common dock is the only dock on said two lakeshore sites and if said dock Otherwise conforms with the provisions of this ordinance. h. Each recreational beach lot shall have a width, measured both at the ordinary high water mark and at a point one hundred (100) feet landward from the ordinary high water mark, of not less than four (4) lineal feet for each dwelling unit which has appurtenant rights of access to said recreational beach lot accruing to the owners or occupants of that dwelling unit under applicable rules of the homeowner association or residential housing developers. i. At least eighty percent (80%) of the dwelling units, which have appurtenant rights of access to any recreational beach lot, shall be located within at least: one thousand (1000) feet of said recreational beach lot. j• All recreational beach lots, including any recreational beach lots established prior to the effective date of this ordinance may be used for swimming beach purposes, but only if swimming areas are clearly delineated with official U.S. Coast Guard marker buoys. Q E 0 04 2/17/82 Section 6. Section 5 of Ordinance 47, as adopted and amended heretofore, is hereby amended by adding a Section 5.021, rea%inc; as follows: Section 5.021. Recreational Beach Lot Map. he location of each recreat/ponsibility l beach lot exist' g o the date of the adoption is ordinance a as own on that certain mapitled "Recreat' nal Be Lot Map" dated Ju, 198 on fi in the office of they Clerk. S d Recreat nal Beach Lot Map all notati s, referenc and data shown ton are h eby incorpora\heon. y reference inhis ord' ance and shall have same effect afull set forth and described It shall he r ponsib11-ty of the Zoning Adm istrator to ta' said recreational beach lot map, and the locato new recreationalbeach lots for which condituse permits havebeen issued pursuant to this nance, shall berecorded on said map .within ty (30) days afterissuance of any such 6Qnditiuse permit. Section 7. Effect on Exis Recreational Beach Lots estab date of this ordinance which standards set forth in Sectio deemed to be nonconforming us continuation provisions of S amended, shall not be deeme lots established prior to he ting Noreational Beach Lots. lishe Dior to the effective do t meet all of the minimum ns 3 4, and 5 above, shall be provided, however, that the Ktion 20.01 of Ordinance 47, as to apply to ILecreational. beach effective da of this ordinance. Docks o • uildings lawfully e sting on any recreational be to at the time of the ado ion of this ordinance which do t comply with the limitati ns set forth in this ordinance sha be deemed to be nonconformi g uses. No such nonconformi dock or building shall be enla ged or altered, or i.nc ased, or occupy a greater area th that occupied by sj^ dock or building on the effective to of this ordinance or ny amendment thereto. A nonconformin\zon or building s 1 not be moved to any other part of thshore site upon hick the same is erected, unless it is red in such manner as to conform to the dock set -back requir ents of this ordinance. Any nonconforming dock or build g which is partially or totally destroyed by any cause may be restored to its former use and physical dimensions, if said restoration is completed within one year of its partial or total -10- ♦ •f STATE Gvl [r IE S (oO uz% DEPARTMENT OF NATURAL RESOURCES 1200 Warner Road, Saint Paul, Minnesota 55106 PHONE NO. 296-7523 FILE NO July 31, 1984 Mr. Scott Martin City of Chanhassen 690 Coulter Drive, Box 147 Chanhassen, Minnesota 55317 RE: LOTUS LAKE HOMEOWNERS ASSOCIATION, BEACH LOT IMPROVEMENTS CONDITIONAL USE PERMIT #84-8 Dear Mr. Martin: Thank you for the opportunity to comment on the above -referenced project. DNR permit regulations were amended in 1983 and include docks with five (5) slips or more in our definition of a marina. There- fore, should the existing and/or proposed dock structures fit the described category, a DNR permit would be required for their installation. Regardless of the number of slips, if the docks are of a permanent nature, a DNR permit would be required. Should there be any improvements to the existing sand blanket as approved under DNR Permit 81-6121, an amendment to that permit would be required. Please feel free to call if you should have any questions. Sincerely, A n n J dy B udreau, Area Hydrologist etro Region Division of Waters JB/ch cc: Lotus Lake file (10-6) CITY OF CHANHASSEN R!7CFIVF[) COMMUNITY DEVELOP ENT Da AN EQUAL OPPORTUNITY EMPLOYER ����w APP -9(` JI JAMES P. LARNIN ROBERT L. HOFFMAN JACKF. DALY D. KENNETHLINDGREN ANDREW W. DANIELSON WENDELL R. ANDERSON GERALD M FRIEDELL ROBERT 6 WHITLOCK ALLAN E. MULLIGAN ROBERT J. HENNESSEY RONALD R. FLETCHER JAMES C. ERICKSON EDWARD J. DRISCOLL JAMES P. MILEY JOHN A. MCHUGH GENE M FULLER JOSEPH W. ANTHONY DAVID C. SELLERGREN JOHN D. FULLMER ROBERT E.BOYLE FRANK 1. HARVEY RICHARD A. FORSCNLER RICHARD A. NORDBYE ROBERT T. MONTAGUE, JR. CHARLES S. MODELL CHRISTOPHER J. DISTZEN RICHARD 1. DIAMOND JOHN M BEATTIE JAMES M. STROTHER LINDA H. FISHER THOMAS P. STOLTMAN STEVEN G. LEVIN FORREST D. NOWLIN MICHAEL C. JACKMAN MICHAEL S. MARGULIES STEPHEN W SOLOMON JOHN E. DIEHL 0 0 LARNIN, HGFFMAN, DALY & LINDGREN, LTD. ATTORNEYS AT LAW 1500 NORTHWESTERN FINANCIAL CENTER 7900 XERXES AVENUE SOUTH BLOOMINGTON, MINNESOTA 55431 TELEPHONE 16121 635-3600 2000 PIPER JAFFRAY TOWER FEDERAL PRACTICE PARTNERSHIP 222 SOUTH NINTH STREET MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 16121336-6610 December 27, 1985 City of Chanhassen City Hall 690 Coulter Drive Chanhassen, MN 55137 Attention: City Manager LARNIN, NOEL & FALK SUITE 1110 1301 PENN5YLVAMIA,N.W. WASHINGTON, D.C.20004 TELEPHONE 12021 737-1000 Re: James M. and Sara S. Lacey, et al. v. City of Chanhassen, et al. Dear Sir/Madam: GERALD L. BECK THOMASB. HUMPHREY JR. PETER N. BECK JON S. SWIERZEWSKI THOMAS J. FLYNN RODERICK I. MACKENZIE JAMES P. GUINN ROBERT G. RENNER. JR. DANIEL A. OUINLAN JEROME H. KAMNKE TODD I. FREEMAN ANDREW J. MITCHELL ..1. G. MOELLER ,OHM A COTTER' KATHLEEN M.OATES• THOMAS G. M ONALD• BRADLEY H. LEHRMAN BEATRICE A. ROTHWEILER SHERRILL OMAN KURETICM PAUL B PLUNKETT SUSAN R. BURNIGHT AMY DARR GRADY ALAN L KILDOW GARTH C COLLER MARK E DUVAL KATHLEEN M. PICOTTE NEWMAN LARRY A. KOCH PETER J. COYLE CATHERINE BARNETT WILSON^' OF COUNSEL JOSEPH GITIS THOMAS N. CAREY .AUO ADMITTED IN WISCONSIN Enclosed herewith and served upon you please find Petitioner's Verified Petition for Alternative Writ of Mandamus and Complaint for Declaratory Judgment and Other Relief; Order Allowing Alternative Writ of Mandamus and Alternative Writ of Mandamus. Please note that the hearing date set for the return of the Alternative Writ of Mandamus, or the denial thereof, is set for January 16, 1986 at 1:30 p.m. at the Carver County Courthouse before the Honorable Phillip Kaming. Sincerely, Peter J. C le, LARKIN, HOFFMAN, PJC:dko Encls. for DALY & LINDGREN, LTD. cc: James M. Lacey Ra" ,+:::7 DEC 3 01985 '-Ry SQE CHANHASSE,N • STATE OF MINNESOTA COUNTY OF CARVER James M. and Sara S. Lacey, Roger L. and Doris Kay Frick, Gary A. and Brenda A. Welch, Raymond and Wil Schuyt, Patrick E. and Marilyn D. McMahon, Robert A. and Vivian M. Elmgren, Roger H. and Becky Berry, Stephen C. and Lois E. Buchanan, J. Michael and L. Susan Henderson, and Gerald D. and Candice L. Crandall, Petitioners and Plaintiffs, V. City of Chanhassen, a municipal corporation; and Thomas Hamilton, Clark Horn, Patricia Swenson, Dale Geving, and Carol Watson, Respondents and Defendants. DISTRICT COURT FIRST JUDICIAL DISTRICT ORDER ALLOWING ALTERNATIVE WRIT OF MANDAMUS The within Alternative Writ of Mandamus is hereby allowed, returnable in a special term hearing of the District Court for Carver County to be held at the Carver County Courthouse in the City of Chaska, on.�� �f�, 19$& at f•� o'clock P -m.; service thereof is hereby 'directed to be made by said Writ, together with a copy of this Order and the Petition for said Writ, to: 1. Clerk for the City of Chanhassen or his/her duly appointed representative; n u 2. Roger Knutson, attorney for the City of Chanhassen, or his duly appointed representative; 3. Dated: Thomas Hamilton, and Carol Watson, Chanhassen Ci PJC:BC9 Clark Horn, Pat Swenson, Dale Geving, the Mayor and members of the 0 0 9 1] STATE OF MINNESOTA COUNTY OF CARVER James M. and Sara S. Lacey, Roger L. and Doris Kay Frick, Gary A. and Brenda A. Welch, Raymond and Wil Schuyt, Patrick E. and Marilyn D. McMahon, Robert A. and and Vivian M. Elmgren, Roger H. and Becky Berry, Stephen C. and Lois E. Buchanan, J. Michael and L. Susan Henderson, and Gerald D. and Candice L. Crandall, Petitioners and Plaintiffs, V. City of Chanhassen, a municipal corporation; and Thomas Hamilton, Clark Horn, Patricia Swenson, Dale Geving, and Carol Watson, Respondents and Defendants. E DISTRICT COURT FIRST JUDICIAL DISTRICT ALTERNATIVE WRIT OF MA UTIA MTTC THE STATE OF MINNESOTA TO THE RESPONDENTS CITY OF CHANHASSEN, A MUNICIPAL CORPORATION, AND THOMAS HAMILTON, CLARK HORN, PATRICIA SWENSON, DALE GEVING, AND CAROL WATSON, GREETINGS: WHEREAS, it manifestly appears by the Petition of James M. Lacey, et al., that: 1. This Verified Petition for Alternative Writ of Mandamus is brought pursuant to Minn. Stat. S 586.01, et see., for an order directing the City of Chanhassen to adopt the Restated Conditional Use Permit for the development of Outlot B 0 • attached hereto as Exhibit A, consistent with the Development Contract entered into between Respondents and B -T Land Company, for the benefit of Petitioners. 2. Petitioners are individual property owners in Lotus Lake Estates, in the City of Chanhassen, County of Carver, Minnesota. The individual Petitioners are members of the Lotus Lake Estates Homeowners Association (the Association). 3. The City of Chanhassen is a municipal corporation organized and existing pursuant to the laws of the State of Minnesota and is located in the County of Carver. 4. Respondent Thomas Hamilton was at all times relevant herein the Mayor of the City of Chanhassen and is named in that capacity. The other Respondents, Clark Horn, Patricia Swenson, Dale Geving, and Carol Watson, were at all times relevant herein council members of the City of Chanhassen and are named in that capacity. 5. Petitioners have a fee interest in three and one-half (3 1/2) acres of a recreational outlot in Lotus Lake Estates known as Outlot B located on the northeast end of Lotus Lake (the Lake) in the City of Chanhassen, County of Carver, State of Minnesota, and which is legally described as: Outlot B, the 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. 6. In 1974, a concept plan proposed by Ecklund & Swedlund Development Corporation (Ecklund and Swedlund) for Lotus Lake Estates received preliminary approval from Respondents. The concept plan contained twenty-one (21) shoreline lots along the Lake which would allow the shoreline owners full right of access to and the use of the Lake for activities including, but not limited to, the installation of docks and overnight storage of boats, with no restriction as to type, as each owner desired. 7. In January 1975, Respondents approved an environmental assessment for the plat, including the twenty-one (21) shoreline lots. 8. In 1978, the plat for Lotus Lakes Estates again was reviewed by the Respondents. Ecklund and Swedlund was asked to redesign the plat, to eliminate direct access lots on the Lake, and to provide for a recreational lot, Outlot B, which would provide full access to and use of the Lake for each of the prospective property owners in Lotus Lake Estates. 9. Ecklund and Swedlund objected to the request to modify the plat but consented after receiving assurances from Respondents that each property owner in Lotus Lake Estates would have full access to and use of the Lake via Outlot B. Thereafter, the property was sold to B -T Land Company (B -T) for further development. On approximately January 5, 1979, Respondents and B -T entered into a Development Contract (the Contract) for the development of Lotus Lake Estates. On approximately January 10, 1979, Articles of Incorporation for the Lotus Lake Estates Homeowners Association were executed. 10. Paragraph 25 of the Contract reserved Outlot B for the sole use of the property owners within Lotus Lake Estates. Outlot B initially contained 1,590 feet of frontage but was ON 0 0 reduced to approximately 900 feet of frontage in 1983 when the size of Lotus Lake Estates was reduced to 44 lots. Said paragraph further obligated B -T to convey Outlot B to the Association. 11. Paragraph 25 of the Contract classified Outlot B as "nondedicated open space" pursuant to Chapter 21.03 of the Chanhassen Zoning Ordinance. 12. Paragraph 25 of the Contract prohibits only overnight camping on Outlot B and otherwise leaves to the Association the responsibility for regulating vehicles use on the Outlot, the placement of docks and watercraft storage, and the erection of structures. 13. Section 5 of Article V of the Declaration of Covenants, Conditions and Restrictions, which are required by paragraph 25 of the Contract, states that the members of the Association shall have exclusive authority to separate vehicle parking, docking of watercraft, and erection of structures in Outlot B. 14. Paragraph 28 of the Contract permits Outlot B to be developed or altered with a permit from the City of Chanhassen. 15. On July 21, 1980, Petitioners obtained a permit (the Permit) from Respondents a to install a sand blanket beach, two (2) canoe racks, a pedestrian walkway, and a swimming area on Outlot B. 16. On June 10, 1981, Petitioners sought an amendment to the original Permit to install five (5) seasonal docks with overnight storage of up to five (5) boats at each dock, two (2) 4. 0 0 additional small boat storage racks, ten (10) sailboat moorings, one (1) swimming raft, and a conversation pit. 17. As of June 10, 1981, only overnight camping was prohibited on Outlot B. 18. Petitioners' request to amend the Permit was arbitrarily denied by Respondents on August 31, 1981, with the exception that they were permitted to install on Outlot B one (1) seasonal dock and to store overnight thereon up to four (4) non -motorized craft, two (2) additional small boat racks, the conversation pit, and a swimming raft. 19. Respondents' arbitrary denial of Petitioners' permit application was not supported by a legally sufficient factual basis. 20. - As of August 31, 1981, shoreline property owners along the Lake each were allowed to install one (1) dock on their property and to store overnight thereon up to five (5) boats without limitation as to type. 21. On January 18, 1982, Respondents adopted Ordinance 47AB, the "Beachlot Ordinance," as an amendment to the Chanhassen Zoning Ordinance. 22. The Beachlot Ordinance purports to prohibit the following activities on outlot B: overnight camping, overnight docking or mooring of watercraft in abutting waters, and overnight storage of boats or watercraft on the Outlot, with the exception of canoes. The Beachlot Ordinance permits the installation of one (1) seasonal dock on an outlot provided the outlot has no less than one hundred (100) lineal feet of .in 0 shoreline. The Ordinance grandfathers in existing beachlots, including overnight boat storage privileges without restriction as to type. The Beachlot Ordinance treats like owners of beachfront property differently. 23. On August 20, 1984, Petitioners again requested an amendment to the Permit for Outlot B to install one (1) additional dock, four (4) sailboat moorings, a walkway extension, and for overnight boat storage privileges for up to ten (10) boats at the Outlot docks, with no restriction as to boat type. In the alternative, Petitioners requested a variance from the Beachlot ordinance or an amendment to the Beachlot Ordinance permitting the aforementioned improvements to Outlot B. 24. • Petitioners' application was rejected by Respondents, with the exception that Petitioners were permitted to install four (4) sailboat moorings and the footpath. No findings were adopted by Respondents in connection with their denial of Petitioners' permit application. At a meeting held on November 19, 1984, Respondents rejected the need to adopt findings supporting their decision rejecting Petitioners' permit application. Subsequently, however, without notice to Petitioners, Respondents did adopt findings relative to the August 20, 1984, denial of Petitioners' application to amend its Permit for Outlot B. The denial was without a legally sufficient factual basis. 25. Respondents' denial of Petitioners' permit application constitutes a final decision by Respondents. RE 26. Petitioners have agreed to and complied with each of the requirements imposed upon them under the Contract. The conditions imposed upon Outlot B, both by ordinance and the conduct of Respondents as set forth herein, are arbitrary, capricious, unlawful, confiscatory, unconstitutional, and void. The Respondents have an obligation to act in good faith in their dealings with Petitioners and to respect their constitutional and contractual rights. Respondents have acted in bad faith and have deliberately deprived Petitioners of their constitutional, statutory, and common law right to develop Outlot B like other lake front property owners. 27. Pursuant to the terms of the Contract, the City has a legal duty to adopt the Restated Conditional Use Permit for Outlot B'as set forth in Exhibit A. 28. Respondents' failure to comply with their legal duty constitutes a public wrong specifically injurious to Petitioners and the general public. 29. Petitioners have no plain, speedy, and adequate remedy in the ordinary course of law for Respondents' failure to comply with their contractual, constitutional, and statutory duties. NOW 'THEREFORE, you and each of you are commanded, immediately upon the receipt of this writ, to adopt the Restated Conditional Use Permit for Outlot B in the form set forth in Exhibit A to the Verified Petition for Alternative Writ of Mandamus and to deliver said amended permit to Petitioners, or to show cause before this court, at a special 7. term thereof to be held at the Carver County Courthouse in the City of Chaska, Minnesota on 1986, at, o'clock f. m., why you have not done so, and that you then and there return this Writ with your certificate of having done as you are commanded. WITNESS the Honorable�7 1&- A�,6t;Q , 04 GIet Judge of said court, the said seal thereof this / day of hu , 1986. CRa G A- CJS 2 ER)OF CARVER COUNTY CTRICT COURT PJC:BC9 8. E, J STATE OF MINNESOTA COUNTY OF CARVER James M. and Sara S. Lacey, Roger L. and Doris Kay Frick, Gary A. and Brenda A. Welch, Raymond and Wil Schuyt, Patrick E. and Marilyn D. McMahon, Robert A. and Vivian M. Elmgren, Roger H. and Becky Berry, Stephen C. and Lois E. Buchanan, J. Michael and L. Susan Henderson, and Gerald D. and Candice L. Crandall, Petitioners and Plaintiffs, v. City of Chanhassen, a municipal corporation; and Thomas Hamilton, Clark Horn, Patricia Swenson, Dale Geving, and Carol Watson, Respondents and Defendants. 0 DISTRICT COURT FIRST JUDICIAL DISTRICT VERIFIED PETITION FOR ALTERNATIVE WRIT OF MANDAMUS AND COMPLAINT FOR DECLARATORY JUDGMENT AND OTHER RELIEF The Petitioners respectfully allege as follows: 1. The Petitioners are residential property owners in Lotus Lake Estates, City of Chanhassen, County of Carver, Minnesota. Petitioners are all members of the Lotus Lake Estates Homeowners Association. Petitioners bring this action on behalf of themselves and all other similarly situated homeowners within Lotus Lake Estates, pursuant to Article V, Section 1, of the Declaration of Covenants, Conditions, and Restrictions. 7 2. Defendant City of Chanhassen is a municipal corporation organized and existing pursuant to the laws of the State of Minnesota and is located in the County of Carver. 3. Respondent Thomas Hamilton was at all times relevant herein the Mayor of the City of Chanhassen and is named in that capacity. The other individual Respondents, Clark Horn, Patricia Swanson, Dale Geving, and Carol Watson, were at all times relevant herein members of the City Council for the City of Chanhassen and are named in that capacity. 4. Petitioners have a fee interest in approximately 3.5 acres of a recreational outlot in Lotus Lake Estates known as Outlot B, which is located at the northeast end of Lotus Lake (the Lake) in Chanhassen, County of Carver, State of Minnesota, and is legally described as: Outlot B, Lotus Lakes Estates, according to the map plat thereof on file and of record in the Office of the County Recorder, in and for Carver County, Minnesota. 5. In 1974, a concept plan proposed by Ecklund & Swedlund Development Corporation (Ecklund & Swedlund) for the Lotus Lake Estates subdivision received preliminary approval from Respondents. The concept plan contained twenty-one (21) shoreline lots along the Lake which would allow the shoreline owners full right of access to and the use of the Lake for activities including, but not limited to, the installation of docks and overnight storage of boats, with no restriction as to type, as each owner desired. 6. In January 1975, Respondents approved an environmental assessment for the plat, including the twenty-one (21) shoreline lots. 2. 