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Lake Lucy Ridge HOA Conditional Use Permit Application 23 Lake Lucy Ridge HOA Dock Project January 20, 2017 Applicant: Lake Lucy Ridge Home Owners Association Parcel ID: 254160190 Contact: Greg McGuirk, HOA President 1770 Lucy Ridge Ct, Chanhassen, MN Phone: 773-490-1852 Email: gomcguirk@gmail.com Project Description: The homeowners that make up Lake Lucy Ridge HOA have unanimously voted to pursue an application for a conditional use permit with the ultimate intention of gaining approval to install a seasonal dock on Lake Lucy for the enjoyment of all our Association residents. The intent is to install a dock on the southern end of the HOA property as shown in the attached site map. The dock will need to be approximately 160’ long to extend through the delineated wetland and cattails. The water depth at the end of the dock, as shown on the site map, is approximately 3’ (see pictures on page 7). The end of the dock will have a 25’ tee with 3 canoe racks mounted to the vertical supports (see pictures on page 6). Each rack holds two canoes. There will be no powered watercraft. Aware of the surrounding current and future developments in the surrounding area, the ability to restrict non-resident access to the dock, as well as ensuring safety, has been top of mind. The plan includes the installation of a security gate (drawing attached) at an appropriate location (see map) that would prevent easily bypassing the gate. A no trespassing sign (see page 5) or similar would be attached to the security gate. Installing the boat racks behind the security gate will also help prevent damage to or vandalism to resident’s watercraft. Our intent is to purchase the dock from Great Outdoors Services, LLC who will install the dock. It is our understanding that they are an experienced and professional installer well aware and conscious of the environmental impact of the installation. While the legs of the dock will penetrate the cattails, we have chosen the shortest possible path through them. Also, there is currently a 3’ wide path worn through the cattails that has been used over the years to access the lake since there is no dock or other means for homeowners to access the lake. This path should heal once the dock is installed, thus leaving the cattails healthier than prior to this project. The Association and Great Outdoors Services are both aware that motorized vehicles are not permitted on the walking path and will develop an alternative plan to transport the dock sections and other construction materials to the site. Likely this will mean hand carrying or manually carting the materials. Other than the dock, there will be no other structures or services as part of this project. There is not currently, nor will there be, vehicular access to the dock or any kind of motorized boat launch. 4 Site Map 5 Security Gate 6 7 8 Sec. 20-266. - 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 neighboring uses of lakeshore or the use of other lakeshore on the same lake or the lake itself. Further, beach lots 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 recreational beach lots, in addition to such other conditions t hat may be prescribed in the permit: (1) Recreational beach lots shall have at least 200 feet of lake frontage. YES (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 beach lot. For the purpose of this section, a gazebo shall be defined as, "a freestanding roofed structure which is open on all sides." NO STRUCTURES PLANNED (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. NONE (4) No recreational beach lot shall be used for overnight c amping. NONE (5) Boat launches are prohibited. NO LAUNCHES PLANNED (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. If a recreational beac h lot is allowed more than one dock; however, the allowed number of boats may be clustered. Up to three sailboat moorings shall also be allowed. Nonmotorized watercraft such as canoes, windsurfers, sailboards and small sailboats may be stored overnight on any recreational beach lot if they are stored on racks specifically designed for that purpose. No more than six watercraft may be stored on a rack. The number of racks shall not exceed the amount of storage necessary to permit one rack slip per lot served by the beach lot; however, in no case shall there be more than four racks per beach lot. Docking of other watercraft or seaplanes is permissible at any time other than overnight. ONLY NON-MOTORIZED BOATS (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: ONLY 1 DOCK 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. (8) No recreational beach lot dock shall exceed six feet in width, and no such dock shall exceed the greater of 50 feet or the minimum straight-line distance necessary to reach a water depth of four 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 described in the preceding sentence. The cross -bar of any such dock shall not measure in excess of 25 feet in length. CROSS BAR IS 25’ (9) No dock shall encroach upon any dock set-back zone, provided, however, that the owner of any two abutting lakeshore sites may erect one common dock within the dock setback zone appurtenant to the abutting lakeshore sites, if the common dock is the only dock on the two lakeshore sites and if the dock otherwise conforms with the provisions of this chapter. LOCATION OF DOCK WILL BE MORE THAN 15’ OUTSIDE OF SET BACK ZONE (10) No sail boat mooring shall be permitted on any recreational beach lot unless it has