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April 6, 1992
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 0 FAX (612) 937-5739
Mr. Chris Engel
Lotus Lake Betterment Association
7716 Sandy Hook
Chanhassen, MN 55317
Dear Mr. Engel:
Pursuant to our phone conservation, I spoke with City Manager Don Ashworth and City
Attorney Roger Knutson regarding the status of the non -conforming use permit for the
beachlot - Colonial Grove at Lotus Lake and Colonial Grove at Lotus Lake Second
Addition. They both feel it would be appropriate -for your association to go through the
permit procedure. While it is true the association has a nonconforming use permit, it is the
opinion of the city that you have expanded upon that permit. Your non -conforming use
permit does not state that you are allowed to have boats. In 1984, the city granted you a
conditional use permit for two (2) canoe racks. Again, the issue as to the number of boats
that could be docked was not addressed.
In order to determine your standing on the beachlot, it would be beneficial for your
association to go through the process. If you choose not to go through the process, the city
will enforce your existing non -conforming use permit.
I have enclosed a copy of the Non -conforming Use Permit-Beachlot for Colonial Grove at
Lotus Lake Conditional Use Permit and the inventory of the beachlot taken by staff. We
are willing to review any documentation about the status of this beachlot that you may have.
If you have any questions, please feel free to contact me.
Sincerely,
K& )'QKVkj_)nA
Kathyrn R. Aanenson
Planner II
Enclosures
A
C�? PRINTED ON RECYCLED PAPER
Near Mountain Lake Association
July 22, 1987
Page 2
APPLICABLE REGULATIONS
Section 5-9-11 of the Zoning Ordinance regulates recreational
beachlots (Attachment #1). A recreational beachlot must have
30,000 sq. ft. and 200 ft. of lakeshore to have a dock.
REFERRAL AGENCIES
DNR A temporary dock does not require a permit.
ANALYSIS
The applicant, Near Mountain Lake Association, owns Outlot B of
Reichert's Addition. The Near Mountain Lake Association consists
of Lots 1-8, Reichert's Addition. The applicant is proposing to
install a dock and canoe rack on the southerly 200 ft. of Outlot
B.
Outlot B was created as part of the Reichert Addition subdivision
in 1978. The Development Contract designated Outlot B as open
area and permitted the southerly 235 ft. to contain 1 dock
(Attachment #2). The northerly portion was to remain as a
natural area. Since the approval of the Reichert Addition, the
City has adopted the Recreational Beachlot Ordinance. The City
Attorney advised staff that the Development Contract does not
supercede the Recreational Beachlot Ordinance. Therefore, the
applicant must receive a conditional use permit for a
recreational beachlot to install a dock.
Outlot B contains approximately 46,000 sq. ft. and over 500 ft.
of lakeshore. The existing area and lakeshore permits the outlot
1 dock in conformance with the Recreational Beachlot Ordinance.
For the outlot to receive a second dock, it would have to contain
50,000 sq. ft. Therefore, the outlot is limited to 1 dock. The
ordinance also limits the number of canoe racks to the number of
docks permitted.
The outlot currently is used as a swimming area and contains an
area which has been cleared and mowed. There is an existing wood
chip path from Pleasant View Road to the cleared area. The only
alteration to Outlot B would be the installation of a 40 ft. dock
with an 8 ft. "L" dock and a canoe rack. The ordinance restricts
the length of the dock to 50 ft. or to a water depth of 4 ft.
The recreational beachlot will be used and maintained by the
owner of Lots 1-8, Reichert's Addition. The 8 lots are within
1,000 ft. of the recreational beachlot. The intent of the ordi-
nance is for the recreational beachlot to be a part of the sub-
division it is serving. Although the recreational beachlot is
separated from the lots, it was platted as a part of the sub-
division and is intended to be used by the single family lots of
Reichert's Addition.
Near Mountain Lake Association
July 22, 1987
Page 3
The proposal meets the requirements of the Zoning Ordinance for
the installation of 1 dock and canoe rack. The dock will be
limited to the overnight storage of 3 boats and 6 watercraft on
the canoe rack. The applicant will not be permitted to remove any
more existing vegetation or enlarge the beach area. The existing
conditions of the site will not be altered.
RECOMMENDATIONS
Staff recommends approval of Conditional Use Permit Request #87-13
for a recreational beachlot with the following conditions:
1. Compliance with Article 5-9-11 of the Zoning Ordinance.
2. No alteration to the existing site shall be permitted.
3. The recreational beachlot is limited to the installation
of 1 dock and 1 canoe rack.
4. The beachlot shall be maintained by the Near Mountain Lake
Association.
PLANNING COMMISSION ACTION
The Commission unanimously recommended approval of the con-
ditional use permit with the following conditions:
1. Compliance with Article 5-9-11 of the Zoning Ordinance.
2. No alteration to the existing site shall be permitted. There
shall be no use of chemical kill or dredging in the wetland
without an additional wetland alteration permit and DNR
approval.
3. The recreational beachlot is limited to the installation
of 1 dock and 1 canoe rack.
4. The beachlot shall be maintained by the Near Mountain Lake
Association.
5. A "slow - no wake" sign shall be posted at the beachlot.
6. Dr. Rockwell shall visit the site prior to the City Council
meeting to determine if the altered area of the recreational
beachlot is in fact a wetland.
STAFF UPDATE
On July 28, 1987, staff visited the site with Dr. Rockwell. She
stated that the altered site, where the dock is proposed, is not
a wetland and the dock will not adversely impact adjacent
wetlands (Attachment #8).
Near Mountain Lake Association
July 22, 1987
Page 4
CITY COUNCIL RECOMMENDATION
Staff recommends approval of Conditional Use Permit Request #87-13
for a recreational beachlot with the following conditions:
1. Compliance with Article 5-9-11 of the Zoning Ordinance.
2. No alteration to the existing site shall be permitted. There
shall be no use of chemical kill or dredging in the wetland
without an additionalA wetland alteration permit and DNR
approval. c=tiu• a cd-jarjL,twta,. -
3. The recreational beachlot is limited to the installation
of 1 dock and 1 canoe rack.
4. The beachlot shall be maintained by the Near Mountain Lake
Association.
dMbtJINUj ►�% ti4D N -10
5. A "slow - no wake" s iqn shall be posted �(�Lq bkD
ATTACHMENTS O� tb'Jj"� KCS P�1!/JILG„�
1. Article 5-9-11 of the Zoning Ordinance.
2. Declaration of Covenants and Restrictions.
3. Site Plan with Lots 1-8 and Outlot B.
4. Recreational Beachlot Site Plan.
5. Application.
6. Memo from the applicant.
7. Planning Commission minutes dated July 22, 1987.
8. Comments from Dr. Rockwell dated July 28, 1987.
City Council Meeting - August 3, 1987
know but I'm interested in your thoughts about what we're losing by doing a
preliminary discussion and I would like to see us find out what they have to
offer. We may very well turn that down if not sufficient.
Don Ashworth: To date the staffs of the two cities have really looked at
the issue without having direction from either of the two councils. It's
been more difficult for us to explore specific options. In other words,
your point of getting with Met Council to reconsider their position and
until we know which way we were heading it was more difficult to do. In
discussions with Dave Korney of Chaska, they have generally talked to their
council and again I'm anticipating that they're having discussion very
similar to what we're having either at the current time or in the next few
weeks. The whole issue of insuring that relationships are maintained
between the two cities has continued to be a key point in not only our
meetings but in the comments that we have received back from Chaska from
their city council so they are concerned as well as to what your thoughts
are and what it is you may be looking for so I don't think you're going to
have anything really at stake by approaching them and saying what do you
think is equitable because I think both parties are coning to the table
looking at the applicant and saying, we're not really driving this request
but if we were to follow through on it, what might be a fair solution. So I
don't think they are really coming to the table very hungry saying this is
something we've got to have or want or we're driving this. I think they
will sit down and be fair in those negotiations or at least be open.
Whether or not they come back with a proposal that you would accept, that
becomes another question.
Mayor Hamilton: At least we can discuss it. we can at least talk to them
and see where it takes us. It's going to cost us some time and that's about
it.
Councilman Geving: If I were to make a motion, I would make a motion to
deny this and that's the only motion that I can make.
Mayor Hamilton: Is there a second? If not, motion dies for lack of second.
Mayor Hamilton moved, Councilman Boyt seconded moving ahead with talking
with the City of Chaska to find out what their feelings are in the
deannexation request by Merle Volk. All voted in favor except Councilman
Geving who opposed and motion carried.
CONDITIONAL USE PERMIT REQUEST FOR A RECREATIONAL BEACHLOT, OUTLOT B,
} REICHERT'S ADDITION, NEAR MOUNTAIN LAKE ASSOCIATION.
Jo Ann Olsen: The property is located on Lotus Lake on the northern portion
of the lake. The applicant has requested a conditional use permit for a
recreational beachlot. Outlot B, the large outlot, a majority of it is
maintained in it's natural state and it is a Class A wetland. The applicant
is proposing to install a dock and canoe rack down on the southern portion
of the outlot where it has already been altered. They will maintain the
remaining portion of the outlot in it's natural state. The Planning
24
r 15'7
City Council Meeting - August 3, 1987
Commission recommended approval of the conditional use permit with changing
number 2 to state that there should be no use of chemical kill or dredging
in the wetland without an additional wetland alteration permit and DNR
approval. They also ask that a slow -no wake sign shall be posted at the
beachlot and that Dr. Rockwell should visit the site to determine whether or
not the area where the dock is being proposed is in fact a wetlands. I did
visit the site with Dr. Rockwell and she stated that it is not considered a
wetland in it's current state and that is what she determined as she looked
at what exists today. She also felt that the proposed dock would not impact
the surrounding wetland area. As far as slow -no wake, we are looking into
that. That is up to the City to install the sign. DNR does not have
control on that and we are looking into the cost of purchasing the sign and
who would maintain it. We are recommending approval of the conditional use
permit with the five conditions as stated in the report.
Mayor Hamilton: Is there someone here from the Near Mountain Lake
Association that would like to comment on this?
Sam Curnow: We're hear from the Near Mountain Lake Association. I think
she has said it very clearly.
Mayor Hamilton: You didn't have anything else to add from your group?
Sam Curnow: No.
Councilman Boyt: I would like to see us make two changes in the Planning
Commission recommendations. First change would item 2 on the list which
talks about chemical kill. I'm more confident in our staff and the
Council's ability to control the use of chemical than I am DNR and so I
would suggest that we add the Council after DNR.
Mayor Hamilton: Could I comment on that particular item. I had on mine to
just put a period after wetland. Cross -off "without an additional..:'.
There shall be no use of chemical kill or dredging in the wetland.
Councilman Boyt: At some point and maybe Susan wants to comment on this but
at some point we may find it appropriate to use chemicals to control loose -
strife. Can I defer her for just a minute to talk about chemical kill?
Susan Conrad: There is a chemical that they are experimenting with right
now called Rodeo that is aquatic approved. What Bill is talking about is
that it would be nice to see what the DNR comes up this summer on their
control programs to see if it's a viable thing for us to use. To just
blanketly say no chemical use, I like what Bill is just proposing that the
Council have some control over it.
Mayor Hamilton: I understand there are some problems with Rodeo.
Susan Conrad: Yes, it kills everything else too so what the DNR is doing is
spot spraying of certain areas where it's pioneering.
LMayor Hamilton: We have pioneering here.
25
City Council Meeting - August 3, 1987
Susan Conrad: Yes, it is all over. You know down at the north end where r
the new park is coming, it's just starting there and I tried to get them to
come out and do some testing there, some spot testing.
Mayor Hamilton: You mean the loosestrife. I thought you were saying they
were going to use the Rodeo.
Susan Conrad: No, so I think we should just hold off on doing that but the
part of the lard that they have that is still the Type A wetland is overrun
with loosestrife and it's that whole bay is just full of it so we have to be
careful and make sure that we allow a possibility of controlling it in the
future.
Councilman Johnson: It says on 2 it already needs a wetland alteration
permit which is our city permit to ccme before the Council.
Councilman Boyt: Okay, if that's how you read that. I just don't want the
DNR providing an alteration permit without our review.
Councilman Johnson: 'That's where it says and. Maybe we should say a
Chanhassen Wetland Alteration Permit. I think that's what the intent was
there.
Susan Conrad: That would make our committee real happy. A few of us have
been talking lately about all the wetland alteration permits that you have
been looking at and they would be real happy if you took things back at the
end and that was the intent when we wrote the ordinance was that you control
it, not the agencies.
Councilman Johnson: The condition from Staff is that we and the DNR both
have to approve chemical kill in that area.
Mayor Hamilton: You want to just add, and council approval?
