PC Staff Report 5-16-06
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PC DATE: May 16, 2006
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CC DATE: June 12,2006
CITY OF CHANHASSEN
REVIEW DEADLINE: June 11,2006
CASE #: 06-20
BY: LH, DA
STAFF REPORT
PROPOSAL: Conditional Use Permit Amendment and Variance
LOCATION: Outlot B, Reichert's Addition
APPLICANT: Near Mountain Lake Association
Jahn Dyvik, Association Representative
610 Pleasant View Road
Chanhassen, MN 55317 dt/:t
PRESENT ZONING: Single Family Residential (RSF)
2020 LAND USE PLAN: Residential- Low Density (Net Density Range 1.2 - 4u/Acre)
AREA: 27,000 square feet (at OHW)
DENSITY: N/A
SUMMARY OF REQUEST: Request for CUP amendment to allow an additional dock and a
total of 8 docked boats. Variances are needed as part of the CUP amendment to allow the
installation of second dock without the minimum required lot area (50,000 square feet)
necessary for a second dock and additional docked boats above the 3 per dock maximum as
stated in Chanhassen Code Sec. 20-266 (6).
Notice of this public hearing has been mailed to all property owners within 500 feet and
all owners of property abutting Lotus Lake.
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.
The City's discretion in approving or denying a variance is limited to whether or not the
proposed project meets the standards in the Zoning Ordinance for a variance. The City has a
relatively high level of discretion with a variance because the applicant is seeking a deviation
from established standards. This is a quasi judicial decision.
Location Map
Near Mountain Lake Association Beachlot
Outlot B, Reichert's Addition
Planning Case No. 06-20
City of Chanhassen
Lotus Lake
Near Mountain CUP Amendment/ Variance
Planning Case #06-20
May 16, 2006
Page 2 of 15
SUMMARY OF PROPOSAL
The City of Chanhassen received an application from Near Mountain Lake Association on April
13, 2006 requesting a Conditional Use Permit amendment with variances from the minimum
required lot area and maximum allowed boats per dock with the installation of the second dock.
Currently one dock with three boats docked is allowed at the beach lot. The Near Mountain Lake
Association Beach Lot has over 500 feet of shoreline and approximately 27,000 square feet of
area above the OHW according to the survey dated March 1,2005 that was submitted as part of
the application.
City Code requires recreational beach lots have at least 200 feet of shoreline per dock. In
addition to the shoreline requirement, the beach lot must have 30,000 square feet of lot area for
the first dock and 20,000 square feet for each additional dock. To meet the square footage
requirements for the second dock, the Near Mountain Lake Association must apply for a
variance from the 20,000 square foot requirement for the second dock. A variance in the amount
of 23,000 square feet of lot area is needed to satisfy the requirements of City Code. Additionally,
a variance for more than 3 boats per dock must be obtained to install more than 3 boats per dock
as allowed by City Code.
APPLICABLE REGUA TIONS
Section 20-266. Recreational beach lots.
(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
beach 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.
(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.
Section 20-614. Conditional uses.
The following are conditional uses in an "RSF" District:
(1) Churches.
(2) Reserved.
(3) Recreational beach lots.
(4) Towers as regulated by article XXX of this chapter.
Near Mountain CUP Amendment/ Variance
Planning Case #06-20
May 16,2006
Page 3 of 15
(Ord. No. 80, Art. V, ~ 5(5-5.4), 12-15-86; Ord. No. 120, ~ 4(4), 2-12-90; Ord. No. 259, ~ 12,
11-12-96)
State law references: Conditional uses, M.S. ~ 462.3595.
BACKGROUND
The Near Mountain Lake Association is located in the northern part of Louts Lake on Outlot B,
Reichert's Addition. Membership in the association is limited to 8 homes (Lots 1-8, Reichert's
Addition, platted in 1978). In the development contract for Reichert's Addition, Outlot B was
designated "open area" and 1 dock structure was permitted within the southern 235 feet of the
outlot. This allowed for the preservation of trees and wetland areas in the northern portion of the
outlot.
In the staff report for the 1987 CUP, it was determined that the association had 46,000 square feet
which limited the beach lot to one dock to maintain compliance with the zoning ordinance.
The applicant applied for the CUP amendment and variance on April 13, 2006. The current
Conditional Use Permit (CUP 87-13) was issued in August 1987 (Attachment 4). The 1987 CUP
placed the following conditions on the Outlot B, Reichert's Addition beach lot:
1. Compliance with 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 1 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 maintained by the homeowners association.
6. There shall be no launching of motorized boats or boats that require a trailer from the beachlot.
Near Mountain Lake Association Beach Lot - May 9, 2006
T-------J
Near Mountain CUP Amendment/ Variance
Planning Case #06-20
May 16, 2006
Page 4 of 15
ANALYSIS
CUP Amendment
The original 1987 CUP limited Near Mountain Lake Association to one dock with 3 boat slips to
maintain compliance with zoning ordinances. Additional analysis on the proposed CUP
amendment is included in the findings below.
Variances
The applicant is requesting a variance from the required 50,000 square feet lot area requirement
for the installation of a second dock. The area of the recreational beach lot (currently 27,000 square
feet at the OHW of 896.3) is less than was indicated for the 1987 CUP (which employed a lot area
of 46,000 square feet). This may be the result of settling of the land and/or erosion of shoreline.
However, either lot area measurement necessitates a variance for a second dock. According to
the March 1, 2005 survey submitted by the applicant, the magnitude of this variance request is
23,000 square feet in lot area.
The applicant is also requesting a variance for 8 boat slips instead of the maximum of 6 boat
slips permitted by City Code on beach lots meeting the shoreline and area requirements for 2
docks. The magnitude of this variance request is 2 additional boat slips.
Other Beach Lots
In the application, the Near Mountain Lake Association cites four precedents for exceptions from
City Code regarding beach lots. These include: 1. The Lotus Lake Betterment
Association/Colonial Grove beach lot; 2. The Lotus Lake Estates beach lot; 3. The Kurver's Point
beach lot; and 4. The Fox Chase Dock. Below please find an explanation of the approved
conditions for each of the four cited precedents.
1. Colonial Grove Beach Lot: The Colonial Grove Beach Lot was granted a nonconforming use
permit in 1981 (Attachment 5). The nonconforming use permit recognized the right of the
association to maintain one dock, but did not indicate the number of boats that would be allowed to
moor overnight. Consequently, in 1993, the City issued a Findings of Fact and Decision
(Attachment 6) that found that there were never more than three boats moored overnight at the dock
in 1981 and therefore decided that the Colonial Grove Beach Lot nonconforming use permit should
be amended to allow the overnight storage of a maximum of three boats. This does not set a
precedent for this application.
The applicant has indicated that this association typically has approximately 6 boats moored at the
dock. This does not appear to be consistent with the approved nonconforming use permit. Any
potential violation will be investigated separately.
2. Lotus Lake Estates Beach Lot: The Lotus Lake Estates Beach Lot has received several
conditional use permits. The most recent permit was a restated conditional use permit dated July 7,
1986 (Attachment 7). The restated CUP allows three docks with up to three boats per dock, as well
as four sailboat moorings. However, the restated CUP was the result of what was apparently long
and involved legal proceedings between the City and the homeowners association. Consequently,
the results of the final CUP were negotiated and are not necessarily in compliance with City Code
for beach lots. This does not set a precedent for this application.
Near Mountain CUP Amendment/ Variance
Planning Case #06-20
May 16, 2006
Page 5 of 15
3. Kurvers Point Beach Lot: The Kurvers Point Beach Lot received a conditional use permit in
1987 (Attachment 8). The permit conditioned adherence to all conditions required by the City Code
in place at that time regarding recreational beach lots (Attachment 9). This does not set a precedent
for this application.
The applicant has indicated that this association has 10 boat slips. This does not appear to be
consistent with the approved conditional use permit. Any potential violation will be investigated
separately.
4. Fox Chase Dock: The dock in the Fox Chase neighborhood is not located on a recreational
beach lot, but rather is located on private property, with each property owner with a boat slip having
an easement for access to the dock. The dock with seven slips was allowed as part of legal
proceedings between the developer and the City. The seven slips correspond to the number of lots
that would have had dock rights on individual parcels. However, because there is a large wetland
complex along the shoreline in this location, it was in the City's best interest to consolidate the dock
rights onto a single dock, thus minimizing the wetland impacts that would have occurred with seven
individual docks extending across the wetland. This does not set a precedent for this application.