0 7. In 1978, the plat for Lotus Lake Estates again was reviewed by the Respondents. Ecklund & Swedlund was asked to redesign the plat, to eliminate direct access lots on the Lake, and to provide for a recreational lot, Outlot B, which would provide full access to and use of the Lake for each of the prospective property owners in Lotus Lake Estates. 8. Ecklund & Swedlund objected to the request to modify the plat but consented after receiving assurances from Respondents that each homeowner in Lotus Lake Estates would have full access to and use of the Lake via Outlot B. Thereafter, the property was sold to B -T Land Company (B -T) for further development. On approximately January 5, 1979, Respondents and B -T entered into a Development Contract (the Contract) for the development of the Lotus Lake Estates. On approximately January 10, 1979, Articles of Incorporation for the Lotus Lake Estates Homeowners Association (the Association) were executed. 9. Paragraph 25 of the Contract reserved Outlot B for the sole use of the property owners within Lotus Lake Estates. Outlot B initially contained 1,590 feet of frontage but was reduced to approximately 900 feet of frontage in 1983 when the size of Lotus Lake Estates was reduced to 44 lots. Said paragraph further obligated B -T to convey Outlot B to the Association. 10. Paragraph 25 of the Contract classified Outlot B as nondedicated open space" pursuant to Chapter 21.03 of the Chanhassen Zoning Ordinance. 3. 11. Paragraph 25 of the Contract prohibits only overnight camping on Outlot B and otherwise leaves to the Association the responsibility for regulating vehicle use on the Outlot, the placement of docks and watercraft storage, and the erection of structures. 12. Section 5 of Article V of the Declaration of Covenants, Conditions and Restrictions, which are required by paragraph 25 of the Contract, states that the members of the Association shall have exclusive authority to regulate vehicle parking, docking of watercraft, and erection of structures in Outlot B. 13. Paragraph 28 of the Contract permits Outlot B to be developed or altered with a permit from the City of Chanhassen. 14. • On July 21, 1980, Petitioners obtained a permit (the Permit) from Respondents to install a sand blanket beach, two (2) canoe racks, a pedestrian walkway, and a swimming area on Outlot B. 15. On June 10, 1981, Petitioners sought an amendment to the original Permit to install five (5) seasonal docks with overnight storage of up to five (5) boats at each dock, two (2) additional small boat storage racks, ten (10) sailboat moorings-, one (1) swimming raft, and a conversation pit. 16. As of June 10, 1981, only overnight camping was prohibited on Outlot B. 17. Petitioners, request to amend the Permit was arbitrarily denied by Respondents on August 31, 1981, with the exception that they were permitted to install on Outlot B one :IN 0 0 (1) seasonal dock and to store overnight thereon up to four (4) non -motorized craft, two (2) additional small boat racks, the conversation pit, and a swimming raft. 18. As of August 31, 1981, shoreline property owners along the Lake each were allowed to install one (1) dock on their property and to store overnight thereon up to five (5) boats without limitation as to type. 19. On January 18, 1982, Respondents adopted Ordinance 47AB, the "Beachlot Ordinance," as an amendment to the Chanhassen Zoning Ordinance. 20. The Beachlot Ordinance purports to prohibit the following activities on Outlot B: overnight camping, overnight docking or mooring of watercraft in abutting waters, and overnight storage of boats or watercraft on the Outlot, with the exception of canoes. The Beachlot Ordinance permits the installation of one (1) seasonal dock on an outlot provided the outlot has no less than one hundred (100) lineal feet of shoreline. The Ordinance grandfathers in existing beachlots, including overnight boat storage privileges without restriction as to type. The Beachlot Ordinance treats like owners of beach front property differently. 21. . On August 20, 1984, Petitioners again requested an amendment to the Permit for outlot B to install one (1) additional dock, four (4) sailboat moorings, a walkway extension, and for overnight boat storage privileges for up to ten (10) boats at the Outlot docks, with no restriction as to boat type. In the alternative, Petitioners requested a 5. a variance from the Beachlot Ordinance or an amendment to the Beachlot Ordinance permitting the aforementioned improvements to Outlot B. 22. Petitioners' application was rejected by Respondents, with the exception that Petitioners were permitted to install four (4) sailboat moorings and the footpath. No findings were adopted by Respondents in connection with their denial of Petitioners' permit application. At a meeting held on November 19, 1984, Respondents rejected the need to adopt findings supporting their decision rejecting Petitioners' permit application. Subsequently, however, without notice to Petitioners, Respondents did purport to adopt findings relative to the August 20, 1984, denial of Petitioners' application to amend its Permit for Outlot B. The denial was without a legally sufficient factual basis. 23. Respondents' denial of Petitioners' permit application constitutes a final decision by Respondents. WAIIIN&�.Mlft 24. Reallege paragraphs 1 through 23 and further allege: 25. Respondents' denial of Petitioners' permit application violates their contractual right to develop Outlot B- 26. Petitioners have no speedy or adequate remedy at law. They request the court to declare and adjudge that their right to develop Outlot B is governed by the Contract between Respondent City of Chanhassen and B -T Land Company and that such development is limited only as set forth in the attached Restated Conditional Use Permit. MI 0 COUNT TWO 27. Reallege paragraphs 1 through 26 and further allege: 28. This cause of action is brought pursuant to Minn. Stat. S 555.01, et sec., for declaratory and injunctive relief seeking a determination that Respondents' refusal to approve Petitioners' Permit Applications is arbitrary and capricious, unconstitutional, unlawful, confiscatory, and void. 29. The contract between Petitioners and Respondents prohibits only overnight camping on Outlot B. Petitioners can develop or alter the outlot with a permit. No standard of review for a permit application is set forth in the Contract. 30. Respondents have approved or permitted the construction and placement of a substantial number of docks around city lakes adjacent to private lakeshore lots and recreational outlots. with the exception of Outlot B, property owners on the city lakes are permitted to store boats overnight at their docks without restriction as to type. 31. Respondents denied Petitioners' permit application without a legally sufficient factual basis. Respondents' refusal to grant Petitioners' permit application, or alternatively, to grant Petitioners a variance for the purpose Of using Lotus Lake to the same extent as other property owners is arbitrary, capricious, unlawful, confiscatory, and void. COUNT THREE 32. Reallege paragraphs 1 through 31 herein and further allege: 7. 0 33. This cause of action is brought pursuant to Minn. Stat. S 555.01, et seg., for declaratory and injunctive relief seeking a determination that Beachlot Ordinance No. 47AB treats like owners of shoreline property differently without a rational basis in violation of the Fourteenth Amendment to the United States Constitution. For this reason, Beachlot Ordinance No. 47AB is unconstitutional and void. COUNT FOUR 34. Reallege paragraphs 1 through 33 herein and further allege: 35. This cause of action is brought pursuant to Minn. Stat. S 555.01, et seg., for declaratory and injunctive relief seeking a determination of this court that the Respondents have acted unlawfully and unconstitutionally in applying the City of Chanhassen's Zoning Ordinance, including Beachlot Ordinance No. 47AB differently to like owners of shoreline property. 36. By reason of Respondents' disparate treatment of like owners of shoreline property, Petitioners have been denied equal protection under the laws as required by the Fourteenth Amendment to the United States Constitution. COUNT FIVE 37.. Reallege paragraphs 1 through 36 herein and further allege: 38. This cause of action is brought pursuant to Minn. Stat. S 555.01, et sec., for declaratory and injunctive relief seeking a determination of this court that the Respondents have acted unlawfully and unconstitutionally in taking Petitioners' 8. property for a public use either for a temporary period of time or permanently. 39. Outlot B is intended to be used for recreational purposes. The Contract classifies the property as "nondedicated open space." Overnight camping is the only activity prohibited on Outlot B. Respondents' conduct deprives Petitioners of the reasonable use of the property. Petitioners have not been compensated for the taking of their property. The use of Outlot B as a recreational outlot with full riparian rights is its highest and best use. 40. The Beachlot Ordinance and Respondents' unlawful and arbitrary conduct constitute an unlawful and unconstitutional taking of Petitioners' property for a public use without just compensation, contrary to the provisions of the Fifth Amendment to the United States Constitution. 41. The Beachlot Ordinance and the Respondents' conduct constitute an unlawful and unconstitutional taking of Petitioners' private property for a public use without just compensation, contrary to the Minnesota Constitution, Article I, § 13. 42. The Contract for the development of Lotus Lake Estates recognizes the rights of the property owners to develop Outlot B for full riparian usage like other shoreline lots. This right to full riparian use of Outlot B is further evidenced by the Declaration of Covenants, conditions, and restrictions, which was required by the Contract, and which delegates to the Association and its members the responsibility for regulating the use of Outlot B. 9. 43. The Beachlot Ordinance has an unconstitutional impact on Petitioners' property and is void. Petitioners are entitled to damages in excess of Fifty Thousand Dollars ($50,000) as compensation for the taking they have sustained by reason of Respondents' unconstitutional conduct. rnTTMM C T V 44. Reallege paragraphs 1 through 43 herein and further allege: 45. This cause of action is brought pursuant to Minn. Stat. 555.01, et sea., for declaratory and injunctive relief seeking a determination of this court that the Respondents have acted arbitrarily, capriciously, and unlawfully in depriving Petitioners of their vested right to develop Outlot B pursuant to the Contract. 46. Ecklund & Swedlund and B -T Land Company, on behalf of Petitioners, changed their position in reliance upon Respondents' representations concerning the rights accruing from Outlot B. The Beachlot Ordinance and Respondents' arbitrary, capricious, and unlawful conduct deprive Petitioners of their vested right to complete the development of Outlot B. 47. Respondents are estopped by the equities of these circumstances from applying the provisions of the Beachlot Ordinance to Outlot B. COUNT SEVEN 48. Reallege paragraphs 1 through 47 and further allege: 49. This cause of action is brought pursuant to 42 U.S.C. § 1983 et seq., which confers upon citizens the right to ID1P commence legal action against any person, who under color of any statute, ordinance, regulation, or custom of any state, deprives citizens of any rights, privileges, or immunities preserved by the United States Constitution and laws. This court has subject matter jurisdiction over this claim pursuant to 42 U.S.C. S 1983. 50. As set forth herein, Respondents have both individually, and in concert, under color or pretext of state law and city ordinance, willfully, knowingly, arbitrarily, and capriciously deprived Petitioners of their rights, privileges, and immunities guaranteed by the United States Constitution, the Minnesota State Constitution, and laws enacted thereunder. 51. As a direct and proximate result of Respondents' unlawful and unconstitutional conduct, Petitioners have suffered damages in excess of Fifty Thousand Dollars ($50,000). WHEREFORE, Petitioners -Plaintiffs pray for relief against the Respondents -Defendants and each of them as follows: 1. Declaring and adjudging that Respondent City of Chanhassen's Beachlot Ordinance No. 47AB is unconstitutional because it treats like owners of shoreline property differently. 2. Declaring and adjudging that Respondents' denial of Petitioners' permit application for improvements to Outlot B was arbitrary and capricious and without a legally sufficient factual basis. 3. Declaring and adjudging that Respondents have acted arbitrarily in applying the Beachlot Ordinance No. 47AB to Outlot B and further have applied the ordinance differently to like owners of shoreline property in violation of the Fourteenth Amendment to the United States Constitution. 11. 4. That a Writ of Mandamus issue compelling Respondents to adopt Petitioners' Restated Conditional Use Permit in the form attached hereto as Exhibit A. 5. Awarding Petitioners damages in excess of Fifty Thousand Dollars ($50,000) as may be proven at the time of trial. 6. Awarding Petitioners -Plaintiffs their costs and disbursements herein, including their reasonable attorneys' fees, pursuant to 42 U.S.C. §§ 1983, 1988, and Minn. Stat. S 549.21 (1984). 7. For such other and further relief as the court deems just and equitable. Dated: /Z- /I_SS Christopher JQ Dietzen Registration No. 22858 Peter J. Coyle Registration No. 158021 LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. Attorneys for Petitioners -Plaintiffs 1500 Northwestern Financial Center 7900 Xerxes Avenue South Bloomington, Minnesota 55431 (612) 835-3800 PJC:BC9 12. VERIFICATION STATE OF MINNESOTA) )ss. COUNTY OF CARVER ) 0 James M. Lacey, being first duly sworn on oath, deposes and says that he is a property owner in the Lotus Lake Estates; further that he is a member of the Lotus Lake Estates Homeowners Association and that he is a Petitioner -Plaintiff in the above -entitled action; further that he has read the foregoing Verified Petition for Alternative writ of Mandamus and Complaint for Declaratory Judgment and Other Relief; and further that the same is tie of his own knoyrjledge. w Dated: �`�� The foregoing inst ui nt was acknowledged before me this day ofuw�►� , 1985, by James Lacey. Notary Public CN PJC:BC9 0 • CITY OF CHANHASSEN RESTATED CONDITIONAL USE PERMIT BEACH LOT -LOTUS LAKE ESTATES This restated conditional use permit and agreement, made and entered into this day of 1986, by and between LOTUS LAKE ESTATES HOMEOWNERS ASSOCIATION (hereinafter the "Association"), and the CITY OF CHANHASSEN, a Minnesota municipal corporation (hereinafter referred to as the "City"); W I T N E S S E T H: That the City, in exercise of its powers pursuant to M.S. 5 462.357, and other applicable state law, and S 14 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. ARTICLE 1. RECITALS 1.1) Prior Platting of Lotus Lake Estates - Lotus Lake Estates is a previously platted tract of land in the City, consisting of forty-four (44) residential lots and one (1) outlot. 1.2) Outlot B - In connection with the platting of said Lotus Lake Estates, BT Land Company (hereinafter "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 development contract further provides that BT shall suffer no alterations of the Subject Property except after first having obtained a permit from the City setting forth a plan for the alteration and development of the Subject Property. 1.3) Homeowners Association - BT incorporated the Association for the purpose of acquiring and maintaining certain common properties including the Subject Property for 0 0 the benefit of the owners of lots in the plat of Lotus Lake Estates. 1.4) March 10, 1981 Conditional Use Permit - Upon application of BT, the Chanhassen City Council on July 21, 1980, approved the issuance of a permit for the alternation of the Subject Property. Said permit, entitled "Conditional Use Permit Beach Lot -Lotus Lake Estates," was executed by BT and the Association on March 10, 1981. 1.5) August 31 1981 and August 20 1984 Permit Amendments. 'On August 31, 1981, and August 20, 1984, the Association obtained approval of permit revisions allowing certain improvements to Outlot B. 1.6) Restated Permit - The above-described Conditional Use Permit is hereby amended and restated as set forth hereinafter and this restated permit shall supersede and take the place of the existing Restated Conditional Use Permit. ARTICLE 2. SPECIAL CONDITIONS 2.1) Permit Not Transferable - This permit is personal to the Association and is not assignable or transferable, except upon the -written consent of the City. 2.2) Rights Under This Permit Not Expendable to Other Owners - This permit is issued for the benefit of the owners of the forty-four (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 S 2.3 shall mean and refer to any natural person who is either (a) the record owner of fee simple interest, or (b) the record owner of a contract for deed vendee's interest, or (c) the holder of any possessory leasehold interest, in the whole of any lot in Lotus Lake Estates, including authorized guests and family members of any such persons. 2.3) Description of premises subject to the described as follows: use permit are - The 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. 0 2.4) Certain Site Alterations Authorized - The Association is hereby authorized to install the following improvements on the Subject Property: (01) Five 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 with a capacity of five (5) boats each, without restriction as to type; at the option of the Association, the final ten (10) feet of said dock may consist of a ten foot by ten foot (10, x 101) square platform; said docks shall be located on that portion of the shoreline of the Subject Property which lies between the northerly line and the southerly line of Lot 34, Block 1, Lotus Lake Estates, extended northwesterly; and (02) Ten (10) sailboat mooring buoys; and (03) Sand blanket swim area, said swim area to be marked with a minimum of three (3) anchored "swim area" buoys that are in accordance with the Uniform Waterway Markings System; said buoys to be anchored a reasonable distance fro shore; and (04) 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 (05) Four (4) boat racks to be located on land with a storage capacity of either six (6) canoes or six (6) small sailboats per rack; and (06) One (1) 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 shoreline; said raft shall project a minimum of one (1) foot but not more than five (5) feet above the lake surface, and the corner of said raft shall be reflectorized; and (07) One (1) 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 walkway and no further north than the northerly line of Lot 32, Block 1, Lotus Lake Estates, extended northwesterly. 2.5) Trees - In carrying out the above-described alterations, the Association agrees to use every effort to keep tree loss at an absolute minimum. 2.6) Reserved. 2.7) Erosion Control - The Association, at its expense, shall provide temporary dams, earthwork, or such other devices 3. 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. The Association shall keep all public streets free of all dirt and debris resulting from their construction upon the Subject Property. 2.8) Camping Prohibited - No owner, as defined in Section 2.2 hereinabove, or other person shall camp overnight on the Subject Property. 2.9) Motor Vehicle Parking and Boat Storage - Watercraft, both motorized and nonmotorized, may be parked, stored, or docked overnight or on a permanent basis on the Subject Property, as follows: (01) Not more than twenty-four (24) canoes or small sail boats may be so stored overnight in the four (4) boat racks described in Section 2.4 of this permit; and (02) Not more than five (5) boats, motorized and non - motorized, not to exceed sixteen (16) feet in length, may be docked overnight at each of the five (5) docks described in Section 2.4 of this permit. (03)• Except for construction equipment necessary for the execution of the development plan and as necessary for the maintenance of the Subject Property, no motor vehicle shall be driven upon or parked upon the Subject Property. ARTICLE 3. MUNICIPAL DISCLAIMERS 3.1) Written Work Orders - The Association shall do no work nor furnish materials, whether covered or not covered by Association'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 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 furnished. ARTICLE 4. MISCELLANEOUS 4.1) Severability - In the event any provisions of this permit shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, 4. and the remaining provisions shall not in any way be affected or impaired thereby. 4.2) 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. 4.3) 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. 