at least 200 feet of lake frontage. No more than one sailboat mooring shall be allowed for every 200 feet of lake frontage. NO MOORING PLANNED (11) For purposes of this subsection, 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 comprehensive plan. 9 a. Urban recreational beach lot: At least 80 percent of the dwelling units, which have appurtenant rights of access to any recreational beach lot, shall be located within 1,000 feet of the recreational beach lot. b. Rural recreational beach lot: A maximum of 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 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. NO SWIMMING AREA PLANNED (13) All recreational beach lots shall have a buffer sufficient to insulate oth er property owners from beach lot activities. This buffer may consist of topography, streets, vegetation, 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 beach lot activities including, but not limited to: OK a. Increased side or front yard setbacks for beach areas, docks, racks or other allowed 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 intens ity of the use proposed or the number of dwellings having rights of access. (14) To the extent feasible, the city may impose such conditions even after approval of the beach lot if the city finds it necessary. (15) 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. OK (16) The placement of docks, buoys, diving ramps, boat racks, and other structures shall be indicated on a site plan approved by the city council. ATTACHED (17) Portable chemical toilets may be allowed as a condition of approval of a recreational beach lot. The maintenance and use of chemical toilets on some beach lots may be unsuitable because they cannot be adequately screened from residential neighbors or lake users. Any use of chemical toilets on recreation beach lots shall be subject to the following: NA a. The minimum setback from the ordinary high water mark shall be 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. 10 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 information: 1. Name, address, and phone number of applicants. ATTACHED 2. Site plan showing proposed location of chemical toilets. NA 3. Name, address, and phone number of chemical toilet supplier. NA 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. NA 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. NA (18) No watercraft or boat lift shall be kept, moored, docked, or stored in the dock setback zone. NONE (19) Gazebos may be permitted on recreational beach lots subject to city council approval and the following standards: NONE a. Minimum setback from the ordinary high water mark shall be 75 feet. b. No gazebo shall be closer to any lot line than the minimum required yard setback for the zoning district in which the structure is located. c. Maximum size of the structure shall not exceed 250 square feet. d. Maximum height shall not exceed 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 beach lot association. g. The following improvements are prohibited in gazebos; screening used to completely enclose a wall, water and sewer service, fireplaces, and electricity. (Ord. No. 377, § 26, 5-24-04) 11 Sec. 20-109. - Applications. Application for a site plan review shall be made to the city planner on forms provided by the city and shall be filed 30 days in advance of the planning commission meeting, at which it is to be considered. Prior to filing an application for site plan review, the applicant shall attend a conference with city staff. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance on the general merits of the proposal and its conformity to the provisions of the comprehensive plan and the City Code before incurring substantial expense. Incomplete or deficient applications shall not be scheduled for a meeting unless the community development director has determined that official action is warranted. The application shall also include: (1) Evidence of ownership or an interest in the property; COMMPLETE (2) The application fee; COMMPLETE (3) Complete site plans, signed by a registered architect, civil engineer, landscape architect or other design professional, to include the following. BASIC SITE PLAN ATTACHED (4) General: a. Name of project. b. Name, address and telephone number of applicant, engineer, and owner of record. c. Legal description (certificate of survey will be required). d. Date proposed, north arrow, engineering scale, number of sheets, name of drawer. e. Vicinity map showing relationship of the proposed development to surrounding streets, rights-of-way, easements and natural features. f. Description of intended use of the site, buildings and structures, including type of occupancy and estimated occupancy load. g. Existing zoning and land use. h. Tabulation box indicating: NA 1. Size of parcel in acres and square feet. 2. Gross floor area of each building. 3. Percent of site covered by building. 4. Percent of site covered by impervious surface. 5. Percent of site covered by parking area. 6. Projected number of employees. 7. Number of seats if intended use is a restaurant or place of assembly. 8. Number of parking spaces required. 9. Number of parking spaces provided including handicapped. 10. Height of all buildings and structures and number of stories. 11. Breakdown of the building area allocated for specific uses, e.g., manufacturing, office, retail, showroom, warehouse, etc. (5) Site and building plan: NA a. Property line dimensions, location of all existing and proposed structures with distance from boundaries, distance between structures, building dimensions and floor elevations. 