FINDINGS: RECREATIONAL BEACH LOT CONDITIONAL USE PERMIT
The application includes a request to amend the current conditional use permit for the
recreational beach lot to allow a change to an approved conditional use.
The applicant is also requesting variances for the installation of a second dock structure and
additional boat slips for a total of 8. The total beach lot area for Near Mountain Lake
Association is 27,000 square feet. City code requires 50,000 square feet of beach lot area for 2
docks. The applicant is requesting approval for 8 boats on 2 docks. City code allows a maximum 3
watercraft per dock structure.
Section 20-232. General Issuance Standards - Conditional Use Permit
1. Will not be detrimental to or endanger the public health, safety, comfort, convenience or
general welfare of the neighborhood or city.
Findine: The beach lot does provide a recreational amenity, however the area on Pleasant
View Road is currently a substandard road with poor sightlines which will reduce public
safety if beach lot use is intensified.
2. Will be consistent with the objectives of the city's comprehensive plan and this chapter.
Findine: The beach lot will not be consistent with the city's comprehensive plan and zoning
ordinance unless variances from the required lot area for the second dock and the number of
boats allowed per dock are obtained.
3. 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
Near Mountain CUP Amendment/ Variance
Planning Case #06-20
May 16, 2006
Page 6 of 15
essential character of that area.
Finding: The applicant has provided a diagram of the proposed second dock structure north
of the existing structure. The dock as illustrated will extend 50 feet into Lotus Lake and be no
longer than the existing dock. Information regarding dock materials should be submitted for
reVIew.
4. Will not be hazardous or disturbing to existing or planned neighboring uses.
Finding: There are several beach lots on Lotus Lake. The proposed CUP amendment will
impact the existing neighborhoods with increased boat traffic and/or decreased public safety
on Pleasant View Road, a current substandard street, from intensified beach lot usage.
5. 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 association will be required to maintain the beach lot.
6. Will not create excessive requirements for public facilities and services and will not be
detrimental to the economic welfare of the community.
Finding: The beach lot is not anticipated to have any excessive requirements for public
facilities and services. It is not certain whether the beach lot will be detrimental to the
economic welfare of the community.
7. 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 association must keep the beach lot maintained and regulate activities on the
beach lot. The area of the beach lot will interfere with traffic if additional cars park along
Pleasant View Road, decreasing the ability for traffic to travel Pleasant View Road.
Increased boat traffic from the beach lot may increase the amount of noise emitted from the
beach lot.
8. Will have vehicular approaches to the property, which do not create traffic congestion or
interfere with traffic or surrounding public thoroughfares.
Finding: Applicant has stated that all members are within 500 feet of the beach lot;
however, intensified use with increased boats and a second dock raises concerns for parking
and traffic flow. Pleasant View Road at 26 feet wide with poor sightlines is a substandard
street. The current standard road width for public residential streets is 31 feet. The area of the
beach lot will interfere with traffic if additional cars park along Pleasant View Road,
decreasing the ability for traffic to travel Pleasant View Road.
Near Mountain CUP Amendment/ Variance
Planning Case #06-20
May 16,2006
Page 7 of 15
Pleasant View Road with Parked Car and Eastbound Car - May 9, 2006
9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic
features of major significance.
Findine:: The conditional use amendments will not result in the loss of any features.
10. Will be aesthetically compatible with the area.
Findine:: If properly maintained the beach lot will remain compatible with the surrounding
uses.
11. Will not depreciate surrounding property values.
Findine:: It is not certain whether the CUP amendment will depreciate the surrounding
property values.
12. Will meet standards prescribed for certain uses as provided in this article.
Findine:: The CUP amendment, as proposed, will not meet the standards prescribed for
beach lots provided in City Code, as outlined below.
Section 20-266 Recreational Beach Lots:
1. Recreational beach lots shall have at least two hundred (200) feet of lake frontage for
each dock.
Findine:: The proposed beach lot has over 500 feet of lake frontage.
Near Mountain CUP Amendment/ Variance
Planning Case #06-20
May 16,2006
Page 8 of 15
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."
Finding: No structures (except as authorized by the beach lot ordinance) are proposed.
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.
Finding: No vehicle access is provided.
4. No recreational beach lot shall be used for overnight camping.
Finding: No camping shall be permitted.
5. Boat launches are prohibited.
Finding: No boat launching shall be permitted.
6. No recreational beach lot 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 beach lot 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 beach lot 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 beach lot; however, in no case shall there be more than four (4)
racks per beach lot. Docking of other watercraft or seaplanes is permissible at any time
other than overnight.
Finding: The applicant is seeking a change in the allowed number of boats from three
(3) currently to a total of 8 boats on the 2 docks. The recreational beach lot ordinance
indicates that the maximum amount of boats docked cannot exceed 3 per dock (Sec.20-
266 (6)). Boats may be clustered if additional dock structures are allowed. The applicant
does not meet the requirements for a second dock structure and would be limited to 3
docked boats.
7. The maximum number of docks on a recreational beach lot is three (3). No dock shall be
permitted on any recreational beach lot unless the beach meets the following conditions:
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 additional
twenty thousand (20,000) square feet for each additional dock.
Near Mountain CUP Amendment/ Variance
Planning Case #06-20
May 16, 2006
Page 9 of 15
Finding: The beach lot has over 500 feet of frontage and an area of 27,000 square feet as
determined by a survey submitted by the applicant. This is 23,000 square feet short of
the required 50,000 square feet for a second dock structure. A variance is required if the
second dock is to be installed at the beach lot.
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 described in the
preceding sentence. The cross-bar of any such dock shall not measure in excess of
twenty-five (25) feet in length.
Finding: The applicant needs to provide details about the proposed dock. The applicant
should also contact the DNR regarding any state approvals that may be required for
common docking areas.
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.
Finding: The illustration with the current proposed location and extent of the dock
submitted by the applicant illustrates that the proposed second dock structure (northern
dock) would be outside the dock setback zone.
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.
Finding: No sailboat moorings are proposed.
11. A recreational beach lot is intended to serve as a neighborhood facility for the subdivision
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 comprehensive 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.
Near Mountain CUP Amendment/ Variance
Planning Case #06-20
May 16, 2006
Page 10 of 15
Findine:: All of the dwelling units are located within 1,000 feet of the beach lot.
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.
Findine:: No swimming beach is proposed.
13. All recreational beach lots shall have a buffer sufficient to insulate other 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:
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 intensity of the use
proposed or the number of dwellings having rights of access.
Findine:: Existing vegetation will be preserved according to the applicant. Lot width
will also provide distance to act as buffer between the beach lot and other properties.
14. To the extent feasible, the city may impose such conditions even after approval of the
beach lot if the city finds it necessary.
Findine:: At the present time, no additional conditions are imposed.
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.
Findine:: The applicant shall incorporate a clause in the covenants for the homeowner's
association to require that watercraft stored, moored or docked overnight shall be owned
by the owner/occupant or renter/occupant of homes in the association if the condition
does not already exist.
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.
Findine:: The applicant has submitted a diagram of proposed Conditional Use
Near Mountain CUP Amendment/ Variance
Planning Case #06-20
May 16, 2006
Page 11 of 15
Amendments. The 2 docks and 8 boats have been illustrated on Figure 2 of Attachment 2.
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:
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 information:
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.
Finding: No portable chemical toilets are proposed.
18. No watercraft or boat lift shall be kept, moored, docked, or stored in the dock setback
zone.
Finding: The applicant should include a clause in the covenants for the homeowner's
association to require that no watercraft of boat lift shall be located within the dock
setback zone.
19. Gazebos may be permitted on recreational beach lots 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 for
the zoning district in which the structure is located.
c. Maximum size of the structure shall not exceed two hundred fifty (250) square feet.
d. Maximum height shall not exceed twenty (20) feet.
Near Mountain CUP Amendment/ Variance
Planning Case #06-20
May 16, 2006
Page 12 of 15
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.
Finding: No gazebos are proposed.
FINDINGS: VARIANCE #1- Second Dock
The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a
variance for a second dock unless they find the following facts:
1. That the literal enforcement of this chapter would cause undue hardship. For purposes of the
definition of undue hardship, reasonable use includes a use made by a majority of
comparable property within 500 feet of it. The intent of this provision is not to allow a
proliferation of variances, but to recognize that in developed neighborhoods preexisting
standards exist. Variances that blend with these preexisting standards without departing
downward from them meet these criteria.