4.4) Notices - All notices, certificates, and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Association, by written notice given by one to the other, may designate any address or addresses, to which notices, certificates, or other communications to them shall be sent when required as contemplated by this permit. Unless otherwise provided by the respective parties, all notices, certificates, and communications to each of them shall be addressed as follows: To the city: City of Chanhassen City Hall 690 Coulter Drive Chanhassen, Minnesota 55137 Attention: City Manager To the Association: Lotus Lake Estates Homeowners Association c/o James M. Lacey 121 Choctaw Circle Chanhassen, Minnesota 55317 4.5) Owners to be Notified of This Permit - The Association shall furnish each owner, as that term is defined in Section 2.2 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 2.2 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. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day of , 198_. LOTUS LAKE HOMEOWNERS ASSOCIATION By: Its: 5. STATE OF MINNESOTA) ss) COUNTY OF CARVER ) 0 CITY OF CHANHASSEN Its: Mayor By: Its: City Clerk Manager On this day of 198 , before me, a notary public within and for said county, personally appeared James M. Lacey, to me personally known, who, being by me duly sworn did say that he is the president 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 James M. Lacey acknowledged said instrument to be the free act and deed of said corporation. Notary Public STATE OF•MINNESOTA) ss) COUNTY OF CARVER ) On this day of 198 , before me, a notary public, within and for said county, personally appeared Thomas L. Hamilton and Don 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 L. Hamilton and Don Ashworth acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public 6. PJC:BG6 July 11, 1985 a C ITY'MO F CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 Mr. Steve Buchanan 141 Choctaw Circle Chanhassen, MN 55317 Dear Mr. Buchanan: It has come to my attention that you have been storing a motorized boat overnight at the Lotus Lake beachlot. Please be advised that this is in violation of the conditional use permit issued by the city as revised on June 1, 1985. It has also come to my attention that the boat has not been stored overnight in the last few days. Attached please find the copy of the conditional use permit. If v -u are found to be in violation, the city has the right to pro- secute the homeowner's association. Please feel free to contact me if you have any questions. Si rely GCS - Barbara Dacy t- City Planner BD:v Enclosures cc: Jim Lacey, Lotus Lake HOA, President City of Chanhassen ity Development De 690 Coulter Drive P.O. Box 147 Chanhassen, NIDI 55317 (612) 937-1900 Date: July 25, 1984 TO:. Development Plan Referral Agencies Chanhassen Ca:mmmity Development Department By: Scott A. Martin, Community Subject: Proposed improvements to Recreational Beachlot owned by Lotus Lake Lstates aomeowne Lotus Lake and legally�-Estates. Planning Case No: Conditional Use Permit #84-8 The above described application for approval of a land develo�nt proposal was filed with the Chanhassen Caaimmity Development Department on July 18,-1984 In order for us to have the benefit of as much information as possible concerning this application, we would like your agency to review the enclosed development plans insofar as is applicable to your agency, and make any comments you might have on this proposal. We are particularly interested in matters which affect the public health, safety and general welfare. Specifically, 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 encompassing these needs. F This application is scheduled for consideration by the Chanhassen Planning Commission on Wednesday, August 8, at 7:30 p.m. in the Council Chambers at Chanhassen City Hall. In order for the Community DevelcFs ent Department to prepare a thorough review of this application for the Commission and Council, we would appreciate receiving your comments by no later than Wednesday, August 1, 1984 You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. Enclosed: Proposed Development Plans DISTRIBUTION: 1. City Engineer 6. Watershed Dist. Engineer 4 11 MN Dept of Natural Resources 2. City Attorney 7. Soil Conservation Service 12. Telephone Company 3. City Park Director 8. MN Dept of Transportation (NW Bell or United) 4. Fire Department 9. U.S. Army Corps of Engineers 13. Electric Company 5. County Engineer 10. Minnegasco (NSP or DIN Valley Co-op) File: Cc comity Development Department Form No. 81-10 Agency Referral 7/1/81 Official Publication NOTICE OF PUBLIC HEARING PROPOSED CONDITIONAL USE PERMIT CrrY OF CHANHASSEN, MINNESOTA NOTICE IS HEREBY GIVEN that the Chanhassen Planning Convnission will hold a public hearing on Wednesday, August 8,1954 at 7:30 p.m. in the Council Chambers in Chanhassen City Hall, 690 Coulter Drive. The purpose of this hearing is to consider the application of the Lotus lake Estates Homeowners Association for a Conditional Use Permit to allow mrlam improvements to be made to the Associa- tion's Recreational Reachlot located on the easterly stere of Lotus lake and legally described as Outlot B, Lotus lake Estates. Proposed Beachlot improve- ments include adding one additional seasonal dock, four (4) sailboat moorings, and allowing for the over- night storage of 10 watercraft (5 per dock). A plan showing the location of the proposed recrea- tional beacWot improvements is available for public review 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. Scott A. Mania Community Development Director Phone: 937-1 IPub. Carver County Herald July 25,1984) 1380) • 0 Affidavit of Publication State of Minnesota ) )SS. County of Carver ) Stan R o 1 f s rud , being duly sworn, on oath says that he is and during all the time beretn stated has been the publisher and printer of the newspaper known as the Carver County Herald and has full knowledge of the facts stated as follows: (1) Said newspaper is printed in the English language in newspaper for. mal and in column and sheet form equivalent in printed space to at least 1,280 square inches. (2) Said newspaper is a weekly and is distributed at least once each week for 50 weeks each year. (3) In at least half of its issues each year has no more than 75 percent of its printed space comprised of advertising material and paid legal rotices; and in all of its issues each year, has 50 percent of its news columns devoted to news of local interest to the community which it purports to serve, and not more than 25 percent of its total nonadvertising column inches in any issues wholly duplicates any other publication undess the duplicated material h from recognized general news services. (4) Said newspaper is circulated in and near Chaska and has at least 500 copies regularly delivered to paying subscribers and has entry as second-class mat- ter at the Chaska Post Office. (5) Said newspaper has its known office of issue established in Carver County in which lies the City of Chaska. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper is available at single or subscription prices to any person, corporation, partnership or other incorporated association requesting the newspaper and making applicable payment. (8) Said newspaper has complied with all the foregoing conditions of this subdivision for at least one year last past. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1976 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further slates on oath that the printed Conditional Use Permit Lotus Lake Estates Homeowners Assoc heremattachedasapan hereof was M from the columns of said newspaper, and was printed and published therein in the English language, once each week, for 1 successive weeks; that it was first so published on I're d the i'inc � day a JU j( 81im was thereafter printed and published on every Tae d to and including the 25 day nt J_ u 1Y. 19 $Mand that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: Subscribed and sworn to before me this (Notarial Seal) JPh`POAtMI DEBRA A. JOHNSON it of NOTARY PUBLIC — MINNESOTA CARVER COUNTY ttv C�mmisnion Expires Feb. 6. 199) JaeVJN Notary public, ,�. y�0�ty,�MN� My Commission =;a cM 4.9_7 AFFIDAVIT OF PUBLICATION OF PUBLISHED IN Z-) Comer County 0 Filed this day of (Judge of Probate) M 19 CITY OF � ;RANHASSEW 690 COULTER DRIVE* P.O. BOX 147 CHANHASSEN, MINNESOTA 55317 ED FORWARDING � ER EXPIRED 1RN i0 SEt;�ER '-"AM 91. 2R26141 N.1 6/E39 I?F.7lJl-;N 7'p SCNGE:R NO'T' DELIVI'FSAE::I_.E_' A£3 ADDRESSED UNAOLF 7O FURNARG Salvatore J. BalrQnarita 91 Choctaw Circle Chanhassen, MN 55317 NOTICE OF PUBLIC HEARING PROPOSED CONDITIONAL USE PERMIT CITY OF CHANHASSEN, MINNESOTA NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Wednesday, August 8, 1984 at 7:30 p.m. in the Council Chambers in Chanhassen City Hall, 690 Coulter Drive. The purpose of this hearing is to consider the application of the Lotus Lake Estates Homeowners Association for a Conditional Use Permit to allow certain improvements to be made to the Association's Recreational Beachlot located on the easterly shore of Lotus Lake and legally described as Outlot B, Lotus Lake Estates. Proposed Beachlot improvements include adding one addi- tional seasonal dock, four (4) sailboat moorings, and allowing for the overnight storage of 10 watercraft (5 per dock). A plan showing the location of the proposed recreational beachlot improvements is enclosed for your reference. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. 1AtM Scott A. Martin Community Development Director Phone: 937-1900 (Published in the Carver County Herald on July 25, 1984) CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE OF HEARING STATE OF MINNESOTA ) ) ss COUNTY OF CARVER ) Bob Waibel, being first duly sworn, on oath deposes and says that he is and was on July 24 , 1984 , the duly qualified and acting City Planner of the City of Chanhassen, Minnesota; that on said date he caused to be mailed a copy of the attached notice of hearing on a conditional use permit to allow certain improvements to be made to the Lotus Lake Estates Association's Recreational Beac of one seasonal dock, sailboat moorings, overnight in the City to the persons named on attached Exhibit "A", by storage. 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 of Carver County, Minnesota, and by other appropriate records. Scott A. Martin, Community Development Director Subscr'b and sworn to before m this ` day of 19 Notary Public NWA ? � �bCARVER COUNTY ON L eLA k o �_,___� _ T Roger and D. Frick 91 Choctaw Circle 125 Choctaw Circle Chanhassen, MN 55317 Chanhassen, MN 55317 Gary A. Welch 101 Choctaw Circle Chanhassen, MN 55317 105 Choctaw Circle Chanhassen, MN 55317 st erv' rtgage Nati 1 Sery s Center "��r%✓�'�R_2. C.o -�--3541 H Ave. P.O. 7 CJD S4 LL�O Wa loo, IoFra 50704 James M. & Sara Lacey 121 Choctaw Circle Chanhassen, MN 55317 Harry & R. Coffin 110 Choctaw Circle Chanhassen, MN 55317 Maw Pm@ad Florence Windsor 120 Choctaw Circle Chanhassen, MN 55317 IS SS '9wres-R, 1y 7e- � ILA �n'e`':--- 115 Choctaw Circle Larry & L. Constantineau Erd/rya "•-' �Chanhassen, MN 55317 P.O. Box 8019-117-116 -OjVt - ' Walnut Creek, CA 94596 i•.. Dawn arA scaly &!f5mt 155 Choctaw Circle Chanhassen, MN 55317 Chass� Circle lP 10 MN 55317 Pam � s 6 �r - q0 &0-.A.� Patrick and Marilyn McMahon 151 Choctaw Circle Chanhassen, MN 55317 B -T Land Company 1055 E. Wayzata Blvd. Wayzata, MN 55391 Stephen and Lois Buchanan 141 Choctaw Circle Chanhassen, MN 55317 135 Choctaw Circle Chanhassen, MN 55317 Harlan and Margaret Swanson 131 Choctaw Circle Chanhassen, MN 55317 Mr. Peter Beck Larkin, Hoffman, Daly and Lundgren, LTD. Suite 1500 7900 Xerxes Ave. S. Minneapolis, MN 55431 174t010 in Honey niers Assoc. ssen Road ssen, NN 55317 PL." -IL hdby-." 54 �,kMkLuJ �� �o I U ' I Mrli� NOTICE OF PUBLIC HEARING PROPOSED CONDITIONAL USE PERMIT CITY OF CHANHASSEN, MINNESOTA NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Wednesday, August 8, 1984 at 7:30 p.m. in the Council Chambers in Chanhassen City Hall, 690 Coulter Drive. The purpose of this hearing is to consider the application of the Lotus Lake Estates Homeowners Association for a Conditional Use Permit to allow certain improvements to be made to the Association's Recreational Beachlot located on the easterly shore of Lotus Lake and legally described as Outlot B, Lotus Lake Estates. Proposed Beachlot improvements include adding one addi- tional seasonal dock, four (4) sailboat moorings, and allowing for the overnight storage of 10 watercraft (5 per dock). A plan showing the location of the proposed recreational beachlot improvements is available for public review 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. M4, Scott A. Martin Community Development Director Phone: 937-1900 (Published in the Carver County Herald on July 25, 1984) 40 • NOTICE OF PUBLIC HEARING PROPOSED CONDITIONAL USE PERMIT CITY OF CHANHASSEN, MINNESOTA NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Wednesday, August 8, 1984 at 7:30 p.m. in the Council Chambers in Chanhassen City Hall, 690 Coulter Drive. The purpose of this hearing is to consider the application of the Lotus Lake Estates Homeowners Association for a Conditional Use Permit to allow certain improvements to be made to the Association's Recreational Beachlot located on the easterly shore of Lotus Lake and legally described as Outlot B, Lotus Lake Estates. Proposed Beachlot improvements include adding one addi- tional seasonal dock, four (4) sailboat moorings, and allowing for the overnight storage of 10 watercraft (5 per dock). A plan showing the location of the proposed recreational beachlot improvements is enclosed for your reference. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. M4, Scott A. Martin Community Development Director Phone: 937-1900 (Published in the Carver County Herald on July 25, 1984) Carver County QAbstract and Title Company OFFERS YOU 0 COMPLETE TITLE SERVICES IN CARVER COUNTY • TITLE INSURANCE • ESCROW 5 CLOSING SERVICES • ABSTRACTS OF TITLE • REGISTERED PROPERTY ABSTRACTS • RECORDING SERVICE • irsi�sisesota MLTA /and fif/e asap. R[.: +•u?� iisuis• ' 3j OZ2 ��j''�� !_' CARVER COUNTY, MINNESOTA OMMLED BY- ,arver Co ty stract and Title Company 0 0 350 feet THIS IS TO CERTIFY that the following is a list of ownerships/adjoining and abutting subject premises, viz: Outlot "B", Lotus Lake Estates; Said list is according to the records of the County Treasurer, Carver County, Minnesota: 1. Salvatore J. Banmarita 14. Harry & R. Coffin 91 Choctaw Circle 110 Choctaw Circle Chanhassen,Minn. 55317 Chanhassen,Minn. 55317 2. Gary A. Welch 15. Frank and Florence WINDSOR 101 Choctaw Circle 120 Choctaw Circle Chanhassen,Minn. 55317 Chanhassen,Minn. 55317 3. Craig and Dolly Opel 16. Lary & L. Constantineau 105 Choctaw Circle P.O. Box 8019-117-116 Chanhassen,Minn. 55317 Walnut Creek, Ca. 94596 4. Norwest Mortgage Inc, National 17. Donald L. & B. O'Bryant Services Center 140 Choctaw Circle 3541 Hammond Ave. Chanhassen,Minn. 55317 P.O. Box 780 Waterloo, Iowa 50704 n A \ 5. James Riley 115 Choctaw Circle Chanhassen,Minn. 55317 6. Dean and Sally Brown Q� 155haChocsssn,aw Miinn e55317�- 7. Patrick & Marilyn McMahon 151 Choctaw Circle 1 ,r Chanhassen,Minn. 55317 8. B -T Land CanpanyqA� D 1055 E. Wayzata Blvd. Wayzata,Minn. 55391 Q O 9. Stephen & Lois Buchanan 141 Choctaw Circle Chanhassen,Minn. 55317 10. Howard Givens 135 Choctaw Circle Chanhassen,Minn. 55317 11. Harlan & Margaret Swanson 131 Choctaw Circle Chanhassen,Minn. 55317 12. Roger and D. Frick 125 Choctaw Circle Marge Chanhassen,Minn. 55317 e L Hanson 13. James M. & Sara Lacey Cert' ie Abstracter 121 Choctaw Circle Chanhassen,Minn. 55317 CITY OF CHANHASSEN DATED: July 16, 1984 181984 commuNITY DEVELOPMENT DEP Council Meeting July 9, 4F4 -2- Councilwoman Swenson - If I would offer any encouragement it would have to be tem- pered with the mood of the residents who live within 350 feet and I would have to look closer at the installation of the fence since I know there has been con- siderable controversy about putting fences on lakeshore lots. Other than that I think you would have to go through channels and a lot would depend in my deter- mination as to whether or not it would be agreeable with the citizens in the area. Councilwoman Watson - I would like to know how the neighbors feel, too. Just off the top of my head, a dock doesn't sound like too bad an idea but the overnight storage of boats I would be opposed to. Councilman Geving - Exactly my sentiments. I was surprised to learn that the dock already exists and the overnight storage of boats is something that we have been watching very carefully. I would be concerned about that. I like the idea of you going ahead and being able to use the beach area but I think we need to discuss this as an agenda item. Mayor Hamilton - There are some items on there that I don't have a problem with. I certainly would be opposed to any overnight storage. I think some of the things you have in here are fine and others we need to discuss at length. Steven Burke - I guess what the feeling I am getting is that if I went through the process of applying for the conditional use permit, that's more what you need, you need the reaction of the comunity out there now and without ding through the pro- cess the Council really can't make this judgment. I am not asking for it at this point but what I was looking for which I have gotten quickly here is that it's something that in order to make the judgment it would be made upon what the resi- dents out there now say and the feeling for the installation and what we are asking for and I will proceed and file for the conditional use permit and then that public hearing process will get the information that you need. I don't think the Council has time to deal with this without that information and I don't think that they should based upon information gathered four or five years ago. I would hope that you don't put it on a future agenda. I will be applying for the conditional use Permit and the variance and take it through the normal channels that way. LOTUS LAKE ESTATES HOMEOWNERS ASSOCIATION• Peter Beck - I am here tonight representing the Lotus Lake Estates Homeowners Association. The subject of the discussion involves the outlot platted as a part of Lotus Lake Estates. I am sure the Council is much more familiar with this one. It was platted in the late 701s. The development contract requires that for any alterations to the outlot a permit is required frau the City. Two permits have been sought. The first in 1980 to build a sand blanket beach area and to put a path in and in 1981 a more elaborate plan which involved a conversation pit and canoe racks and more importantly five 50 foot seasonal docks and I believe ten buoys for sailboats. The Council may know that portions of that request were granted. Only one dock was allowed and overnight storage was allowed for four non -motorized boats. That's the current situation. Those improvements that were authorized have been installed and it's the association's belief that the use of the outlot is in full compliance with the existing ordinance and conditions. At the time that the addi- tional docks and overnight storage of motorized boats was denied, the association, quite frankly, had run out of energy had determined not to pursue it any further at that time. Since then it has cane to their attention the severe impact that the restriction on overnight storage of boats is having on their use and enjoyment of the lake and on their property values. A few people is the subdivision like to fish with three horsepower motors, for instance, have to lug them up and down what the Council may know is a fairly substantial hill to get from the subdivision down to the beachlot and of course there are other members of the association who would like REGULAR CHANHASSENC� COUNCIL MEETING JULY 9, 1984 0 Mayor Hamilton called the meeting to order. The meeting was opened with the Pledge to the Flag. Members Present Councilman Horn, Councilwoman Watson, Councilwoman Swenson Councilman Geving Staff Present Lion Ashworth, Bill Monk, Scott Martin Jim Castleberry APPROVAL OF AGENDA: Councilwoman Stenson moved to approve the agenda as as pre- sented. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Geving and Horn. No negative votes. Motion carried. CONSENT AGENDA: Mayor Hamilton moved to approve the consent agenda pursuant to the City Manager's recommendation: 1. Softball Tournament at Lake Ann Park and 3.2 Beer License, August 17-19, Sons of the American Legion. Motion seconded by Councilwoman Watson. The following voted in favor: Mayor Hamilton, Councilwomen Watson and Swenson, Councilmen Horn and Geving. No negative votes. Motion carried. SUNNYSLOPE HOMEOWNERS ASSOCIATION: Steven Burke, President Sunnyslope Homeowners' Association, asked the Council to consider a conditional use permit to install a seasonal dock on their beachlot, canoe racks and a fence around the lot. He, further requested variance approval for the installation of the dock since the lot size is smaller than required by ordinance and also a variance to allow for the overnight storage of four boats. Steven Burke - I understand in reading through the file that back in 1978 or 1979 when Allan Gray, th loped in there, applied for a conditional use perm the neighborhood was very much against it and prio. conditional use permit, which costs $225, I would through the various public hearings and processes Council for a ruling, if it got to this point with if it's something you would entertain or if the op 1979 is so strong that it's a waste of our time to the process of public hearings. Mayor Hamilton - I think discussion seeing as normally is presented in something and we put it and they can give you a various correspondence that's on .s was before any homes were deve- t which included a building and to submitting our variance and .ike to find out that if we went .eading up to bringing it to the no objection from the community, position that was back in 1978 and even spend the $225 to go through what I would like to do without getting into a lot of how this is not a regular agenda item but merely an item that our Visitor Presentation where we allow someone to present on an agenda later. I might just poll the Council Members brief statement on how they feel about your proposal. Councilman Horn - I couldn't comment on this without further discussion on the sub- ject. Apparently there the beachlot requirement wasn't any communication with the property owners on what is. Council Meeting Jul,, 1984 -3- to use motorized boats on the lake and it's very inconvenient for them to do so. More importantly, though, has been the impact on their property values. For instance, from the restrictions it came apparent to the County Assessor, the appraised value was decreased from $18,000 to $1,400. A very substantial impact and property values throughout the subdivision have been lowered by the assessor, I think an average of 15% and independent appraisals have indicated even a much more severe impact. A great deal is attributable to the lack of full access on the lake. They have determined to see what they can do about gaining some more use of the lake and they have asked me to help them out with it and they have also care up with a plan which, they feel, is something that they can live with as an association. One important fact that's different from the last time around is that this outlot now has been deeded to the association comprised of the 44 lots. Previously it was thought that the outlot would have to serve the entire 144 lots. They have gotten together as an association and agreed on a plan which would call for one additional dock and they would like to put five boats for overnight storage without a restric- tion on motorized or non-inotorized on each dock. A total of ten boats. They would also like four sailboat buoys. Certainly well aware of the history of this I am sure the Council can assume there would be opposition to this plan from other owners on Lotus Lake. That's been the history of the matter. We don't intend to present this as something that has approval of other owners on the lake. So for purposes of discussion tonight I guess you could assure there would be opposition to it. We are also aware of the City Ordinance which says that there should not be overnight storage on beachlots. We suggest that the ordinance should not really appropriately apply to this lot because it was enacted after the lot was platted and many of the home sites sold. We would also inquire as to whether the Council would consider some changes in that ordinance which seems rather severe in not allowing any over- night storage of boats in the situation where there is a beachlot. Five boats are allowed to be stored at lake front lots which are individually owned. Certainly restrictions on numbers that are relivent to the area of lakeshore available and the number of hams are appropriate but this is roughly 900 feet of frontage on the lake which is not your common beachlot situation. I am just inquiring as to whether the Council would entertain a proposal for overnight storage of ten boats. It's clearly going to be the most controversial aspect of it. Councilman Horn - I think we covered this pretty well last time. I would have less of a problem with the mooring of the sailboats than I would the overnight storage of motorized craft. Councilwoman Swenson - One of the reasons there was this restriction and it didn't develop in the contract, if the homeowners were not apprised of this fact, the responsibility fell with the developer and not with the City because this was in the development contract. The main reason for this restriction was because of the sen- sitivity of lakeshore. Having been down there many times unless there is something that I am not aware of that's true at this time I guess I would have a rather nega- tive reaction. Peter Beck - The development contract says there should be no development or altera- tion without a permit but it doesn't speak specifically to docks or overnight storage of boats. Councilwoman Swenson - I think if you were to go back and check what they went through before you would find that there was a lot of lengthy discussion about this and basically the question is conservation of the sensitivity of the shore. Councilwoman Watson - I am not real happy about the idea of overnight storage of boats. I would be willing to look at it again. Council Meeting July 9&84 Councilman Geving - The major concern that I had when we started this whole process back in the late 70's was the vegetation in the area that you now have a dock. We hadn't proposed any docks. We started from zero and we worked up to one dock and some canoe racks and I still feel very strongly about the vegetation in that area that you are proposing the new dock. I would need to know a lot of information about what's in that area, how it looks. I have walked that area and it seemed like that's even a more vegetative area than even where we have the dock now. Originally we had a conservation easement covering that whole area and I was very much in favor of maintaining it just the way it was so I will be very tough to deal with on this particular issue but I see no problem with the mooring of sailboats. Peter Beck - This dock is there because that's where we think it would be the best for the lake. Councilman Geving - I would have to know how many of the homeowners have motorized craft as opposed to non-imtorized. Fina well are the canoe racks working out. Haw many sailboats do you have in the area. Peter Beck - I can't answer that but I can tell you that in deciding on ten they determined that won't be enough and they will have to conduct a lottery to select the people. Councilman Geving - I want to know what the vegetation is and what a proposed dock would do to that. mayor Hamilton - I am not opposed to an additional dock nor am I opposed to sailboat moorings. I think what we have been trying to accomplish right along is to preserve the shoreline and the water quality of Lotus lake and I think by having sailboats or non -motorized boats on a lake of any kind you tend to do that. It would be nice if we had nothing but sailboats here. I certainly have no problem with mooring then out there. Overnight storage of boats, I do have a problem with. I would have to do some more review. Go back and see what we discussed last time and the develop- ment contract is certainly a concern of mine also. Peter Beck - The ten motorized or non -motorized, just non-regulated, and whoever won the lottery could put whichever they had is clearly going to bethe most controver- cial aspect and we really are just here to determine whether we are tilting on wind - That's mills by suggesting overnight storage of motorized boats. That's our bottom line. CONTINUATION OF PUBLIC HEARING RECERTIFICATION OF ASSESSMENTS FOR TAX FORFEITED LANDS Mayor Hamilton called the public hearing to order. No one from the public was pre- sent. Mayor Hamilton - It has been recommended by staff that the five parcel assessments, #2,3,5,10, and 11 be deleted as each lot is unbuildable without a variance. Councilman Geving moved to close the public hearing. Motion seconded by Mayor Hamilton. The following voted in favor: Mayor Hamilton, Councilwomen Swenson and Watson, Councilmen Geving and Horn. No negative votes. Motion carried. SPECIAL ASSESSMENTS, TAX FORFEITED LANDS: RESOLUTION #84-34: Councilwoman Watson moved the adoption of a resolution recer- tifying the following special assessments on tax forfeited lands: May 31, 1984 * C ITY40 F CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 Mr. Peter Beck Larkin, Hoffman, Daly, Lindgren Law Firm 1500 Northwest Financial Center 7900 Xerxes Avenue Minneapolis, MN 55431 Dear Peter: Enclosed is a fully executed original copy of the Conditional Use Permit for the Lotus Lake Estates Homeowners Association recreational beachlot in Chanhassen. As we recently discussed, you will forward the Association's original to their Secretary or other responsible party for their file, as you have been retained by the Association to assist them in seeking a possible amendment to the permit. Please feel free to contact me if you have any questions. Sincerely, �W# k M ot. Scott A. Martin Community Development Director SAM:k Enclosure JAMES P. LARNIN ROBERT L MOFfMAN JACK F. DALY D. KENNETH LINDGREN ANDREW W DANIELSON WENOELL R. ANDERSON GERALD M. FRIEDELL ROBERT B. WHITLOCK ALLAN E MULLIGAN ROBERT J. HENNESSEY RONALD R. FLETCHER JAMES C. ERICKSON EDWARD J. DRISCOLL JAMES P. MILEY JOHN A. MCHUGH GENE N. FULLER JOSEPH W. ANTHONY DAVID C. SELLERGREN JOHN M FULLMER ROBERT E. BOYLE FRANK L HARVEY RICHARD A. FORSCHLER RICHARD A. NORDBYE ROBERT T. MONTAGUE, JR. CHARLES S. MODELL CHRISTOPHER J. DIETZEN RICHARD I. DIAMOND JOHN R. BEATTIE JAMES M. STROTHER LINDA N. FISHER THOMAS P. STOLTMAN STEVEN G. LEVIN FORREST O NOWLIN MICHAEL C. JACKMAN STEPHEN B. SOLOMON JOHN E DIEHL EMBER D. REICMGOTT August 16, 1984 • 0 LARKIN, HOFFMAN, DALY & LINDGREN, LTD. ATTORNEYS AT LAW 1500 NORTHWESTERN FINANCIAL CENTER 7900 XERXES AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55431 TELEPHONE 16121835-3800 TELECOPIER NO. 16121 835-5102 1700 FIRST BANK PLACE WEST 120 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA SS402 TELEPHONE 16121336-6610 Mr. Don Ashworth City Manager City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, Minnesota 55317 Re: Lotus Lake Estates Dear Mr. Ashworth: FEDERAL PRACTICE PARTNERSHIP LARKIN, MCCARTHY, NOEL,FALR 6 MINSHALL SUITE 1110 1301 PENNSYLVANIA, N.W. WASHINGTON, D.C. 20004 TELEPHONE t2O21737-1000 PETER R. BEC. JON S SWIER..WSKI MICHAEL 5. MARGULIES THOMAS J. FLTNN RODERICK I. MACKENZIE JAMES P. OUINN ROBERTG.RENNER DANIEL A. QUINLAN JEROME H. KAHNKE TODD L FREEMAN CATHY E GORLIN ANDREW J. MITCHELL MICHELE P. MCGEE DAVID G. MOELLER JONN A. COTTER' KATHLEEN M.OATES• THOMAS G. M -DONALD. BRADLEY M. LEHRMAN BEATRICE A. ROTHWEILER SHERRILL OMAN KURETICH PAUL B. PLUNKETT SUSAN R. BURNIGHT SUSAN E. BARNES AMY DARR GRADY ALAN L. KILDOW NAOMI M. WILLIAMSON GARTH C. COLLERA' OF COUNSEL JOSEPH ITI. ADMITTED IN WISCONSIN "PRESENTLY ADMITTED ONLY IN FLORIDA Enclosed is a letter which sets forth in detail the request and the reasons therefor of the Lotus Lake Estates Homeowners Association for a permit to make improvements to Outlot B in Lotus Lake Estates. This request is due to be heard before the Board of Adjustments and Appeals and the City Council on August 20, 1984. Please forward copies of the enclosed letter to each member of the Board of Adjustments and Appeals and the City Council for their review along with the original Application materials. Please call if you have any questions. Y�' PetW K. Beck, for LARKIN, HOFFMAN, DALY ks Enclosure & LINDGREN, LTD. AUG 171984 CM 9F CHANHAS5LN A,TTAcAi me 0T '1" /a JAMES P. LARKIN ROBERT L. HOFFMAN JACK F DALY D. KENNETH LINDG REN ANDREW W. DANIELSON WENDELL R. ANDERSON GERALD M, FRIEDELL ROBERT B. WHITLOCK ALLAN E, MULLIGAN ROBERT J. HENNESBEY RONALD R, FLETCHER JAMES C. ERICKSON EDWARD J. DRISCOLL JAMES P MILEY JOHN A. MCHUGH GENE N. FULLER JOSEPH W. ANTHONY DAVID C. SELLERGREN JOHN D. FULLMER ROBERT E. BOYLE FRANK 1. HARVEY RICHARD A FORSCHLER RICHARD A. NOROSYE ROBERT T. MONTAGUE, JR. CHARLES S. MODELL CHRISTOPHER J. DIET2EN RICHARD I. DIAMOND JOHN R. BEATTIE JAMES M. STROTHER LINDA N. FISHER THOMAS P. STOLTMAN STEVEN G. L VIN FORREST D. NOWLIN MICHAEL C. JACKMAN STEPHEN B. SOLOMON JOHN E. DIEHL EMBER D. REICHGOTT August 16, 1984 0 9 LARKIN, HOFFMAN, DALY &. LINDGREN, LTD. ATTORNEYS AT LAW 1500 NORTHWESTERN FINANCIAL CENTER 7900 XERXES AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55431 TELEPHONE 1612) 835-3600 TELECOPIER NO. (612) 835-5102 1700 FIRST BANK PLACE WEST 120 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 1612) 336-6610 FEDERAL PRACTICE PARTNERSHIP LARKIN, MCCARTHY, NOEL, TALK 6 MINSHALL SUITE 1110 1301 PENNSYLVANIA. N,W WASHINGTON, D.C. 20004 TELEPHONE (2021737-1000 Chanhassen Board of Adjustments and Appeals Chanhassen City Council City of Chanhassen P.O. Box 147 690 Coulter Drive Chanhassen, Minnesota 55317 PETER N. BECK JON S GWlEB.WSKI MICHAEL S. MARGULIES THOMAS J. FLYNN RODERICK I. MACKENZIE ES P. OmNN ROBERT G. RENNER DANIEL A. QUINLAN EROME H.K NNKE TODD I. FREEMAN CATHY E. GOBLIN ANDREW J. MITCHELL MICHELE P. McGEE DAVID O. MOELLER JOHN A. COTTER. KATHLEEN M. OATES' THOMAS G. M. DONALD - BRADLEY H, LEHRMAN BEATRICE A, NOTHWEILER SHERRILL OMAN KURETICH PAUL B. PLUNKETT SUSAN R. BURNIGHT SUSAN E. BARNES AMY DARR GRADY ALAN L. KILDOW NAOMI M- WI LLIAMSON GARTH C. COLLER" OF COUNSEL JOSEPH GITIS I CO..SIND NEIN RE'ENTLY ADMITTED ONLY CITY OF CHANHA38EN RSEC F-*IVED RUG 171984 COMMUNITY DEVELOPMENT DEN Re: Lotus Lake Estates Homeowners Association Application for Permit to Make Improvements to Recreational Outlot, Application for Variance to Allow Overnight Storage of Boats, and Alternative Request for Zoning Ordinance Amendment Dear Board and Council Members: This letter is submitted in support of the request of the Lotus Lake Estates Homeowners Association (the Homeowners Association) for a permit to make certain improvements to the recreational outlot platted as Outlot B, Lotus Lake Estates (Outlot B). The requested improve- ments are: 1. Installation of one additional seasonal dock; 2. Installation of four sailboat moorings; 3. Permission to store overnight at the existing and proposed docks a total of ten watercraft without restriction as to motors. This request for permission to make improvements is made pursuant to the Development Contract entered into when Lotus Lake Estates was platted (the Development Contract), which requires that a permit be obtained from the City Council before there is any "development, alteration, or disturbance" of Outlot B. Because the City has amended 0 0 L.ARKIN, HOFFMAN, DALY & L.INDGREN, L.TD• Chanhassen Board of Adjustment and Appeals Chanhassen City Council August 16, 1984 Pace 2 its zoning ordinance since the Development Contract was entered into to prohibit overnight storage of boats on "recreational beachlots" (the Beachlot Ordinance) a variance from this prohibition is requested. Finally, if a variance is not granted, the Homeowners Association requests, in the alternative, that the City Council amend the Beachlot Ordinance to eliminate the distinction between individually owned waterfront lots and waterfront lots owned by Homeowners Associations, so that all private owners of lake shore property in the City are treated equally. BACKGROUND Lotus Lake Estates is located on the east side of Lotus Lake, north of the Colonial Shores development and south of the recently approved Fox Hollow development. Lotus Lake Estates consists of 44 home sites, 40 of which are currently occupied by homes, and a very large recreational outlot which spans the entire length of the subdivision's frontage along Lotus Lake. Outlot B is approximately 900 feet long along the lake and varies between approximately 50 feet to 150 feet wide. The total area in Outlot B is between three and four acres. HTSTORY The original concept plan approved by the City for Lotus Lake Estates in 1974, included 21 lots with shoreline on Lotus Lake. The property on which the subdivision is located subsequently changed hands and the original plan was amended a number of times. In 1978, B -T Land Company became the developer and, at the City's request, amended the concept plan to eliminate any direct access lots to the lake and to provide instead Outlot B which would provide access to the lake for all residents of the subdivision. The Lotus Lake Estates subdivision was then approved by the City and the Development Contract entered into in 1979. At the time of this approval it was contemplated that there would be 144 home sites in the subdivision and that Outlot B would provide access to the lake for each of these lots. However, the second phase of the development subsequently became Fox Hollow and Outlot B has recently been deeded to the owners of the 44 home sites in Lotus Lake Estates. Outlot B will therefore be used exclusively by these 44 lots. The Development Contract entered into between the City and B -T Land Company in 1979, provides that a permit must be obtained from the City Council for any "development, alteration, or disturbance" of Outlot B. The precise language is found in paragraph 28 of the Development Contract, and reads as follows: 11 • L.ARKIN, HOFFMAN, DALY & 1.INDGREN, LTD• Chanhassen Board of Adjustment and Appeals Chanhassen City Council August 16, 1984 Page 3 28. Limitation on Alteration of Outlot B - No portion of Outlot B shall e 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 and procedure shall be as set forth in Section 23 of the Chanhassen Zoning Ordinance. Neither the Development Contract, nor any provision or condition of the approval of Lotus Lake Estates indicates that the installation of seasonal docks or the overnight storage of watercraft on Outlot B was or would be prohibited. In fact, paragraph 25 of the Development Contract, which requires that a homeowners association be organized to own and manage Outlot B, provides, in part, as follows: "Said Outlot B shall be encumbered with restrictive covenants which shall regulate parking of motor vehicles, docking of watercraft, 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 by the City Attorney." Those activities which the City specifically intended to prohibit (overnight camping) were expressly prohibited in the Development Contract. There is no such prohibition on the installation of seasonal docks or the overnight storage of watercraft. The restrictive covenants required by paragraph 25 of the Development Contract, which were approved by the City Attorney, provide, in Article V, Section 5 thereof, in part, as follows: 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. It is clear from these documents that at the time Lotus Lake Estates was platted it was contemplated by the City and the developer that improvements to Outlot B would require a permit from the City, but that only overnight camping would be prohibited. If the City had intended to prohibit overnight storage of watercraft or the installation of seasonal docks, it could have and would have done so in express terms. This was not done, however, and the only condition of approval of the plat with respect to these issues is that a permit 0 0 LARKIN, HOFFMAN, DALY 8c LINDGHEN, LTD. Chanhassen Board of Adjustment and Appeals Chanhassen City Council August 16, 1984 Page 4 be obtained. It should also be noted, because there has been some confusion, that no conservation easement over Outlot B or any portion of Outlot B was required or granted as a condition of the approval of the Lotus Lake Estates plat, and no such easement exists today. Since the Development Contract was entered into there have been two requests from the Homeowners Association for a permit to improve Outlot B. The first request was made in 1980, by the early homeowners in Lotus Lake Estates. This request sought approval to install a sand blanket swim area, a pedestrian walkway, and two canoe racks. This request was granted by the City without any opposition. A second request, in 1981, generated considerably more controversy. That request sought permission to install further improvements including a conversation pit, a swimming raft, two additional canoe racks, ten sailboat mooring buoys and five 50 -foot seasonal docks, each to contain eight boat slips. Following a considerable amount of debate the conversation pit, swimming raft, and canoe racks were approved, the sailboat moorings were denied, all but one dock was denied, and overnight storage of four nonmotorized boats was allowed at the single dock. The improvements authorized to date have been installed and Outlot B is currently being operated in compliance with all prior approvals and City ordinances. THE REQUESTED IMPROVEMENTS The request before the Board of Adjustments and Appeals and the City Council, as set forth above and in the application materials, is to permit: (1) installation of one additional seasonal dock, located in the northern portion of Outlot B (the exact location will be shown in more detail in a series of graphics which will be available for the Board and Council meetings); (2) installation of four sailboat moorings, two in the northern portion of Outlot B and two in the southern portion; and (3) permission for overnight storage at the existing and proposed docks of a total of ten watercraft, without restrictions as to motors. The locations suggested in the application materials and in the graphics for the additional dock and the sailboat moorings have been selected to minimize the impact of these improvements on the lake and to separate the uses of