12 b. Grading and drainage plans showing existing natural features (topography, wetlands, vegetation, etc.), as well as proposed grade elevations and sedimentation and stormwater retention ponds. Plans shall include runoff and storage calculations for ten -year and 100- year events. If stormwater is proposed to be routed to existing stormwater ponds, documentation shall be provided to demonstrate that the downstream pond is sufficient to accommodate the additional stormwater. c. All existing and proposed points of egress/ingress showing widths at property lines, turning radii abutting rights-of-way with indicated centerline, width, paving width, existing and proposed median cuts, and intersections of streets and driveways. d. Vehicular circulation system showing location and dimension for all driveways, parking spaces, parking lot aisles, service roads, loading areas, fire lanes, emergency access (if necessary), public and private streets, alleys, sidewalks, bike paths, direction of traffic flow and traffic-control devices. e. Landscaping plan in accordance with the provisio ns of article XXV. f. Location, access and screening detail of trash enclosures. g. Location and screening detail of rooftop equipment. Screening shall be provided from the perspective of a point six feet high at all adjacent property lines or from a dista nce of 250 feet, whichever is greater. h. Location and detail of signage including method of lighting, height, width, sign display area, etc. i. Lighting location, style, mounting and photometrics. j. Building elevations from all directions indicating materials and colors. Interior floor plans may be required. k. Utility plan identifying size and direction of existing water and sewer lines, fire hydrants, distance of hydrant to proposed building. l. List of proposed hazardous materials, use and storage. m. Proposed fire protection system. n. Such other information as may be required by the city. o. Photocomposite images, artistic renderings, or site elevations which depict the visual impact of the proposed development's design, landscaping, street layout, signage, pedestrian ways, lighting, buildings, or other details that affect land use within the city shall be submitted. Such images and renderings shall be from key vantage points and provide an undistorted perspective of the proposed development from abutting properties, less intensive land uses, and/or from entryway locations. Photorealistic imaging or renderings are the appropriate level of resolution. (6) Within the HC districts, the application shall also include: NA a. Building elevations from all directions, indicating materials, colors and landscaping at installation. b. Building and site views from Highway 5, the appropriate access boulevard (north or south of Highway 5), and any other appropriate arterial or collector roadways. c. Site views showing the relationships of the proposed building or development to adjacent development, including buffered areas. d. Drawings of all significant or atypical site features, such as unusual landscaping, manmade water features other than retention ponds, outdoor sculpture, or other large-scale artwork and other uncommon constructs. e. Sample building materials. 13 f. Sample paving materials, upon the city's request. (7) Within the BCO district, the application shall also include: NA a. Identified boundaries of the primary zone and secondary zone on a drawing depicting existing conditions and on a site plan depicting the proposed development pattern. b. Calculations and/or drawings that identify the allowable density (number of units or building coverage) under this Code, including lands lying in the primary and secondary zone. Calculation of allowable density shall specifically exclude lands classified as bluffs, floodplains and designated wetlands. Calculation of allowable impervious co ver may include bluffs and floodplains but shall specifically exclude designated wetlands. (Ord. No. 119, 2-12-90; Ord. No. 203, § 2, 5-9-94; Ord. No. 212, § 4, 7-11-94; Ord. No. 286, § 6, 12-14-98; Ord. No. 315, § 1, 3-26-01; Ord. No. 377, § 15, 5-24-04; Ord. No. 474, § 3, 10-13- 08) 14 Sec. 20-920. - Structures, boats and waterways. (a) Exemption. This article does not apply to any lakeshore property owned or leased by the city. (b) Nonconforming docks. (1) Permanent docks existing on July 11, 1983, and which do not comply with the structure limitations set forth in this article, shall be deemed to be nonconforming uses. Seasonal docks utilized by privately owned commercial resorts or commercial boat landings prior to July 11, 1983, and which do not comply with the structure limitations set forth in this article shall also be deemed to be nonconforming uses. (2) No nonconforming dock shall be enlarged or altered or increased, or occupy a greater area than that occupied by such dock on September 7, 1983, or on the effective date of or any amendment to this article. A nonconforming dock shall not be moved to any other part of the lakeshore site upon which the same is erected unless it is relocated in such a manner as to conform to the dock setback zone requirements of this chapter. Any nonconforming dock which is partially or totally destroyed by any cause may be restored to its former use and physical dimensions, if the restoration is completed within one year of its partial or total destruction. Maintenan ce and necessary structural repairs