Finding: The literal enforcement of this chapter would not cause undue hardship. There are
no comparable properties within 500 feet. There are other recreational beach lots on Lotus
Lake that exist within single family residential zoning which are governed by nonconforming
use permits or existing conditional use permits.
2. That the conditions upon which a petition for a variance is based are not applicable,
generally, to other property within the same zoning classification.
Finding: The conditions upon which this petition for a variance is based are generally
applicable to beach lots.
3. That the purpose of the variation is not based upon a desire to increase the value or income
potential of the parcel of land.
Finding: The improvements increase the value of the property.
4. That the alleged difficulty or hardship is not a self-created hardship.
Finding: Since its creation, the beach lot has never had the area necessary for a second dock
structure. Therefore, the hardship is self-created.
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.
Near Mountain CUP Amendment/ Variance
Planning Case #06-20
May 16,2006
Page 13 of 15
Finding: The granting of a variance will be detrimental to the public welfare due to intensified
use of the beach lot.
6. 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 decrease visibility or
site distances, or increases the danger of fire, or endanger the public safety or substantially
diminish or impair property values within the neighborhood.
Finding: The granting of a variance will be detrimental to the public welfare from increased
parking associated with intensified use on the beach lot. Pleasant View Road as it currently
exists is a sub-standard street at 26 feet in width with poor sightlines. A standard residential
street is 31 feet wide with 11 foot wide travel lanes. A parked vehicle typically takes up 8 feet of
the road width which creates a problem with traffic flow on the substandard street.
FINDINGS: VARIANCE #2 - Four Boat Slips Per Dock
The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a
variance for four (4) boat slips per dock unless they find the following facts:
1. That the literal enforcement of this chapter would cause undue hardship. For purposes of the
definition of undue hardship, reasonable use includes a use made by a majority of
comparable property within 500 feet of it. The intent of this provision is not to allow a
proliferation of variances, but to recognize that in developed neighborhoods preexisting
standards exist. Variances that blend with these preexisting standards without departing
downward from them meet these criteria.
Finding: The literal enforcement of this chapter would not cause undue hardship. There are
no comparable properties within 500 feet. There are other recreational beach lots on Lotus
Lake that exist within single family residential zoning which are governed by nonconforming
use permits or existing conditional use permits. No beach lots on Lotus Lake with
Conditional Use Permits are permitted to have more than 3 slips per dock.
2. That the conditions upon which a petition for a variance is based are not applicable,
generally, to other property within the same zoning classification.
Finding: The conditions upon which this petition for a variance is based are generally
applicable to beach lots.
3. That the purpose of the variation is not based upon a desire to increase the value or income
potential of the parcel of land.
Finding: The improvements increase the value of the property.
4. That the alleged difficulty or hardship is not a self-created hardship.
Finding: The alleged difficulty or hardship is a self-created hardship because the number of
slips per dock allowed by code has not changed since the original CUP was granted in 1981.
Near Mountain CUP Amendment/ Variance
Planning Case #06-20
May 16, 2006
Page 14 of 15
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.
Findine: The granting of a variance will be detrimental to the public welfare due to intensified
use of the beach lot.
6. 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 decrease visibility or
site distances, or increases the danger of fire, or endanger the public safety or substantially
diminish or impair property values within the neighborhood.
Findine: The granting of a variance will be detrimental to the public welfare from increased
parking associated with intensified use on the beach lot. Pleasant View Road as it currently
exists is a sub-standard street at 26 feet in width with poor sightlines. A standard residential
street is 31 feet wide with 11 foot wide travel lanes. A parked vehicle typically takes up 8 feet of
the road width which creates a problem with traffic flow on the substandard street.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion:
"The Planning Commission denies the request for a Conditional Use Permit amendment and
Variances for the lot area requirement necessary for the second dock and the number of boat
slips per dock based on the findings of fact in the staff report and the following:
1. The applicant has not demonstrated a hardship.
2. The applicant has reasonable use of the property.
3. A revised conditional use permit with intensified use may reduce public safety due to parking
on the sub-standard streets and poor sight lines.
4. If these variances are approved, other recreational beach lots in Chanhassen will likely seek
variances from lot area and boat limit restrictions."
ATTACHMENTS
1. Findings of Fact.
2. Development Review Application w/attachments.
3. Affidavit of Mailing.
4. Conditional Use Permit #87-13 for Near Mountain Lake Association.
5. Nonconforming Use Permit for Colonial Grove Beach Lot, dated June 15, 1981.
6. Findings of Fact and Decision for Colonial Grove Beach Lot, dated September 13, 1993.
7. Conditional Use Permit for Lotus Lake Estates Beach Lot, dated July 7, 1986.
8. Conditional Use Permit for Kurvers Point Beach Lot, dated July 20,1987.
9. City Code Article V, Section 9 (11) as of July 20,1987.
10. Email from A. Fauske, dated May 3, 2006.
Near Mountain CUP Amendment/ Variance
Planning Case #06-20
May 16, 2006
Page 15 of 15
11. Email from J. Whiteman, dated April 28, 2006.
12. Letter from J. & J. Thielen dated May 7,2006.
g:\plan\2006 planning cases\06-20 near mountain lake association\near mountain cup_ variance. doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of Near Mountain Lake Association request for Conditional Use Permit amendment;
Variance for additional dock without required beachlot area; and Variance from maximum
number of watercraft per dock structure - Planning Case 06-20.
On May 16, 2006, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application Near Mountain Lake Association for a Conditional Use
Permit Amendment, Variance from lot area requirement for a second dock structure and variance
from maximum allowed boats per dock. The Planning Commission conducted a public hearing
on the proposed Planned Unit Development preceded by published and mailed notice. The
Planning Commission heard testimony from all interested persons wishing to speak and now
makes the following:
FINDINGS OF FACT
1. The property is currently zoned Residential Single Family, RSF.
2. The property is guided in the Land Use Plan for Residential - Low Density.
3. The legal description of the property is: Outlot B, Reichert's Addition.
4. Recreational Beachlot Conditional Use Permit
a. The beach lot does provide a recreational amenity, however the area on Pleasant View
Road which is currently a substandard road with poor sightlines which will reduce public
safety if beach lot use is intensified.
b. The beach lot will not be consistent with the city's comprehensive plan and zoning
ordinance unless variances from the required lot area for the second dock and the number
of boats allowed per dock are obtained.
c. There are several beach lots on Lotus Lake. The proposed CUP amendment will impact
the existing neighborhoods with increased boat traffic and/or decreased public safety on
Pleasant View Road a current substandard street from intensified beach lot usage.
d. Pleasant View Road is 26 feet wide with poor sightlines and is a substandard street. The
current standard road width for public residential streets is 31 feet. The area of the beach
1
lot will interfere with traffic if additional cars were to park along Pleasant View Road
decreasing the ability for traffic to travel Pleasant View Road.
e. The recreational beach lot ordinance indicates that the maximum amount of boats docked
cannot exceed 3 per dock (Sec.20-266 (6)). Boats may be clustered if additional dock
structures are allowed. The applicant does not meet the requirements for a second dock
structure and would be limited to 3 docked boats.
f. The beach lot has over 500 feet of frontage and an area of 27,000 square feet as
determined by a survey submitted by the applicant. This is 23,000 square feet short of the
required 50,000 square feet for a second dock structure. A variance is required if the
second dock is to be installed at the beach lot.
5. Variance (Second Dock).
a. The literal enforcement of this chapter would not cause undue hardship. There are no
comparable properties within 500 feet. There are other recreational beach lots on Lotus
Lake that exist within single family residential zoning which are governed by
nonconforming use permits or existing conditional use permits.
b. The conditions upon which this petition for a variance is based are generally applicable to
beach lots.
c. Since its creation, the beach lot has never had the area necessary for a second dock
structure. Therefore, the hardship is self-created.
d. The granting of a variance will be detrimental to the public welfare due to intensified use of
the beach lot including increased parking and substandard street width.
6. Variance (Four Boat Slips per dock).
a. The literal enforcement of this chapter would not cause undue hardship. There are no
comparable properties within 500 feet. There are other recreational beach lots on Lotus
Lake that exist within single family residential zoning which are governed by
nonconforming use permits or existing conditional use permits. No beach lots on Lotus
Lake with Conditional Use Permits are permitted to have more than 3 slips per dock.
b. The conditions upon which this petition for a variance is based are generally applicable to
beach lots.
c. The alleged difficulty or hardship is a self-created hardship because the number of slips per
dock allowed by code has not changed since the original conditional use permit was granted
in 1981.
