3. Staff Report Reformatting
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952,227.1190 .
Engineering
Phone: 952.227,1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227,1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227,1404
Planning &
Natural Resources
Phone: 952,227,1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952,227.1310
Senior Center
Phone: 952,227,1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
w
MEMORANDUM
TO:
Planning Commission
FROM:
Bob Generous, Senior Planner
DATE:
April 20, 2010
6'f;&'
Staff Report Format Change
SUBJ:
Staff has revised a previously reviewed report to sho'w how it could be
reformatted. Our intent is to make the motion easier for Planning Commission
and City Council. Note the motion could be modified to incorporate changes to
conditions by simply adding a statement such as "as modified by Planning
Commission discussion" or stating additional language.
Please provide staff with direction on this potential change. Also provide staff
with comments or concerns about any other changes which should be made to the
report format.
ATTACHMENTS
1. Staff Report Planning Case #09-16.
2. Staff Report Sample Planning Case #09-16.
g:\plan\planning commission\staff reprot format change memo 4-20-1O.doc
Chanhassen is a Community for life - Providing for Today and Planning for Tomorrow
CC DATE: 10/12/09
IT]
PC DATE: 10/6/09
CITY OF CHANHASSEN
REVIEW DEADLINE: 11/3/09
CASE #: 09-16
BY: AK, TJ
PROPOSED MOTION:
"The Chanhassen Planning Commission recommends that the City Council approve the amended and
restated Conditional Use Permit 79-6 for the Lotus Lake Estates Beachlot property located on Outlot
B, Lotus Lake Estates, Planning Case #09-16, subject to conditions and adoption of the Findings of
Fact and Recommendation as specified on page 5 of the staff report."
PROPOSAL: The applicant is requesting an amendment to Conditional Use Permit 79-6,
Lotus Lake Estates Beachlot, to eliminate the expiration date and amend the
language pertaining to the fire pit.
LOCATION: Outlot B, Lotus Lake Estates
APPLICANT: Lotus Lake Estates Homeowners Association
P.O. Box 63
Chanhassen, MN 55317
PRESENT ZONING: Single-Family Residential (RSF)
2030 LAND USE PLAN: Parks Open Space
ACREAGE: 1.82 DENSITY: N/A
LEVEL OF CITY DISCRETION IN DECISION MAKING:
The City has limited discretion in approving or denying conditional use permits, based on
whether or not the proposal meets the conditional use permit standards outlined in the Zoning
Ordinance. If the City finds that all the applicable conditional use permit standards are met, the
permit must be approved. This is a quasi-judicial decision.
PROPOSAL/SUMMARY
Outlot B is part of the Lotus Lake Estates development and has approval for a beachlot via
Conditional Use Permit (CUP) 79-6 for sole use by the Lotus Lake Estates Homeowners
Association.
The Lotus Lake Estates Homeowners Association is proposing to amend the existing Conditional
Use Permit and remove the July 21,2010 expiration date. A Conditional Use Permit runs with
the land and does not expire, unless the conditions of the CUP are not met and the City holds a
public hearing revoking the CUP. Therefore, the expiration date listed in the CUP is
Lotus Lake Estates Beachlot CUP
October 6,2009
Page 2 of 5
unenforceable; however, staff and the applicant feel it is in the Association's best interest to
remove the expiration date from the CUP to clear up any misunderstanding.
In reviewing the existing CUP, staff and the applicant noted the approved location of the fire pit
within the site. The location is not feasible due to the topography of the site. Therefore, the
applicant is also requesting an amendment to the language pertaining to the location of the fire
pit.
The subject site is zoned Single-Family Residential (RSF) and is part of the Lotus Lake Estates
development. Lotus Lake is located to west, the Lotus Lake Estates single-family residential lots
are located to the east and permanent open space is located both to the north and south of Outlot B.
The beachlot complies with all requirements of the City Code and staff is recommending approval
of the conditional use permit amendment to eliminate the expiration date and revise the permitted
location of the fire pit.
APPLICABLE REGUA TIONS
Chapter 20, Article IV, Conditional Use Permits.
