2 CUP 8901 Lyman Blvd.CITY
STAFF
rEPORT
PC DATE: May 5, 1999
CC DATE: May 24, 1999
CASE #: CUP #99-1
By: Generous:v
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IL.,
PROPOSAL:
LOCATION:
APPLICANT:
Conditional Use Permit Approval to permit a recreational beach lot pursuant to City
Code, Section 20-263 and a 27 foot variance to permit a 52 foot wide dock, a.
variance of one overnight dock slip to permit 4 overnight boat moorings, and a 30
foot variance from the 75 foot setback to permit a gazebo 45 feet from the Ordinary
high water elevation, on approximately 0.7 acres, on property zoned PUD-R, North
Bay Community.
Outlot F, North Bay, 8901 Lyman Boulevard
North Bay Community
c/o Josh Redding
8791 North Bay Drive
Chanhassen, MN 55317
Dick Sager
122 Lakeview Road E.
Chanhassen, MN 55317
PRESENT ZONING:
ACREAGE:
PUD-R, Planned Unit Development Residential
0.7 acres
ADJACENT ZONING
AND LAND USE:
N - PUD-R, Lyman Boulevard and North Bay development
S - Lake Riley
E - R-12, Lakeview Hills Apartment beach lot
W - PUD-R, city park land
WATER AND SEWER: Available to the site.
PHYSICAL CHARACTER.:
The site has a low point which runs east and west through the northern
one-third of the property. A wooded area is located within the middle of
the site. Trees are scattered throughout the southern third of the site
under which is open grassy areas. The Ordinary High Water Elevation
for Lake Riley is 865.3.
2000 LAND USE PLAN: Residential - High Density
Springfield Dr
Lake Riley
Summ
Dr
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North Bay Beach Lot
May 5, 1999
Page 2
PROPOSAL/SUMMARY
The applicant is requesting Conditional Use Permit approval to permit a recreational beach lot
pursuant to City Code, Section 20-263 and a 27 foot variance to permit a 52 foot wide dock, a
variance of one overnight dock slip to permit 4 overnight boat moorings on Outlot F, North Bay,
and a variance of 30 feet from the 75 foot setback for a gazebo to be located 45 feet from the
ordinary high water elevation. The beach lot would include a 20 foot by 100 foot sand beach area, a
fire pit near the shore line, benches and glider swings scattered though the site, picnic tables, grills,
a gazebo, canoe racks with 18 slips, a porta-potty site, a future volleyball area, and future horseshoe
pit, gravel and wood mulch trails, and a dock.
Section 20-263 of the city code provides the standards for review of recreational beach lots. These
standards require a minimum of 200 feet of lake frontage. The development has approximately 217
feet. The minimum lot area required for a beach lot is 30,000 square feet. The North Bay beach lot
is slightly more than 30,000 square feet. The total number of storage racks which could be
permitted for canoes and sailboats is 24. The proposal includes 18. The beach lot may only have
three overnight moorings per dock. The applicant proposes four. A "T" or "L" shaped dock may
be 25 feet in width. The proposal is for 52 feet.
While the beach lot is relatively well thought out and attractive, staff cannot support the requested
variances for the dock width, the additional overnight mooring slip, nor the gazebo setback. This
lot is marginally over the minimum requirement for association beach lots. Were this a single
family lot, the property would only be permitted one dock with a maximum width of 25 feet. A
gazebo could be located just to the south of the existing trees located through the center of the
parcel and still meet the lake setback. There is no compelling reason for the city to grant the
variances from the ordinance.
Staff is recommending denial of the variance requests and approval of the conditional use permit
for a recreational beach lot subject to the conditions of the staff report.
BACKGROUND
On April 14, 1997, the City Council granted final plat approval for North Bay 3rd Addition creating
29 lots and one outlot in the northern portion of the development. There are a total of 76 units in
the development.
On April 22, 1996, the City Council granted final plat approval for North Bay 2nd Addition creating
47 lots and three outlots in the southern portion of the development. Outlot C was dedicated to the
North Bay Beach Lot
May 5, 1999
Page 3
city for park purposes. As a condition of approval, it was noted that no improvements to the beach
lot would be permitted until a conditional use permit was approved by the city.
On October 23, 1995, the City Council granted final plat approval for North Bay creating seven
outlots and the right-of-way for Lyman Boulevard extension and Lakeview Road East on 52.1 acres
and had the second reading of the rezoning of the 24.8 acre parcel from R-12 to PU-R. The city
subsequently purchased Outlot A encompassing the Highway 212 corridor and the severed property
to the north of the right-of-way with Right-of-way Acquisition Loan Fund moneys from the
Metropolitan Council.