2
d. The granting of a variance will be detrimental to the public welfare due to intensified use of
the beach lot including increased parking and substandard street width.
RECOMMENDA TION
The Planning Commission recommends that the City Council deny the Conditional Use
Amendment with Variances for Near Mountain Lake Association.
ADOPTED by the Chanhassen Planning Commission this 16th day of May, 2006.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
3
Planning Case No. C)0 -de)
CITY OF CHANHASSEN
7700 Market Boulevard - P.O. Box 147
Chanhassen, MN 55317 - (952) 227-1100
CITY OF CHANHASSEN
RECEIVED
PLEASE PRINT
Applicant Name and Address: \
~(;AfJ..I1OVN-;III1J LAI<f- A~C{ATtO""
,/ 0 (J(..M~ AI'l-;"" Vc e:..w ,(~
c.../-IAN/-ftJS.SW MA) S5'317
Contact: JAJ.f~ i:>VV,,<
Phone:~I'Z- '2.02. 73~ Fax: 76'3 S72 ej-Cjgq.
Email: bVVI~JA_YAH.l>O.Co~
DEVELOPMENT REVIEW APPLICATION
CHANHASSEN PLANNING DEPT
APR 1 3 2006
Owner Name and Address:
~/\t1L
Contact:
Phone:
Email:
Fax:
NOTE: Consultation with City staff is reauired prior to submittal, including review of development
plans
Comprehensive Plan Amendment
~ Conditional Use Permit (CUP) 4.2..'5
Temporary Sales Permit
Vacation of Right-of-Way/Easements (VAG)
Interim Use Permit (IUP)
v'
Variance (VAR) 200
Non-conforming Use Permit
Wetland Alteration Permit (WAP)
Planned Unit Development*
Zoning Appeal
Rezoning
Zoning Ordinance Amendment
Sign Permits
Sign Plan Review
../ Notification Sign - $200
(City to install and remove)
Site Plan Review (SPR)*
X Escr9vdor[i1ing Fees/Attorney Cost**
- $~~pJ~PRNACNARlWAP/Metes & Bounds
- $450 Minor SUB
TOTAL FEE $ 815 (X./
L- v' ~\\ 1/\'-"...
t--, ." v l.....~)
Subdivision*
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.
CCAtm:J>
, \~"i '. '(.
PROJECT NAME: Nf:;A(J... hDvN'fA,,J LA~e.. AS~D<'/A;7~ .. I{fL~tA77DtJItL 6f:A<J.1 LlrT
LOCATION: A(Jt,ss F(1..0M... b I 0 f\"RAMN-r V ,e.W ttb.
LEGAL DESCRIPTION: OUtLOT B, !<E1Cl-'E.A.T'S Abb IT'/O,J
J
TOTAL ACREAGE: I. Ob ACA.c,c;:. - 1C,8~) o. 2&' AcAf:.~ - ZooS-
WETLANDS PRESENT: YES 1 NO
PRESENT ZONING: S,}'lGL~ FA 11 (L'1 /test t>E:.N-Ji~l-
REQUESTED ZONING: SA ME-
PRESENT LAND USE DESIGNATION: /{e..<;, / t:>EIU-ri A l... LovJ b f:IJ~ I,'!
REQUESTED LAND USE DESIGNATION: SAt', e...
REASON FOR REQUEST: $E:...E.... A-r~Au+~
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. 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.
~
q./JY/o6
· Date
If/tlf /ob
Date
G:\pLAN\fonns\Oevelopment Review Application.DOC
Rev. 12/05
CCAtltlED
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 ofthe oldest ifnot 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 ofthe 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 of25 feet (figure 4). They are well short ofthe 200 foot
SCANNED
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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Print Data/Map
Map Created: 4-14-2006
PID# 252400320
IParcel Information
Property Address:
NOT ON FILE
Parcel Properties
GIS Acres: 1.06
Homestead: N
School District: 0276
IParcel Location
Section: 0 1
Township: 116
Range: 023
IPayable Year 2007
Est. Market Value Land: $0
Est. Market Value Building: $0
Est. Market Value Total: $0
Page 1 of 1
.,,-.------
------
Taxpayer Information:
LOTUS LAKE BETTERMENT ASSN
105 SANDY HOOK RD
CHANHASSEN, MN 55317
Lot:
Block:
Platname: COLONIAL GROVE AT LOTUS
LK2ND
IILast Sale Information
Last Sale NOT ON FILE
CARVER COUNTY GIS DISCLAIMER: This map was created using Carver County's Geographic Information Systems (GIS), it is a compilation C
of information and data from various City, County, State, and Federal offices. This map is not a surveyed or legally recorded map and is intended to be . ....... ..,$'
. used as a reference. Carver County is not responsible for any inaccuracies contained herein.
F{Gu~L 4
SCANNED
http://156.99 .124.167 /website/parcel_ search/printdatamap.asp?PID==252400320
4/14/2006
Print Data/Map
Map Create~: 4-11-2006
PID# 254200461
Parcel Information
Property Address:
NOT ON FILE
Parcel Properties
GIS Acres: 2.8
Homestead: N
School District: 0276
IParcel Location
Section: 01
Township: 116
Range: 023
IPayable Year 2007
Est. Market Value Land: $0
Est. Market Value Building: $0
Est. Market Value Total: $0
Page 1 of 1
Taxpayer Information:
LOTUS LAKE HOMEOWNERS ASSN
PO BOX 63
CHANHASSEN, MN 55317
Lot:
Block:
Platname: LOTUS LAKE ESTATES
IILast Sale Information
Last Sale NOT ON FILE
CARVER COUNTY GIS DISCLAIMER: This map was created using Carver County's Geographic Information Systems (GIS), it is a compilation C
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. Carver County is not responsible for any inaccuracies contained herein.
F 1c;.0~ 5
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4/11/2006
I
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Map Created: 4~11-2006
Page 1 of 1
PID# 253920320
Property Address:
NOT ON FILE
raxpayer Information:
KURVERS POINT HOMEOWNER ASSN
C/O MELVIN KURVERS
7240 CHANHASSEN RD
CHANHASSEN , MN 55317
Parcel Properties
Tax Acres: 1.15
Homestead: N
School District: 0276
IParcel Location
Section: 12
Township: 116
Range: 023
IPayable Year 2007
Lot:
Block:
Platname: KUR VERS POINT
IILast Sale Information
Last Sale NOT ON FILE
Est. Market Value Land: $0
Est. Market Value Building: $0
Est. Market Value Total: $0
CARVER COUNTY GIS DISCLAIMER: This map was created using Carver County's Geographic Information Systems (GIS), it is a compilation 614
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. Carver County is not responsible for any inaccuracies contained herein. ........,
f lGoRe..- ,6
SCANNED
http://156.99.124.167 /website/parcel_ search/printdatamap.asp?PID=253920320
4/11/2006
I
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P~rint Data/Map
Map Created: 4-11-2006
PID# 252700160
, Parcel Information
Property Address:
732 LAKE PT
CHANHASSEN , MN
Parcel Properties
GIS Acres: 0.56
Homestead: Y
School District: 0276
IParcel Location
Section: 01
Township: 116
Range: 023
IPayable Year 2007
Est. Market Value Land: $530600
Est. Market Value Building: $509300
Est. Market Value Total: $1039900
Page 1 of 1
Taxpayer Information:
TERRY D & DEBRA L VOGT
732 LAKE PT
CHANHASSEN, MN 55317
Residential Year Built: 1988
Residential Footprint Sq Ft: 2434
Lot: 016
Block: 001
Platnam"e: FOX CHASE
IILast Sale Informati(Jn
Last Sale NOT ON FILE
CARVER COUNTY GIS DISCLAIMER: This map was created using Carver County's Geographic Information Systems (GIS), it is a compilation G
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. Carver County is not .responsible for any inaccuracies contained herein.
PL G-"Ili..- 7
SCANNED
I
I
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4/11/2006
'. ...