Chapter 20, Article IV, Division 3, Section 20-266 Recreational Beachlots.
Lotus Lake Estates Beachlot CUP
October 6, 2009
Page 3 of 5
BACKGROUND
Lotus Lake Estates is comprised of 44 single-family residential lots and 3 Outlots. The
development is located on the east side of Lotus Lake and was platted in 1979. At the time of
platting, Outlot B was designated as a beachlot for the benefit of the Lotus Lake Estates
Homeowners Association and was approved with Conditional Use Permit 79-6 for such use.
The subject site is part of the Lotus
Lake Estates Development, which is a
riparian outlot for the exclusive use
by the Lotus Lake Estates
Homeowners Association.
</,"
Garbage and Recycle
Collection
The Homeowners Association was
granted approval of several
amendments to conduct further
development of Outlot B:
. March 10, 1981
. April 22, 1982
. July 18, 1984
. August 8, 1984
. November 19,1984
. July 7, 1986
Canoe Rack..
The amendments include installation
of a sand blanket swim area, a
pedestrian walkway, four boat racks,
three docks, a lO-foot by lO-foot
swimming raft, a fire pit, and four
sailboat moorings.
sailboat Racks,~'.""",,~,
ANALYSIS
Fire Pit
The Lotus Lake Homeowners ,.i1bo.' moo'~n.
Association is very active in
maintaining the beachlot and complying with the outlined conditions of the CUP. The Association
has been working with staff to install additional plantings to eliminate erosion along the slope and
restore areas ofbuckthom removal (depicted with X's on schematic above). The HOA has clearly
acted in a manner consistent with the intent of the original CUP and in a manner displaying good
stewardship of Lotus Lake.
Lotus Lake Estates Beachlot CUP
October 6, 2009
Page 4 of 5
Compliance Table:
Ordinance Existine
Lake Frontage 200' 1,058'
Site area 30,000 sq ft for first dock, 100,188 sq ft
20,000 sq ft for each additional dock
Camping Not permitted Not permitted
Boat Launch Not permitted Not permitted
Overnight Mooring :::; 3 motor or non-motorized water craft Not more than nine (9) boats,
motorized or non-motorized, may be
docked overnight at the docks
Docks (number) Max 3 docks 3 docks
200' of shoreline/dock
Dock size . shall not exceed 6 feet in width shall not to exceed the greater of fifty
. shall not exceed the greater of 50 feet or (50) feet in length or that number of
the minimum straight-line distance lineal feet necessary to reach a water
necessary to reach a water depth of four depth of four (4) feet;
feet
. The width (but not the length) of the At the option of the Association, the
cross-bar of any "T" or "L" shaped dock final ten (10) feet of any dock may
shall be included in the computation of consist of a ten-foot by ten-foot (10' x
length described in the preceding 10') square platform
sentence. The crossbar of any such dock
shall not measure in excess of 25 feet in
length
Sailboat Mooring No sailboat mooring shall be permitted on 4 approved amended and restated
any recreational beachlot unless it has at CUP 1986
least 200 feet of lake frontage. No more than
one sailboat mooring shall be allowed for
every 200 feet of lake frontage.
Canoe/Kayak/Sailboat 4 racks with no more than 6 storage units 4 racks with 6 storage units
Rack per rack
Swimming Area swimming areas are clearly delineated with One sand blanket swim area marked
marker buoys which conform to the United with a minimum of three anchored
States Coast Guard standards "swim area" buoys that are in
accordance with the Uniform
Waterway marking System
Sand Blanket Yes Yes
When the Conditional Use Permit was originally approved, there was an expiration date of July 21,
2010 listed. Conditional Use Permits (CUP) run with the land and are an indefinite permit until
revocation is requested by either the property owner or by the City. Therefore, staff is
recommending removal of the expiration date listed in the CUP.
The CUP permits "one conversation pit-fire hole, three (3) feet in diameter with a six-foot (6')
apron constructed of brick or masonry material, to be located landward of the walkway and not
further north than the northerly line of Lot 32, Block 1, Lotus Lake Estates, extended
northwesterly."