On September 11, 1995, the City Council granted preliminary approval of PUD #95-1 for the North
Bay development.
On January 25, 1993, a Non-conforming Use Permit #92-8 was approved for the Lakeview Hills
Homeowners Association granting a conditional use permit for a recreational beach lot permitting
the installation of a gate, prohibiting overnight boat mooring and overnight storage of boats on land
on the beach lot except for storage on canoe racks of 8 - 10 canoes, limiting the dock to 50 feet in
length, and continuing the use of the boat launch.
GRADING AND DRAINAGE
Approximately one-third of the site is proposed to be graded and leveled for a sand beach area,
volleyball court and horseshoe pit. Based on the plans, it appears no material will need to be
imported to or exported from the site except for gravel and mulch for the proposed trail and sand
for the beach area.
The overall drainage pattern will not be affected by the site improvements. No additional
drainage improvements will be necessary.
MISCELLANEOUS
On-street parking is prohibited along Lyman Boulevard. Consideration for parking of equipment
and construction materials during the construction should be discussed with staff to minimize
traffic/parking concerns along Lyman Boulevard. A rock construction entrance will be required
to minimize tracking of materials onto city streets. The city will be investigating the need for a
crosswalk at the intersection of Lyman Boulevard and Lakeview Road East. The plans propose a
short piece of gravel trail between the existing city bituminous trail and Lyman Boulevard which
indicates a potential pedestrian access point to Lyman Boulevard. Staff recommends that this
section of trail be eliminated. Pedestrian movement should be directed to a crosswalk at the
intersection of Lyman Boulevard and Lakeview Road East.
North Bay Beach Lot
May 5, 1999
Page 4
Erosion control fencing is proposed around the grading limits. The applicant will need to escrow
with the city $2,000 to guarantee erosion control measures, site restoration and any damage to
city streets/boulevard as a result of construction activities.
A portable toilet is proposed on the site. Staffhas concerns with access to maintain this facility.
Maintenance of the facility will most likely involve driving over/on the city's trail which may
cause damage to the trail. Provisions to minimize damage to the trail should be explored to
avoid having to drive on the city's trail.
LANDSCAPING
According to submitted plans, it appears only minimal tree removal Will take place for the
construction of the beach lot. All of the existing large oaks are to be preserved as well as much
of the existing undergrowth vegetation. In a conversation with the applicant's landscape
architect, it was noted that no sod will be placed in areas where existing lawn exists. Staff
recommends this fact be clearly noted on the landscape plans by replacing the term "sod limits
(typical)" along the shoreline with the term "existing lawn."
Species selection for proposed plantings is complementary to the site and will enhance the
'natural' feel of the beach lot. Staff is concerned about the use of grading equipment near the
existing trees and recommends that specific access points to the grading areas be designated. The
proposed pathway would be appropriate for this use. Additionally, tree protection fencing should
be installed at the edge of all grading limits.
SHORELAND
Sand Blanket into the Lake
The proposed sand blanket along the shoreline is presumably to provide a swimming area to the
beach lot. However, this proposal shows either a rock wall, or a timber retaining wall between
the sand and the water's edge. There is a natural drop-off of approximately 1.5-2 feet to the
water from the existing shoreline. Staff recommends that the proposed beach area bepulled back
5 feet from the shore edge and a 10 wide access point be created into the lake for swimming
access. This would prevent the unnecessary disturbance of the shoreline and allow the natural
vegetation to prevent against shoreline erosion. This would also help to limit the amount of sand
washed into the lake each season.
City ordinances allow 30% of the shoreline to altered to provide access for swimming beaches, or
30 feet whichever is less. There have been exceptions on beach lots which have multiple users,
such as associations and city parks.
North Bay Beach Lot
May 5, 1999
Page 5
Department of Natural Resource (DNR) standards permit the following alterations with no
permit:
To install a beach sand blanket provided the sand or gravel layer does not exceed six inches
in thickness, 50 feet in width along the shoreline, or one-half of the width of the lot,
whichever is less, and does not extend more than 10 feet waterward of the ordinary high
water mark, provided local watershed district and local zoning officials are given at least
seven days notice by the landowner.