Print Data/Map
Map Created: 4-14-2006
Page 1 of 1
PID# 257300110
IPareel Information
Property Address:
NOT ON FILE
Parcel Properties
GIS Acres: 1.3
Homestead: N
School District: 0276
IPareel Location
Section: 01
Township: 116
Range: 023
IPayable Year 2007
Est. Market Value Land: $0
Est. Market Value Building: $0
Est. Market Value Total: $0
~I
Taxpayer Information:
NEAR MOUNTAIN LAKE ASSN INC
610 PLEASANT VIEW RD
CHANHASSEN, MN 55317
Lot:
Block:
Platname: REICHERT'S ADDITION
IILast Sale Information
Last Sale NOT ON FILE
CARVER COUNTY GIS DISCLAIMER: This map was created using Carver County's Geographic Information Systems (GIS), it is a compilation G
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. Carver County is not responsible for any inaccuracies contained herein.
FIG LJC<.E-
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SCANNED
http://156.99.124.167 /website/parcel_ search/printdatamap.asp?PID=25730011 0
4/14/2006
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on
May 4, 2006, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota;
that on said date she caused to be mailed a copy of the attached notice of Public Hearing for
Near Mountain Lake Association Recreational Beachlot Conditional Use Permit and
Variance - Planning Case 06-20 to the persons named on attached Exhibit "A", by enclosing a
copy of said notice in an envelope addressed to such owner, and depositing the envelopes
addressed to all such owners in the United States mail with postage fully prepaid thereon; that the
names and addresses of such owners were those appearing as such by the records of the County
Treasurer, Carver County, Minnesota, and by other appropriate records.
Subscribed and sworn to before me
this ~ day of fV1 CQI , 2006.
,
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Lctus LaI<e
Disclaimer
This map is neither a legally recorded map nor a survey and is not intended to be used as one. This
map is a compilation 01 records, inlormation and data located in vanous city, county, state and lederal
offices and other sources regarding the area shown, and is to be used lor relerence purposes only.
The City does not warrant that the Geographic Inlormation System (GIS) Data used to prepare this
map are error Iree, and the City does not represent that the GIS Data can be used lor navigational,
tracking or any other purpose requinng exacting measurement of distance or direction or precision in
the dep;ction of geographic leatures. If errors or discrepancies are found piease contact 952-227-1107.
The preceding disclaimer is provided pursuant to Minnesota Statutes 9466.03, Subd. 21 (2000), and
the user of this map acknowledges that the City shall not be liable lor any damages, and expressly
waives all claims, and agrees to defend, indemnily, and hold harmless the City lrom any and all claims
brought by User, its employees or agents, or third parties which anse out 01 the use~s access or use 01
data provided.
Lctus LaI<e
Disclaimer
This map is neither a legally recorded map nor a survey and is not intended to be used as one. This
map is a compilation of records, information and data located in vanous city, county, state and lederal
offices and other sources regarding the area shown, and is to be used for reference purposes only.
The City does not warrant that the Geographic Information System (GIS) Data used to prepare this
map are error free, and the City does not represent that the GIS Data can be used lor navigational,
tracking or any other purpose requinng exacting measurement of distance or direction or precision in
the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107.
The preceding disclaimer is provided pursuant to Minnesota Statutes 9466.03, Subd. 21 (2000), and
the user of this map acknowledges that the City shall not be liable lor any damages, and expressly
waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims
brought by User, its employees or agents, or third parties which anse out of the use~s access or use of
data provided.
ALAN & ANNABEL FOX
7300 LAREDO DR
CHANHASSEN, MN 55317-9608
ANDREW H & KATRINA E CLEMENS
6691 HORSESHOE CRV
CHANHASSEN, MN 55317-9526
ANN HOGAN &
481 BIGHORN DR
CHANHASSEN, MN 55317-9298
ARLlS A BOVY
7339 FRONTIER TRL
CHANHASSEN, MN 55317-9796
BLAIR PETER ENTENMANN &
7407 FRONTIER TRL
CHANHASSEN, MN 55317-9722
BRIAN H & JEANNE M BATZLI
100 SANDY HOOK RD
CHANHASSEN, MN 55317-9580
CARMELA V RICHARDS
7320 KURVERS POINT RD
CHANHASSEN, MN 55317-7521
CHARLES C & JANET C HURD
6695 HORSESHOE CRV
CHANHASSEN, MN 55317-9526
CHRISTOPHER & TRACEY RUST
7500 CHANHASSEN RD
CHANHASSEN, MN 55317-8576
CONSTANCE M CERVILLA
650 CARVER BEACH RD
CHANHASSEN, MN 55317-2101
ALAN & LINDA K KRAMER
531 INDIAN HILL RD
CHANHASSEN, MN 55317-9533
ANDREW J & LINDA M HOFMEISTER
6653 MERRY PL
CHANHASSEN, MN 55317-4607
ANNE F JONES
480 BIGHORN DR
CHANHASSEN, MN 55317-8801
BARBARA L HEDLUND
10014 INDIGO DR
EDEN PRAIRIE, MN 55347-1206
BRACE D HELGESON
7820 TERREY PINE CT
EDEN PRAIRIE, MN 55347-1126
BRUCE A & JODI L NORD
551 INDIAN HILL RD
CHANHASSEN, MN 55317-9533
CARVER BEACH PROPERTIES
332 2ND ST
EXCELSIOR, MN 55331-1806
CHARLES F LEINBERGER JR &
6655 HORSESHOE CRV
CHANHASSEN, MN 55317-9526
CHRISTOPHER K LARUS &
7018 DAKOTA CIR
CHANHASSEN, MN 55317-9581
CRAIG N HANSEN &
6430 FOX PATH
CHANHASSEN, MN 55317-9277
ALFRED A & SUSAN K HENDERSON
7330 KURVERS POINT RD
CHANHASSEN, MN 55317-7521
ANN DANIELSON
6607 HORSESHOE CRV
CHANHASSEN, MN 55317-9526
ANTHONY G & SALLY A HEARD
510 PLEASANTVIEW RD
CHANHASSEN, MN 55317-9437
BEVERLY H THOMAS
745 PLEASANT VIEW RD
CHANHASSEN, MN 55317-9509
BRIAN C & KRISTEN L APPLEGATE
7350 KURVERS POINT RD