Outlot B. The additional dock is proposed to be located in an area of the outlot where the water depth drops off quickly, so that the dock will be shorter (because it will only extend to four feet of water depth). It is also located at the opposite end of Outlot B from the existing dock to reduce any tendency towards a congested look and to separate to the maximum extent possible the swimming, boating and fishing uses of Outlot B. 0 0 L.ARKIN, HOFFMAN, DALY & L.INDGREN, LTD. Chanhassen Board of Adjustment and Appeals Chanhassen City Council August 16, 1984 There has been some question as to whether the proposed dock would be located on or would intrude upon a wetland area. There are no wetland areas as shown by the City's wetland map or as defined in the City's ordinances along or within Outlot B. We will provide for the Board's and Council's review a series of pictures of Outlot B which will show that the proposed dock and sailboat moorings will not intrude upon any wetland area nor do any harm to the outlot or the lake. However, if the City Council or Board of Adjustments prefer that a different location be selected for the proposed dock, the Homeowners Association is open to suggestions as to an appropriate location. The present request for additional improvements to Outlot B is being made by the Homeowners Association in Lotus Lake Estates for many reasons. In the three years since the last request for additional improvements to Outlot B was denied the Homeowners Association members have come to realize that the inconvenience of being unable to store a motor boat overnight on Outlot B, or to launch a motor boat from Outlot B, has seriously detracted from their enjoyment of and ability to use Lotus Lake. Furthermore, since the City's restrictions on the use of Outlot B took effect in 1982, the Homeowners Association members have experienced a severe effect on the value of their property. For instance, when the restrictions on the use of Outlot B became apparent to the County Assessor, the appraised value of Outlot B was decreased from approximately $18,000 to approximately $1,400. This is a more than 908 reduction in value. In addition, property values throughout the subdivision have been lowered by the assessor an average of approximately 15%. Independent appraisals have indicated a much more severe impact and homeowners within the subdivision have experienced great difficulty in selling their homes. There are presently a number of homes in the subdivision which have been foreclosed on and turned over to banks because they could not be sold for the amount of their underlying mortgages. This fact in particular has led the Homeowners Association members to conclude that they have no choice but to seek permission to obtain increased use of Outlot B and to pursue this request to a final resolution. In addition to the impact on property values, homeowners in Lotus Lake Estates have experienced such inconveniences as the necessity to carry fishing motors up and down the steep hill leading to the lake just to get out on the lake to go fishing. Also, the need to trailer and drive any motor boat or sailboat to a public launch on a daily basis is a considerable inconvenience, particularly to people who paid a premium to live on the lake. These considerations have led the 40 owners of the lots in Lotus Lake Estates to approach the City once again to seek improvements to Outlot B. Prior to making this request they have conducted a survey of their members to determine the absolute minimum need for access to the lake. 0 0 L.ABKIN, HOFFMAN, DALY & L.INDGAEN, LTD. Chanhassen Board of Adjustment and Appeals Chanhassen City Council August 16, 1984 Paqe 6 This survey has determined that the overnight storage of ten boats on Outlot B is the minimum required. Even this will require that a lottery be conducted by the Homeowners Association to allocate storage spaces. CONSIDERATIONS FOR THE BOARD AND THE COUNCIL IN EVALUATING THE MERITS OF THE PROPOSED IMPROVEMENTS A. This is a Different Pro osal, Made Under Different Circumstances, Than the Request Denied in . We would initially caution the City against treating the issues raised by this request as having been resolved by the 1981 action on the request made at that time. This request is vastly different from the request made in 1981, and is made under significantly different circumstances. The request in 1981, was for five docks, 40 boats, and ten sailboats. The present request is for one additional dock, a total of ten boats to be stored at the docks, and four sailboat moorings. This represents a substantial decrease in the proposed use of Outlot B and the consequent impact on Lotus Lake. Furthermore, this request is made under substantially different circumstances. At the time the 1981 request was denied no one, including the Homeowners Association members, anticipated the impact that the restrictions on their use of Outlot B would have on their property values. Had the Lotus Lake Estates Homeowners known in 1981 what they know now about the impact of the Council's action on their property values, they certainly would have pursued their request for additional access to the Lake further. No one can afford to accept a 90% decrease in the value of the outlot or a 158 decrease in the value of their home. A second major difference in circumstances is the fact that Outlot B now serves merely the 44 lots in Lotus Lake Estates -- not the 144 lots proposed in 1981. This means that the use of Outlot B will be substantially less than anticipated earlier. The present request for a permit should be evaluated in light of this significant fact. B. The Proposed Improvements are Appropriate. The limited uses proposed for Outlot B in the request presently before the City are entirely appropriate for a piece of lakeshore property as large as Outlot B. City guidelines for recreational beachlots require that they have at least four feet of lakeshore frontage for each lot served by the beachlot. Outlot B is over five times bigger than required by this guideline. Furthermore, City ordinances would permit nine separate lots to be platted along the 900 feet of frontage 0 0 LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Chanhassen Board of Adjustment and Appeals Chanhassen City Council August 16, 1984 Page 7 encompassed by Outlot B. Each of these nine lots would be permitted one dock and the overnight storage of five boats, for a total of 45 boats. In light of these two guidelines, it clearly cannot be said that the proposed installation of one additional dock and total overnight storage of ten boats would be an unreasonable or excessive use of this property or would endanger the lake in any way. Furthermore, it cannot be said that the proposed improvements would adversely affect any other person's enjoyment of the lake. There are no neighbors on either side of Outlot B nor in the immediate vicinity of Outlot B who would be subjected to increased boat traffic or inconvenience if overnight storage of boats were permitted on Outlot B. Taking all factors into consideration, including the size and the length of lake frontage of Outlot B, its location on the lake and the absence of private homeowners in the immediate vicinity, it is readily apparent that the proposed limited use of Outlot B is entirely appropriate and reasonable. C. The Prohibition on Overnight Storaae of Boats Should not As outlined in the history of this matter set forth above, the City's prohibition on overnight storage of boats on recreational beachlots was enacted subsequent to the platting of Lotus Lake Estates subsequent to the execution of the Development Contract between the City and the developer of Lotus Lake Estates, and subsequent to the Homeowners Association's earlier requests to make improvements to Outlot B. Under these circumstances it is our opinion that the installation of improvements on Outlot B is a matter governed by contract under the terms of the Development Contract and the covenants approved by the City and filed against each of the lots in Lotus Lake Estates. The Development Contract and the covenants clearly the allow installation of docks and the storage and docking of boats, subject to review of construction details and the granting of a permit by the City. Under the unique circumstances of this case the subsequently enacted Beachlot Ordinance prohibiting overnight storage of boats is not applicable and the City has the authority to grant the requested permit without the granting of a variance or amending the ordinance. D. If a Variance is Required, its Granting is Appropriate. Alternatively, if the City determines that the Beachlot Ordinance is applicable and that a variance would be required to grant the permit sought by the Homeowners Association, the facts and the history underlying this request merit the granting of such a variance. The City's zoning ordinance establishes four standards for granting a variance, as follows: 0 0 LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Chanhassen Board of Adjustment and Appeals Chanhassen City Council August 16, 1984 Page 8 1. That there are special circumstances or conditions affecting the land, building, or use referred to in the application for the variance. 2. That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. 3. That the granting of the application will not be materially detrimental to the public welfare or injurious to property in the area adjacent to the property for which the variance is sought. 4. That the grant of the variance will be in keeping with the spirit and intent of this ordinance. Each of these standards is met by the request for an additional dock and overnight storage of watercraft on Outlot B. 1. There are Clearly Special Circumstances or Conditions Affecting Outlot B, Both With Respect to the History Its Creation and Its Physical Characteristics. The history behind the creation of Outlot B has been set forth above. Outlot B was created at the City's request, in lieu of platting lake- front lots, to provide access to Lotus Lake for all homeowners in Lotus Lake Estates. When created it was contemplated by both the City and the Developer that the homeowners in Lotus Lake Estates would enjoy full access to Lotus Lake over Outlot B, subject to the City's right to approve specific improvements. It was not contemplated when Outlot B was created that no overnight storage of watercraft would be permitted. Had the Developer known that the City would subsequently impose restrictions on the homeowners' rights to access to Lotus Lake, they would not have platted the Outlot and would have gone forward with the earlier plan of platting individually owned lots down to the lake. Under these circumstances, it is clearly appropriate to grant a variance to allow the limited access to Lotus Lake sought in the current application. The unique nature of Outlot B is also a special circumstance or condition affecting the land which warrants the granting of a variance. Outlot B is unlike any other outlot in the City with respect to both its size and the amount of lake frontage it contains. There was some concern expressed at the Planning Commission that to permit the overnight storage of boats on Outlot B would create a Precedent requiring the City to permit overnight storage at all recreational outlots. This fear is unfounded, however, due to the unique nature of Outlot B. LARKIN, HOFFMAN, DALY & LINDGREN, LTD• Chanhassen Board of Adjustment and Appeals Chanhassen City Council August 16, 1984 Paqe 9 There simply is no other recreational beachlot in the City which even approaches the physical size of Outlot B, let alone has the same historical background. Outlot B contains approximately three and one-half acres and over nine hundred feet of frontage on Lotus Lake. In addition, it is not adjacent to or even in close proximity to any other individual property owner whose use or enjoyment of the lake would be harmed by permitting the limited use of Outlot B sought in this request. Granting a variance to permit overnight storage of watercraft on Outlot B in these extraordinary circumstances would not create an obligation to grant similar variances to fifty foot outlots which are immediately adjacent to residential properties and which serve a subdivision which is physically removed from immediate proximity to the lake. 2. Granting the Variance Sought b Necessary for the Preservation S Association is of Substantial As set forth above, the inconvenience associated with the inability to store motorized watercraft overnight on Outlot B has seriously detracted from the enjoyment by Homeowners Association members' of their property rights. In addition to mere inconvenience, a downright dangerous situation has been created where elderly homeowners are forced to carry small fishing motors up and down the steep trail leading to Outlot B just to spend the evening fishing on Lotus Lake. Granting the variance is necessary for the preservation of the residents' enjoyment of their riparian property rights as well as for the preservation of their property values, as discussed above. 3. Granting Permission for Overnight Stora a of Watercraft o Outlot B will Not be Materia33y Detrimenta to t e Public Welfare or Injurious to Property in the Area Adjacent to Outlot B. As mentioned above, there are no individual property owners adjacent to or even in close proximity to Outlot B whose property, or use of the lake, would be injured or materially affected by granting overnight storage of ten watercraft on Outlot B. It can also not be said that granting permission to store ten watercraft on Outlot B will be materially detrimental to Lotus Lake when the City's own ordinances would allow overnight storage of up to forty-five watercraft on Outlot B had it been platted as individual lots. 4. Granting the Variance Sought Will be in Keeping With the Spirit and Intent of the City's Zoning Ordinance. The purpose of prohibiting overnight storage of watercraft on recreational beachlots is to protect adjacent property owners and the 9 0 LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Chanhassen Board of Adjustment and Appeals Chanhassen City Council August 16, 1984 Page 10 City's lakes from overuse and abuse. Permitting overnight storage of ten watercraft on a three and one-half acre parcel of property with over nine hundred feet of lakefront footage is keeping with this intent, because it reduces the potential use of this property from nine docks with 45 boats to two docks and ten boats. the proposal is Particularly consistent with the intent of the ordinance because the property in question is not immediately adjacent to or in immediate proximity to any other property owner whose use of his property would be adversely affected by the proposal. Granting the requested variance allowing limited use by the homeowners in Lotus Lake Estates of Outlot B is clearly warranted by the City's standards for the granting of variances. •Beyond that, however, it is simply the reasonable and fair thing to do. Permitting overnight storage of ten watercraft on an outlot of this size which serves forty-four homeowners is not unreasonable nor inconsistent with the City's policies and purposes in enacting its water regulation ordinances. To grant this variance is merely to recognize the unique physical characteristics of Outlot B as well as the historical background of the creation of Outlot B. Granting a variance in these unique and unusual circumstances will not set a precedent which will require the City to routinely grant variances from the Beachlot Ordinance for ordinary 50 -foot recreational beachlots. E. If the Beachlot Ordinance is Deemed Applicable, and a variance is not Deemed Appropriate, the Ordinance Should be Amended to Eliminate the Prohibition on Overniqht Storaqe of Watercraft at eational Beach Lots. Alternatively, if the City determines that the prohibition on overnight storage of watercraft is applicable to Outlot B notwithstanding the terms of the development contract, and further determines that a variance from this prohibition is not appropriate, the Homeowners Association would submit to the City that it must, in these circumstances, amend the Beachlot Ordinance so that all owners of lakeshore property in the City are treated equally. It is suggested that the ordinance is inappropriate and should be amended for the following reasons: 1. As a practical matter, the ordinance will not accomplish the purposes for which it was adopted; 2. As a legal matter, the ordinance violates the rights of recreational beach lot owners to equal protection of the law; and 3. The ordinance affects a taking by regulation of recreational beach lots. L.ARKIN, HOFFMAN, DALY & L.INDGREN, LTD. Chanhassen Board of Adjustment and Appeals Chanhassen City Council August 16, 1984 Page 11 1. As a Practical Matter, the Prohibition on Overnight Stor o Watercraft on Recreational Beachlots, Which was Enact akes. W111 Have The prohibition on overnight storage of watercraft on recreational beachlots has been shown in the Lotus Lake Estates' situation to have a drastic impact not only on the value of the beachlot itself, but also on the value of the homes served by the beachlot. This experience will prevent the Developers of the remaining open land on City lakes from platting lakefront outlots. Instead, they will be forced to plat private lots up to the lake. Each of these lots, pursuant to City ordinance, will be entitled to one dock and overnight storage of up to five boats. This will mean an increase in the number of boats on City lakes, as opposed to the decrease which was sought when the Beachlot Ordinance was enacted. Using Lotus Lake Estates as an example, if the ordinance had been in effect when Lotus Lake Estates was platted, Outlot B never would have been included in the plat and there would have been at least nine and possibly more individually -owned lakefront lots. This would have resulted in up to forty-five watercraft, as opposed to the ten which the Homeowners Association is currently proposing. A more sensible approach to controlling the number of watercraft on recreational beachlots is to set reasonable restrictions on the use of these outlots which are related to the amount of lakefront footage, the area of the outlot, and the number of homes to be served by the outlot. A reasonable formula which considers each of these factors could be devised which would permit access to the lake for homeowners in lakefront subdivisions, while preventing overuse of lakefront property. The solution is not to prohibit all overnight storage on beachfront lots, because this will merely result in future developers platting individual lots down to the lake. The Council's prior experience has shown that it does not have the right to deny a developer the right to plat lots to the lake and to install docks in accordance with the City's ordinances. 2. The Beachlot Ordinance Violates the Right of Beachlo In addition to the practical considerations, the Council should also be aware of the legal issues raised by the disparity in treatment accorded by the City's ordinances to individual owners of lakefront property and homeowners whose ownership of lakefront property is through a Homeowners Association. The Minnesota Supreme Court has consistently held that a zoning ordinance must operate uniformly on all those similarly situated. See Northwestern College v. City of Arden Hills, 281 N.W.2d 865, 869 (1979) (citing Hay v. Township of 0 LARKIN, HOFFMAN, DAI.Y 8c LINDGREN, LTD. Chanhassen Board of Adjustment and Appeals Chanhassen City Council August 16, 1984 Paqe 12 Grow, 296 Minn. 1, 206 N.W.2d 19 (1973)). Neither the Beachlot Ordinance itself nor the record of its adoption sets forth any rational basis for distinguishing between lakefront property owned individually and lakefront property owned privately through a Homeowners Association. Nor are we aware of any reasonable, rational basis related to the public health, safety, or welfare which would support such a distinction. In fact, the record surrounding the adoption of the Beachlot Ordinance indicates that it was proposed by and adopted by the City Council at the urging of, a citizens' committee composed of many, if not all, members who live on individually owned lakefront lots. Although adopted to prevent uncontrolled and excessive use of surface waters, the Beachlot Ordinance imposes the burden of shouldering this effort on the owners of recreational outlots, while individual lot owners maintain their own right to store up to five boats. We feel that the language of the ordinance as well as the historical background behind its adoption clearly demonstrates a violatoin of the equal protection rights of the owners of recreational beachlots. 