Lotus Lake Estates Beachlot CUP
October 6, 2009
Page 5 of 5
It is not possible to
locate the fire pit
landward of the
walkway due to the
sloping topography of
the site at the east edge
of the walkway, as well
as the heavy vegetation.
There is not an area
landward of the path that
would accommodate the
fire pit described in the
CUP.
The Association has
installed a 4' x 4' (16
square foot) masonry
fire pit located on the
northern edge of the
sand blanket.
Staff is proposing to amend the permitted dimensions of the fire pit to 4' x 4' (16 square feet) and
amend the location of the fire pit to the northern edge of the sand blanket.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion:
"The Chanhassen Planning Commission recommends the City Council approve the amended and
restated Conditional Use Permit 79-6 for the Lotus Lake Estates Beachlot property located on
Outlot B, Lotus Lake Estates, Planning Case #09-16, subject to the following condition and
adoption of the Findings of Fact and Recommendation:
1. Outlot B must comply with conditions of the Amended and Restated CUP 79-6."
ATTACHMENTS
1. Findings of Fact and Recommendation.
2. Development Review Application.
3. Exhibit A--Site layout.
4. Public Hearing Notice and Affidavit of Mailing List.
5. Amended and Restated CUP 79-6.
g:\plan\2009 planning cases\09-16Iotus lake estates cup\staff report lotus lake estates beachlot.doc
CC DATE: 10/12/09
[2J
PC DATE: 10/6/09
CITY OF CHANHASSEN
REVIEW DEADLINE: 11/3/09
CASE #: 09-16
BY: AK, TJ
PROPOSED MOTION:
"The Chanhassen Planning Commission recommends approval of the project as specified on page 5
of the staff report."
PROPOSAL: The applicant is requesting an amendment to Conditional Use Permit 79-6,
Lotus Lake Estates Beachlot, to eliminate the expiration date and amend the
language pertaining to the fire pit.
LOCATION: Outlot B, Lotus Lake Estates
APPLICANT: Lotus Lake Estates Homeowners Association
P.O. Box 63
Chanhassen, MN 55317
PRESENT ZONING: Single-Family Residential (RSF)
2030 LAND USE PLAN: Parks Open Space
ACREAGE: 1.82 DENSITY: N/A
LEVEL OF CITY DISCRETION IN DECISION MAKING:
The City has limited discretion in approving or denying conditional use permits, based on
whether or not the proposal meets the conditional use permit standards outlined in the Zoning
Ordinance. If the City finds that all the applicable conditional use permit standards are met, the
permit must be approved. This is a quasi-judicial decision.
PROPOSAL/SUMMARY
Outlot B is part of the Lotus Lake Estates development and has approval for a beachlot via
Conditional Use Permit (CUP) 79-6 for sole use by the Lotus Lake Estates Homeowners
Association.
The Lotus Lake Estates Homeowners Association is proposing to amend the existing Conditional
Use Permit and remove the July 21, 2010 expiration date. A Conditional Use Permit runs with
the land and does not expire, unless the conditions of the CUP are not met and the City holds a
public hearing revoking the CUP. Therefore, the expiration date listed in the CUP is
unenforceable; however, staff and the applicant feel it is in the Association's best interest to
remove the expiration date from the CUP to clear up any misunderstanding.
Lotus Lake Estates Beachlot CUP
October 6, 2009
Page 2 of 5
In reviewing the existing CUP, staff and the applicant noted the approved location of the fire pit
within the site. The location is not feasible due to the topography of the site. Therefore, the
applicant is also requesting an amendment to the language pertaining to the location of the fire
pit.
tial (RSF) and is part of the Lotus Lake Estates
e Lotus Lake Estates single-family residential lots
pace is located both to the north and south of Outlot B.
quirements of the City Code and staff is recommending approval
dment to eliminate the expiration date and revise the permitted
APPLICABLE
Chapter 20, Article IV, Conditional Use Permits.