CHANHASSEN, MN 55317-7521
CARL B FITZSIMMONS &
7480 CHANHASSEN RD
CHANHASSEN, MN 55317-9503
CATHERINE S HISCOX
7500 ERIE AVE
CHANHASSEN, MN 55317-7903
CHARLES R & JUDY L PETERSON
708 LAKE PT
CHANHASSEN, MN 55317-9284
CHRISTOPHER S PELLETIER &
6420 FOX PATH
CHANHASSEN, MN 55317-9277
CURT R & SHELLY A SCHWIESO
6681 HORSESHOE CRV
CHANHASSEN, MN 55317-9526
CURTIS G & CHERI L ANDERSON
500 PLEASANT VIEW RD
CHANHASSEN, MN 55317-9437
DANNY J & BRENDA L VATLAND
7290 KURVERS POINT RD
CHANHASSEN, MN 55317-7518
DAVID E & CAROLYN M WETTERLlN
7420 CHANHASSEN RD
CHANHASSEN, MN 55317-9503
DAVID M & LAURIE C SUSLA
7409 FRONTIER TRL
CHANHASSEN, MN 55317-9722
DAVID W & BEVERLY J KOPISCHKE
6675 HORSESHOE CRV
CHANHASSEN, MN 55317-9526
DENNIS J & TONIE FLAHERTY
7004 DAKOTA
CHANHASSEN, MN 55317-9583
DORIS A ROCKWELL
6677 HORSESHOE CRV
CHANHASSEN, MN 55317-9526
DOUGLAS J & LANA HABERMAN
520 PLEASANT VIEW RD
CHANHASSEN, MN 55317-9437
ERNEST F PIVEC
5060 MEADVILLE ST
EXCELSIOR, MN 55331-8788
FRANKLIN J & MYRNA A KURVERS
7220 KURVERS POINT RD
CHANHASSEN, MN 55317-7518
DANIEL A & MARILYN
BOECKERMANN
104 SANDY HOOK RD
CHANHASSEN, MN 55317-9580
DAVID A & PATRICIA L PREVES
106 SANDY HOOK RD
CHANHASSEN, MN 55317-9580
DAVID FRANKLIN LABADIE &
489 PLEASANT VIEW RD
CHANHASSEN, MN 55317-9576
DAVID 0 & RACHEL A IGEL
501 BIG WOODS BLVD
CHANHASSEN, MN 55317-4504
DEAN T & SUSAN L STANTON
500 BIGHORN DR
CHANHASSEN, MN 55317-8805
DENNIS ZHU &
716 LAKE PT
CHANHASSEN, MN 55317-9284
DOUGLAS H & JEANNE E MACLEAN
7280 KURVERS POINT RD
CHANHASSEN, MN 55317-7518
EILEEN T KELLY
740 LAKE PT
CHANHASSEN, MN 55317-9284
FRANCIS J HOFMEISTER &
7645 GIBRALTER TER
APPLE VALLEY, MN 55124-6123
FREDERIC OELSCHLAGER ETAL
7410 CHANHASSEN RD
CHANHASSEN, MN 55317-9503
DANIEL L ROBBINS &
6375 OXBOW BND
CHANHASSEN, MN 55317-9128
DAVID B SANFORD &
6440 FOX PATH
CHANHASSEN, MN 55317-9277
DAVID M & JOANNA POINAR
7303 LAREDO DR
CHANHASSEN, MN 55317-9608
DAVID R & VALERIE L ROSSBACH
670 PLEASANT VIEW RD
CHANHASSEN, MN 55317-9509
DENNIS C & JANIS I FISHER
7501 ERIE AVE
CHANHASSEN, MN 55317-7903
DONALD N & CAROL J MEHL
490 BIGHORN DR
CHANHASSEN, MN 55317-8801
DOUGLAS J & ELIZABETH K BITNEY
6645 HORSESHOE CRV
CHANHASSEN, MN 55317-9526
EMILY H JOHNSON
335 PLEASANT VIEW RD
CHANHASSEN, MN 55317-9524
FRANK W JR & MARGARET M
HETMAN
7014 DAKOTA
CHANHASSEN, MN 55317-9582
FRONTIER TRAIL ASSN
201 FRONTIER CT
CHANHASSEN, MN 55317-9728
GARY J SCHNEIDER &
640 PLEASANT VIEW RD
CHANHASSEN, MN 55317-8327
GREG & MARIA LINDSLEY
500 BIG WOODS BLVD
CHANHASSEN, MN 55317-4504
HENRY & SANDRA NEILS
7012 DAKOTA
CHANHASSEN, MN 55317-9583
JAMES K MCCLEARY
6661 HORSESHOE CRV
CHANHASSEN, MN 55317-9526
JANICE LANDRUS
449 PLEASANT VIEW RD
CHANHASSEN, MN 55317-9576
JOHN & BEVERLY RYAN
6685 HORSESHOE CRV
CHANHASSEN, MN 55317-9526
JOHN M & SANDRA L CUNNINGHAM
6665 HORSESHOE CRV
CHANHASSEN, MN 55317-9526
JOHN R & CAROL W HAMMETT
6697 HORSESHOE CRV
CHANHASSEN, MN 55317-9526
JON ALAN LANG
640 CARVER BEACH RD
CHANHASSEN, MN 55317-9428
KALLEY T Y ANT A
365 PLEASANT VIEW RD
CHANHASSEN, MN 55317-9524
GARY M SCHELlTZCHE
680 PLEASANT VIEW RD
CHANHASSEN, MN 55317-9509
GREGORY DEAN CRAY
200 FRONTIER CT
CHANHASSEN, MN 55317-9728
HERBERT N & CAROLYN
BLOOMBERG
7008 DAKOTA
CHANHASSEN, MN 55317-9583
JAMES R & KATHRYN A DREESEN
6379 OXBOW BND
CHANHASSEN, MN 55317-9128
JAY H & SHELLEY H STROHMAIER
80 SANDY HOOK RD
CHANHASSEN, MN 55317-9312
JOHN C LEE
7337 FRONTIER TRL
CHANHASSEN, MN 55317-9796
JOHN P & JANE THIELEN
665 PLEASANT VIEW RD
CHANHASSEN, MN 55317-9509
JOHN T & RUTH E SCHEVENIUS
570 PLEASANT VIEW RD
CHANHASSEN, MN 55317-9437
JOSEPH J & CHRISTINE K STONE
6370 OXBOW BND
CHANHASSEN, MN 55317-9109
KEITH M & MARY BETH HOFFMAN
6470 FOX PATH
CHANHASSEN, MN 55317-9279
GEORGE J & DIANNE H PRIEDITIS
7401 FRONTIER TRL
CHANHASSEN, MN 55317-9722
HAROLD G & KATHRYN M DAHL
6631 HORSESHOE CRV
CHANHASSEN, MN 55317-9526
JAHN A DYVIK
610 PLEASANT VIEW RD
CHANHASSEN, MN 55317-8327
JAMES T & DIANE S LESTOR
429 PLEASANT VIEW RD
CHANHASSEN, MN 55317-9576
JEFFREY W & MARY L BORNS
7199 FRONTIER TRL
CHANHASSEN, MN 55317-9605
JOHN E NICOLAY JR
608 PLEASANT VIEW RD
CHANHASSEN, MN 55317-8327
JOHN P & SUZANNE D BOHN
6377 OXBOW BND
CHANHASSEN, MN 55317-9128
JOHN W SCHNEIDER JR
6340 SUMMIT CIR
CHANHASSEN, MN 55317-9138
JOSEPH M & MARGERY M
PFANKUCH
6611 HORSESHOE CRV
CHANHASSEN, MN 55317-9526
KENTON D KELLY
6539 GRAY FOX CRV
CHANHASSEN, MN 55317-9247
KEVIN & LINDA SHARKEY
6900 ROLLING ACRES RD
EXCELSIOR, MN 55331-9681
LADD R & SUSAN M CONRAD
6625 HORSESHOE CRV
CHANHASSEN, MN 55317-9526
LINDA WILKES
7632 SOUTH SHORE DR
CHANHASSEN, MN 55317-9400
LOTUS LAKE HOMEOWNERS ASSN
PO BOX 63
CHANHASSEN, MN 55317-0063
MARK C & NANCY A ENGASSER
7000 DAKOTA
CHANHASSEN, MN 55317-9583
MARY J SILL
6385 OXBOW BND
CHANHASSEN, MN 55317-9128
MELVIN & JACQUELINE D KURVERS
7240 KURVERS POINT RD
CHANHASSEN, MN 55317-7518
MICHAEL A & CYNTHIA A COLSON
6373 OXBOW BND
CHANHASSEN, MN 55317-9128
MICHAEL R & JODY SCHEPERS
540 PLEASANT VIEW RD
CHANHASSEN, MN 55317-9437
NEAR MOUNTAIN LAKE ASSN INC
610 PLEASANT VIEW RD
CHANHASSEN, MN 55317-8327
KEVIN A & LEANNE M BENSON
620 PLEASANT VIEW RD
CHANHASSEN, MN 55317-8327
LARRY A & JULIE M KOCH
471 BIGHORN DR
CHANHASSEN, MN 55317-9298
LORNA G TARNOWSKI
7405 FRONTIER TRL
CHANHASSEN, MN 55317-9722
LOWELL A & NANCY W JOBE
109 SANDY HOOK RD
CHANHASSEN, MN 55317-9580
MARK LOREN OLSON &
536 PLEASANT VIEW RD
CHANHASSEN, MN 55317-
MATHEW PARENS &
7644 SOUTH SHORE DR
CHANHASSEN, MN 55317-9400
MICHAEL & DEBRA HAYDOCK
6460 FOX PATH
CHANHASSEN, MN 55317-9279
MICHAEL A & JANET A STANZAK
724 LAKE PT
CHANHASSEN, MN 55317-9284
MICHELE M KOPFMANN &
7415 FRONTIER TRL
CHANHASSEN, MN 55317-9722