3. The Beachlot Ordinance Effects a Taking by Regulati Finally, we believe that the prohibition on overnight storage of boats and the restrictions on other improvements to and uses of Outlot B has effected a taking of Outlot B from the Homeowners Association members. There are two lines of judicial cases which lead to this conclusion: (1) cases defining riparian rights; and (2) cases dealing with the taking by regulation of property in general. With respect to riparian rights, the Minnesota Supreme Court has consistently held that although some regulation is permitted, riparian rights incident to private ownership of shoreline may not be violated without payment or just compensation. See, In re Minnetonka Lake Improvement, 56 Minn. 513; Nelson v. DeLong, 7 N.W. Rpt. 2d 342. An absolute prohibition on the overnight storage of watercraft goes far beyond the government's permissible regulation of riparian rights. The drastic impact which the Beachlot Ordinance has had on the value Of Outlot B, as well as on the homes in Lotus Lake Estates, also raises a serious question as to whether this ordinance has effected a taking of the outlot. The Minnesota Supreme Court has held that where regulation goes too far it will be recognized as a taking. Sanderson v. City of Willmar, 162 N.W.2d 494 (1968). The Sanderson case is particularly on point because in that instance the City of Willmar imposed on a property owner a provision which gave the city a right of first refusal if the landowner wished to sell his property and which also drastically reduced the value of the property. The City of LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Chanhassen Board of Adjustment and Appeals Chanhassen City Council August 16, 1984 Chanhassen has imposed on Outlot B the status of nondedicated open space. Pursuant to Section 21.03(1) of the City's zoning ordinance, Outlot B cannot be sold or disposed of without first offering to dedicate it to the City or some other government agency. The City subsequently enacted the beach lot ordinance which reduced the value of Outlot B by over ninety percent. These circumstances combine to create a situation very close to that which the Supreme Court held in Sanderson effected an unconstitutional taking of the landowner's property. We feel that the beach lot ordinance in general, and in particular as applied to Outlot B, could be challenged as a taking of private property without just compensation. The appropriate remedy in such an instance is for the court to enjoin enforcement of the ordinance. CONCLUSION The citizens of Chanhassen who reside in Lotus Lake Estates are requesting that the City allow them to install one additional dock, install four sailboat moorings, and permit the overnight storage of ten watercraft on their recreational outlot. They make this request because it has become apparent to them that the restrictions on the use of Outlot B which are currently in effect have severely affected and have, for all practical purposes, taken from them their ability to use and enjoy both Outlot B and Lotus Lake. They also feel that the impact which the current restrictions on their use of Outlot B have had on their property values leaves them no choice but to pursue this request. The Council should also consider that this request is made by forty homeowners and residents of the City, not by an absentee developer. The residents of Lotus Lake Estates own 900 feet of lakeshore property on the lake and as concerned as the Council is and as their neighbors are with preserving and enhancing the qualities of Lotus Lake which make it an attractive and pleasant place to live. They are asking no more, in fact they are asking substantially less, than their fellow lakeshore owners on Lotus Lake are entitled to. We will appear at the Board of Adjustments and the August 20, 1984, and will present some graphics at will give the Board and the Council a clear picture requested. We will also be happy to respond to any time. Very tru ours, Peter R. Bec , for LARKIN, HOFFMAN, DALY a LINDGREN, Ltd. Attorneys for Lotus Lake Estates Homeowners Association Council hearings on that time which as to what is questions at that Lotus lake Association Re: Coucil Meeting - Aug. 20, 1984 4nn, Z(,,iGWt Dear Council members: The Lotus Lake Homewoners Association urges you to support the 3eacnlot Ordinance and to reject the current request by Lotus Lake Estates. We have consulted with two independant outside lawyers who have concurred on the following points: 1. The intent and purpose of the Beachlot Ordinance is to "preserve the present quality of public waters by preventing uncontrolled and excessive use of the surfane of public waters, the abutting shoreline, and thus securing the safety -of-the public in the use of public waters." The city has the rieht and even the duty to uphold this intent. 2. Beachlots can be controlled differently from privately owned lakeshore lots. 3. Currently Lotus Lake Estates is requesting two docks, overnight dockage of motorized boats, sailboats etc. No significant changes have occured since the present permit was issued and no changes should be allowed. In fact, the current Conditional Use permit for overnight mooring of rowboats was illegal accornine to our present rC nce. !his in tact cannot w e given by Cnneiitional Use permit and would require an amendment to the Ordinance. LL. Restriction of overnieht dockaee is the best way to prevent over utilization r*hile allowing Beachlot owners to use the lake. Consider that a private :army with a dock and five boats may generate 1 or 2 boat uses per day. An association with 44 families would use 5 boats almost coninuously. Mr. Beck, lawyer for Lotus Lake Estates,argues that overnight dockage cannot be restricted on a beachlot while it is allowed on a private lakeshore lot. He argues that the principle of "equal Protection" under law will overturn this point and nullify the Ordinance. We submit that a court would consider the total effect of the Ordinance,. not just one paragraph concerned with overnight dockage. 4easonableness of the total effect is the important issue. (over) R-rTPKQ-km�-t►T `11 lr ner chamce a court would overturn the Beach Lot Ordinance based on •"equal protection" or any other reason, the Beach lot would be governed by the 4ater Surface "sage 0-dirance. "Equal protection" :aouid provide privileees equai to and not greater than that of a private lakesnore let: 1 dock and 5 watercraft (watercraft indicates all types of boats). Lotus Lake -states already nas more than is allowed: 12 canoes and 4 rowboats, Mill they be satisfied to have their present number of watercraft reduced to j ? You are already familiar with our environmental concerns, we hope that these will enter into your decision making. We are equally concerned about the ramifications of erantine variances or amending the Beach Lot Ordinance to allow overnient mooring of boats. F,very present and future Outlot (there are already on Lotus Lake with the possibility of 3 more large developments) would certainly look at these changes as encouraeemert to increase their number of watercraft especially motorized boats. Howwouid Council justify granting one outlot privileges it might want to deny to another? The proliferation of boats of all types poses a serious threat of over utilization to all our Chanhassen lakes. For these reasons, we urge you to uphold our recently passed Beach Lot Urdinance and Not to erant variances or amend the Ordinance in any way V Susan Conrad John Cunningham Linda Sathre Henry Sosin Marge Spleitoff Sincerely the Board of Lotus lake Association Jack Melby Harvey Parker Sandy Cunningham Wally Coudron Bob Doles 4b C I T144MJ F CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: Don Ashworth, City Manager FROM: Scott A. Martin, Community Development Director DATE: October 12, 1984 SUBJ: Lotus Lake Estates Beachlot Request Peter Beck, attorney representing the Lotus Lake Estates Homeowners Association, called me today and asked that his client's conditional use permit and variance requests be removed from the October 15, 1984 City Council agenda. Mr. Beck requests that both items be rescheduled for the Council meeting of November 19, 1984. C I TY*O F CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 STAFF REPORT TO: Zoning Board of Adjustments and Appeals FROM: Scott A. Martin, Community Development Director DATE: August 14, 1984 SUBJ: Variance Request #84-8 to allow the installation of one additional dock and the overnight docking and mooring of watercraft on the Lotus Lake Estates Recreational Beachlot. The above referenced variance request goes hand-in-hand with a pending Conditional Use Permit request (#84-8) for proposed Recreational Beachlot improvements. Attached for your reference is the full staff report on the Conditional Use Permit request, which also refers to the requested zoning variances. In summary, the petitioners are requesting the following variances to the Recreational Beachlot regulations of the Zoning Ordinance: 1. Variance to Section 14.04(2)(f) to allow more than one dock on a recreational beachlot. 2. Variance to Section 14.04(2)(d) to allow the overnight mooring and docking of watercraft (10 boats proposed at dock and 4 sailboats proposed to be moored in the abutting waters of Lotus Lake). The Conditional Use Permit amendment request for this property will be considered by the City Council on August 20, 1984. Attachment 1. Staff Report (and all attachments) on Conditional Use Permit Request #84-8, dated August 2, 1984. MEMORANDUM • GTYVOF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 TO: Chanhassen Planning Commission FROM: Scott A. Martin, Community Development Director ivam� DATE: August 3, 1984 SUBJ: Request to Initiate an Amendment to Section 14.04(2)(d) of the City Zoning Ordinance to Allow the Overnight Storage, Mooring, and Docking of Watercraft on and Adjacent to Recreational Beachlots The Lotus Lake Estates Homeowners Association has submitted the attached request to amend the Zoning Ordinance as described above. The Zoning Ordinance provides that only the Planning Commission or City Council can initiate amendments to the text of the Zoning Ordinance (Section 24.02). Therefore, the most appropriate pro- cedure to follow is for the Commission to first consider this request informally in order to determine whether or not such an amendment has merit. The Recreational Beachlot regulations presently provide that "No recreational beachlot shall be used for purposes of overnight storage or overnight mooring of watercraft in abutting waters, or overnight docking of boats, or other watercraft; provided, however, that canoes may be stored overnight on any recreational beachlot if said canoes are stored in canoe racks specifically designed for that purpose. Docking of watercraft or seaplanes is permissible, however, at any time other than overnight." Should the Commission decide to initiate the requested amendment, the earliest possible date for conducting a public hearing would be September 12, 1984. PLANNING COMMISSION ACTION On a motion by Albee and seconded by Ryan the Commission voted unanimously to recommend denial of the request of the Lotus Lake Estates Homeowner's Association to initiate an amendment to the recreational beachlot regulations of the zoning ordinance. Attachments 1. Letter from Peter Beck dated July 20, 1984. 2. Planning Commission Minutes dated August 8, 1984. JONX E. OIEryI EMBER 0. REICMOOTT July 20, 1984 CITY OF CHANHASSEN Mr. Scott Martin ��� 231984 Community Development Director City of Chanhassen P.O. sox 147 COMMUNITY DEVELOPMENT DEP 690 Coulter Drive Chanhassen, Minnesota 55317 Re: Lotus Lake Estates Application for Zoning Ordinance Amendment Dear Scott: This letter is to respond to your request for the specific Zoning Text amendment sought in the Lotus Lake Estates' Application for a Conditional Use Permit, Zoning Variance and Zoning Text Amendment. The text amendment sought is to section 14.04(2)(d) of Ordinance 47 eliminating the prohibitions in that section against overnight storage or overnight mooring of water craft in waters abutting recreational beachlots and overnight docking of boats or other water craft. Our point will be that this section should be amended to make it consistent with the provisions of the City's water usage ordinance so that all owners of lakeshore property in the City are treated equally. If the Council will not entertain the Application for Amendment of Ordinance 47, we will request, in the alternative, that a variance from this section of the Ordinance be granted to permit construction LARK HOFFMAN, DALY & LINDGREN LTD. JAMES P. LARKIN ATTORNEYS AT LAW ROBERT L. MOFiMAN PETER N. BECK F DAL Y JON S SW IERZEW SNI M K1 O. MEH LINGO wEN 1500 NORTHWESTERN FINANCIAL CENTER T.. A. 5...... L1E5 r"oww5 J. FLY ANDREW W. W W. OANIELSON ROOERICN I. MACNENZIE R. ANDERSON 7900 XERXES AVENUE SOUTH JANE$ P. DUINN GERALD H. GERALD M FRIEDELL ROBERT ROBERT B. WHITLOCK MINNEAPOLIS, MINNESOTA 55431 G. REHNER DANIEL A. QUINLAN ALLAN E MULLIC AN JEROME N. NAMHNE ROBERT J. HENNESSEY TELEPHONE 16121 835-3800 TODD L FREEMAN RONALD R. FLET..C. CATHY E. GORLIN JAMES C..RICNSON TELECOPIER NO. 16121835-5102 ANDREW J. MITCHELL COWARD J. DRISCOLL MICHELE P. MCGEE JAMES P. MILEY DAVID G. MOELLER JOHNA' MCHUGN GENE M FULLER 1700 FIRST BANK PLACE WEST FEDERAL PRACTICE PARTNERSHIP JOHN A COTTER' JOSEPH W. ANTHONY 120 SOUTH SIXTH STREET LARKIN. MCCARTHY� NOEL,FALK 6 MINSHALL KATHLEEN M. OATES' THOMAS G. L4cDONAIO` DAVID C. SELLERGREN JON" M FULLMER MINNEAPOLIS, MINNESOTA 55402 SUITE 1110 RAOLEY M. LEMRMAN ROBERT E.BOYLE FRANK .HARVEY TELEPHONE ;6121338-6610 1301 PENNSYLVANIA, N.W. BEATRICE A. ROTMW EILEq SHERRILL OMAN KURETICH RICHARD A. FORSCMLER WASHINGTON, 0.C. 20004 PAUL B. PLUNKETT SUSAN R. BURNIGMT RICHARD A NOROBYE SUSAN E. BARNES ROBERT T. MONTAGUE, JR. TELEPHONE I202I 737-1000 ANY DAR. GRAOY CHARLES S. MODELL ALAN L. KILDOW LDOWWILLI CHRISTOPHER J. DIETZEH RICHARD I. DIAMOND NAOMI M. MSON GARTM C. COLLER" JOHN R.E JAMES M. STROBTROTMER OF COUNSEL LINDA FISHER JOSEPH OITIS THOMASS $TOLTMAN G.. `NOWTEVEN ORRE9T O NOW LIN TTEO 1 ONSIN MICHAEL C. JACKMAN"PRESENTLY STEPHEN B. SOLOMON ADMITTED ONLY IN FLORIDA JONX E. OIEryI EMBER 0. REICMOOTT July 20, 1984 CITY OF CHANHASSEN Mr. Scott Martin ��� 231984 Community Development Director City of Chanhassen P.O. sox 147 COMMUNITY DEVELOPMENT DEP 690 Coulter Drive Chanhassen, Minnesota 55317 Re: Lotus Lake Estates Application for Zoning Ordinance Amendment Dear Scott: This letter is to respond to your request for the specific Zoning Text amendment sought in the Lotus Lake Estates' Application for a Conditional Use Permit, Zoning Variance and Zoning Text Amendment. The text amendment sought is to section 14.04(2)(d) of Ordinance 47 eliminating the prohibitions in that section against overnight storage or overnight mooring of water craft in waters abutting recreational beachlots and overnight docking of boats or other water craft. Our point will be that this section should be amended to make it consistent with the provisions of the City's water usage ordinance so that all owners of lakeshore property in the City are treated equally. If the Council will not entertain the Application for Amendment of Ordinance 47, we will request, in the alternative, that a variance from this section of the Ordinance be granted to permit construction r� I.ARKIN, HOFFMAN, DALY & LINDGREN, LTD. Mr. Scott Martin July 20, 1984 Page 2 of an additional dock on the Lotus Lake Estates recreational beachlot, as outlined in the plan submitted with the Application. Please call if you have any questions. Sincerely, -C' Petdi K. Beck, for LARKIN, HOFFMAN, DALY & LINDGREN, LTD. ks cc: Mr. Jim Lacey Lotus Lake Estates Homeowners Association Planning Commission Minutes August 8, 1984 Page 7 Amendment initiate an a Ordinance to watercraft on Estates Homeo Public Present E;� i request to e Zoning nd docking s, Lotus La Peter Beck, representing the Lotus Lake Estates Homeowner's Association, and approximately 30 interested citizens were in attendance at the public hearing. Albee moved, seconded by Ryan, to recommend denial of the request of the Lotus Lake Estates Homeowner's Association to initiate an amendment to the recreational beachlot regulations of the zoning ordinance. All voted in favor and the motion carried. The Planning Commission gave the following reasons for recom- mending denial of the association's request: 1. The potential for intensifying the use of City lakes by non - riparian property owners. 2. The existing ordinance was adopted within the last two years following a great deal of public input and discussion. Circumstances have not substantially changed since the ordi- nance was adopted to justify the consideration of the requested amendment. Peter Beck felt that the City should consider each case on its individual merits and not to refuse to consider it because it would set a precedent. He also stated that he saw nothing in the ordinance which indicates what makes a jointly owned outlot dif- ferent from one held by one individual to such an extent that the outlot is denied any overnight storage of boats while the individ- ually owned property is permitted 5 boats without restrictions. Conditional Use Permit Request #84-9 to allow the motel rooms and a 50 person capacity meeting room Chanhassen Inn Motel, located at 531 West 79th St Zamor, Applicant. Public Present Mr. & Mrs. Lawrence Zamor tion of 18 Martin explained that the request is to allow the addition of 18 motel rooms and a 50 person capacity meeting room on the existing motel which contains 51 units. He stated that the property is Central Business District and makes it subject to a conditional use permit without any specific standards and intended to give flexibility in the development review process. He explained that �-rT SOT 79-6 Conditional Use Permit M April 8, 1983 C I TY60 F C'-- CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 Mr. Rick Murray B -T Land Company 1055 East Wayzata Blvd. Wayzata, MN 55391 Dear Mr. Murray: In researching the status of the undeveloped lots in Lotus Lake Estates, I find that four lots remain with outstanding assessments totaling $4,349.83 each (1983 payment plus 1983 balance). Also, one lot has a 1982 delinquency in the amount of $2,021.92. Since the intent of the City's agreement with B -T Land Company is to maintain security relating to these undeveloped lots, this office can and will allow a reduction in your letter of credit to an amount of $20,000. Should you have any further questions concerning this matter, please let me know. Sincerely, William Monk City Engineer WM:k cc: Don Ashworth, City Manager March 25, 1983 0 C1TY*DF 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 Mr. Richard Murray B -T Land Company 1055 East Wayzata Blvd. Wayzata, MN 55391 Dear Mr. Murray: It is my understanding that you are aware of the $30,000 letter of credit covering assessments in Lotus Lake Estates that was inadvertantly allowed to expire on January 4, 1983. I am interested in correcting the situation and having a replacement letter issued as soon as possible. I am sure you will have some questions, so at this point I will ask that you contact me at your convenience so we can discuss the matter more fully. Sincerely, William Monk City Engineer WM:k 0 s LARSON & HERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 553402 TELEPHONE CRAIG M. MERT2 (612) 333-1511 OF COUNSEL November 24, 1982 HARVEY E. SKAAR MARK C. MCCULLOUGH Bob Waibel City Planner Box 147 Chanhassen MDI 55317 Re: Lotus Lake Estates Outlot B Dear Bob: I have looked over the restated conditional use permit, which you sent to Mr. Parsons in your letter of November 17, 1982. The date on page one of the restated permit will have to be changed to conform to the November 2, 1982, date used on page eight. When the Mayor and the City Manager sign the restated permit, they should be asked to initial the deletion of the word "row." CMM:ner cc: Scott A. Martin Very truly yours, f I� f% CRAIG HERTZ Assist nt Chanhassen City Attorney CITY pIve-F,1\1;r � N Nov 29W r.OMMUNITY DEVELOPMENT DEPT CITYO:)F CHANHASSEN �l 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 November 17, 1982 Mr. James B. Parsons, President Lotus Lake Estates Homeowners Association 6800 Burle Circle Chanhassen, MN 55317 Dear Mr. Parsons: I am in receipt of two copies of the executed restated con- ditional use permit for the Lotus Lake Estates Beach Lot. Our records indicate that 3 copies had been forwarded to you with the request that all three be signed and returned to the City for the signatures of the Mayor and City Manager. In order that we may finalize this matter, please forward the third copy of the con- ditional use permit signed by yourself. Once the Mayor and City Manager have signed all three copies, we will return one of those copies for the Homeowners Association records. If you have any questions or comments, please do not hesitate to contact me. Sincerely, Bob Waibel City Planner BW:bf cc: Scott A. Martin, Community Development Director Russell Larson, City Attorney 0 a y�y -q�;a55 October 12, 1982 -�.ka +� C I TY G:) F C111-P CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 Mr. James B. Parsons, President Lotus Lake Estates Homeowners Association 6800 Brule Circle Chanhassen, MN 55317 Dear Mr. Parsons: Our records indicate that an executed Conditional Use Permit for the Lotus Lake Estates Beach Lot as amended by the City Council on August 31, 1981 and August 23, 1982 has not yet been delivered to City Hall. In order that no problems arise which would render the amendments to the Conditional Use Permit invalid, I strongly urge you to have the signed permit delivered to the City on or before October 22, 1982. As you know, the current