Councilman Boyt: However we phrase that.' Two weeks ago I would have agreed
with you completely. There has been a little education process underway
here so I think one of those two again. Then I have one other change, so
let's put DNR and Council if you don't mind. Then on number 5, I would like
to propose that the slow -no wake sign, sine the city apparently can control
that, shall be posted and maintained by the Lake Association at the
beachlot. I think that's fairly typical in lake associations that they
purchase and maintain bouys around the swimming areas and this would be a
similar sort of thing.
Susan Conrad: I wanted to direct this to Jo Ann, the Planning Commission
had asked that some specific questions be asked of Dr. Rockwell because we
keep talking about those floating mats of wetlands and how they are affected
by motor traffic and I was wondering if she addressed that? The other one
which I don't think she can, the Planning Commission was concered about the
spawning area. How the boats taking off. 6
26
City Council Meeting - August 3, 1987
Jo Ann Olsen: I did ask her about the impact of the dock and the motorboats
around the wetland and there are some protective lilypads there that will
not be affected. There is not any dock limitation that says exactly what
the impact of the oil and gas on the wetland. She felt that just that one
dock would not have a detrimental impact to the wetland.
Councilman Geving: I'm very familiar with this particular area. In 1978
Mr. Reichert developed the sites in question. We made it very specific that
in the north of this outlot there was to be a conservation easement forever.
The reason for that is we understand there is bass spawning area in the area
there and more importantly the Lotus Lily, if you live in that area you know
what I'm talking about, was to be protected. I guess it was a very big
surprise to me that because we had designed the lots not to extend beyond
the road and into the beach area, it was a surprise to me to see that this
outlot now was owned by the Near Mountain Homeowners Association that had
access to it. I have a problem with that because I know the dock has been
there for a long time but the thing that concerns me a little bit is we
don't want to see the size of the beachlot expanded so we have to be assured
of that. I know where we put in a beachlot on the Lotus Lake Estates, we
limited the beach area and the mat. I think we put down some kind of a
black plastic to kill the weeds and so forth in a specific area there and we
brought in sand to make a beach. Is there a beach that exists there now?
Jo Ann Olsen: There is a little sand area and we did make a condition that
there shall not be any alteration of that.
Councilman Geving: So they will not bring any new sand into the area to
make a beach.
Jo Ann Olsen: No, there is a condition to prevent that.
Councilman Geving: Okay, then one of the problems that I have with, and I'm
happy to see that there are homeowners that are very interested in
developing this, the 7 or 8 names that I haven't been familiar with. If
there is in fact a Near Mountain Lake Homeowners Association, I think it's
real important that you place on file with the City the names of your
organization and people that can be contacted who are responsible officers
so when this beachlot does become a fact and there is a problem or
communication is necessary we know who to contact. That's the only question
I have is to make sure. Is this true of other homeowners? Do we know all
the presidents? This is a new homeowners association I knew nothing about
before and on Lotus Lake we must have 6 or 7 of them so this is a new group.
Is there a homeowner back there who is an officer? Could you give me your
name sir?
Sam Curnow: Sam Curnow.
Councilman Geving: For the record you are the president?
Sam Curnow: Yes.
27
159
s
Phone: 952.227 1125
Conditional Use Permit Amendment
Fax: 952.227.1110
May 16, 2002
CITY OF
for a recreational beachlot on Outlot B, Reichert's Addition. A copy of that
CIiA NSEN
Ms. Valerie Rossbach
670 Pleasant View Road
n(IOMarket PCBox747Bnulevdm
PC Box
Chanhassen, MN 55317 -
Chanhassen, MN 55317
Conditional use permit applications are available from City Hall.
Re: Installation of an Additional Dock on the Near Mountain
Administration
Phone: 952.227.1100
Homeowners' Association Property Outlot B, Reichert's Addition
Pe Y —
Fax: 952 227.1110
Dear Val:
Building Inspections
Phone: 952.227.1180
Fax: 952 227.1190
This letter is in response to your inquiry about installing an additional dock on
the above property.
Engineering
Phone: 952.227.1180
F,x:952.227.1170
Recreational Beachlot Requirements
Chanhassen's City Code requires a minimum of 200 feet of shoreline per dock
Finance
Phone: 952227.1140
on recreational beachlots, as well as 30,000 square feet of property area for the
q P Pe Y
Fax:9522n.1110
first dock and 20,000 square feet for each additional dock (Chanhassen City
Park 8 Recreation
Code Section 20-263, enclosed). The existing beachlot, while encompassing
Phone: 952.227.1120
over 500 feet of shoreline, is 46,000 square feet in area. This is 4,000 square
Fax: 952.227.1110
feet short of the 50,000 square foot requirement for a second dock.
Recreation Center
2310 Coulter Boulevard
If you wish to pursue the installation of an additional dock on the above
Phone:Fax: 952,227.1404
2,22.14400
Faz:952.227.1404
ro rt you will need to either: 1. Increase the size of the beachlot by at
P Pe Y.
least 4,000 square feet; or 2. Apply for and be granted a variance from the
Planning 8
Natural Resources
recreational beachlot requirements. Variance requests must meet the
Phone: 952.227.1130
requirements set forth in the enclosed variance
�I application information. As
Fax: 952.227 1110
we discussed in April, it is likely that both the City Attorney and City staff
would recommend denial of this variance because it does not appear that
Public works
1591 Park Road
literal enforcement of the recreational beachlot ordinance would cause undue
Phone: 952.227.1300
hardship. However, the Planning Commission and/or City Council make all
Fax 952.227 1310
final decisions regarding variance applications.
Senior Center
Phone: 952.227 1125
Conditional Use Permit Amendment
Fax: 952.227.1110
On August 3, 1987, the City Council approved Conditional Use Permit #87-13
Web site
for a recreational beachlot on Outlot B, Reichert's Addition. A copy of that
www achanhassen.mn.us
conditional use permit is attached. Since recreational beachlots are
conditional uses under Chanhassen City Code, the addition of an additional
dock would also require an amendment to the conditional use permit.
Conditional use permit applications are available from City Hall.
The City of Chanhassen • A growing community with clean lakesquality schools. a charming downtown, thriving businesseswinding trails. and beautiful parks. A great place to live. work. and play.
• l .
Wetland Issues
In addition, because a dock on this property may need to be installed through
heavily vegetated wetlands to reach open water, a wetland alteration permit
may be required.
Please review the enclosed information at your leisure. Feel free to contact me
at 952.227.1135 if you have questions.
Sincerely,
CITY OF C14ANHASSEN
Lori Haak
Water Resources Coordinator
Enclosures: Section 20-263, Chanhassen City Code
Variance Application Information
Conditional Use Permit #87-13
U
§ 20.263 CHANHASSEN CITY CODE
Sec. 20.263. Recreational beach lots.
Intent. Based upon experience, it is recognized by the city that the use of Lakeshore by
multiple parties may be an intensive use of lakeshore that may present conflicts with neigh.
boring uses of lakeshore or the use of other lakeshore on the same lake or the lake itself.
Further, beachlots may generate complaints if they are not maintained to the same standards
as single-family lakeshore lots. Therefore, the city requires the following conditions for rec-
reational beachlots, in addition to such other conditions that may be prescribed in the permit:
(1) Recreational beach lots shall have at least two hundred (200) feet of lake frontage.
(2) Except as specifically provided herein, no structure, ice fishing house, camper, trailer,
tent, recreational vehicle, shelters (except gazebos) shall be erected, maintained, or
stored upon any recreational beachlot. For the purpose of this section, a gazebo shall
be defined as, "a freestanding roofed structure which is open on all sides."
(3) No boat, trailer, motor vehicle, including but not limited to cars, trucks, motorcycles,
motorized mini -bikes, all -terrain vehicles or snowmobiles shall be driven upon or
parked upon any recreational beach lot.
(4) No recreational beach lot shall be used for overnight camping.
(5) Boat launches are prohibited.
(6) No recreational beachlot shall be used for purposes of overnight storage or overnight
mooring of more than three (3) motorized or nonmotorized watercraft per dock. If a
recreational beachlot is allowed more than one (1) dock, however, the allowed number
of boats may be clustered. Up to three (3) sailboat moorings shall also be allowed.
Nonmotorized watercraft such as canoes, windsurfers, sailboards and small sailboats
may be stored overnight on any recreational beachlot if they are stored on racks
specifically designed for that purpose. No more than six (6) watercraft may be stored
on a rack. The number of racks shall not exceed the amount of storage necessary to
permit one (1) rack slip per lot served by the beachlot; however, in no case shall there
be more than four (4) racks per beachlot. Docking of other watercraft or seaplanes is
permissible at any time other than overnight.
(7) The maximum number of docks on a recreational beachlot is three (3). No dock shall
be permitted on any recreational beachlot unless the beach meets the following con-
ditions:
a. Shoreline of at least two hundred (200) feet per dock, and
b. Area of at least thirty thousand (30,000) square feet for the first dock and addi-
tional twenty thousand (20,000) square feet for each additional dock.
(8) No recreational beach lot dock shall exceed six (6) feet in width, and no such dock shall
exceed the greater of fifty (50) feet or the minimum straight-line distance necessary
to reach a water depth of four (4) feet. The width (but not the length) of the cross -bar
of any "T" or "L" shaped dock shall be included in the computation of length de-
scribed in the preceding sentence. The cross -bar of any such dock shall not measure
«Y-,:: • ttv,�rty-five 125` feet. �} :,:�.., �, �
1176.4
ZONING § 20-263
(9) No dock shall encroach upon any dock set -back zone, provided, however, that the
owner of any two (2) abutting lakeshore sites may erect one (1) common dock within
the dock setback zone appurtenant to the abutting lakeshore sites, if the common dock
is the only dock on the two (2) lakeshore sites and if the dock otherwise conforms with
the provisions of this chapter.
(10) No sail boat mooring shall be permitted on any recreational beach lot unless it has at
least two hundred (200) feet of lake frontage. No more than one (1) sail boat mooring
shall be allowed for every two hundred (200) feet of lake frontage.
(11) A recreational beach lot is intended to serve as a neighborhood facility for the sub-
division of which it is a part. For purposes of this paragraph, the following terms shall
mean those beach lots which are located either within (urban) or outside (rural) the
Year 2000 Metropolitan Urban Service Area boundary as depicted in the comprehen-
sive plan.
a. Urban recreational beach lot: At least eighty (80) percent of the dwelling units,
which have appurtenant rights of access to any recreational beach lot, shall be
located within one thousand (1,000) feet of the recreational beach lot.
b. Rural recreational beach lot: A maximum of fifty (50) dwelling units (including
riparian lots) shall be permitted appurtenant rights of access to the recreational
beach lot. Upon extension of the Metropolitan Urban Service boundary into the
rural area, the urban recreational beach lot standards will apply.
(12) All recreational beach lots, including any recreational beach lots established prior to
February 19, 1987 may be used for swimming beach purposes, but only if swimming
areas are clearly delineated with marker buoys which conform to the United States
Coast Guard standards. -
(13) All recreational beachlots shall have a buffer sufficient to insulate other property
owners from beachlot activities. This buffer may consist of topography, streets, veg-
etation, distance (width or depth), or other features or combinations of features which
provide a buffer. To insure appropriate buffering, the city may impose conditions to
insulate beachlot activities including, but not limited to:
a. Increased side or front yard setbacks for beach areas, docks, racks or other al-
lowed recreational equipment or activities;
b. Hours of use;
c. Planting and maintenance of trees and shrubs;
d. Erection of fences;
e. Standards of maintenance including mowing and trimming; painting and upkeep
of racks, docks and other equipment; disposal of trash and debris;
f. Increased width, depth or area requirements based upon the intensity of the use
proposed or the number of dwellings having rights of access.
To the extent feasible, the city mayimpose such conditions even after approval of the
beachl:.i if the city finds it necnss;ay.
Supp. No. 7 1177
§ 20-263 CHANHASSEN CITY CODE
(14) Overnight docking, mooring, and storage of watercraft, where allowed, is restricted to
watercraft owned by the owner/occupant or renter/occupant of homes which have
appurtenant right of access to the recreational beach lot.
(15) The placement of docks, buoys, diving ramps, boat racks, and other structures shall
be indicated on a site plan approved by the city council.