Chapter 20, Article IV, Division 3, Section 20-266 Recreational Beachlots.
BACKGROUND
Lotus Lake Estates is comprised of 44 single-family residential lots and 3 Outlots. The
development is located on the east side of Lotus Lake and was platted in 1979. At the time of
platting, Outlot B was designated as a beachlot for the benefit of the Lotus Lake Estates
Homeowners Association and was approved with Conditional Use Permit 79-6 for such use.
Lotus Lake Estates Beachlot CUP
October 6, 2009
Page 3 of 5
The Homeowners Association was
granted approval of several
amendments to conduct further
development of Outlot B:
. March 10, 1981
. April 22, 1982
. July 18, 1984
. August 8, 1984
. November 19, 1984
. July?,1986
The amendments include installation
of a sand blanket swim area, a
pedestrian walkway, four boat racks,
three docks, a lO-foot by lO-foot
swimming raft, a fire pit, and four
sailboat moorings.
ANALYSIS
The subject site is part of t
Lake Estates Development,
riparian outlot for the exclusiv
by the Lotus Lake tes
Homeowners Ass
The Lotu
Assoc.
maint
has be
restore
acted in a manner cons
stewardship of Lotus L
EXHIBI.T A
lO1US
srrE PiAN
Canoe Rack -.-....
sailboat Racks-- ~
Fire pit
p ym th the outlined conditions of the CUP. The Association
stall additional plantings to eliminate erosion along the slope and
al (depicted with X's on schematic above). The HOA has clearly
the intent of the original CUP and in a manner displaying good
Lotus Lake Estates Beachlot CUP
October 6, 2009
Page 4 of 5
Compliance Table:
Lake Frontage
Site area
Cam ing
Boat Launch
Overnight Mooring
Docks (number)
Dock size
Sailboat Mooring
Canoe/Kayak/Sailbo
Rack
Swimming Area
Ordinance
200'
30,000 sq ft for first dock,
20,000 s ft for each additional dock
Not permitted
Not permitted
.$ 3 motor or non-motorized water craft
Existin
1,058'
100,188 sq ft
Not permitted
Not permitted
Not more than nine (9) boats,
mot d or non-motorized, may be
d overni ht at the docks
ociation, the
o ny dock may
ot by ten-foot (10' x
form
4 approved amended and restated
CUP 1986
4 racks with 6 storage units
One sand blanket swim area marked
with a minimum of three anchored
"swim area" buoys that are in
accordance with the Uniform
Waterway marking System
Yes
When the Conditional U rmit was originally approved, there was an expiration date of July 21,
2010 listed. Condit" e Permits (CUP) run with the land and are an indefinite permit until
revocation is request either the property owner or by the City. Therefore, staff is
recommending removal of the expiration date listed in the CUP.
The CUP permits "one conversation pit-fire hole, three (3) feet in diameter with a six-foot (6')
apron constructed of brick or masonry material, to be located landward of the walkway and not
further north than the northerly line of Lot 32, Block 1, Lotus Lake Estates, extended
northwesterly."
Lotus Lake Estates Beachlot CUP
October 6, 2009
Page 5 of 5
It is not possible to
locate the fire pit
landward ofthe
walkway due to the
sloping topography of
the site at the east edge
of the walkway, as well
as the heavy vegetation.
There is not an area
landward of the path that
would accommodate the
fire pit described in the
CUP.
The Association has
installed a 4' x 4' (16
square foot) masonry
fire pit located on the
northern edge of the
sand blanket.
Staff is proposing to amend
amend the location of the ft
it to 4' x 4' (16 square feet) and
blanket.
ed an restated Conditional Use Permit 79-6 for the
n Outlot B, Lotus Lake Estates, Planning Case #09-
tion of the Findings of Fact and Recommendation:
conditions of the Amended and Restated CUP 79-6."
1. Findings of Fact a
2. Development Application.
3. Exhibit A--Site layout.
4. Public Hearing Notice and Affidavit of Mailing List.
5. Amended and Restated CUP 79-6.
g:\plan\planning commission\staff report reformat sample.doc