Conditional Use Permit has had the word "row" stricken from Section 2.11(b). As such, you may eliminate this word from your copies of the permit in accordance with Scott Martin's letter to you of August 24, 1982. If you have any quesitons, please do not hesitate to contact me. Sincerely, Bob Waibel City Planner BW: bf CC: Scott A. Martin, Community Development Director CITY40F SS 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 August 24, 1982 Mr. James B. Parsons, President Lotus Lake Estates Homeowners Association 6800 Brule Circle Chanhassen, MN 55317 RE: Section 2.11 of the Lotus Lake Estates Homeowners Association Conditional Use Permit for Recreational Beach Lot. Dear Mr. Parsons: In response to your letter of July 19, 1982, the Chanhassen City Council approved a minor modification of Section 2.11 of the Association's Recreational Beach Lot Conditional Use Permit at their meeting of August 23, 1982. The approved modification eliminates the word "row" from Section 2.11(b) of your permit, which has the effect of allowing the over- night docking of not more than four (4) non -motorized boats, not to exceed sixteen (16) feet in length, regardless of the type of boat. According to our records, the three (3) original copies of the "Restated Conditional Use Permit" which were forwarded to you on June 10, 1982 for your execution have not been returned to the City for execution by the Mayor and City Manager. Please eliminate the word "row" from Section 2.11 and return all 3 originals to me within ten (10) days. Your copy will be promptly returned following City execu- tion. I appreciate your prompt response to my letter of July 14, 1982, and would like to thank you for your continued cooperation. Sincerely, Scott A. Martin Community Development Director cc: Rick Murray, B -T Land Company Aaron Babcock George Donnelly, Building Official July 23, 1982 i CITY40F CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 B.T. Land Company Attn: Mr. Rick Murray 1055 East Wayzata Blvd. Wayzata, MN 55391 Re: Section 2.11 of the Lotus Lake Estates Homeowners Association Conditional Use Permit Dear Rick: I am in receipt of your letter of July 19, 1982, regarding the Lotus Lake Estates Conditional Use Permit. Although Mr. Martin is on vaca- tion, we did discuss this item before he left. City staff is in agreement with your recommendation. It is my intent to place this item on the City Council agenda of August 2nd. Again, City staff will be recommending approval of the change as requested by yourself. This item will appear as a consent agenda item. City Rules of Procedure allow the Manager to place items on the consent agenda which are anticipated to be of a non -controversial nature. This group of items are then voted on as a group without discussion. Should any council member wish to discuss an item, the item is deleted from the consent agenda, applicant notified of the removal, and the item is placed on the next City Council agenda as a separate discussion item. In light of the above facts, it is neither advisable nor necessary for you to attend the Council meeting of August 2nd. Should you have any questions, please feel free to contact me. Sincere , Don Ashworth City Manager DA:k CZ),je-v cc: James Parson, 6800 Brule, Chanhassen Craig Mertz, Assistant City Attorney Scott Martin, Community Development Director v r -T LAND COMPANNY0 1055 EAST WAYZATA BOULEVARD WAYZATA, MINNESOTA 55391 July 19, 1982 (612) 473-8511 Mr. Scott A. Martin Community Development Director City of Chanhassen P.O. Box 147 Chanhassen, MN 55317 RE: Section 2.11 of the Lotus Lake Estates Homeowners Association Conditional Use Permit. Dear Scott: We are in receipt of your July 14, 1982 letter advising that our Conditional Use Permit allows only the overnight storage of non -motorized rowboats. We apologize that a matter of this significance had to be brought to the City Staff's attention, it was not our intent to place this burden upon you. We were acting on the assumption that the spirit and intent of our Conditional Use Permit, specifically Section 2.11, was to eliminate motorized watercraft and to eliminate the length of the boats utilizing our dock. If my memory serves me correctly the docking of sailboats was even discussed during the public hearing since we were not allowed moorings. If we are unable to dock these boats we would have no other storage site for these small non -motorized watercraft. It would seem appropiate that the word row be removed from Section 2.11 of our Conditional Use Permit retaining both the size limitation and the restrictions on motors. We again sincerely apologize for this incident and trust that prompt consideration can be given by the City Council to truly reflect what we feel is the spirit and intent our Conditional Use Permit. Thank you for your cooperation in this matter. Sincerely, LOTUS HO%OWNERS ASSOCIATION ames B. Parson President 4TL 7LA Rick D. Murray Vice President RDM/bb CITY QF WA vHASSEN F%m.'. $V red �ut2o"c�2 E'FT I [IraL 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 CERTIFIED MAIL July 14, 1982 Mr. James B. Parsons, President Lotus Lake Estates Homeowners Association 6800 Brule Circle Chanhassen, MN 55317 RE: Boats Docked at Recreational Beach Lot Dear Mr. Parsons: Upon inspection of the Lotus Lake Estates Recreational Beach Lot on July 13, 1982, I observed two (2) sailboats docked at the Association's dock. Although my inspection was conducted during mid-afternoon, I have been advised by a Lotus Lake resident that at least one of these sailboats has been moored at this dock on a regular basis, including overnight mooring. If this is true, please be advised that the overnight mooring or docking of sailboats at the Association's dock is prohibited by Section 2.11 of the Association's Conditional Use Permit. Only four (4) non -motorized row boats which do not exceed sixteen (16) feet in length may be docked overnight at your dock. Overnight sailboat storage is restricted to the approved boat racks located on the beach lot. I would appreciate the Association's cooperation in complying with all of the provisions of your Conditional Use Permit. Sincerely, Scott A. Martin Community Development Director cc: Rick Murray, IIT Land Company Aaron Babcock George Donnelly, City Building Official bcc: Susan Conrad M CITY+O®F G� 690 COULTER DRIVE • R.O. 6OX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 CERTIFIED MAIL July 14, 1982 Mr. James B. Parsons, President Lotus Lake Estates Homeowners Association 6800 Brule Circle Chanhassen, MN 55317 RE: Boats Docked at Recreational Beach Lot Dear Mr. Parsons: Upon inspection of the Lotus Lake Estates Recreational Beach Lot on July 13, 1982, I observed two (2) sailboats docked at the Association's dock. Although my inspection was conducted during mid-afternoon, I have been advised by a Lotus Lake resident that at least one of these sailboats has been moored at this dock on a regular basis, including overnight mooring. If this is true, please be advised that the overnight mooring or docking of sailboats at the Association's dock is prohibited by Section 2.11 of the Association's Conditional Use Permit. Only four (4) non -motorized row boats which do not exceed sixteen (16) feet in length may be docked overnight at your dock. Overnight sailboat storage is restricted to the approved boat racks located on the beach lot. I would appreciate the Association's cooperation in complying with all of the provisions of your Conditional Use Permit. Sincerely, Scott A. Martin Community Development Director cc: Rick Murray, BT Land Company Aaron Babcock George Donnelly, City Building official bcc: Susan Conrad June 10, 1982 0 CITYNOF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 Mr. James B. Parsons President Lotus Lake Estates Homeowners Association 6800 Brule Circle Chanhassen, Mn 55317 Re: Lotus Lake Estates Beach Lot Dear Mr. Parsons: Enclosed for execution by B -T Land Company and Lotus Lake Estates Homeowners Association officials are three (3) original copies of the "Restated Conditional Use Permit" for the Lotus Lake Estates Beach Lot, as agreed to at the June 7, 1982 City Council meeting. Please have all three documents signed by both parties and return them to me as soon as possible for execution by the Mayor and City Manager. I will provide both you and B -T Land Company with an original copy once they are fully executed. If you have any questions concerning this matter, please don't hesitate to contact me. Your continued cooperation is most appreciated. Sincerely, Scott Martin Community Development Director cc: Russell Larson, City Attorney 01( „ Council Meeting June 6 1982 to _g_ S�4 KENYON KENNEL PERMIT APPLICATION: Mr. and Mrs. Joe Kenyon, 400 Pleasant Vi Road, were present seeking renewal of a kennel permit. 'Mr. Kenyon stated that they have had the kennel since 1946. He presented a petition signed by 30 of his neighbors stating that the kennel is not a nuisance or detriment to the neighborhood. Larry Tivy, Ill 370 Pleasant View Road, was present objecting to the kennel due to the odor and noise. Mr. Tivy has found a drain tile on his property that he feels drains from the kennel. He has plugged the tile with concrete. Mr. and Mrs. Bob Stevens stated they have lived in the neighborhood for 26 years and have never had a problem with the kennel. Councilman Geving moved to approve the Kenyon kennel permit application as presented and request the City Engineer to check the drain pipe to see what property it drains. Motion seconded by Councilwoman Swenson. The following voted in favor: Mayor Hamilton. Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. CSuncilman Horn suggested that the Kenyon's attempt..to feed the dogs later -in the morning so as not to disturb the neighbors. 2 SIGN PERMIT APPLICATION, CHANHASSEN CHIROPRACTIC CENTER: Dr. Donald Kristenson was present requesting approval to install a 3;1' x 14' wall -mounted business sign at 421 West 78th Street. Councilman Neveaux moved to approve the sign permit application for the Chanhassen Chiropractic Center, Permit 82-5, as recommended by the Community Development Director. Said sign to be located in the center of the building. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmer Neveaux, Geving, and Horn. No negative votes. Motion carried. J LOTUS LAKE ESTATES BEACH LOT, CONDITIONAL USE PERMIT: Aaron Babcock and Jim Parsons ((JJ were present. The Lotus Lake Homeowner's Association and B -T Land Company have signed the conditional use permit but added a new paragraph to the end of the permit. The new language states "Notwithstanding any language to the contrary herein, B -T Land Company and Lotus Lake Estates Homeowners Association do not waive any of their rights to challenge the provisions of this permit as being invalid, illegal or unenforceable." Mr. Babcock and Mr. Parsons agreed that the paragraph will be stricken from the contract. B -T Land Company also agrees to striking the paragraph. Councilman Neveaux moved to authorize the Mayor and City Manager to sign the permit as found in the June 7, 1982, Council packet with the deletion of the paragraph stated above. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. WATER SURFACE USAGE ORDINANCE, DNR RESPONSE: The Assistant City Attorney, and representatives of the Lake Study Committee will meet with the DNR to try to resolve the points raised by the DNR in reviewing the proposed ordinance. LOTUS LAKE ESTATES DEVELOPMENT, REVIEW ESCROW CHARGES: Rick Murray and Bruce Malkerson, Attorney, were present to discuss charges made to their escrow account. Rick Murray - It came to my attention last fall when we talked about the second and third additions of Lotus and I recognized then and staff pointed out to me that I had _- this deficit that was growing larger -and larger and larger in our first addition escrow account. Somehwat taken back, I asked, well, where did it come from. I thought we were done with our escrow and our platting process back in 1979 and they were very helpful in forwarding the charges. The most substantial of which was $3800 from Mr. Skaar's law office. I suspect now it's up around $5000. I had two points in 4 19 '��An Affidavit of Publication State of Minnesota ) )SS. County of Carver ) Stan Rolfsnud being duly swom, on oath says that he is and during all the time herein stated has been the publisher and printer of the newspaper known as the Carver County Herald and has full knowledge of the facts stated as follows: (1) Said newspaper is printed in the English language in newspaper for- mat and in column and sheet form equivalent in printed space to at least 1,290 square inches. (2) Said newspaper is a weekly end's distributed at least once each week for 50 weeks each year. (3) In at least half of Its issues each year has no C1has sen more than 75 percent of its printed space comprised of advertising material and paid legal notices; and in all of its Issues •7 .9f`,- each year, has 50 percent of its news columns devoted to news of local interest to the community which it purports to serve, and not more than 25 percent of its total nonadvertising column inches in any issues wholly duplicates any other -- publication unless the duplicated material is from recognized general news services. (q) Said newspaper is circulated in (9m Official Pahlfeatloa) and near Chaska and has at least 500 copies regularly delivered to paying subscribers and has entry as second<lms mat - CITY OF CHANHASSEN ler at the Chaska Post Office. (5) Said newspaper has its known office of issue established in Carver County in which lies CARVER AND HENNEPIN COUNTIES, the City of Chaska. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said MINNESOTA newspaper is available at single or subscription prices to any person, corporation, partnership or other incorporated NOTICE OF PUBLIC HEARING FOR A FINAL DEVELOPMENT PIAN AMENDMENT, B.T. association requesting the newspaper and making applicable payment IaSaid newspaper has complied with all the LAND COMPANY, CHANHASSEN. MINNESOTAforegoing conditions of this subdivision for at least one year last past. (9) Said newspaper has filed with the Secretary of NOTICE IS HEREBY GIVEN THAT The Plane- State of Minnesota prior to January 1, 1976 and each January 1 thereafter an affidavit in the form prescribed by the ing Commission of the City of Chanhassen, Min- Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that nesota, will meet at 6:30 p.m. on Thursday, the 27th the newspaper is a legal newspaper. day of May,1982, at the City Hall, 690 Coulter Drive, for the purpose of holding a public hearing to con- Legal #9245 Sider a final development plan amendment to con- He further states on oath that the pruned 9 - — stmct 110 residential condominium units on the following described tract of land: hereto attached as a part Outlots B and C, Lotus lake Estates hereof was ad the columns of said rre printedand there EngLg1ttang Plans for the proposed final development plan newspaper, end was PY 12 hiay X64. once amendment are available for inspection at City each week for successive weeks; that it was first so published on HH CCUU the 1j—LL of!L 19 and Hall. AU interested persons may appear and be heard at said time and place. was thereafter printed and published on every to and including the day of ,19_ and BY ORDER OF THE PLANNING COMMISSION - Bob 11'albel. City Plainer that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as (Pub. in Carver Count. Herald May 12, 1982) being the size and kind of type used in the composition and publication of said notice, to wit: abcdefgldlklmoopgrstuvwxyz AA Subscribed and sworn to before me this /0 day of '��'A✓u��'+— 19Q.+? i.�.........eee1e„ z} TH IA A. NOLDEN i L'AHY n'^- �C A'u.vFS UTA CAP —E-3("IINTY My Comna—..n 28. 1988 ......... «. �AR/Y� _ Notary public, -My Commission Exjm. 19JT6 REC A cD JAN 111983 CITY OF CHANHASSEN AFFIDAVIT OF PUBLICATION MA I& PUBLISHED IN Comw County ow Filed this day of (Judge of Probate) m 19 RUSSELL H. LARSON CRAIG M. MERTZ OF COUNSEL HARVEY E.SKAAR MARK C. MCCULLOUGH 0 0 Lf -?L. LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA S5402 May 21, 1982 Scott A. Martin Community Development Director Box 147 Chanhassen MN 55317 Dear Scott: TELEPHONE (6121 333-1511 Re: Beach Lot at Lotus Lake Estates In December of 1981, Mr. Waibel asked the Lotus Lake Estates Homeowner's Association to sign the proposed Restated Conditional Use Permit for the Beach Lot at Lotus Lake Estates. Hearing no response from the homeowner's association, the text of the proposed restated permit was submitted to the City Council for approval on January 18, 1982; at that meeting the language of the permit was approved. On April 22, 1982, the homeowner's association and B -T Land Co. signed the permit and tendered it to the Mayor for signature. T homeowner's association and B -T Land Co. have added a new paracrs r� tr,P and of h perms e w ang ge states "notwithstand any language to the contrary herein, B -T Land Co. and Lotus Lake Estate Homeowner's Association do not waive any of their rights to challenge the provisions of this permit as being invalid, illegal or unenforceable." From a legal standpoint, we find the new language unacceptable, as the association and B -T are in effect agreeing to none of the provisions of the permit. At least in the case of the existing permit dated March 10, 1981, the City and the association have agreed that enforcement costs may be recovered from B -T Land Co. in the form of assessments against Outlot B. We recommend that the restated permit, as signed by B -T on April 22, 1982, be resubmitted to the Council for approval, in view of the alteration to the text made by B -T. The Council has two options. First, it may choose to reaffirm its action of January 18, 1982, and direct the City Manager to sign the April 22, 1982,.permit. In the alternative, the Council's second option would be to advise B -T Land Co. that the original March 10, 1981, permit remains in force until such time as the association and B -T sign the restated permit in the precise form approved by the City Council on January 18, 1982. CMM:ner Very truly yours, CRAIG d. MERTZ Assistant Chanhassen City Attorney Lotus Lake Estates Homeowners Association Mayor Tom Hamilton And Chanhassen City Council Members Chanhassen, Minnesota 4/22/82 Council Planner cc. r°.,P- Building Attorney ✓_ Engineer .� Treasurer Police- & Rec. v Street Maint. Utilities Press Other�- S3/Gz 6 -r -b -0,;;) Date y//P z - RE: Restated Conditional Use Permit - Lotus Lake Estates Dear Mayor Hamilton and City Council Members: In compliance with your directive, the signed copy of the Restated Conditional Use Permit for Outlot-B, Lotus Lake Estates is attached. Over the past year and a half, we realize and appreciate the time and efforts put forth by yourself and fellow council members regarding our amended application. A lot of controversy over our use of the Outlot-B came to bear with the realization that another section (Outlot-C) was to be developed with approximately 100 more lots (with the rights to use the beach lot). B -T Land Development Company has now changed their plans and recently received a conceptual go ahead from the Planning Commission for development of multi -family dwellings. B -T has shown our Homeowners their developmental plans at our recent Homeowner Meeting. In their proposal they have included a provision to subdivide Outlot-B (beach lot) from Outlot-C (development area) whereby only the current 44 lots of Lotus Lake Estates will have exclusive rights to the beach lot. The multi -family homes will therefore not be using or have any lake access. Although their plans still need approval etc., it would seem that further considerations of our original proposal or amendment to allow for 5 docks and overnight docking of motorcraft, in addition to sailboat mooring should be made, especially with the fact that only 44 homes would be utilizing 1800 feet of lakeshore instead of 144 homes (41 ft. per home). We realize it is preliminary at this point to begin formal proceedings, but wanted to make you and the council members aware of the current developments and Lotus Lake Homeowners' concerns and intentions. JBP/msw Attachment Sincerely, LOTUS LAKE ES TES HOMEOWNERS ASSC. /=s 2 s B. Parsons esident �-iVEr'' APR 281982 CITY Or cNr'.,...+aa� . 0 The reimbursement obligation of BT and the Association under this section shall be a continuing obligation throughout the term of this permit. v mn m •,J cd v x a! N P w 0 1a aJ o mwwow N W o r. aJ m d1 o.y q0 0 cd W •rl a UJ �, Q) 41 •ri o 4 W % 7 4J ;J -H 0 003a.ro +-+ .a bo Q) 'd 0 A ,-oi W LS p l) . 4 Cd cd •ri p o w 00 >,'u bo R 010 14 ao14� ca '>. 