(16) Portable chemical toilets may be allowed as a condition of approval of a recreational
beachlot. The maintenance and use of chemical toilets on some beachlots may be
unsuitable because they cannot be adequately screened from residential neighbors or
lake users. Any use of chemical toilets on recreation beachlots shall be subject to the
following-
a.
ollowing
a. The minimum setback from the ordinary high water mark shall be seventy-five
(75) feet. Side and front yard setbacks shall be maximized to achieve maximum
screening from adjacent lots and the lake.
b. It may only be used Memorial Day to Labor Day and shall be removed from the
lot during the rest of the year.
c. It shall be securely anchored to the ground to prevent tipping.
d. It shall be screened from the lake and residential property with landscaping.
e. It shall be serviced at least weekly.
f. Only models designed to minimize the potential for spilling may be used.
g. Receipt of an annual license from the city's planning department. The license
shall be issued unless the conditions of approval of this ordinance have been
violated. All license applications shall be accompanied by the following informa-
tion:
1. Name, address, and phone number of applicants.
2. Site plan showing proposed location of chemical toilets.
3. Name, address, and phone number of chemical toilet supplier.
4. Plan for commercially maintaining the chemical toilet, including a copy of
any agreement for maintenance, and the name, address, and phone number
of person responsible for maintenance.
5. A written description of how the applicant intends to screen the portable
chemical toilet from all views into the property, including views from the
lake.
(17) No watercraft or boat lift shall be kept, moored, docked, or stored in the dock setback
zone.
(18) Gazebos may be permitted on recreational beachlots subject to city council approval
and the following standards:
a. Minimum setback from the ordinary high water mark shall be seventy-five (75)
feet.
b. No gazebo shall be closer to any lot line than the minimum required yard setback
Supp. No. 7
1178
I
ZONING
§ 20-265
C. Maximum size of the structure shall not exceed two hundred fifty (250) square
feet.
d. Maximum height shall not exceed twenty (20) feet.
e. Gazebos shall make use of appropriate materials, colors, and architectural and
landscape forms to create a unified, high-quality design concept for the lot which
is compatible with adjacent and neighboring structures.
f. Gazebos shall be properly maintained. Structures which are rotted, unsafe,
deteriorated or defaced shall be repainted, repaired, removed, or replaced by the
homeowners or beachlot association.
g. The following improvements are prohibited in gazebos; screening used to com-
pletely enclose a wall, water and sewer service, fireplaces, and electricity.
(Ord. No. 80, Art. V, § 9(5-9-1(11)), 12-15-86; Ord. No. 80-A, § 1, 6-15-87; Ord. No. 87, § 1,
6-13-88; Ord. No. 121, 2-26-90; Ord. No. 146, §§ 1, 2, 5-6-91; Ord. No. 160, § 3, 2-10-92; Ord.
No. 230, § 1, 1-9-95)
Editor's note—Section 3 of Ord. No. 160, adopted Feb. 10, 1992, added subsection (16) to
this section. Inasmuch as there existed a § 20-263(16) added by Ord. No. 146, the editor has
renumbered the new provisions as § 20-263(17).
Sec. 20-264. Electrical substations.
Electrical substations are subject to the following conditions:
(1) The substation must be served by a collector or major arterial street as designated in
the comprehensive plan.
(2) The substation will not have sanitary facilities and will not be used for habitation.
(3) The substation will be located on at least five (5) acres of property.
(4) A six-foot high security fence shall surround the substation.
(5) A landscaping plan shall be submitted for city approval.
(6) Substations shall be a minimum of five hundred (500) feet from single-family
residences.
(Ord. No. 80, Art. V, § 9(5-9-1(13)), 12-15-86)
Sec. 20-265. Golf driving ranges.
rMe following applies to] golf driving ranges with or without a miniature golf courses:
(1) The location of the driving range is limited to being adjacent to TH 5 and TH 212 and
access must be from a collector or arterial which leads to TH 5 or TH 212.
(2) Hours of operation shall be from sunrise to sunset.
(3) Provision of adequate parking areas and submission of landscaping plan in conform-
ance with article VIII of the zoning ordinance.
(4) 1\To site shall be locate, five hundred (500) feet of a single-family residence.
Supp. No. 13 117Q
VARIANCES
FEE- $75
L Completed application form.
2 Application fee.
3. Evidence of ownership or an interest in property.
4. Location map showing property within '5 mile of site and noting area within 500 feet of
subject property.
5. List of property owners and addresses within 500 feet of property boundary. This list
may be obtained from Carver County Abstract and Title Company - 448-5570 or
Universal Title - 448-9920.
& Property adjacent to a lake or affects usage of a lake, a list of property owners and
addresses abutting the lake shall be submitted.
7. Plot plan showing properly lines, existing improvements, proposed improvements with
setbacks, lot coverage, building height and requested variances.
8- Written description of variance requested.
9- Written justification of how request complies with the findings for granting a variance
(pursuant to Section20-58) as follows:
a. That the literal enforcement of this Chapter would cause undue hardship. "Undue
hardship" means the property cannot be put to reasonable use because of its size,
Physical surroundings, shape or topography. Reasonable use includes a use made
by a majority of comparable property within five hundred (500) feet of it. The'
intent of this provision is not to allow a proliferation of variances, but to recognize
that in developed neighborhoods pre-existing standards exist. Variances that blend
with these pre-existing standards without departing from them meet this criteria.
b. That the conditions upon which a petition for a variance is based are not
applicable, generally, to other property within the same zoning classification.
Q That the purpose of the variation is not based upon a desire to increase the value
or income potential of the parcel of land.
d. That the alleged difficulty or hardship is not a self-created hardship.
V,:.unce cv(li not be detrimental rvti,iic welfa-C �-
injurious to other land or improvements in the neighborhood in which the parcel
of land is located.
f. That the proposed variation will not impair an adequate supply of light and air to
adjacent property or substantially increase the congestion of the public streets, or
increases the danger of fire, or endanger the public safety or substantially diminish
or impair property values within the neighborhood.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
CONDITIONAL USE PERMIT
1. Permit. Subject to the terms and conditions set
forth herein, the City of Chanhassen hereby grants a conditional
use permit for: A recreational beachlot
2. Property. The permit is for the following described
property in the City of Chanhassen, Carver County, Minnesota:
Outlot B, Reichert's Addition
3. Conditions. The permit is issued subject to the
following conditions:
1. Compliance with Article 5-9-11 of the Zoning Ordinance.
2. No alteration to the existing site shall be permitted. There
shall be no use of chemical kill or dredging in the wetland
without an additional wetland alteration permit, DNR and City
Council approval.
3. The recreational beachlot is limited to the installation
of i dock and 1 canoe rack.
4. The beachlot shall be maintained by the Near Mountain Lake
Association.
5. A "slow - no wake" buoy shall be installed and maintainedby—
thehomeowners association.
6. There shall be no launching of motorized boats or boats that
require a trailer from the beachlot.
4. Termination of Permit. The City may revoke the
permit following a public hearing under any of the following
circumstances: material change of condition of the neighborhood
where the use is located; violation of the terms of the permit.
5. Criminal Penalty. Violation of the terms of this
conditional use permit is a criminal misdemeanor.
Dated:
STATE
OF MINNESOTA)
) ss
COUNTY OF CARVER )
t 3. 1987
CITY OF CHANHASSEN
B (�
Y
I ayor
By:
Its C 0—
The foregoing instrument was acknowledged before me this
day of a.c.c.e;u,0� , l9_ 7, by Thomas L. Hamilton,
Mayor, and Don Ash orth, City Manager of the City of Chanhassen,
a Minnesota municipal corporation, on behalf of the corporation.
No t -Ary Pu 1 c
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MI;J\ESOTA
'2fl COU"JTY
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Location Map
Near Mountain Lake Association Beachlot
Road
Outlot B, Reichert's Addition
Planning Case No. 06-20
City of Chanhassen
Lotus Lake
Subject
Property
SCANNED
CITY OF CHANHASSEN
P O BOX 147
CHANHASSEN MN 55317
04/18/2006 1:02:46 PM
Receipt No. 0008621
CLERK: katie
PAYEE: NEAR MOUNTAIN LAKE ASSOC
630 PLEASANT VIEW ROAD
CHANHASSEN MN 55317
MOUNTAIN LAKE ASSOCIATION- PLANNING CASE 06-20
-------------------------------------------------------
Use & Variance 625.00
Sign Rent 200.00
Recording Fees 50.00
Total
Cash
Check 108
Change
875.00
0.00
875.00
0.00
scpNNED
NEAR MOUNTAIN LAKE ASSOCIATION - PLANNING CASE 06-20
$425 Conditional Use Permit
$200 Variance
$200 Notification Sign
$50 Recording Escrow
$875
$875 Near Mountain Lake Assoc Inc
Check 108
•CANNED
PLEASE PRINT
CITY OF CHANHASSEN
7700 Market Boulevard – P.O. Box 147
Chanhassen, MN 55317 – (952) 227-1100
DEVELOPMENT REVIEW APPLICATION
Planning Case No.
Acant Name and Address: Owner Name and Address:
4AMwN-Aid LAKE AiSOQAT,o^�
o PL PMS.AN- V, FIJ Rr, CA L_C
.0ANMASSI.o3 mA-) 575317
Email:
Phone: Fax:
Email:
NOTE: Consultation with City staff is required prior to submittal, including review of development
plans
Comprehensive Plan Amendment
Conditional Use Permit (CUP)
Interim Use Permit (IUP)
Non -conforming Use Permit
Planned Unit Development*
Rezoning
Sign Permits
Sign Plan Review
Site Plan Review (SPR)*
Subdivision*
Temporary Sales Permit
Vacation of Right-of-Way/Easements (VAC)
V/ Variance (VAR)
Wetland Alteration Permit (WAP)
Zoning Appeal
Zoning Ordinance Amendment
Notification Sign — $200
(City to install and remove)
X Escrow for Filing Fees/Attomey Cost'
- $50 CUP/SPRNACNAR/WAP/Metes & Bounds
- $450 Minor SUB
TOTAL FEE $
An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant
prior to the public hearing.
*Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11"
reduced copy for each plan sheet along with a digital cop v in TIFF -Group 4 (*.tif) format.
**Escrow will be required for other applications through the development contract.
Building material samples must be submitted with site plan reviews.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for
each application.
PROJECT NAME: NEA2 '` hoJ�A3 LA KE- c
ASSarA rz---J- %
AEC.n-7Wit 4EACq L -OT
LOCATION. ACAoSs FAp/-t 6(o PVF-ASA^1—, rp"J.
LEGAL DESCRIPTION: 0UTLC7T 6 . kF—jCkEAI S ADD rrio
TOTAL ACREAGE: /.o& ACRES - Ic165' A 0.29ACAES -
WETLANDS PRESENT: YES V/ NO
PRESENT ZONING: S i /J GLL FA M (LI 2 ES f DEQ S A L
REQUESTED ZONING:
PRESENT LAND USE DESIGNATION: 26- f DkWT/ A L Loos D bAJS t7l
REQUESTED LAND USE DESIGNATION: S A6 f;,�
REASON FOR REQUEST: rSEE ATTFKttet�
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within 15 business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within 15 business days of application
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership
(either copy of Owners Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
PI JAta�vcgn ure of Date
V/ V//IVA6
&gpAfure of Fee rner Date
G: IpLAMformsOevelopm nt Review Applicatlon.DOC Rev. 12/05
April 14, 2006
Near Mountain Lake Association Dock Variance Request
Near Mountain Lake Association owns Outlot B of Reichert's Addition. The Association
members consist of Lots 1-8, Reichert's addition along Pleasant View Road on the east
side of the northern tip of Lotus Lake (figure 1). We are one of the oldest if not the
oldest lake association on Lotus Lake. We have long standing membership with an
average time of home ownership for our current members of approximately 16 years. We
have always been good stewards of the lake and shoreline.
We, the Near Mountain Lake Association, are requesting a variance to allow a second
seasonal, 50 foot dock on the southern portion of our Association's recreational beach lot
(Outlot B) on Lotus Lake as shown in figure 2. Further, we request 4 boat slips per dock
for a total of 8 slips. Currently, a single 50 foot seasonal dock is used for 3 boats on the
southern portion of the lot.
Under Sec. 20-266 of the Chanhassen City Code:
"(7) The maximum number of docks on a recreational beach lot is three. No dock shall
be permitted on any recreational beach lot unless the beach meets the following
conditions:
a. Shoreline of at least 200 feet per dock; and
b. Area of at least 30,000 square feet for the first dock and additional 20,000 square feet
for each additional dock."
Outlot B has 600 feet of shoreline and an area of 46000 square feet according to City of
Chanhassen records. This is likely based on a survey from the early 1980's (figure 2). A
more recent survey was conducted in 2005 which shows the area to be 38350 square feet
(figure 3). We believe the reduction in area may be a result of settling. We have never
added fill to the northern two thirds of Outlot B where it appears we have lost land area
(compare figures 2 and 3). Had we added fill over the years, we may have maintained
the earlier size, however we have chosen to respect the natural state of the land.