To install riprap shore protection provided the rip rap material consists of natural rock having
an average size of 12 inches or larger in its smallest dimension, and conform with the natural
alignment of the shoreline, with a minimum finished slope no steeper than 3:1,
horizontal:vertical, no materials are placed more than five feet waterward of the ordinary high
water mark, and the material does not obstruct the flow of water.
FINDINGS
Conditional Use Permit
When approving a conditional use permit, the city must determine the capability of a proposed
development with existing and proposed uses. The general issuance standards of the conditional
use Section 20-232, include the following 12 items:
Will not be detrimental to or endanger the public health, safety, comfort, convenience or
general welfare of the neighborhood or the city.
Finding: Approval of the recreational beach lot will not be detrimental to or endanger the
public health, safety, comfort, convenience or general welfare of the neighborhood or the
city. The proposed development will enhance the appearance of the parcel.
2. Will be consistent with the objectives of the city's comprehensive plan and this chapter.
Finding: The proposed recreational beach lot will be consistent with the objectives of the
city's comprehensive plan and this chapter.
o
Will be designed, constructed, operated and maintained so to be compatible in appearance
with the existing or intended character of the general vicinity and will not change the
essential character of that area.
Finding: The proposed development will enhance the appearance of the parcel.
North Bay Beach Lot
May 5, 1999
Page 6
4. Will not be hazardous or disturbing to existing or planned neighboring uses.
o
o
o
Finding: The proposed development will enhance the appearance of the parcel and will not
be hazardous or disturbing to existing or planned neighboring uses.
o
Will be served adequately by essential public facilities and services, including streets, police
and fire protection, drainage structures, refuse disposal, water and sewer systems and
schools; or will be served adequately by such facilities and services provided by the persons
or agencies responsible for the establishment of the proposed use.
Finding: The proposed beach lot will be served adequately by public services.
Will not create excessive requirements for public facilities and services and will not be
detrimental to the economic welfare of the community.
Finding: The proposed beach lot will not create excessive requirements for public facilities
and services.
Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare because of
excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash.
Finding: The proposed recreational beach lot will not involve uses, activities, processes,
materials, equipment and conditions of operation that will be detrimental to any persons,
property or the general welfare because of excessive production of traffic, noise, smoke,
fumes, glare, odors, rodents, or trash. The proposed development will enhance the
appearance of the parcel.
Will have vehicular approaches to the property which do not create traffic congestion or
interfere with traffic or surrounding public thoroughfares.
Finding: The proposed recreational beach lot will be provided with pedestrian access only.
Will not result in the destruction, loss or damage of solar access, natural, scenic or historic
features of major significance.
Finding: The proposed recreational beach lot will not result in the destruction, loss or
damage of solar access, natural, scenic or historic features of major significance.
10. Will be aesthetically compatible with the area.
12.
Finding:
VARIANCE
North Bay Beach Lot
May 5, 1999
Page 7
Finding: The proposed development will enhance the appearance of the parcel.
11. Will not depreciate surrounding property values.
Finding: The proposed development will enhance the appearance of the parcel and should,
therefore, improve the surrounding property values.
Will meet standards prescribed for certain uses as provided in this article.
The proposed development will meet the standards prescribed by city ordinance.
o
o
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.
The property can be put to a reasonable use without the variance. The applicant is requesting
approval to go beyond the standards established by city code.
That the conditions upon which a petition for a variance is based are not applicable,
generally, to other property within the same zoning classification.
Other multi-family properties are confined to the requirements of the code. The beach lot to
the east serves 170 units, yet does not provide any overnight moorings.
That the purpose of the variation is not based upon a desire to increase the value or income
potential of the parcel of land.
The proposed variances attempt to maximize the use of the parcel as a beach lot.
4. That the alleged difficulty or hardship is not a self-created hardship.
The hardship is due to the proposed site design of the beach lot. The beach lot can conform
with the recreational beach lot standards and adequately provide for the use and enjoyment of
the property.
North Bay Beach Lot
May 5, 1999
Page 8
5. That the granting of the variance will not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel of land is located.
The proposed variances could negatively impact the lake shore due to the proposed dock and
gazebo placement on the lake side of the beach lot. A 52 foot wide dock is over twice as
wide as other docks that may be installed around the lake.
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.
· The proposed variations will not diminish public safety. However, the perception on
surrounding properties may be impacted.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motions:
Variance
"The Planning Commission recommends denial of the variance to permit a 52 foot wide dock, to
allow four overnight boat mooring slips, and to permit a gazebo approximately 45 feet from the
OHW based on the findings established above."
