Email to Sue Nelson 11-17-09 with amended CUP
Meuwissen. Kim
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Sent:
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Attachments:
Meuwissen, Kim
Tuesday, November 17, 2009 11 :29 AM
'Sue Nelson'
Kairies, Angie
RE: Amended and Restated CUP 79-06 (Lotus Lake Estates Beachlot - Outlot B)
Conditional Use Permit.doc
Sue,
Attached is the amended CUP with the change on the first page, section 2, stating the legal
description is shown on the attached {{Exhibit A", as opposed to being {{Outlot B". Please add
the Exhibit A showing the correct legal description. Thanks for catching this!
KIM MEUWISSEN
.ClTY OF CHANHASSEN
PLANNING SECRETARY
952-227-1 107
MAIL TO:KMEUWISSEN@CI.CHANHASSEN.MN.US
From: Sue Nelson [mailto:SNelson@ck-law.com]
Sent: Tuesday, November 17, 2009 10:41 AM
To: Meuwissen, Kim
Subject: Amended and Restated CUP 79-06 (Lotus Lake Estates Beachlot - Outlot B)
Kim,
Per our telephone conversation this morning, attached please find portions of the encroachment agreements were filed of
record showing that a portion of Outlot B, Lotus Lake Estates is owned by the HOW and a portion of Outlot B, Lotus Lake
Estates is owned by Kenton & Julia Kelly. The HOA encroachment agreement includes maps of Outlot B which should
help in your review.
Susan ~ tJl.&fsonl Legal Assistant
CAMPBELL KNUTSON, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
(651) 234-6222
snelson@ck-law.com
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
AMENDED AND RESTATED
CONDITIONAL USE PERMIT #79-6
PLANNING CASE #09-16
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby grants an amended and restated conditional use permit for the following use which replaces
Conditional Use Permit 79-6:
A Conditional Use Permit for a Recreational Beachlot
2. Property. The permit is for property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described on the attached Exhibit A.
3. Conditions. The permit is issued to the Lotus Lake Homeowners Association with the
following conditions:
A. Rights Under This Permit Not Expandable to Other Owners. This permit is issued for the
benefit of the owners of the 44 lots in Lotus Lake Estates. The use and enjoyment of the
Subject Property shall be limited to the owners of lots in Lotus Lake Estates. The use and
enjoyment of the Subject Property may not extend to persons other than such owners. The
term "owners" as utilized in this agreement shall mean and refer to any natural person who is
either (a) the record owner of fee simple interest, or (b) the recorder owner of a contract for
deed vendee's interest, or (c) the holder of any possessory leasehold interest, in the whole of
any lot in Lotus Lake Estates, including authorized guests and family members of any such
persons.
B. Certain Site Alterations Authorized. The following improvements may be installed on the
Subject Property:
1. One sand blanket swim area, as shown on the revised plan, Exhibit A, dated June 25,
1986, said swim area to be marked with a minimum of three anchored "swim area" buoys
that are in accordance with the Uniform Waterway Marking System; said buoys to be
anchored a reasonable distance from shore; and
2. A pedestrian walkway connecting Choctaw Circle with the sand blanket swim area; said
walkway to consist of wood chips installed on a sand base with boardwalk steps on the
steep slope area of the walkway; and
3. Four boat racks to be located on land with a storage capacity of either six canoes or six
small sailboats per rack; and
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4. Three docks, not to exceed the greater of fifty (50) feet in length or that number of lineal
feet necessary to reach a water depth of four (4) feet; at the option of the Association, the
final ten (10) feet of any dock may consist of a ten foot by ten foot (10' x 10') square
platform; and
5. One ten foot by ten foot (10' x 10') swimming raft, to be located in water having a
minimum depth of seven (7) feet, not more than one hundred (100) feet from the nearest
lake shore line; said raft shall project a minimum of (1) foot but not more than five (5)
feet above the lake surface, and the comer of said raft shall be reflectorized; and
6. One conversation fire-pit hole, four feet by four feet (4' x 4') constructed of brick or
masonry material, to be located on the northern edge of the sand blanket and no further
north than the northerly line of Lot 32, Block 1, Lotus Lake Estates, extended
northwesterly; and
7. Four sailboat moorings, to be located in the manner depicted on the site plan stamped
"Received June 25, 1986".
C. Trees. Except as provided in the permit, no portion of the Subject Property may be
developed, altered, or disturbed in any way. Every reasonable effort must be made to keep
tree loss at an absolute minimum.
D. Erosion Control. Temporary dams, earthwork or such other devices and practices, including
seeding of graded areas, as shall be needed, in the judgment of the City Engineers, must be
maintained to prevent the washing, flooding, sedimentation and erosion of lands and roads
within and outside the Subject Property during all phases of construction. All public streets
must be kept free of all dirt and debris resulting from construction upon the Subject Property.