We have enough shoreline to support 2 and even 3 docks, however we are short of the
required 50000 square feet for 2 docks. We are asking for a variance that will permit the
use of a second dock in spite of the square foot shortage. The southern portion of
shoreline where the current dock is used and where we propose to locate the second dock
is not in a designated wetland area. Only the northern 150 feet of shoreline on Outlot B is
wetland according to the National Wetland Inventory.
Precedents:
We believe exceptions from city code regarding shoreline use have been granted for other
Lotus Lake associations. Some examples are:
1. The Lotus Lake Betterment Association (Sandy Hook) has a recreational lot of
unknown area with a shoreline of 25 feet (figure 4). They are well short of the 200 foot
shoreline requirement but have a permit for a 100 foot dock with no stated boat limit.
Typically, they have approximately 6 boats moored at the dock.
2. Lotus Lake Estates Association (Choctaw) has a large beachlot of 92700 square feet
and 900 feet of shoreline (figure 5). They have a permit for three docks which falls
within the city code requirements, but the permit also allows them to have 4 sailboat
moorings. This exceeds the city code sec 20-266 which states, "Up to three sailboat
moorings shall be allowed."
3. Kurver's Point Association has two docks with a total of 10 slips. They have 56000
square feet with 460 feet of shoreline (figure 6). This is sufficient for 2 docks, but the
code states, "(6) No recreational beach lot shall be used for purposes of overnight
storage or overnight mooring of more than three motorized or nonmotorized watercraft
per dock."
4. Fox Chase/Lotus Lake Dock and Trail Association has one large permanent dock on
the lot of 732 Lake Point. This dock has 7 slips for the 7 homes along the DNR protected
wetland on the northwest shoreline (figure 7). Again, the number of boat slips exceeds
that allowed by the city code.
These are 4 associations that have been granted dock usage beyond the requirements of
the city code. There may be other examples as well.
We believe that our request for 2 simple straight docks, 50 feet in length that will allow 4
boat slips per dock for a total of 8 boat slips meets the general conditions for a variance
sec 20-58:
1) We are asking for reasonable use as other associations have been granted.
2) Recreational beach lot requirements suggest a variance is needed.
3) We are making this request only for enjoyment of the lake.
4) Our hardship is not self-created
5) Variance will not be detrimental to public welfare or injurious to other land. The
shoreline will remain natural and undisturbed. No water or shore vegetation will
be disturbed.
6) a. street congestion will not be increased. Outlot B is within 500 feet of all home
lots (walking distance).
b. visibility is not affected
c. fire danger is not increased
d. public safety is not diminished
e. neighboring property values are not impaired
We will continue to be good stewards of the lake and the shoreline. We will continue to
preserve the northern two-thirds of Outlot B and it's shoreline in its undisturbed natural
state (figure 8).
Respectfully submitted,
Near Mountain Lake Association
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LOTUS LAKE;
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Print Data/Map
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Page I of 1
PID# 254200461
,n=
r
copytgAtA2006,Gnet Comty, Minreaota
Leg,nd
Parcel
Information
Property
NOT
Address:
ON FILE
Taxpayer Information:
LOTUS LAKE HOMEOWNERS ASSN
PO BOX 63
IMrl Tad
Ub n/ugs
N IM ROMP
CHANHASSEN, MN 55317
Parcel
Properties
Aecim
Count naaea
GIS
Homestead:
Acres: 2.8
N
takes
rartah
School
District: 0276
Gr m7
Location
Farce!
Section:
01
Lot:
Township:
Range:
116
023
Block:
PIatnaore: LOTUS LAKE ESTATES
Payable
Year 2007
kast Sale Information
Last Sale NOT ON FILE
Market Value Land: SO
Market Value Building: SO
FE.t
Map Created: 411-2006
Market Value Total: $O
CARVER COUNTY GIS DISCLAIMER: This map was created using Carver County's Geographic Information Systems (GIS), it is a compilation
of information and data from various City, County, State, and Federal offices. This map is not a surveyed or legally recorded map and is intended to be
used as a reference. Caner County is not responsible for any inaccuracies remained herein.
F IGoR, 5
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PID# 252700160
Page t of l
Legend
r.....�...yo...........
ypy
wffilampa
Properly Address:
732 LAKE PT
CHANHASSEN, MN
11CHANHASSEN,
Taxpayer Information:
TERRY D & DEBRA L VOGT
732 LAKE PT
./ WHOOP
MN 55317
Parcel Properties
NCIM
Q"Rrrt
CIS Acres: 0.56
Homestead: Y
Residential Year Bulk: 1988
Residential Footprint Sq Ft: 2434
IaW
Pwh
School District: 0276
C111t1117
Parcel Location
Section: 01Lat:
016
Township: 116
Range: 023
Block: 001
Platname: FOX CHASE
ayable Year 1007
Last Sale /njarmation
Last Sale NOTONFILE
Est. Market Value Land: $530600
Est Market Value Building: $509300
Map Created: 4-11-2006
EsLMarket Value Total: $1039900
CARVER COUNTY GIS DISCLAIMER: This map was created using Carver County's Geographic Information Systems (GIS), it is a compilation w
of information and data from s ariow City County, State, and Federal oRccs. This map is not a surveyed or legally recorded map and is intended to be
used as a reference. Carver County is not responsible for any inaccuracics contained herein.
FIG'Jaf- 1
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r�atiac
El
Email:
CITY OF CHANHASSEN
7700 Market Boulevard — P.O. Box 147
Chanhassen, MN 55317 — (952) 227-1100
DEVELOPMENT REVIEW APPLICATION
Name and
Owner
Planning Case No.
ress:
Contact:
Phone: Fax:
Email:
NOTE: Consultation with City staff is required prior to submittal, including review of development
plans
Comprehensive Plan Amendment
Conditional Use Permit (CUP)
Interim Use Permit (IUP)
Non -conforming Use Permit
Planned Unit Development*
Rezoning
Sign Permits
Sign Plan Review
Site Plan Review (SPR)'
Subdivision*
Temporary Sales Permit
Vacation of Right-of-Way/Easements (VAC)
V/ Variance (VAR)
Wetland Alteration Permit (WAP)
Zoning Appeal
Zoning Ordinance Amendment
Notification Sign — $200
(City to install and remove)
X Escrow for Filing Fees/Attorney Cost'
- $50 CUP/SPR/VAC/VAR/WAP/Metes 8 Bounds
- $450 Minor SUB
TOTAL FEE $
An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant
prior to the public hearing.
*Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11"
reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format.
**Escrow will be required for other applications through the development contract.
Building material samples must be submitted with site plan reviews.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for
each application.
PROJECT NAME: t ME: NMO, Moog IA,tJ LAKe- ASSaCtA z),Z-AE�(ifx17a�1ItL OE -'q L�
LOCATION: AcAo5S FA wt b l 0 Pt-R--ASA^1T t/iEntz A -1-N . 1
LEGAL DESCRIPTION: O IST LC'�T Q R E i cH E./1 I ,S A D D I T/ o N
TOTALACREAGE �.�� AC/(ES' �r1pSI 0,2WACAES - Zoos
v
WETLANDS PRESENT: YES V/ NO
PRESENT ZONING. S 1 tJ GL_E- FA M (L1 2
REQUESTED ZONING: SAMF
PRESENT LAND USE DESIGNATION: 2�s f t> i / a L Lfys D E1,19iT%
REQUESTED LAND USE DESIGNATION: S AM F-,
REASON FOR REQUEST: SLE— A-rrAc ffZ�
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within 15 business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed this application
I will keep myself informed of the deadlines for submission of material and the progress of this application 1 further
understand that additional fees may be charged for consulting fees, feasibility studies, etc, with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
t9nureppli Z Date
ure of Fee rner Date
Gtp!AWf sOevelopment Review Appliption. DOC Rev. 1M5
April 14, 2006
Near Mountain Lake Association Dock Variance Request
Near Mountain Lake Association owns Outlot B of Reichert's Addition. The Association
members consist of Lots 1-8, Reichert's addition along Pleasant View Road on the east
side of the northern tip of Lotus Lake (figure 1). We are one of the oldest if not the
oldest lake association on Lotus Lake. We have long standing membership with an
average time of home ownership for our current members of approximately 16 years. We
have always been good stewards of the lake and shoreline.
We, the Near Mountain Lake Association, are requesting a variance to allow a second
seasonal, 50 foot dock on the southern portion of our Association's recreational beach lot
(Oudot B) on Lotus Lake as shown in figure 2. Further, we request 4 boat slips per dock
for a total of 8 slips. Currently, a single 50 foot seasonal dock is used for 3 boats on the
southern portion of the lot.
Under Sec. 20-266 of the Chanhassen City Code:
"(7) The maximum number of docks on a recreational beach lot is three. No dock shall
be permitted on any recreational beach lot unless the beach meets the following
conditions:
a. Shoreline of at least 200 feet per dock; and
b. Area of at least 30,000 square feet for the first dock and additional 20,000 square feet
for each additional dock."
Outlot B has 600 feet of shoreline and an area of 46000 square feet according to City of
Chanhassen records. This is likely based on a survey from the early 1980's (figure 2). A
more recent survey was conducted in 2005 which shows the area to be 38350 square feet
(figure 3). We believe the reduction in area may be a result of settling. We have never
added fill to the northern two thirds of Outlot B where it appears we have lost land area
(compare figures 2 and 3). Had we added fill over the years, we may have maintained
the earlier size, however we have chosen to respect the natural state of the land.
We have enough shoreline to support 2 and even 3 docks, however we are short of the
required 50000 square feet for 2 docks. We are asking for a variance that will permit the
use of a second dock in spite of the square foot shortage. The southern portion of
shoreline where the current dock is used and where we propose to locate the second dock
is not in a designated wetland area. Only the northern 150 feet of shoreline on Outlot B is
wetland according to the National Wetland Inventory.
Precedents:
We believe exceptions from city code regarding shoreline use have been granted for other
Lotus Lake associations. Some examples are:
1. The Lotus Lake Betterment Association (Sandy Hook) has a recreational lot of
unknown area with a shoreline of 25 feet (figure 4). They are well short of the 200 foot
shoreline requirement but have a permit for a 100 foot dock with no stated boat limit.
Typically, they have approximately 6 boats moored at the dock.
2. Lotus Lake Estates Association (Choctaw) has a large beachlot of 92700 square feet
and 900 feet of shoreline (figure 5). They have a permit for three docks which falls
within the city code requirements, but the permit also allows them to have 4 sailboat
moorings. This exceeds the city code sec 20-266 which states, "Up to three sailboat
moorings shall be allowed."
3. Kurver's Point Association has two docks with a total of 10 slips. They have 56000
square feet with 460 feet of shoreline (figure 6). This is sufficient for 2 docks, but the
code states, "(6) No recreational beach lot shall be used for purposes of overnight
storage or overnight mooring of more than three motorized or nonmotorized watercraft
per dock."
4. Fox Chase/Lotus Lake Dock and Trail Association has one large permanent dock on
the lot of 732 Lake Point. This dock has 7 slips for the 7 homes along the DNR protected
wetland on the northwest shoreline (figure 7). Again, the number of boat slips exceeds
that allowed by the city code.
These are 4 associations that have been granted dock usage beyond the requirements of
the city code. There may be other examples as well.
We believe that our request for 2 simple straight docks, 50 feet in length that will allow 4
boat slips per dock for a total of 8 boat slips meets the general conditions for a variance
sec 20-58:
1) We are asking for reasonable use as other associations have been granted.
2) Recreational beach lot requirements suggest a variance is needed.
3) We are making this request only for enjoyment of the lake.
4) Our hardship is not self-created
5) Variance will not be detrimental to public welfare or injurious to other land. The
shoreline will remain natural and undisturbed. No water or shore vegetation will
be disturbed.
6) a. street congestion will not be increased. Outlot B is within 500 feet of all home
lots (walking distance).
b. visibility is not affected
c. fire danger is not increased
d. public safety is not diminished
e. neighboring property values are not impaired
We will continue to be good stewards of the lake and the shoreline. We will continue to
preserve the northern two-thirds of Outlot B and it's shoreline in its undisturbed natural
state (figure 8).