Conditional Use Permit
"The Planning Commission recommends approval of Conditional Use Permit//99-1 for a
recreational beach lot located at 8901 Lyman Boulevard, Outlot F, North Bay, also known as Lot 1,
Block 1, North Bay 4th Addition, for the North Bay Community subject to the following conditions:
1. Must comply with section 20-263 of the Chanhassen Zoning Ordinance.
2. Must comply with the site and landscape plan, and grading and drainage plan prepared by
Pioneer Engineering dated 3/30/99.
3. The dock shall not be constructed as shown on the site plan, but must be a maximum of 25 feet
wide.
4. The gazebo shall not be located as shown on the site plan, but must maintain a 75 foot.setback
from the ordinary high water elevation (865.3) and a 30 foot setback from Lyman Boulevard.
North Bay Beach Lot
May 5, 1999
Page 9
5. Structures must maintain a minimum 10 foot setback from the side property lines.
6. The dock may only be extended out to a point where the lake reaches four feet in depth or fifty
feet, whichever is greater. The applicant shall submit the lake depths in the vicinity of the
beach lot to the city prior to the installation of the dock.
7. Timbers or retaining walls shall not be permitted to the lake side of the sand beach area.
8. The fire pit must be a minimum of 10 feet from the ordinary high water elevation.
9. The applicant shall provide the city with a financial security in the form of a letter of credit or
cash escrow in the amount of $2,000 to guarantee erosion control measures, site restoration
and repair of city streets/boulevards as a result of construction activities.
10. The proposed section of Class V gravel trail between Lyman Boulevard and the city trail shall
be deleted. The cty will prepare an engineering study for installation of a crosswalk at the
intersection of Lyman Boulevard and Lakeview Road East.
11. A rock construction entrance shall be installed and maintained at a construction access point
from Lyman Boulevard. Staff shall review and approve all construction access locations
prior to construction commencing.
12. After construction of the site improvements, driving on the city's trail along Lyman
Boulevard shall be prohibited.
13. Tree protection fencing shall be installed at the edge of all (volleyball, horseshoe pit,
shoreslip areas, beach, etc.) grading limits.
14. All pruning to existing trees must be done by a certified arborist.
15. Any existing trees removed in excess of approved plan will be replaced on site at a rate of 2:1
diameter inches.
16. Landscape plan shall be revised to clarify existing lawn areas. The term 'sod limits' in the
shoreline areas shall be replaced by the term 'existing lawn'.
17. Grading equipment access to shoreslip and beach areas shall be limited to proposed pathway.
No equipment shall be stored within or allowed access through existing treed areas.
North Bay Beach Lot
May 5, 1999
Page 10
18. The proposed beach area shall be pulled back 5 feet from the shore edge and a 10 wide access
point be created into the lake for swimming access or provide a sand blanket slope as
specified by the no permit standards of the DNR."
ATTACHMENTS
1. Development Review Application
2. Memo from the North Bay Community to the Planning Commission dated 3/1/99
3. Reduced copy of the site and landscape plan
4. Public Hearing Notice and Mailing List.
g:\plan\bg\north bay beach lot.doc
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937-1900
DEVELOPMENT REVIEW APPLICATION
.APPLICANT: Z,/'O--'~','z/'~",,~
ADDRESS: ~;~,/~',5~
~ELEPHONE (Day time) ~-
.. Compreher~sive Plan Amendment
Temporary Sales Permit
Conditional Use Permit
Interim Use Permit
Non-conforming Use Permit
,PJanned Unit Development*
__ Rezoning
Vacation of ROW/Easements
.'~Variance
Wetland Alteration Permit
Zoning Appeal
Zoning Ordinance Amendment
Sign Permits
Sign Plan Review
Site Plan Review*
Subdivision*
Notification Sign
X
Escrow for Filing Fees/Attorney Cost**
($50 CUPISPPJVACNAR/W AP/Metes
and Bounds, $400 Minor SUB)
TOTAL FEE $
A list of ali property owners within 500 feet of the boundaries of the property must be included with the
ap,Dlication.
i3u~]ding material samples must be submitted with site plan reviews.
"Twenty-six full size folded copies of the plans must be submitted, including an 81/2'' X 11" reduced copy of
transparency for each plan sheet.
'* Escrow will be required for other applications through the development contract
~O'TE - When multiple applications are processed, the appropriate fee shall be charged for each application.
NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application.