NEIL & BARBARA GOODWIN
7310 KURVERS POINT RD
CHANHASSEN, MN 55317-7521
KURVERS POINT HOMEOWNER
ASSN
7240 CHANHASSEN RD
CHANHASSEN, MN 55317-9503
LARRY P MON
4909 PAYTON CT
EDINA, MN 55435-1544
LOTUS LAKE BETTERMENT ASSN
105 SANDY HOOK RD
CHANHASSEN, MN 55317-9580
LUCI M HARTERT
6371 OXBOW BND
CHANHASSEN, MN 55317-9128
MARK 0 & SUZANNE SENN
7160 WILLOW VIEW CV
CHANHASSEN, MN 55317-7514
MATTHEW T & LISA A KOEPPEN
5410 GROVE ST
EDINA, MN 55436-2210
MICHAEL & KATHRYN SCHWARTZ
469 PLEASANT VIEW RD
CHANHASSEN, MN 55317-9576
MICHAEL CARR &
6369 OXBOW BND
CHANHASSEN, MN 55317-9128
NANCY A ENGASSER
7000 DAKOTA
CHANHASSEN, MN 55317-9583
NICHOLAS J VASSALLO &
6669 HORSESHOE CRV
CHANHASSEN, MN 55317-9526
PAT H FITZSIMMONS &
7400 CHANHASSEN RD
CHANHASSEN, MN 55317.9503
PAUL F & LISA T HUBER
6663 HORSESHOE CRY
CHANHASSEN, MN 55317-9526
PAUL L & DESTINI MOLITOR
748 LAKE PT
CHANHASSEN, MN 55317-9284
PETER J & KATHERINE S DAHL
220 FRONTIER CT
CHANHASSEN, MN 55317-9728
RICHARD J & EUNICE M PETERS
7301 LAREDO DR
CHANHASSEN, MN 55317-9608
ROBERT FLYNN &
40 HILL ST
CHANHASSEN, MN 55317-9586
ROBERT M & ANETTE R BARNHART
6330 SUMMIT CIR
CHANHASSEN, MN 55317-9138
ROLF G ENGSTROM &
7201 FRONTIER TRL
CHANHASSEN, MN 55317-9605
SAMUEL G & LAURIE J CURNOW
650 PLEASANT VIEW RD
CHANHASSEN, MN 55317-9509
SEAN & MELINDA FITZGERALD
630 PLEASANT VIEW RD
CHANHASSEN, MN 55317-8327
PATRICIA A PAULS
11010 OREGON CRY
BLOOMINGTON, MN 55438-2806
PAUL G & KELLEY E KOSMIDES
7636 SOUTH SHORE DR
CHANHASSEN, MN 55317-9400
PAUL T EIDSNESS &
4395 TRILLIUM LN W
MOUND, MN 55364-7713
PHILIP 0 & LUDMILLA J ISAACSON
6633 HORSESHOE CRY
CHANHASSEN, MN 55317-9526
ROBERT B & SUE MIDNESS
112 SANDY HOOK RD
CHANHASSEN, MN 55317-9580
ROBERT H & SALLY S HORSTMAN
7343 FRONTIER TRL
CHANHASSEN, MN 55317-9796
ROBERT P BIRDWELL &
7016 DAKOTA CIR
CHANHASSEN, MN 55317-9581
RONALD C & SHAWN P HAINES
7340 KURVERS POINT RD
CHANHASSEN, MN 55317-7521
SCOTT & JULIE MAEYAERT
7506 ERIE AVE
CHANHASSEN, MN 55317-7903
SEYMOUR S RESNIK
7370 KURVERS POINT RD
CHANHASSEN, MN 55317-7521
PATRICK F & KATHRYN A PAVELKO
7203 FRONTIER TRL
CHANHASSEN, MN 55317-9605
PAUL J & KARl J ROMPORTL
7417 FRONTIER TRL
CHANHASSEN, MN 55317-9722
PETER A MOSCATELLI
102 SANDY HOOK RD
CHANHASSEN, MN 55317-9580
RAYMOND P & ALICIA L BROZOVICH
6609 HORSESHOE CRY
CHANHASSEN, MN 55317-9526
ROBERT F & DIANA L DAVIS
6387 OXBOW BND
CHANHASSEN, MN 55317-9128
ROBERT IAN AMICK
581 FOX HILL DR
CHANHASSEN, MN 55317-9538
ROGER & MARJORIE L KARJALAHTI
7413 FRONTIER TRL
CHANHASSEN, MN 55317-9722
RONALD E HARVIEUX &
6605 HORSESHOE CRY
CHANHASSEN, MN 55317-9526
SCOTT J & DENISE B SMITH
30 HILL ST
CHANHASSEN, MN 55317-9586
STATE OF MINNESOTA-DNR
500 LAFAYETTE RD
ST PAUL, MN 55155-4030
STEPHEN J & JEANNIE L WANEK
6615 HORSESHOE CRV
CHANHASSEN, MN 55317-9526
STEVEN F & PATRICIA L STAMY
491 BIGHORN DR
CHANHASSEN, MN 55317-9298
STEVEN T JENKS
7490 CHANHASSEN RD
CHANHASSEN, MN 55317-9503
SUSAN R APPLEGATE
7360 KURVERS POINT RD
CHANHASSEN, MN 55317-7521
THOMAS & MARILYN PALMBY
114 SANDY HOOK RD
CHANHASSEN, MN 55317-9580
THOMAS M & NANCY S SEIFERT
600 PLEASANT VIEW RD
CHANHASSEN, MN 55317-8327
THOMAS V & DARLEEN TURCOTTE
108 SANDY HOOK RD
CHANHASSEN, MN 55317-9580
TIMOTHY C SAMUELSON &
6381 OXBOW BND
CHANHASSEN, MN 55317-9128
TODD R MAGILL &
20433 CHERYL DR
TORRANCE, CA 90503-1815
STEVEN A & BETH A MCAULEY
20 HILL ST
CHANHASSEN, MN 55317-9586
STEVEN M & MONICA M POSNICK
701 0 DAKOTA
CHANHASSEN, MN 55317-9583
STEVEN T MESTITZ &
7200 WILLOW VIEW CV
CHANHASSEN, MN 55317-7514
T MICHAEL MILLER &
6350 SUMMIT CIR
CHANHASSEN, MN 55317-9138
THOMAS A & JUDY R MEIER
695 PLEASANT VIEW RD
CHANHASSEN, MN 55317-9509
THOMAS M & SUSAN J HUBERTY
6450 FOX PATH
CHANHASSEN, MN 55317-9277
THOMAS W & PAMELA C DEVINE
PO BOX 714
CHANHASSEN, MN 55317-0714
TIMOTHY J & DIANE A MCHUGH
7450 CHANHASSEN RD
CHANHASSEN, MN 55317-9503
WILLIAM & IVY KIRKVOLD
201 FRONTIER CT
CHANHASSEN, MN 55317-9728
STEVEN A & CAROL K DON EN
7341 FRONTIER TRL
CHANHASSEN, MN 55317-9796
STEVEN M GULLICKSON &
6613 HORSESHOE CRV
CHANHASSEN, MN 55317-9526
SUNRISE HILLS
7340 LONGVIEW CIR
CHANHASSEN, MN 55317-9797
TERRY D & DEBRA L VOGT
732 LAKE PT
CHANHASSEN, MN 55317-9284
THOMAS F III & KAREN M CONBOY
6383 OXBOW BND
CHANHASSEN, MN 55317-9128
THOMAS R & AMY B EDSTROM
10 HILL ST
CHANHASSEN, MN 55317-9586
THOMAS W HAROLD
7411 FRONTIER TRL
CHANHASSEN, MN 55317-9722
TODD L & PATRICIA A FROSTAD
561 INDIAN HILL RD
CHANHASSEN, MN 55317-9533
WILLIAM & MARJORIE SPLlETHOFF
4041 GULF SHORE BLVD N #312
NAPLES, FL 34103-3422
Public Hearing Notification Area (500 feet + Riparian)
Near Mountain Lake Association Beachlot
Outlot B, Reichert's Addition
Planning Case No. 06-20
City of Chanhassen
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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 beach lot
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 beachiot is limited to the installation
of 1 dock and 1 canoe rack.
4. The beach lot shall be maintained by the Near Mountain Lake
Association.
5. A II slow - no wakell buoy shall be installed and maiatain.ed.-py-
the homeowners 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 u~der 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: Auqust 3, 1987
:;;jiN:i it L
I . ayor
By: .<(l/ 01_0
Its C er
STATE OF MINNESOTA)
) ss
COUNTY OF CARVER )
/~ The foregoing instrument was acknowledged before me this
~ day of ~ ' 19f~ 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.
Nci~0f~~
__-._"J"~:__~"'l..w'~
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\ '--' ,'<I.v'''''. UNTY
.,~'!" '.' Gl',r.'.JCR CO 1G-91
">.~~1\~":' ,~J My cG:n:r.ission expires 10-
l '\;A_.:t'~~';'" .