Respectfully submitted,
Near Mountain Lake Association
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PIU# 252700160
Page I of I
Legend
1, urcrr uy or rrnumn
Property Add ress:
732 LAKE PT
CHANHASSEN, MN
Taxpayer"dona"'OO:
TERRY D & DEBRA L VOLT
732 LAKE PT
Ma1ht1
is
^/ MWants
CHANHASSEN , MN 55317
Count
Parcel Properdes
County Rttb
GIS Acres: 0.56Residential
Homestead: Y
Year Built: 1988
Residential Footprint Sq Ft: 2434
loan
�wah
School District: 0276
tIIr71112
Parcel Location
Section: 01
Lot: 016
Township: 116
Range: 023 IlPlatname:
Block: 001
FOX CHASE
Payable Year 1007
Last Sale Injormaeon
Markel Value Land: 5530600
EstMarket Value Building: 5509300
=Est:
Map Created: 4-11-2006
Est Market Value Total: $1039900
ITY GIS DISCLAIMER: This map was created using Caner County's Geographic Information Systems (GIS), it is a compilation
data from carious City, County, State, and Federal offices. This map is not a surveyed or legally recorded map and is intended to be
used as a reference. Carver County is not responsible for any inaccuracies contained herein.
FIGjke-- %
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Print Data/Map
Page 1 of 1
PID# 257300110
3
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MA
Legend
Parcel Information
- - -- _
Property Address:
NOT ON FILE
Taxpayer Information:
NEAR MOUNTAIN LAKE ASSN INC
W bd
IBM~
(11CHANHASSEN,
610 PLEASANT VIEW RD
N �llytapa
MN 55317
� fter
Parcel Properties
— — - -
Ubt
GISAcres: 1.3
Homestead: N
treat
School District: 0276
CAW 2111131
arcel Location
Section: 01
Loc
Township: 116
Range: 023
Block:
Platr sene: REICHERTS ADDITION
Payable Year 2007
ILast Sale Information
Est Market Value Land: SO
Last Sale NOT ON FILE
Est. Market Value Building: $O
Map Created: 4-14-2006
Est Market Value Total: $O
CARVER COUNTY GIS DISCLAIMER: This map was created using Carver County's Geographic Information Systems (GIS), it is a compilation
of information and data from various City, County, State, and Federal off ices . This map is not a surveyed or legally recorded map and is intended to be
used as a reference. Caner County is not responsible for any inaccuracies contained herein.
http://156.99.124.167/website/parcel_search/printdatamap.asp?PID=257300110 4/14/2006
YKIN I
It Name
0
Email:
Planning Case No.
CITY OF CHANHASSEN
7700 Market Boulevard — P.O. Box 147
Chanhassen, MN 55317 — (952) 227-1100
DEVELOPMENT REVIEW APPLICATION
Owner Name and Address:
Contact:
Phone: Fax:
Email:
NOTE: Consultation with City staff is required prior to submittal, including review of development
plans
Comprehensive Plan Amendment
Conditional Use Permit (CUP)
Interim Use Permit (IUP)
Non -conforming Use Permit
Planned Unit Development*
Rezoning
Sign Permits
Sign Plan Review
Site Plan Review (SPR)*
Subdivision*
Temporary Sales Permit
Vacation of Right-of-Way/Easements (VAC)
V/ Variance (VAR)
Wetland Alteration Permit (WAP)
Zoning Appeal
Zoning Ordinance Amendment
Notification Sign — $200
(City to install and remove)
X Escrow for Filing Fees/Attomey Cost*
- $50 CUP/SPRNACNAR/WAP/Metes & Bounds
- $450 Minor SUB
TOTAL FEE $
An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant
prior to the public hearing.
*Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11"
reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format.
"Escrow will be required for other applications through the development contract.
Building material samples must be submitted with site plan reviews.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for
each application.
PROJECT NAME: NM9. hDJe1J?AtrJ LAKE— RELAZAs7zeJAL 8EAuS
a LD
LOCATION AcAass F(zpht b / O Pt-F.ASAN; t ,E -L% n� .
LEGAL DESCRIPTION: OVTLc>T ll 1 REICHEA 1 ,S ADD i-notJ
TOTAL ACREAGE /. 0 & ACRES - I r185- Sl 0. 29 ACAF-S - ZOD.S-
WETLANDS PRESENT: YES V/ NO
PRESENT ZONING: S I tJ GL♦' FA h l L`7 2 ES 1 bEAI jq L
REQUESTED ZONING Sfi/'1FG-1
PRESENT LAND USE DESIGNATION: 2�S I b �►Tt A L Los D ESS r ry
REQUESTED LAND USE DESIGNATION: S AM E -
REASON FOR REQUEST --SLP— A-r-rgg-{EZ�
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application
A determination of completeness of the application shall be made within 15 business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership
(either copy of Owners Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
Jat a c lig 06
yure
ppli Date
V// 4f/05
ee mer Date
G ipLAWf sTievelopm nt Review Apphi tion.DOC Rev. 12M5
April 14, 2006
Near Mountain Lake Association Dock Variance Request
Near Mountain Lake Association owns Outlot B of Reichert's Addition. The Association
members consist of Lots 1-8, Reichert's addition along Pleasant View Road on the east
side of the northern tip of Lotus Lake (figure 1). We are one of the oldest if not the
oldest lake association on Lotus Lake. We have long standing membership with an
average time of home ownership for our current members of approximately 16 years. We
have always been good stewards of the lake and shoreline.
We, the Near Mountain Lake Association, are requesting a variance to allow a second
seasonal, 50 foot dock on the southern portion of our Association's recreational beach lot
(Outlot B) on Lotus Lake as shown in figure 2. Further, we request 4 boat slips per dock
for a total of 8 slips. Currently, a single 50 foot seasonal dock is used for 3 boats on the
southern portion of the lot.
Under Sec. 20-266 of the Chanhassen City Code:
"(7) The maximum number of docks on a recreational beach lot is three. No dock shall
be permitted on any recreational beach lot unless the beach meets the following
conditions:
a. Shoreline of at least 200 feet per dock; and
b. Area of at least 30,000 square feet for the first dock and additional 20,000 square feet
for each additional dock."
Outlot B has 600 feet of shoreline and an area of 46000 square feet according to City of
Chanhassen records. This is likely based on a survey from the early 1980's (figure 2). A
more recent survey was conducted in 2005 which shows the area to be 38350 square feet
(figure 3). We believe the reduction in area may be a result of settling. We have never
added fill to the northern two thirds of Outlot B where it appears we have lost land area
(compare figures 2 and 3). Had we added fill over the years, we may have maintained
the earlier size, however we have chosen to respect the natural state of the land.
We have enough shoreline to support 2 and even 3 docks, however we are short of the
required 50000 square feet for 2 docks. We are asking for a variance that will permit the
use of a second dock in spite of the square foot shortage. The southern portion of
shoreline where the current dock is used and where we propose to locate the second dock
is not in a designated wetland area. Only the northern 150 feet of shoreline on Outlot B is
wetland according to the National Wetland Inventory.
Precedents:
We believe exceptions from city code regarding shoreline use have been granted for other
Lotus Lake associations. Some examples are:
1. The Lotus Lake Betterment Association (Sandy Hook) has a recreational lot of
unknown area with a shoreline of 25 feet (figure 4). They are well short of the 200 foot
shoreline requirement but have a permit for a 100 foot dock with no stated boat limit.
Typically, they have approximately 6 boats moored at the dock.
2. Lotus Lake Estates Association (Choctaw) has a large beachlot of 92700 square feet
and 900 feet of shoreline (figure 5). They have a permit for three docks which falls
within the city code requirements, but the permit also allows them to have 4 sailboat
moorings. This exceeds the city code sec 20-266 which states, "Up to three sailboat
moorings shall be allowed."
3. Kurver's Point Association has two docks with a total of 10 slips. They have 56000
square feet with 460 feet of shoreline (figure 6). This is sufficient for 2 docks, but the
code states, "(6) No recreational beach lot shall be used for purposes of overnight
storage or overnight mooring of more than three motorized or nonmotorized watercraft
per dock."
4. Fox Chase/Lotus Lake Dock and Trail Association has one large permanent dock on
the lot of 732 Lake Point. This dock has 7 slips for the 7 homes along the DNR protected
wetland on the northwest shoreline (figure 7). Again, the number of boat slips exceeds
that allowed by the city code.
These are 4 associations that have been granted dock usage beyond the requirements of
the city code. There may be other examples as well.
We believe that our request for.2 simple straight docks, 50 feet in length that will allow 4
boat slips per dock for a total of 8 boat slips meets the general conditions for a variance
see 20-58:
1) We are asking for reasonable use as other associations have been granted.
2) Recreational beach lot requirements suggest a variance is needed.
3) We are making this request only for enjoyment of the lake.
4) Our hardship is not self-created
5) Variance will not be detrimental to public welfare or injurious to other land. The
shoreline will remain natural and undisturbed. No water or shore vegetation will
be disturbed.
6) a. street congestion will not be increased. Outlot B is within 500 feet of all home
lots (walking distance).
b. visibility is not affected
c. fire danger is not increased
d. public safety is not diminished
e. neighboring property values are not impaired
We will continue to be good stewards of the lake and the shoreline. We will continue to
preserve the northern two-thirds of Outlet B and it's shoreline in its undisturbed natural
state (figure 8).
Respectfully submitted,
Near Mountain Lake Association
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Page 1 of I
PID# 252400320
right 2006, 4rwrfanty, Miwaota
Legend
Parcel Information-
Property Address:
Taxpayer Information:
bmTOA
Us114 ,
NOT ON FILE
L11CHANHASSEN,
LOTUS LAKE BETTERMENT ASSN
105 SANDY HOOK RD
all W -M
AIN 55317
/✓ a""
taeas Roses
Parcel Properties
CIS Acres: 1.06
taYn
Homestead: N
P ..i,
School District: 0276
Cein 200=
Parcel Location
Section: 01
Lot:
Township: 116
Block:
Range: 023
Platname: COLONIAL DROVE AT LOTUS
LK2ND
Payable Year 2007
ILast Sale Information
Est. M1larket Value Land: SO
Last Sale NOT ON FILE
Est. Market Value Building: SO
Nap Created: 4-142006
Est. Market Value Total: SO
CAR\'ER COUNTY CIS DISCLAI V E R: This map was created using Can er County's Geographic Information Systems (GIS), it is a compilation
of information and data from carious City, County, State, and Federal offices. This map is not a surveyed or legally recorded map and is intended to be
used as a reference. Carver County is not responsible for any inaccuracies contained herein.
http://156.99.124.167/website/parcel_search/printdatamap.asp?PID=252400320 4/14/2006
print Data/Map
Page 1 of 1
F I&A,
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F IGORF,, C0
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FIG�(lfL 7
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Print Data/Map
(JIGL)rzE t�
http://156.99.124.167/website/parcel_search/printdatamap.asp?PID=257300110 4/14/2006
PID# 257300110
s
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Gopyrght ®2006, Gner C.asttdy, inrtesata
I egend
Parcel Information
"�-- --
Property Address:
NOT ON FILE
Taxpayer Information:
NEAR MOUNTAIN LAKE ASSN INC
Rind Ted
of kv -
!� tai It f6.are
610 PLEASANT VIEW RD
CHANHASSEN , MN 55317
C.r
canq Reeae
[Parcel Properties
IS Acres: 1.3
Homestead: N
laW
Rrsen
School District: 0276
Cow MCI
[Parcel Location
Section: 01
Township: 116
Lot:
frock:
Range: 023
Plamame: REICHERTS ADDITION
Payable Year 1007
Vast Sale Information
EsL Market Value Land:
$0
Last Sale NOTONFILE
Est Market Value Building:
$0
Nap Created: 4142006
EsL Market Value Total:
SO
CARVER COUNTY GIS DISCLAIMER: This map was created using Career County's Geographic Information Systems(GIS), it is a compilation
of information and data fmm various City,
County, State, and Federal offices.
This map is not a surveyed or legally recorded map and is intended to be
used as a reference. Caner County is not responsible for any inaccuracies contained herein
(JIGL)rzE t�
http://156.99.124.167/website/parcel_search/printdatamap.asp?PID=257300110 4/14/2006
PLEASE PRINT
CITY OF CHANHASSEN
7700 Market Boulevard - P.O. Box 147
Chanhassen, MN 55317 - (952) 227-1100
DEVELOPMENT REVIEW APPLICATION
Planning Case No.
)licant Name and Address: Owner Name and Address:
� AWA) i Ar.J 1_41<f- Aii QAT, o'3
o PLP_4S.AN- d, A n �F
.NANHASSF.+J -1A.) 575317
Phone:6i?- 2027 Fax: 7635772 Iflo(f Phone: Fax:
Email: uYV1i4JA YAHvo.Con, Email:
NOTE: Consultation with City staff is required prior to submittal, including review of development
plans
Comprehensive Plan Amendment
Conditional Use Permit (CUP)
Interim Use Permit (IUP)
Non -conforming Use Permit
Planned Unit Development'
Rezoning
Sign Permits
Sign Plan Review
Site Plan Review (SPR)'
Subdivision'
Temporary Sales Permit
Vacation of Right-of-Way/Easements (VAC)
V/ Variance (VAR)
Wetland Alteration Permit (WAP)
Zoning Appeal
Zoning Ordinance Amendment
Notification Sign — $200
(City to install and remove)
X Escrow for Filing Fees/Attorney Cost"
- $50 CUP/SPR/VACNARANAP/Metes & Bounds
- $450 Minor SUB
TOTALFEE
An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant
prior to the public hearing.
'Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11"
reduced copy for each plan sheet along with a digital coat/ in TIFF -Group 4 ('.tif) format.
"Escrow will be required for other applications through the development contract.
Building material samples must be submitted with site plan reviews.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for
each application.
PROJECT NAME: NEA2 tj0jAj iAi,J LAKE- RiLAb%ya.SAL QEALq LLT
LOCATION. ACA,>sS FgoFl 6to b. I
LEGAL DESCRIPTION. _ OhTl.vT _ Q , REICH I_ ,S ADD ITION
TOTAL ACREAGE: �. 0% AC2ES ' r1�S' 0. 89 ACAES - 2oO.S
WETLANDS PRESENT: YES V/ NO
PRESENT ZONING. ) i /,1 G FLk h (L`f AI A L
REQUESTED ZONING: SA /'til`
PRESENT LAND USE DESIGNATION: AE; I bktJ 1 /A L Ltvs D P:�Jg tyy
REQUESTED LAND USE DESIGNATION: S
REASON FOR REQUEST: SEF. AT-rw,+-tEp
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the spedfic ordinance and procedural requirements applicable to your application
A determination of completeness of the application shall be made within 15 business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership
(either copy of Owners Duplicate Certficate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information 1 have submitted are true and correct to the best of
my knowledge.
Jat N 4/14/06
gn ure of Appli Date
'�� l /4Y/09
6igmfure of Fee ervner Date
GipLAMforms\Developm nt Review Appliration.DOC Rev. 12/05
April 14, 2006
Near Mountain Lake Association Dock Variance Request
Near Mountain Lake Association owns Outlot B of Reichert's Addition. The Association
members consist of Lots 1-8, Reichert's addition along Pleasant View Road on the east
side of the northern tip of Lotus Lake (figure 1). We are one of the oldest if not the
oldest lake association on Lotus Lake. We have long standing membership with an
average time of home ownership for our current members of approximately 16 years. We
have always been good stewards of the lake and shoreline.
We, the Near Mountain Lake Association, are requesting a variance to allow a second
seasonal, 50 foot dock on the southern portion of our Association's recreational beach lot
(Outlot B) on Lotus Lake as shown in figure 2. Further, we request 4 boat slips per dock
for a total of 8 slips. Currently, a single 50 foot seasonal dock is used for 3 boats on the
southern portion of the lot.
Under Sec. 20-266 of the Chanhassen City Code:
"(7) The maximum number of docks on a recreational beach lot is three. No dock shall
be permitted on any recreational beach lot unless the beach meets the following
conditions:
a. Shoreline of at least 200 feet per dock; and
b. Area of at least 30,000 square feet for the first dock and additional 20,000 square feet
for each additional dock."
Outlot B has 600 feet of shoreline and an area of 46000 square feet according to City of
Chanhassen records. This is likely based on a survey from the early 1980's (figure 2). A
more recent survey was conducted in 2005 which shows the area to be 38350 square feet
(figure 3). We believe the reduction in area may be a result of settling. We have never
added fill to the northern two thirds of Outlot B where it appears we have lost land area
(compare figures 2 and 3). Had we added fill over the years, we may have maintained
the earlier size, however we have chosen to respect the natural state of the land.
We have enough shoreline to support 2 and even 3 docks, however we are short of the
required 50000 square feet for 2 docks. We are asking for a variance that will permit the
use of a second dock in spite of the square foot shortage. The southern portion of
shoreline where the current dock is used and where we propose to locate the second dock
is not in a designated wetland area. Only the northern 150 feet of shoreline on Outlet B is
wetland according to the National Wetland Inventory.
Precedents:
We believe exceptions from city code regarding shoreline use have been granted for other
Lotus Lake associations. Some examples are:
1. The Lotus Lake Betterment Association (Sandy Hook) has a recreational lot of
unknown area with a shoreline of 25 feet (figure 4). They are well short of the 200 foot
shoreline requirement but have a permit for a 100 foot dock with no stated boat limit.
Typically, they have approximately 6 boats moored at the dock.
2. Lotus Lake Estates Association (Choctaw) has a large beachlot of 92700 square feet
and 900 feet of shoreline (figure 5). They have a permit for three docks which falls
within the city code requirements, but the permit also allows them to have 4 sailboat
moorings. This exceeds the city code sec 20-266 which states, "Up to three sailboat
moorings shall be allowed."
3. Kurver's Point Association has two docks with a total of 10 slips. They have 56000
square feet with 460 feet of shoreline (figure 6). This is sufficient for 2 docks, but the
code states, "(6) No recreational beach lot shall be used for purposes of overnight
storage or overnight mooring of more than three motorized or nonmotorized watercraft
per dock."
4. Fox Chase/Lotus Lake Dock and Trail Association has one large permanent dock on
the lot of 732 Lake Point. This dock has 7 slips for the 7 homes along the DNR protected
wetland on the northwest shoreline (figure 7). Again, the number of boat slips exceeds
that allowed by the city code.
These are 4 associations that have been granted dock usage beyond the requirements of
the city code. There may be other examples as well.
We believe that our request for 2 simple straight docks, 50 feet in length that will allow 4
boat slips per dock for a total of 8 boat slips meets the general conditions for a variance
sec 20-58:
1) We are asking for reasonable use as other associations have been granted.
2) Recreational beach lot requirements suggest a variance is needed.
3) We are making this request only for enjoyment of the lake.
4) Our hardship is not self-created
5) Variance will not be detrimental to public welfare or injurious to other land. The
shoreline will remain natural and undisturbed. No water or shore vegetation will
be disturbed.
6) a. street congestion will not be increased. Outlot B is within 500 feet of all home
lots (walking distance).
b. visibility is not affected
c. fire danger is not increased
d. public safety is not diminished
e. neighboring property values are not impaired
We will continue to be good stewards of the lake and the shoreline. We will continue to
preserve the northern two-thirds of Outlot B and it's shoreline in its undisturbed natural
state (figure 8).
Respectfully submitted,
Near Mountain Lake Association
IN
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)lap Created: 4-14-2006
Page 1 of I
PID# 252400320
�urere agfurmuuun
Property Address: Taxpayer Information:
NOT ON FILE / LOTUS LAKE BETTERMENT ASSN
I\ 105 SANDY HOOK RD
11CHANHASSEN. MN 55317
Acres: 1.06
iestead: N
sol District: 0276
'CC%LOCohon
on: 01
nship: 116
Fear 200%
Market Value Land: SO
Market Value Building: SO
Market Value Total: SO
COLONIAL GROVE AT LOTUS
2ND
Sale NOT ON FILE
II CARVER COUNTY GIS DISCLAIMER: This map was created using Carver County's Geographic Information Systems (GIS), it is a compilation
of information and data fmm various City, County, State, and Federal offices. This map is rot a surveyed or legally recorded map and is intended to be
used as a reference. Carver County is not responsible for any inaccuracies contained herein.
Fl&- jrf 4
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Print Data/Map
Page I of 1
F IGoR$, 5
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Page I of t
F I& ov e- '(o
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Print Data/Map
PID# 252700160
Page 1 of 1
Legend
.r.Jsre reswssv..
—
Property Address
732 LAKE PT
CHANHASSEN , MN
I Taxpayer Information:
TERRY D & DEBRA L VOGT
732 LAKE PT
Mud
W IIQrNa
on/Maga
CHANHASSEN, MN 55317
arcel Properties
pM
CIS Acres: 0.56
Homestead: Y
Residential Year Built: 1988
Residential Footprint Sq Ft: 2434
1!M
Paalll
School District: 0276
*him
Parce(Location
Section: 01
Lot: 016
Township: 116
Block: 001
Range: 023
Plalname: FOX CHASE
Payable Year 2007
Last Sale Information
Last Sale NOT ON FILE
Est. Jlarket Value Land: 5530600
Est. Market Value Building: $509300
Vlap Created: 4-11-2006
Est. Market Value Total: 51039900
CARVER COUNTY GIS DISCLAIMER: This map was created using Career County's Geographic Information Systems (GIS), it is a compilation
of information and data from various City. Cuunty, State, and Federal offices, -This map is not a surcc)ed or legally recorded map and is intended to be
used as a reference C'ar er County is not responsible for am inaccuracies contained herein.
Fl G,jfLE- �
http://156.99.124.167/website/parcel_search/printdatamap.asp? PID=252700160 4/11/2006
Print Data/Map
Page I of I
PID# 257300110
,
'4
���rYyr
a t y
Cnptr4mo2006, caner County, Hinresota
Legend
ParcelInformation
Property Address:
NOT ON FILE
Taxpayer Information:
NEAR MOUNTAIN LAKE ASSN INC
rmdbd
cal now"
610 PLEASANT VIEW RD
Ml Bahaap
CHANHASSEN, MN 55317
CSa1t N
C" Runs
Parcel Properties
GIS Acres: 1.3
Homestead: N
Iriss
/rrtsh
School District: 0276
cew 2142
Parcel Location
Section: 01
Lot:
Township: 116
Range: 023
Block:
PlaMame: REICHERTS ADDITION
Payable Year 2007
ILast Sale Information
arket Value Land:
SO
Last Sale NOT ON FILE
arket Value Building:
[EL
$O
Map Created: 4142006
arket Value Total:
SO
CARVER COUNTY GIS DISCLAIMER: -Ibis map was created using Carver County's Geographic Information Systems (GIS), it is a compilation
of information and data from various City, County, State, and Federal offices.
This map is cut a sune)cd or legally recorded map and is intended to be
used as a reference. Caner County is not responsible for one inaccuracies contained herein.
r
http://156.99.124.167/website/parcel_search/printdatamap.asp?PID-257300110 4/14/2006
rLrAr rr<m i
CITY OF CHANHASSEN
7700 Market Boulevard — P.O. Box 147
Chanhassen, MN 55317—(952)227-1100
DEVELOPMENT REVIEW APPLICATION
Planning Case No.
Applicant Name and Address: Owner Name and Address:
/dF, 4A NWA)_,4j0J LAKE- 14QAT, oni
Gro PI,F�ASAn)— d, -W ktj n �c
C,04n1/AASSf.. mA) 55317
Contact: JAwA bYViK Contact:
Phone: t 2o27 Fax: 763 572 `fW f Phone: Fax:
Email: DYJIKJA eVAHvo.CD.%% Email:
NOTE: Consultation with City staff is required prior to submittal, including review of development
plans
Comprehensive Plan Amendment
Conditional Use Permit (CUP)
Interim Use Permit (IUP)
Non -conforming Use Permit
Planned Unit Development'
Rezoning
Sign Permits
Sign Plan Review
Site Plan Review (SPR)'
Subdivision*
Temporary Sales Permit
Vacation of Right-of-Way/Easements (VAC)
V/ Variance (VAR)
Wetland Alteration Permit (WAP)
Zoning Appeal
Zoning Ordinance Amendment
Notification Sign — $200
(City to install and remove)
X Escrow for Filing Fees/Attorney Cost`
- $50 CUP/SPR/VAC/VAR/WAP/Metes 8 Bounds
- $450 Minor SUB
TOTAL FEE $
An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant
prior to the public hearing.
'Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11"
reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 ('.til) format.
"Escrow will be required for other applications through the development contract.
Building material samples must be submitted with site plan reviews.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for
each application.
PROJECT NAME: NMP, MoO.WrAvJ Li{i« AS&ocjA,l,,.1 - AEc.APA-Rada/. 4EAQ4 LLT
LOCATION. ACA ss
LEGAL DESCRIPTION:
6lo Pii.-P.ASAn1— JIE"z) ltb.