LEGN_DESCRIPTION .~"~/~'.<5- ~.4'~" ~?--~'~,7-' ",~'""
.PAES£NT ZONING ~-~'-- ~"'o ~
REQUESTED ZONING .,~:>.<<'z~~/~'""'~-~
~RESENT ~ USE DESIGNATION
~EQUESTED ~ND USE DESIGNATION ~~~~~ ·
REASON FOR THIS REQUEST ~p
This application must be ~mpleted in full and be ~pewd~en or clearly pri~e~ ~nd ~ ~ a~mpanied by all i~o~ation
and plans required by applicable C~ Ordinance provisions. Before filing this appli~ion, you s~uld. ~er wEh the
Planning Depa~ment to determine the spec~ic ordinance and pm~dural requireme~ ~plic~le to ~ur ~plication.
This is to ce~ffy that I am making application for the des~ibed a~ion by the C~ and that I am res~nsible fo~ ~lying
~h all Ci~ requirements w~h regard to this request. This appli~tion s~uld be pr~essed in my name and i am the pa~y
whom the City should conta~ regarding any ma~er pe~aining to this ~l~tion. I have ~ached a ~py of proof of
ownership (e~her copy of Owner's Duplicate Ce~icate of T~le, ~stra~ of T~le or ~mhase agree~nt), or I am the
authored person to make this appli~tion a~ the fee owner has also s~ned this ~l~tion.
] ~ll keep myself info.ed of the deadlines for submission of matedal a~ the progress of this ~plication. ! ~her
understand that additional fees may be charged for ~nsuEing fees, feasibil~y ~udies, etc. w~h an estimate prior to any
authorization to proceed w~h the study. The ~cume~s and i~o~ation I ~ve subm~ed are tree and ~e~ to the best
of mX ~owledge.
,Si.qnature o~ Fee Owner
! also understand that after the approval or granting of the permit, such permits shall be invalid unless they are recorded
against the title to the property for which the approval/permit is granted within 120 days with the Carver County Recorders
Office and the original document returned to City Hall Records.
Date
Date
Application Received on
Fee Paid Receipt No.
"The applicant should contact staff for a copy of the staff report which will be avallable on Friday prior to the
~ee.tJn.g. Jf not contacted, a copy of the report wJJJ be mailed to the applicant's address.
NORTH BAY
Memo
To:
CC:
Date:
Re:
Planning Commission/City Council
North Bay Community
03/01/99
Lakeshore Development
The homeowners of the North Bay neighborhood propose the development of their
lakeshore lot for recreational use. The objective of this development is to enhance
the appearance and recreational use of the lot for pdvate use only. North Bay
residence intends to utilize this space seasonally for water recreation, beach
activities, picnics, fishing, and relaxation. The lot will initially include a dock, beach,
picnic table, grill, additional vegetation, and most importantly a thorough clean-up to
include preservation and maintenance of existing vegetation. Eventually as indicated
in the Master Plan, North Bay will add a gazebo, boat rack, porta-potty, and
additional vegetation for appearance enhancement and pdvacy. We look forward to
working with the City of Chanhassen and other Riley Lake homeowners to improve
the value and appearance of our community.
· Page 1
PROPOSAL:
NOTICE OF PUBLIC HEARING
PLANNING COMMISSION MEETING
WEDNESDAY, MAY $, 1999 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
690 CITY CENTER DRIVE
Request for Conditional Use
Permit for a Recreational
Beachlot
APPLICANT: North Bay Community
LOCATION: Outlot F, North Bay
NOTICE: You are invited to attend a public hearing about a proposal in your area. The
applicant, North Bay Community requesting conditional use permit approval to allow a recreational
beach lot pursuant to City Code, Section 20-263 and a 27 foot variance to permit a 52 foot wide dock
and a variance of one overnight dock slip to permit 4 overnight boat moorings on Outlot F, North Bay,
on approximately 0.7 acres, on property zoned PUD-R.
What Happens at the Meeting: The purpose of this public hearing is to inform you about the
developer's request and to obtain input from the neighborhood about this project. During the
meeting, the Commission Chair will lead the public hearing through the following steps:
1. Staff will give an overview of the proposed project.
2. The Developer will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses project. The commission will then
make a recommendation to the City Council.
Questions and Comments: If you want to see the plans before the meeting, please stop by City
Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to
someone about this project, please contact Bob at 937-1900 ext. 141. If you choose to
submit written comments, it is helpful to have one copy to the department in advance of the meeting.
Staff will provide copies to the Commission.
Notice of this public hearing has been published in the Chanhassen Villager on April 22, 1999.
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