E. Certain Structures Prohibited. Except for the alterations described in Section B above, no
structure, pier, boat rack, mooring buoy, or swimming platform shall be constructed, erected,
or maintained on the Subject Property or in the waters abutting the Subject Property.
F. Camping Prohibited. No owner, as defined in Section A hereinabove, or other person shall
camp overnight on the Subject Property.
G. Motor Vehicle Parking and Boat Storage. No watercraft shall be parked or stored overnight
or on a permanent basis on the Subject Property, except as follows:
1. Not more than twenty-four (24) canoes or small sailboats may be so stored overnight in
the four boat racks described in Section B of this permit; and
2. Not more than nine (9) boats, motorized or non-motorized, may be docked overnight at
the docks described in Section B of this permit; and
3. Not more than four (4) sailboats at the mooring described in Section B of this permit.
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4. Except for construction equipment necessary for the execution of the plan and as
necessary for the maintenance of the Subject Property, no motor vehicle shall be driven
upon or parked upon the Subject Property.
5. No boat trailer shall be allowed upon the Subject Property. Nothing in the preceding
three sentences shall be deemed to prohibit the launching of any watercraft from the
Subject Property if accomplished without the assistance of any motor vehicle or trailer or
wheeled dolly upon the Subject Property.
H. Severabilitv. In the event any provision of this permit shall be held invalid, illegal, or
unenforceable by any court or competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision hereof, and the remaining provisions shall not in
any way be affected or impaired thereby.
I. Proof of Title. Upon request, the Association shall furnish the City with evidence
satisfactory to the City that it has acquired fee title to the Subject Property.
J. Notices. All notices, certificates and other communications hereunder shall be sufficiently
given and shall be deemed given when mailed by certified mail, returned receipt requested,
postage prepaid, with property address as indicated below. The City and the Association, by
written notice given by one to the other, may designate any address or addresses, to be sent
when required as contemplated by this permit. Unless otherwise provided by the respective
parties, all notices, certificates, and communications to each of them shall be addressed as
follows:
To the City:
City of Chanhassen
Attn: City Manager
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
To the Association:
Lotus Lake Estates Homeowners Association
Attn: President
P.O. Box 63
Chanhassen, MN 55317
K. Owners to be Notified of This Permit. The Association shall furnish each owner, as that term
is defined in Section A above, with a copy of this permit within thirty (30) days of the signing
of this permit and shall furnish each future owner, as that term is defined in Section A above,
with a copy of this permit, within thirty (30) days of any such owner's initial occupancy of
any residential structures in Lotus Lake Estates.
L. Reimbursement of Costs. The Association shall reimburse the City for all costs, including
reasonable engineering, legal, planning and administrative expenses incurred by the City in
connection with all matters relating to the administration and enforcement of the within
permit and the performance thereby by the Association. Such reimbursement shall be made
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within fourteen (14) days of the date of mailing of the City's notice of costs as provided in
Section J above. This reimbursement obligation of the Association under this section shall be
a continuing obligation throughout the term of this permit.
4. Termination of Permit. The City may revoke the permit following a public hearing for
violation of the terms of this permit. The City may institute any proper action or proceeding at
law or at equity to prevent violations of the within property, to restrain or abate violations of the
within permit, or to prevent use or occupancy of the Subject Property.
5. Lapse. If within one year of the issuance of this permit the authorized construction has
not been substantially completed or the use commenced, this permit shall lapse, unless an extension
is granted in accordance with the Chanhassen Zoning Ordinance.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
Dated: October 12, 2009
CITY OF CHANHASSEN
BY:
Tom Furlong, Mayor
(SEAL)
AND:
Todd Gerhardt, City Manager
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this_day of ,200_,
by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council.
NOTARYPUBUC
DRAFTED BY:
City of Chanhassen
P. O. Box 147
7700 Market Boulevard
Chanhassen, MN 55317
(952) 227-1100
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'. ,','
'.
EXBlBIT "A"
TO
ENCROACHMENT AGREEMENT
L~al DescriRtion of BOA Prouertv
That part of Outlot B. LOTUS LAKE ESTATES. Carver County, Minnesota, according to the
recorded plat thereot: which lies southerly of the following descnoed line:
Commencing at 1he most westerly comer of Lot 31, Block. 2, of said Lotus Lake Estates;
thence on an assumed bearing of North 61 degrees East, along the northwesterly line of said
Lot 31, a distance of 145.01 feet to the most northerly comer of said Lot 31, said point being
the point of beginning of the tine to be described; thence North 60 degrees West, 194 feet,
more or less to the shoreline of Lotus Lake, and said line there terminating.
[ABSTR.A.C1' PROPERTY!
144122v02
SRN:rOJI03!2009
6
(Ab8tmct Property)