B , REICHE/1 i 'S ADD (-no
TOTAL ACREAGE/. D& ACRES - 1 x1,95- 0. 29 Ac.AF-S - ZOOS
WETLANDS PRESENT: YES NO
PRESENT ZONING: 1 /J GI -L I✓Ac h ( Ll /Z CS I b EtJ A
REQUESTED ZONING: >A MI'A— ` G - r
PRESENT LAND USE DESIGNATION: A&. 1 DE+� —n A L Lv>L,,s D epJS rr7
REQUESTED LAND USE DESIGNATION: S AA, r --
REASON FOR REQUEST: SEE- A -'TAU— EZD
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within 15 business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
This is to certify that 1 am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
'1'4'L 69VII Jat t%�
Y
A4Feeer
li Date
Date
G-1pLAWf sOevelopmenl Review Applic fion.DOC Rev. 12105
April 14, 2006
Near Mountain Lake Association Dock Variance Request
Near Mountain Lake Association owns Outlot B of Reichert's Addition. The Association
members consist of Lots 1-8, Reichert's addition along Pleasant View Road on the east
side of the northern tip of Lotus Lake (figure 1). We are one of the oldest if not the
oldest lake association on Lotus Lake. We have long standing membership with an
average time of home ownership for our current members of approximately 16 years. We
have always been good stewards of the lake and shoreline.
We, the Near Mountain Lake Association, are requesting a variance to allow a second
seasonal, 50 foot dock on the southern portion of our Association's recreational beach lot
(Oudot B) on Lotus Lake as shown in figure 2. Further, we request 4 boat slips per dock
for a total of 8 slips. Currently, a single 50 foot seasonal dock is used for 3 boats on the
southern portion of the lot.
Under Sec. 20-266 of the Chanhassen City Code:
"(7) The maximum number of docks on a recreational beach lot is three. No dock shall
be permitted on any recreational beach lot unless the beach meets the following
conditions:
a. Shoreline of at least 200 feet per dock; and
b. Area of at least 30,000 square feet for the first dock and additional 20,000 square feet
for each additional dock."
Outlot B has 600 feet of shoreline and an area of 46000 square feet according to City of
Chanhassen records. This is likely based on a survey from the early 1980's (figure 2). A
more recent survey was conducted in 2005 which shows the area to be 38350 square feet
(figure 3). We believe the reduction in area may be a result of settling. We have never
added fill to the northern two thirds of Outlot B where it appears we have lost land area
(compare figures 2 and 3). Had we added fill over the years, we may have maintained
the earlier size, however we have chosen to respect the natural state of the land.
We have enough shoreline to support 2 and even 3 docks, however we are short of the
required 50000 square feet for 2 docks. We are asking for a variance that will permit the
use of a second dock in spite of the square foot shortage. The southern portion of
shoreline where the current dock is used and where we propose to locate the second dock
is not in a designated wetland area. Only the northern 150 feet of shoreline on Outlot B is
wetland according to the National Wetland Inventory.
Precedents:
We believe exceptions from city code regarding shoreline use have been granted for other
Lotus Lake associations. Some examples are:
1. The Lotus Lake Betterment Association (Sandy Hook) has a recreational lot of
unknown area with a shoreline of 25 feet (figure 4). They are well short of the 200 foot
shoreline requirement but have a permit for a 100 foot dock with no stated boat limit.
Typically, they have approximately 6 boats moored at the dock.
2. Lotus Lake Estates Association (Choctaw) has a large beachlot of 92700 square feet
and 900 feet of shoreline (figure 5). They have a permit for three docks which falls
within the city code requirements, but the permit also allows them to have 4 sailboat
moorings. This exceeds the city code sec 20-266 which states, "Up to three sailboat
moorings shall be allowed."
3. Kurver's Point Association has two docks with a total of 10 slips. They have 56000
square feet with 460 feet of shoreline (figure 6). This is sufficient for 2 docks, but the
code states, "(6) No recreational beach lot shall be used for purposes of overnight
storage or overnight mooring of more than three motorized or nonmotorized watercraft
per dock."
4. Fox Chase/Lotus Lake Dock and Trail Association has one large permanent dock on
the lot of 732 Lake Point. This dock has 7 slips for the 7 homes along the DNR protected
wetland on the northwest shoreline (figure 7). Again, the number of boat slips exceeds
that allowed by the city code.
These are 4 associations that have been granted dock usage beyond the requirements of
the city code. There may be other examples as well.
We believe that our request for 2 simple straight docks, 50 feet in length that will allow 4
boat slips per dock for a total of 8 boat slips meets the general conditions for a variance
sec 20-58:
1) We are asking for reasonable use as other associations have been granted.
2) Recreational beach lot requirements suggest a variance is needed.
3) We are making this request only for enjoyment of the lake.
4) Our hardship is not self-created
5) Variance will not be detrimental to public welfare or injurious to other land. The
shoreline will remain natural and undisturbed. No water or shore vegetation will
be disturbed.
6) a. street congestion will not be increased. Outlot B is within 500 feet of all home
lots (walking distance).
It. visibility is not affected
c. fire danger is not increased
d. public safety is not diminished
e. neighboring property values are not impaired
We will continue to be good stewards of the lake and the shoreline. We will continue to
preserve the northern two-thirds of Outlot B and it's shoreline in its undisturbed natural
state (figure 8).
Respectfully submitted,
Near Mountain Lake Association
ON
W
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Page 1 of 1
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Print Data/Map
Page 1 of 1
F *ogt- 5
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Print Data/Map Pagc 1 of l
F IG0RF,, 6
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Print Data/Map
Legend
V%d
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at.yiash
LOA
PW*
Cdwm
Page I of I
PID# 252700160
Address: Taxpayer Information:
E PT( TERRY D & DEBRA L VOGT
iSSEN , NIN I 732 LAKE PT
IICHANHASSEN.MN55317
Acres: 0.56
Residential Year Built: 1988
ieatead: Y
Residential Footprint Sq FL 2434
of District: 0276
cel Location
on: 01
016
nship: 116
FBI -k:001
;e: 023
ame: FOX CHASE
able Year 1007
Last Sale Information
Last Sale NOT ON FILE
Est. Market Value Land: $530600
Est. Market Value Building: S509300
Vbp Created: 4-11-2006 Est. Nlh rket Value Total: $1039900
II I
CARVER COUNTY GIS DISCLAIMER: This map was created using Caner County's Geographic Information Systems (GIS), it is a compilation
of information and data from nanous City, Count}', State, and Federal offices. This map is not a suneyed or legally recorded map and is intended to be
in
used as a reference. Caner County is not responsible for any accuracies contained herein.
http://l 56.99.124.167/website/parcel_search/printdatamap.asp?PID=252700160 4/11/2006
, Print Data/Map
http://156.99.124.167/website/parcel_search/printdatamap.asp?PID=257300110 4/14/2006
PID# 257300110
FIN
s
L-xlSirrvG �' -
a
Copyright ®2006, Caner Cwnty, Hinnesota
Legend
ParcelInformation
Property Address:
NOT ON FILE
T zpayer Information:
NEAR MOUNTAIN LAKE ASSN INC
yly
ug"Poils
WHOM"
610 PLEASANT VIEW RD
CHANHASSEN, MN 55317
CYW
tom, w.ar
Parcel Properties
GISAcrer: 1.3
Homestead: N
Was
ysuh
School District: 0276
Calls IM2
ParcelLoeatian
Section: 01
Township: 116
Lat:
Block:
Range: 0'_3
Platoame: REICHERTS ADDITION
Payable Year 2007
ILast Sale Information
Est. Market Value Land:
50
Last Sale NOT ON FILE
Nap Crested: 4142006
Est. Alarket Value Building: SO
Est Sl:rket Value Total: $0
CARVER COUNTY GIS DISCLAIMER: This map was created using Carver County's Geographic Information Systems IGISI, it is a compilation
of information and data from carious City, County, Stam, and Federal offices. This map is not a surveyed or legally recorded map and is intended to be
used as a reference Caner Count is not responsible for any inaccuracies contained herein.
http://156.99.124.167/website/parcel_search/printdatamap.asp?PID=257300110 4/14/2006
PLEASE PRINT
E
Email:
CITY OF CHANHASSEN
7700 Market Boulevard — P.O. Box 147
Chanhassen, MN 55317 — (952) 227-1100
DEVELOPMENT REVIEW APPLICATION
Name and
Planning Case No.
Owner Name and Address:
Phone: Fax:
Email:
NOTE: Consultation with City staff is required prior to submittal, including review of development
plans
Comprehensive Plan Amendment
Conditional Use Permit (CUP)
Interim Use Permit (IUP)
Non -conforming Use Permit
Planned Unit Development*
Rezoning
Sign Permits
Sign Plan Review
Site Plan Review (SPR)'
Subdivision*
Temporary Sales Permit
Vacation of Right-of-Way/Easements (VAC)
Variance (VAR)
Wetland Alteration Permit (WAP)
Zoning Appeal
Zoning Ordinance Amendment
Notification Sign — $200
(City to install and remove)
X Escrow for Filing Fees/Attomey Cost*
- $50 CUP/SPR/VACNARANAP/Metes & Bounds
- $450 Minor SUB
TOTALFEE
An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant
prior to the public hearing.
*Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11"
reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format.
**Escrow will be required for other applications through the development contract.
Building material samples must be submitted with site plan reviews.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for
each application.
PROJECT NAME: NEAQ tic) JAI IAitJ LAKE- ASSD�,q,�,,,1 - AISLAEA17WAL QEAcyi
Lo
LOCATION. Acit:x5s FAc>t-t 6to�
Pt-FASAG�1— �fEnr� �t.
LEGAL DESCRIPTION: O u %L.C7T Q . A `) CH 1/Z I ,.S ADD 1 T(O od
TOTALACREAGE: 1.06 AWr> - 01pS' 0. 29AiZAES - ZOOS-
WETLANDS
OOSWETLANDS PRESENT: �+ YES �� NO
PRESENT ZONING: J I /� GL� rA M (LI /Z
REQUESTED ZONING)AMi;- ^f� G-,
PRESENT LAND USE DESIGNATION 2�� I ,J �l A L LoLo s D Wg (TY
REQUESTED LAND USE DESIGNATION: S Ati, E -
REASON FOR REQUEST: ,SLF— A-nrw, -tet �
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within 15 business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership
(either copy of Owners Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
fat a c 411q166
eeo� Date
�{ /�/o6
6igAefure of Fee gfvner Date
G:1pLAMforrns\Development Review Application. DOC Rev. 12105
April 14, 2006
Near Mountain Lake Association Dock Variance Request
Near Mountain Lake Association owns Outlot B of Reichert's Addition. The Association
members consist of Lots 1-8, Reichert's addition along Pleasant View Road on the east
side of the northern tip of Lotus Lake (figure 1). We are one of the oldest if not the
oldest lake association on Lotus Lake. We have long standing membership with an
average time of home ownership for our current members of approximately 16 years. We
have always been good stewards of the lake and shoreline.
We, the Near Mountain Lake Association, are requesting a variance to allow a second
seasonal, 50 foot dock on the southern portion of our Association's recreational beach lot
(Outlot B) on Lotus Lake as shown in figure 2. Further, we request 4 boat slips per dock
for a total of 8 slips. Currently, a single 50 foot seasonal dock is used for 3 boats on the
southern portion of the lot.
Under Sec. 20-266 of the Chanhassen City Code:
"(7) The maximum number of docks on a recreational beach lot is three. No dock shall
be permitted on any recreational beach lot unless the beach meets the following
conditions:
a. Shoreline of at least 200 feet per dock; and
b. Area of at least 30,000 square feet for the first dock and additional 20,000 square feet
for each additional dock."
Outlot B has 600 feet of shoreline and an area of 46000 square feet according to City of
Chanhassen records. This is likely based on a survey from the early 1980's (figure 2). A
more recent survey was conducted in 2005 which shows the area to be 38350 square feet
(figure 3). We believe the reduction in area may be a result of settling. We have never
added fill to the northern two thirds of Outlot B where it appears we have lost land area
(compare figures 2 and 3). Had we added fill over the years, we may have maintained
the earlier size, however we have chosen to respect the natural state of the land.
We have enough shoreline to support 2 and even 3 docks, however we are short of the
required 50000 square feet for 2 docks. We are asking for a variance that will permit the
use of a second dock in spite of the square foot shortage. The southern portion of
shoreline where the current dock is used and where we propose to locate the second dock
is not in a designated wetland area. Only the northern 150 feet of shoreline on Outlot B is
wetland according to the National Wetland Inventory.
Precedents:
We believe exceptions from city code regarding shoreline use have been granted for other
Lotus Lake associations. Some examples are:
1. The Lotus Lake Betterment Association (Sandy Hook) has a recreational lot of
unknown area with a shoreline of 25 feet (figure 4). They are well short of the 200 foot
shoreline requirement but have a permit for a 100 foot dock with no stated boat limit.
Typically, they have approximately 6 boats moored at the dock.
2. Lotus Lake Estates Association (Choctaw) has a large beachlot of 92700 square feet
and 900 feet of shoreline (figure 5). They have a permit for three docks which falls
within the city code requirements, but the permit also allows them to have 4 sailboat
moorings. This exceeds the city code sec 20-266 which states, "Up to three sailboat
moorings shall be allowed."