of a nonconforming dock are permitted provided that any such maintenance or repairs do not extend, enlarge or intensify such dock. (3) All docks must conform to dock setback requirements. (c) Location restrictions. No dock, mooring or other structure shall be so located as to: (1) Obstruct the navigation of any lake; (2) Obstruct reasonable use or access to any other dock, mooring or other structure authorized under this chapter; (3) Present a potential safety hazard; or (4) Be detrimental to significant fish and wildlife habitat or protected vegetation. (d) Construction and maintenance generally. Docks, moorings and other structures may be constructed of such materials and in such a manner as the owner determines, provided that they shall be so built and maintained that they do not constitute a hazard to the public using the waters of the lake and they shall be maintained in a workman-like manner. (e) Docks. (1) No more than one dock shall be permitted on any lakeshore site. (2) No dock shall exceed six feet in width and no dock shall exceed the greater of the following lengths: a. 50 feet; or b. The minimum straight-line distance necessary to reach a water depth of four feet. (3) The width (but not the length) of the crossbar of any dock shall be included in the computation of length described in the preceding sentence. The crossbar of any such dock shall not measure in excess of 25 feet in length. No dock shall encroach upon any dock setback zone; provided, however, that the owners of any two abutting lakeshore sites may erect one common dock within the dock setback zone appurtenant to the abutting lakeshore sites, if the dock is the only dock on the two lakeshore sites and if the dock otherwise conforms with the provisions of this chapter. (4) No person shall store fuel upon any dock. (5) No oscillating, rotating, flashing or moving sign or light may be used on any dock. (6) No advertising signs shall be displayed from any dock. 15 (7) Access across wetlands shall be subject to the standards set forth in section 20 -405. Docks shall be elevated a minimum of six to eight inches above the ordinary high water elevation. (f) Mooring, docking, etc., of watercraft. (1) Except for privately owned commercial resorts or commercial boat landings established prior to July 11, 1983, no person shall moor overnight, dock overnight, or store overnight, more than three watercraft on any lakeshore site or upon the waters of any lak e. Docking of watercraft at any lakeshore site or storage of watercraft upon any lakeshore site is permissible however at any time other than overnight. (2) No watercraft shall be moored or docked overnight on the water of any lake unless it is current ly registered pursuant to M.S. ch. 86B, either in the name of the owner of the lakeshore site in from of which the watercraft is moored or docked, or in the name of a blood relative of the owner. (3) Except as provided in subsection (f)(2) above, no wa tercraft or boat lift shall be kept, moored, docked or stored in the dock setback zone. (g) Swimming rafts, ski jumps, diving towers, etc. (1) Swimming rafts may only be located directly in front of a lakeshore site owned by the raft owner or with the written approval of the owner of the lakeshore site. All swimming rafts shall meet the minimum standards in this subsection. Their size shall not exceed 144 square feet. Swimming rafts shall project over the water surface not less than one foot and not more than five feet, measured vertically, above the surface of the lake. Swimming rafts shall not be located in areas with a depth of less than seven feet. Swimming rafts shall be reflectorized as provided in subsection (g)(2). Their distance from the ordinary high water mark shall not exceed 100 feet. (2) Swimming rafts, ski jumps, diving towers and other structures surrounded by the waters of any lake, whether floating or on posts, shall be lighted with a light visible in all directions, or have attached thereto, sufficient reflectorized material so as to reflect light in all directions. The material shall be capable of retaining 80 percent of its dry weather reflective signal strength when wet. (h) Fueling facilities. Installation of fueling facilities on docks, moorings and other structures shall be prohibited. Any fueling facilities which were in active use prior to September 7, 1983, shall be deemed to be nonconforming uses. No such nonconforming fueling facility shall be enlarged or altered or increased or occupy a greater area than occupied on September 7, 1983. Any nonconforming fueling facility which is partially or totally destroyed by any cause, may be restored to its former use and physical dimension if said restoration is completed within one year of its partial or total destruction. Maintenance and necessary structural repairs of a nonconforming fueling facility are permitted provided that any such maintenance or repairs do not extend, enlarge or intensify such fueling facility. NA (i) Removal of seasonal docks, moorings, etc. All seasonal docks, moorings, and other structures shall be removed from the lake before November 1 of each year. All nonconforming structures, except legally nonconforming docks and swimming rafts, once removed may not be returned to the lake. Legal nonconforming moorings, docks and swimming rafts, e.g., the "Carver Beach" raft, may be returned to the lake. NA (j) All structures shall comply with the department of natural resources regulations. (Ord. No. 483, § 1, 8-10-09) 16 17 18 19 20 21 22 23 24 25