0 4J ted Ed r. U W •r4 U •r%'1 IOU bcq o o bo �a W" 0 tl Q N a �H W c 1] 4J H born rn vp -H CU �q 3 4J •rl •H o }4 •,i 4J � Ja v � 0 d1 0 .0 0 z4x4Ja -x IN WITNESS these presents to be 198Y.A 5.02. Remedies Upon Default. C,L,LP a. Assessments. In the event either BT or the Associa o shall default in the performance of any of the covenants and agreements herein contained, and such default shall not have been cured within ten (10) days after receipt by BT and the Association of written notice thereof, the City, if it so elects, may cause any of the improvements described in BT's plan to be constructed and installed or may take action to cure such default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City, to be recovered as a special assessment under M.S. Chapter 429, in which case BT and the Association agree to pay the entire amount of the assessment roll pertaining to any such improvement within thirty (30) days after its adoption. BT and the Association further agree that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on the Subject Property for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineers, the notice requirements to BT and the Association shall be and hereby are waived in their entirety, and BT and the Association shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. b. Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to prevent violations of the within permit, to restrain or abate violations of the within permit, or to prevent use or occupancy of the Subject Property. WHEREOF, the parties hereto have caused executed on this - qA4 day of �h• 1 , • COMPANY4•HOMEOWNERS ASSOCIATION By By i And 4�L F And its Its eVzM CITY OF CHANHASSEN CONDITIONAL USE PERMIT BEACH LOT -LOTUS LAKE ESTATES This permit and agreement, made and entered into this A) " day of ! 1 1981, by and between 8-T Land Company (hereinafter BT and Lotus Lake Estates Homeowners Association (hereinafter the Association), and the City of Chanhassen, a Minnesota municipal corporation (hereinafter referred to as the City); WITNESSETH: That the City, in exercise of its powers Pursuant to M.S. §462.357, and other applicable state law, and §7.04 of the Chanhassen Zoning Ordinance, hereby grants to BT and the Association herein a conditional use permit to maintain and Operate a private neighborhood association recreational area upon Outlot B, Lotus Lake Estates, Carver County, Minnesota (hereinafter the Subject Property), subject to the following terms and conditions, all of which shall be strictly complied with as being necessary for the protection of the public interest: Section 1. Recitals. 1.01. Prior Plattin of Lotus Lake Estates. BT has Previously platted a tract of and 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 Association for the purpose o acquiring and maintaining certain common properties including the Subject Property for the benefit of the owners of lots in the plat of Lotus Lake Estates, and for the benefit of the owners of any lots platted in the future by a , further subdivision of Outlot C, Lotus Lake Estates. 1.04., DevelaTent 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 ani—to the Association, and rs not assignable or transferable except upon the written consent of the City. 2.02. Release of BT. The City, upon written request, shall release BT from Its 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 ubligations, covenants, and agreements hereunder. 2.03. Rig hts Under This Permit Not Expandable to Other Owners. This permit is issue or the benefit of the owners.o 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 92 03 m can and refer to any natural person who is either shall Owner of fee simple interest, or (b) the record o(a) the record �V contract for deed vendee's interest, or (c) the holder of any Possessory leasehold interest, in the wholeof any lot =g utlet: in Lotus Lake Estates, including authorized guests and family members of any such persons. 2.04_ Description of Pro The _ ��e U Subject to This Permit premises subJect to the within conditional use permit are described as follwos: Outlot B, Lotus Lake Estates, according to the map or plat thereof on file and of record in the Office of the County Recorder, in and for Carver County, Minnesota. 2.05. Certain Site Alterations Authorized. BT and the Association are hereby authorized to install a sand blanket swim area, pedestrian walkway and two canoe racks (with storage capacity -2- of six canoes per rack) as shown on the alteration plan, City Council Exhibit A, dated July 21, 1980. The swim area shall be marked with a minimum of three 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 Assocration and BT each agree to use every effort to keep tree loss as an absolute minimum. 2.07• Schedule of Work. BT and the Association agree that it shal have a_1I 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. 2.03. Erosion Control. BT and the Association at their expense, shall provide temporary dams, earthwork or such other devices and practices, including seeding of graded areas, as shall be needed, in the judgment of the City Engineers, to prevent the washing, flooding, sedimentation and erosion of lands and roads within and outside the Subject Property during all phases Of construction. BT and the Association shall keep all public streets free of all dirt and debris resulting from their construction upon the Sbuject Property. 2.09. Certain Structures Prohibited. Except for the two canoe racks escribed 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 52.03 hereinabove, or other pe'rson shall camp overnight on the Subject Property. 2.11. Motor Vehicle Parking and Boat Storaqe. 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 Di .claimer:_. 3.01. No Liability to Suppliers of Labor or Material. It is understood andagreed that the City, the City Council and the agents and employees of the City shall not be personally liable or responsible in any manner to BT or the Association, their contractors, or subcontractors, materialmen, laborers, or to any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this permit and agreement or the performance and completion of the work and improvements hereunder and the BT and the Association will save the City, the City Council, and the agents and employees of the City harmless from any and all claims, damages, demands, actions or causes of action arising therefrom and the costs, disbursements, and expenses of defending the same. 3.02. Written Work Orders. BT and the Association shall do no work nor furnish materials, whether covered or not covered by 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. SeverabiliLy. In the event any provisions of thiany court' -coeurt ofscompettentejurisdiction,lsuchlholdingeshallenotinvali- 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 and the same instrument. but one 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 Ci -Ty— w th evidence satisfactory tothe City that they have acquired fee title to the Subject Propertyfw,o, io b/ P)1" f'lso 10 fk n.�..PM 1 J1 \a'riii-. 4.05. Notices. All notices, certificates and other 4by N communications }iereunder shall be sufficiently given and shall be �+ deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and BT and the Association, by written notice given by one to the other, may designate any address or addresses, to which -4- notices, certificates or other communication 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 m 55391 4.06. Owners to be Notified of This Permit. The Association shallTurnish each owner, as that term isa 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 52.03 above, with a copy of this permit, within thirty (30) days of any such owner's initial occupancy of any residential structure in Lotus Lake Estates. 4.07. Term of This Permit. This permit shall expire on July 21, 2010. Section 5. Enforcement Provisions. 5.01. Reimbursement of Costs. BT and the Association shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of the within permit and the performance thereby by BT and the Association. Such reimbursement shall be made within fourteen (14) days of the date of mailing of the City's notice of costs as provided in 54.05 above. The reimbursement obligation of BT and the Association under this section shall be a continuing bbligation throughout the term of this permit. 5.02. Remedies Upon Default. A. Assessments. In the event either BT or the Association sha a ault in the performance of any of the covenants and agreements herein contained, and such default shall not have been cured within ten (10) days after receipt by BT and the Association of written notice thereof, the City, if it so elects, may cause any of the improvements described in BT's plan to be constructed and installed or may take action to cure such default and may cause the entire cost thereof, including all reasonable engineering, legal, and administrative expense incurred by the City, to be recovered as a special assessment under M.S. Chapter -5- 429, in which case 13T and the Association agree to pay the entire amount of the assessment roll pertaining to any such improvement within thirty (30) days after its adoption. BT and the Association further agree that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on the Subject Property for any amount so unpaid, and the City shall have the right to foreclose said lien in the mariner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineers, the notice requirements to BT and the Association shall be and hereby are waived in their entirety, and BT and the Association shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. B. Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to prevent violations of the within permit, to restrain or abate violations of the within permit, or to prevent use or occupancy of the Subject Property. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on this jt -4-t day of 1981. B -T LAND COMPANY LOTUS LAKE ESTATES HOMEOWNERS ASSOCIATION \ / BY J �/"/`G�/71 Cly By ! L - - i s And 4- -�-And its , c,- / �'s.11:.,1- it6-- CITY OF CHANHASSEN By i Mayor Attest City Clerk/Manager CM. STATE OF COUNTY OF MII'INESO•TA) ss. On this day of)1.,, . /-. , 19-s/ I,before me, a notary public within and o r said county, personally appeared-LA-"dfn I r V:.., r'•s> andl� �i/ i.•� to me personally known, who, being each by me du y sl — wo did say that they are respectively the 1It.- -t' a iand the i/c of B -T Land Company, and that said instrument was signed 1n behalf of said corporation by authority of its Board of Directors, and said,1�,� aryl and �1 acknowle gd ed said Instrument to be the free act an de—e f said cor oration. M. LEE GLOVER ! NOTARY N 'fUC - MINNESOTA _ I n/I WRIGHT COUNTY YY Cemmnuen E+onsa Aug 0.1906 Notary I u 11C\ ... v..N ...:.. \ \1 STATE OF MINNESOTA) \ ) ss. COUNTYOF(I&%'( i. ) On this /r day of • 19 n _7� before me, a notary public withiand for sal county, personally appeared _/�„< r.,b<<. and to me personally known, who, being each by me duly sworn, did say IF that they are respectively the ��<< I',rs.+ and of Lotus Lake Estates Homeowners Association, and that sal instrument was signed in behalf of said corporation by authority of its Board of Directors, and said,,e.. Px.%<<•cK_ aEtd- acknowle ged said instrument to be the free act and deed of said corporation. 14 RICK D. MURRAY NOTARY PVSLIC. MINNESOTA CARVER COUNTY My Commiavon E+Plry, Aug 0. +eee r.. - STATE OF MINNESOTA) ) ss. COUNTY OF ) Notary Public l On this day of 1 19 before me, a notary public within and for said county, personally appeared Thomas Hamilton and Donald W. Ashworth, to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Manager of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said municipal corporation by authority of its City Council, and said Thomas Hamilton and Donald W. Ashworth acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public LARSON & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST RUSSELL M. LARSON MINNEAPOLIS, MINNESOTA 55402 CRAIG M. MERTZ OF COUNSEL HARVEY E.SRAAR MARK C. MCCULLOVGM Rick Murray B -T Land Company 1055 East Wayzata Blvd Wayzata MN 55391 February 16, 1982 Lotus Lake Estates Homeowners Association c/o Aaron Babcock 125 Choctaw Circle Chanhassen MN 55317 Gentlemen: TELE ONE (612) 333-1511 Re: Outlet B Lotus Lakes Estates I believe that you have had for sometime a copy of the restated beach lot permit for Outlot B of Lotus Lake Estates. After B -T Land Company and the Homeowners Association have signed one copy of the restated permit, it should be returned to me. Please note that the signatures must be notarized. Until the restated permit is signed, the original March 10, 1981, Permit remains in force. If you have any questions, please call. CMM:ner enc CC: Scott A. Martin Very truly yours, CRAIG M. MERTZ Assistant Chanhassen City Attorney CITY OF CHAN/HASS�EN R L '..� I J *^... y FC -311S2 Con7MUI.';] ;'i'j'7ELUF i.' -AT DEFT �T� O I1 Q >9�L DEPARTMENT OF NATURAL RESOURCES ➢,� Metro Region Waters, 1200 Warner Road, St. Paul, MN 55106 PHONE No. 296-7523 January 25, 1982 Lotus Lake Estates Homeowners' Association C/o Mr. Aaron Babcock 125 Choctaw Circle Chanhassen, Minnesota 55317 RE: PERMIT EXTENSION 81-6121, SANK BLANKET, LOTUS LAKE (10-6) CARVER COUNTY Dear Mr. Babcock: FILE NO. uC 1 10C) As you requested in your January 7, 1982 letter, we have extended the termination date of permit application number 81-6121 to June 30, 1982. You are authorized to sand only the portion which was within the proposed boundaries, but was not completed. No plastic sheeting is authorized. All other terms and conditions of the permit shall remain in effect. Please send any future correspondejce to the adress listed above. Sincerely,/ Kent Lokkesmoe Regional Hydrologist KL/JB/ch Enclosure cc: USCOE, Tim Fell Riley -Purgatory Creek WSD qty of Chanhassen Carver County SWCD Bill Mihelich, C.O. St. Paul Waters Lotus Lake file AN EQUAL OPPORTUNITY EMPLOYER CITY OF CHANHASSEN 9 C) '082 "TY DEVELOPNIc-A OUT. �p- I Council Meeting Janus8, 1982 -7- significant amount of money. It could almost give us the required reserve that you are looking for and still not force us into a rate increase and I guess that's what I am shooting for. Don Ashworth - In terms of the legal requirements, there is no set percentage, there is no requirement under the law. The only requirement that there is is that during the course of a year, State Law says that a city should not incur deficit spending and it should not incur deficit spending within a fund. You look to see at what point during the year do I have the worst cash flow and at that point in time I am $20,000 or $30,000 in the hole, in the case of the General Fund it's $140,000, so the required reserve should basically be about $140,000 in the General Fund to assure that you get by that peak. The Utility Fund is a lot different because your revenues are coming in each month and your expense. I think that we are going to pull back out of the problem area that we had with the Utility Fund because the big rate increase that occurred this past year, really none of those revenues came in until mid -year and in fact at the time Tom and yourself looked at that I think at that particular month it was something like $20,000 in the hole. It was simply because the large rate increase that had been approved or at least considered by the Council almost one year prior to that date had been tabled and discussed, etc. and did not go into effect until April or May 1 of 1981. 7o action was taken. This item will be on the February 1, 1982, Council agenda. CONSENT AGENDA: Mayor Hamilton asked if members wished to discuss any items on the consent agenda. The following items were removed: (c) Beach Lot Ordinance, (e) Lotus Lake Estates Beach Lot Conditional Use Permit Amendment, and (g) Rules of Procedure were removed. There being no further comments, Councilman Horn moved to approve the following consent agenda items pursuant to the City Manager's recommendations a. Establish Police Committee Ordinance. b. Park Charge Fee. RESOLUTION 82-03. d. Set Meeting Date, Water Surface Usage, February 8. f. Water/Sewer Unit Availability Charges, Americ-Inn. h. Carver County Assessing Contract, Addendum. i. Set Date to Review Liquor License Fees, February 1, 1982. J. Park Two Development Contract. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. BEACH LOT ORDINANCE: Council members discussed the proposed ordinance. Councilman Horn moved to accept the proposed Beach Lot Ordinance with the deletion of any references to restrict seaplanes. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. LOTUS LAKE ESTATES BEACH LOT CONDITIONAL USE PERMIT AMENDMENT: Councilwoman Swenson moved to approve the Lotus Lake Estates Beach Lot Restated Conditional Use Permit. Motion seconded by Councilman Geving. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. RULES OF PROCEDURE, FORMALIZE AMENDMENT: Councilman Horn moved to approve the rules of procedure amendment. Motion seconded by Councilman Neveaux. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Motion carried. Council Meeting Janul$ 18, 1982 40 -8- STATE/LOCAL FINANCIAL CRISIS: A Legislative Action Conference, sponsored by the League of Minnesota Cities will be held January 27 at the Holiday Inn Central in St. Paul. The City Manager advised the Council that staff will be preparing a list of proposed budget cuts for the February 1 Council meeting. UMBRELLA LIABILITY INSURANCE: The City Attorney advised the Council that application has been made for public officials and employees liability coverage for the HRA. Russell Larson - As I reported to this Council on July 26, 1980, the State Law POLICE ADVISORY COMMITTEE: Mayor Hamilton volunteered to be the Council representative on this committee. Councilman Horn moved to appoint Mayor Hamilton as the Council representative to the Police Advisory Committee. Motion seconded by Councilman Neveaux. The following voted in favor: Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. Mayor Hamilton abstained. Motion carried. Councilman Geving moved to adjourn. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Meeting adjourned at 11:00 p.m. Don Ashworth City Manager t places $100,000/$300,000 limit on tort liability, that's negligent action. We did not attempt in that report to address the issue of whether the dollar limitation is constitutional except to observe that in a very serious case involving substantial loses in excess of those limits that a court could easily find that the statutatory limit of $100,000/$300,000 is unconstitutional. We see increasing the large awards and that they will be in order to take the umbrella coverage. That's going to cost $2,000 a year. Then you have got a $10,000 deductible. Again, as I point out in the letter of July 26, that you have these options. You have to make the choice. Fortunately at that time you took the public officials liability coverage, a month later you were sued. I am leaning towards recommending umbrella coverage because I am a little bit afraid of an adverse verdict that would be over the $100,000/$300,000 limitation and that our Supreme Court, as it's now constituted, may say that the statutatory limitation is unconstitutional as taking away a property right. There are no other limitations in any other area of effort to state. The death limit is gone. Again, it's going to cost you money. Don Ashworth - I could get a proposal. It would be a binder onto our existing policy. It would probably be a short term rate for the remaining portion of the year. If the coverage were extended the following year they would go back and re -rate us for the full 18 month period. Russell Larson - You have to remember that you have that $10,000 retention which is a deductible. Don Ashworth - Two courses of action, you could drop the item or instruct me to go back and come back with a specific endorsement cost. That would also have to encompass some kind of a budget modification to pay for the premium. Russell Larson - In my report of July 26 I made no recommendation at that time. I am prepared at this time to recommend that you do get the umbrella coverage. Mayor Hamilton - I think Don should come back with a report on the umbrella coverage and costs. POLICE ADVISORY COMMITTEE: Mayor Hamilton volunteered to be the Council representative on this committee. Councilman Horn moved to appoint Mayor Hamilton as the Council representative to the Police Advisory Committee. Motion seconded by Councilman Neveaux. The following voted in favor: Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. Mayor Hamilton abstained. Motion carried. Councilman Geving moved to adjourn. Motion seconded by Councilman Horn. The following voted in favor: Mayor Hamilton, Councilwoman Swenson, Councilmen Neveaux, Geving, and Horn. No negative votes. Meeting adjourned at 11:00 p.m. Don Ashworth City Manager t January 7, 1982 Department of Natural Resources Water Division Mrs. Judy Boudreau St. Paul, Mn. Dear Mrs. Boudreau: As per our phone conversation of January 6, 1982, Lotus Lake Estates Homeowners Association was able to complete approxi- mately only 1/2 of the sand blanket beach as authorized by DNR permit No. 81-6121. At the time of your visit to the site, February 15 and 16, 1981 the temperature was in the high 40's and the ice was melting rapidly. We plan to complete the sanding to a maximum 6" blanket between Jan. 20, 1982 and March 10, 1982. Actual date will be determined by the depth of ice freeze. We are therefore requesting an extension of the permit expiration date of 11/30/81 to conform with the above dates. Regards, Aaron Babcock President, Lotus Lake Estates Homeowners Assoc. APB:jms cc: Tim Fell - U.S.Army Corps. of Engineers - Permit #81-143-12 Bob Waibel - City of Chanhassen Bob Obermeyer - Riley Purgatory Creek Watershed Dist. CITY OF CHANHASSEN REC'Eiv o CDS=1R"U ::'' REVELOPN11AT DEPT.