3. Kurver's Point Association has two docks with a total of 10 slips. They have 56000
square feet with 460 feet of shoreline (figure 6). This is sufficient for 2 docks, but the
code states, "(6) No recreational beach lot shall be used for purposes of overnight
storage or overnight mooring of more than three motorized or nonmotorized watercraft
per dock."
4. Fox Chase/Lotus Lake Dock and Trail Association has one large permanent dock on
the lot of 732 Lake Point. This dock has 7 slips for the 7 homes along the DNR protected
wetland on the northwest shoreline (figure 7). Again, the number of boat slips exceeds
that allowed by the city code.
These are 4 associations that have been granted dock usage beyond the requirements of
the city code. There may be other examples as well.
We believe that our request for 2 simple straight docks, 50 feet in length that will allow 4
boat slips per dock for a total of 8 boat slips meets the general conditions for a variance
see 20-58:
1) We are asking for reasonable use as other associations have been granted.
2) Recreational beach lot requirements suggest a variance is needed.
3) We are making this request only for enjoyment of the lake.
4) Our hardship is not self-created
5) Variance will not be detrimental to public welfare or injurious to other land. The
shoreline will remain natural and undisturbed. No water or shore vegetation will
be disturbed.
6) a. street congestion will not be increased. Outlot B is within 500 feet of all home
lots (walking distance).
b. visibility is not affected
c. fire danger is not increased
d. public safety is not diminished
e. neighboring property values are not impaired
We will continue to be good stewards of the lake and the shoreline. We will continue to
preserve the northern two-thirds of Outlot B and it's shoreline in its undisturbed natural
state (figure 8).
Respectfully submitted,
Near Mountain Lake Association
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PID# 252700160
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Property Address:
Taxpayer Information:
Ors/ Ttn
U7 No""
732 LAKE PT
CHANHASSEN, MN
TERRY D & DEBRA L VOGT
732 LAKE PT
aIW"s
CHANHASSEN, MN 55317
Pareel Properties
Cw^ loan
CIS Acres: 0.56
Homestead: Y
Residential Built:
Residential Footprint Sq Ft: Ft: 2434
Foot
Linn
Trask
School District: 0276
cdwz 11
PareelLaeaBaR
Section: 01
Lot: 016
Township: 116
Block: 001
Range: 023
Plummets: FOX CHASE
Payable Year 1007
Last Sale Information
—
ale NOTONFILE
Est. Market Value Land: S530600
Est. Market Value Building: 5509300
Map Created: 4-I1-2006 EsL Dtarket Value Total: 11039900
CARVER COUNTY CIS DISCLAIMER: "Ibis map was created using Caner County's Geographic Information Systems (GIS), it is a compilation
of information and data from Carious City. County, State, and Federal entices. This map is not a surveyed or legally recorded map and is intended to he Ic
used as a reference. Caner County is not responsible for any inaccuracies contained herein.
r -I G-J(1fi- 7
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r�cmac
Planning Case No.
CITY OF CHANHASSEN
7700 Market Boulevard — P.O. Box 147
Chanhassen, MN 55317 — (952) 227-1100
DEVELOPMENT REVIEW APPLICATION
Name and Address: I I Owner Name and Address:
o AP-rn4sAN� A L_c
4Jn!2AJ- Rc
Contact: JANN DYyll, Contact:
Phone: / 202 7 it Fax: 76 3 5" 72 t974 Phone: Fax:
Email: bYJIIKJA VAHDa.CDM Email:
NOTE: Consultation with City staff is required prior to submittal, including review of development
plans
Comprehensive Plan Amendment
Conditional Use Permit (CUP)
Interim Use Permit (IUP)
Non -conforming Use Permit
Planned Unit Development*
Rezoning
Sign Permits
Sign Plan Review
Site Plan Review (SPR)*
Subdivision*
Temporary Sales Permit
Vacation of Right-of-Way/Easements (VAC)
V/ Variance (VAR)
Wetland Alteration Permit (WAP)
Zoning Appeal
Zoning Ordinance Amendment
Notification Sign — $200
(City to install and remove)
X Escrow for Filing Fees/Attomey Cost"
- $50 CUP/SPRIVACIVAR/WAP/Metes & Bounds
- $450 Minor SUB
TOTAL FEE $
An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant
prior to the public hearing.
*Sixteen (16) full-size folded copies of the plans must be submitted, including an 81/:" X 11"
reduced copy for each plan sheet along with a digital cop v in TIFF -Group 4 (*.tif) format.
**Escrow will be required for other applications through the development contract.
Building material samples must be submitted with site plan reviews.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for
each application.
PROJECT NAME: NW, MQJJJ'IAi,) LAKE- ASSaGA1��J -nAEcAEExi;7�{a(- 86AUd uT
LOCATION. AC1�aSS F(%pht 6(O PLF-A�1T �G1�n� iz-b
L_vR
LEGAL DESCRIPTION: OUT
T Q EICHER I ,S ADD i-notJ
TOTAL ACREAGEAC2E5 ' �($S� 0. ACAES ZOOS
WETLANDS PRESENT: YES V/ NO
PRESENT ZONING: S I tJGLL FAc M l L`7 A ES t E � 0��
REQUESTED ZONING JH Mr^ p.
PRESENT LAND USE DESIGNATION /Cf� � f bkWTI A L LL7� D EAJ9 (Tr`
REQUESTED LAND USE DESIGNATION: S AM f:,
REASON FOR REQUEST: SLF— ATTACI-f�
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within 15 business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership
(either copy of Owners Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
Jat N c 411q166
Kq-nalure of Appli Date
1' /o6
&gRedure of Fee er Date
G:1pl-WformsOevelopmenl Review Appliration.DOC Rev. 12/05
April 14, 2006
Near Mountain Lake Association Dock Variance Request
Near Mountain Lake Association owns Outlot B of Reichert's Addition. The Association
members consist of Lots 1-8, Reichert's addition along Pleasant View Road on the east
side of the northern tip of Lotus Lake (figure 1). We are one of the oldest if not the
oldest lake association on Lotus Lake. We have long standing membership with an
average time of home ownership for our current members of approximately 16 years. We
have always been good stewards of the lake and shoreline.
We, the Near Mountain Lake Association, are requesting a variance to allow a second
seasonal, 50 foot dock on the southern portion of our Association's recreational beach lot
(Outlot B) on Lotus Lake as shown in figure 2. Further, we request 4 boat slips per dock
for a total of 8 slips. Currently, a single 50 foot seasonal dock is used for 3 boats on the
southern portion of the lot.
Under Sec. 20-266 of the Chanhassen City Code:
"(7) The maximum number of docks on a recreational beach lot is three. No dock shall
be permitted on any recreational beach lot unless the beach meets the following
conditions:
a. Shoreline of at least 200 feet per dock; and
b. Area of at least 30,000 square feet for the first dock and additional 20,000 square feet
for each additional dock."
Outlot B has 600 feet of shoreline and an area of 46000 square feet according to City of
Chanhassen records. This is likely based on a survey from the early 1980's (figure 2). A
more recent survey was conducted in 2005 which shows the area to be 38350 square feet
(figure 3). We believe the reduction in area may be a result of settling. We have never
added fill to the northern two thirds of Outlot B where it appears we have lost land area
(compare figures 2 and 3). Had we added fill over the years, we may have maintained
the earlier size, however we have chosen to respect the natural state of the land.
We have enough shoreline to support 2 and even 3 docks, however we are short of the
required 50000 square feet for 2 docks. We are asking for a variance that will permit the
use of a second dock in spite of the square foot shortage. The southern portion of
shoreline where the current dock is used and where we propose to locate the second dock
is not in a designated wetland area. Only the northern 150 feet of shoreline on Outlot B is
wetland according to the National Wetland Inventory.
Precedents:
We believe exceptions from city code regarding shoreline use have been granted for other
Lotus Lake associations. Some examples are:
1. The Lotus Lake Betterment Association (Sandy Hook) has a recreational lot of
unknown area with a shoreline of 25 feet (figure 4). They are well short of the 200 foot
shoreline requirement but have a permit for a 100 foot dock with no stated boat limit.
Typically, they have approximately 6 boats moored at the dock.
2. Lotus Lake Estates Association (Choctaw) has a large beachlot of 92700 square feet
and 900 feet of shoreline (figure 5). They have a permit for three docks which falls
within the city code requirements, but the permit also allows them to have 4 sailboat
moorings. This exceeds the city code sec 20-266 which states, "Up to three sailboat
moorings shall be allowed."
3. Kurver's Point Association has two docks with a total of 10 slips. They have 56000
square feet with 460 feet of shoreline (figure 6). This is sufficient for 2 docks, but the
code states, "(6) No recreational beach lot shall be used for purposes of overnight
storage or overnight mooring of more than three motorized or nonmotorized watercraft
per dock."
4. Fox Chase/Lotus Lake Dock and Trail Association has one large permanent dock on
the lot of 732 Lake Point. This dock has 7 slips for the 7 homes along the DNR protected
wetland on the northwest shoreline (figure 7). Again, the number of boat slips exceeds
that allowed by the city code.
These are 4 associations that have been granted dock usage beyond the requirements of
the city code. There may be other examples as well.
We believe that our request for 2 simple straight docks, 50 feet in length that will allow 4
boat slips per dock for a total of 8 boat slips meets the general conditions for a variance
sec 20-58:
1) We are asking for reasonable use as other associations have been granted.
2) Recreational beach lot requirements suggest a variance is needed.
3) We are making this request only for enjoyment of the lake.
4) Our hardship is not self-created
5) Variance will not be detrimental to public welfare or injurious to other land. The
shoreline will remain natural and undisturbed. No water or shore vegetation will
be disturbed.
6) a. street congestion will not be increased. Outlot B is within 500 feet of all home
lots (walking distance).
b. visibility is not affected
c. fire danger is not increased
d. public safety is not diminished
e. neighboring property values are not impaired
We will continue to be good stewards of the lake and the shoreline. We will continue to
preserve the northern two-thirds of Outlot B and it's shoreline in its undisturbed natural
state (figure 8).
Respectfully submitted,
Near Mountain Lake Association
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PID# 253920320
r4 s d'
/
Copyright A 2006, Gnct Cwnty, HAnesou
Iegena
JParceiflnformation
Properly Address:
NOT ON FILE
Taxpayer Information:
KURVERS POINT HOMEOWNER ASSN
GO MELVIN KURVERS
RW Ty -
us ala
t« Ky gs
7240 CHANHASSEN BE
ly
N tax
CHANHASSEN , MN 55317
CW*NEW
IParcel Properties
Tax Acres: 1.15
Last,
Is..4
Homestead: N
Cala 21111
School District: 0276
ParcelLocadon
Section: 12
Lot:
Township: 116
Block:
Range: 023
Piatname: KURVERS POINT
Payable Year 2007
ast Sale Information
Est., larket Value Land: $0
Last Sale NOT ON FILE
-
Est. Market Value Building: $0
Nap Created: 4-11-2006
Est. Market Value Total: 50
CARVER COUNTY GIS DISCLAIMER: This map was created using Carver County's Geographic Information Systems (GIS), it is a compilation
of information and data from carious City, County,
State, and Federal offices. This map is not a sorveyed or
legally recorded map and is intended to be Ic
used as a reference. Caner County is not responsible for any inaccuracies contained herein. r
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PID# 252700160
tl:
r•
a
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Copyright � 2006,.Cane `may; Minnesota
Legend Parcel Information - - -�
Iltr/Tom Property Address: a:payer Information:
iA No""" 732 LAKE? r TERRY D & DEBRA L VOGT
CHANHASSEN , FIN 712 LAKE PT
h/ 1111 Was" CHANHASSEN , MN 55317
CLAN
C*^ Rusk [Parcel Properties
Latin GIS Acret: 0.56 Residential Year Built: 1988
Homestead: Y Residential Footprint Sq Ft: 2434
hn04 School District: 0276
Carr EID
Parcel Location
Section: 01 Lot: 016
Township: 116 Bbck: 001
Range: 023 PIs W ame: FOX CHASE
Payable Year 1007 Last Sale Information
Last Sale NOT ON FILE
Est. ]larket Value Land: 5530600
Est. Market Value Building: $509300
)Cap Created: 4-11-2006 Est.Alarket Value Total: $1039900
CARVER COUNTY GIS DISCLAIMER: This map as created using Caner County's Geographic Information Systems (GIS), it is a compilation
of information and data from carious City, County, State, and Federal offices. This map is not a surse)ed or Iegaily recorded map and is intended to be
used as arc@rence. Caner County is not responsible for any inaccuracies contained herein. �.
r-1 G,)tiL �
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