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Rev.CMM/9-Z3-80
Attoc.hrn~m -#c
OF CHANHASSEN
LAKE AND
ADDITION
~ This permit and agreement, made and entered into this
/5" day of J;;Ne. , 19 ~J , by and between Bloomberg
Companies Incorporated, and Lotus Lake Betterment Association, Inc.,
(hereinafter referred to collectively as the Applicant), and the
City of Chanhassen, a Minnesota municipal corporation (hereinafter
referred to as the City):
WITNESSETH: That the City, in exercise of its powers
pursuant to M.S. Chapter 412 & 462, and the Chanhassen Zoning
Ordinance, hereby grants to the Applicant herein a non-conforming
use permit to maintain and operate a private neighborhood association
recreational area upon Outlot A, Colonial Grove at Lotus Lake
Second Addition, Carver County, Minnesota (hereinafter Outlot A),
subject to the following terms and conditions, all of which shall
be strictly complied with as being necessary for the protection of
the public interest:
Section 1.
Recitals.
1.01 Prior Platting of Colonial Grove at Lotus Lake. Prior
to the adoption of the Chanhassen Zoning Ordinance (Ordinance 47
adopted February 8, 1972), the plat of Colonial Grove at Lotus
Lake (hereinafter the First Addition) was filed with the Carver
County Minnesota Registrar of Titles. Said plat included two
outlots designated thereon as Outlots 1 and 2.
1.02 Prior Usage of Outlot 1. Said Outlot 1 included frontage
on Lotus Lake, and has, since the time of platting of the First
Addition, been continuously used by the residents of the First
Addition as a lake access, boat launching area, swimming beach, tennis
and recreation area: and as such constitutes a "recreational area"
operated by a residential neighborhood association for which a
conditional use permit is required under section 7.04 of the
Chanhassen Zoning Ordinance.
1.03 Status of Outlot 1 as a Non-Conforming Use. Because the
establishment of said recreational area pre-dates the adoption
of the Chanhassen Zoning Ordinance, said recreational area
constitutes a non-conforming use, the expansion of which is
prohibitied by section 20 of the Chanhassen Zoning Ordinance, unless
a conditional use permit has been obtained first from the City
for such expansion.
1.04 Platting of The Second Addition. Bloomberg, as the owner
of Outlots 1 and 2 in the First Addition, has made application to
the City for the approval of the plat of Colonial Grove at Lotus
Lake Second Addition (hereinafter the Second Addition). By said
plat, Outlots 1 and 2 in the First Addition are divided, so as to
create 31 new lots and one new outlot, designated as Outlot A. Said
Outlot A encompasses that portion of the First Addition which has
been and is now being utilized as the aforementioned recreational
area. Bloomberg means Bloomberg Companies Incorporated.
1.05 Conveyance of., Outlot A to Association. Bloomberg, as
the owner of Outlot A, has informed the City that it has incorporated
the Lotus Lake Betterment Association, Inc. (hereinafter the
Association) as non-profit corporation to which Bloomberg will
convey ownership of Outlot A. Bloomberg has informed the City
that neither it nor the Association will make any alteration of
said Outlot A, and that said Outlot A will be made available
the residents of the First Addition, and the Second Addition, and
to the residents of so-called John C. Lovetang tract (more
particularly described in the documents filed in the office of
the Carver County Recorder at Book 83, page 23, and Book 84,
page 215).
1.06 Purpose of This Permit. The within permit has been
drafted for the purpose of memorializing both those recreational
uses which may be conducted by the Applicant upon Outlot A in
the absence of .the issuance of a conditional use permit and those
activities which would constitute an expansion of the use of said
Outlot A, and thus, require the Applicant to seek a conditional
use permit from the City prior to any such expansion.
Section 2.
Special Conditions.
2.01 Permit Not Transferable. This permit is personal to
the Applicant and to the Association, and is not assignable or
transferable except upon the written consent of the City.
2.02 Release of Bloomberg. The City, upon written request,
shall release Bloomberg from its obligations hereunder upon receipt
of documentation which demonstrates a) the proper incorporation of
the Association pursuant to Chapter 317 of Minnesota Statutes, and
b) the conveyance of title to the Subject Property in fee simple
to the Association for the benefit of all owners of lots in the
First Addition, the Second Addition, and the above described
John C. Lovetang tract. No such release shall be given until such
documentation has been approved by the City Attorney as to legal
sufficiency. No such release as to Bloomberg shall have the effect
of releasing the Association from its obligations, covenants, and
agreements hereunder.
2.03 Rights Under This Permit Not Expandable to Other Owners.
This permit is issued for the benefit of the owners of the forty-one
lots in the First Addition, the thirty-one lots in the Second
Addition, and the one homesite in the above described John C.
Lovetang tract. The Applicant agrees that the use and enjoyment
of Outlot A shall be limited to said owners. The use and enjoyment
of Outlot A may not extend to persons other than such owners.
The term "owners" as utilized in this ~2.03 shall mean and refer
to any natural person who is either a) the record owner of a fee
simple interest, or b) the record owner of a contract for deed
vendee's interest, or c) the holder of any possessory leasehold
-2-
Rev.CMM/9/23-80
interest, in the whole of any such lot or tract, including
authorized guests and family members of any such persons.
In the event that the above described First Addition lots, Second
Addition lots, or John C. Lovetang tract are further divided
subsequent to the date of this permit, the Association shall not
extend usage rights to the owners of the resultant parcels unless
a conditional use permit for a recreational area shall have been
first obtained from the City Council.
2.04 Description of Property Subject to This Permit. The
premises subject to the within non-conforming use permit are
described as follows: .
Outlot A, Colonial Grove at Lotus Lake Second Addition,
according to the map or plat thereof on file and of
record in the office of the County Recorder, in and
for Carver County, Minnesota.
2.05 No Alteration of Outlot A. No portion of Outlot A shall
be developed, altered, or disturbed in any way, except after
first having obtained a conditional use permit from the Chanhassen
City Council for any such development, alteration, or disturbance.
For}th~ p~poses of this permit, normal maintenance of the existing
~N~ ~u~J~LJ foot dock and the existing tennis court and other
existing improvements, normal maintenance and routine mowing of
existing improved lawn areas on Outlot A shall not be deemed to
be an alteration requiring issuance of a City permit.
2.06 Swimming and Picnicing. Outlot A may be used for tennis,
swimming purposes and picnicing purposes by "owners" as that term
is defined in section 2.03 above.
2.07 Buildings. No buildings, ice fishing houses, tool
sheds, or tents may be erected or stored upon Outlot A.
2.08 Mooring Buoys. No mooring buoys shall be placed upon
Outlot A or in the waters adjacent to Outlot A.
2.09 Airplanes. No airplane or
taxied upon, or parked upon Outlot A.
in the waters adjacent to Outlot A.
2.10 Swimming Platforms. Neither the Applicant nor any owner
as hereinabove defined shall erect or maintain any swimming or
diving platform on Outlot A or within the waters adjacent to
Outlot A.
seaplane shall be driven upon,
No seaplane shall be moored
2.11 Certain Structures Prohibited. Except for the construction
of a chain link boundary fence not exceeding five feet in height,
no structure may be constructed or erected upon Outlot A. No
docks, piers, boat racks, or canoe racks shall be constructed or
erected upon Outlot A or in the waters abutting Outlot A.
2.12 Camping Prohibited. No owner, as defined hereinabove, or
other person shall camp overnight on Outlot A.
-3-
2.13 Motor Vehicle Parking. No motor vehicle or trailer
shall be parked or stored overnight or on a permanent basis on
Outlot A.
Section 3.
Miscellaneous.
3.01 Severability. In the event any provisions of this permit
shall be held invalid, illegal, or unenforceable by any court of
competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provisi.on hereof, and the remaining
provisions shall not in any way be affected or impaired thereby.
3.02 Execution of Counterparts. This permit may be simultaneously
executed in several counterparts, each of which shall be an
original, and all of which shall constitute but one and the same
instrument.
3.03 Headings. Headings at the beginning of sections and
paragraphs hereof are for convenience of reference, and shall not
be considered a part of the test of this permit, and shall not
influence its construction.
3.04 Proof of Title. Upon request, the Association shall
furnish the City with evidence satisfactory to the City that it
has acquired fee title to Outlot A.
3.05 Notices. All notices, certificates and other communications
hereunder shall be sufficiently given and shall be deemed given
when mailed by certified mail, return receipt requested, postage
prepaid, with proper address as indicated below. The City and the
Applicant, by written notice given by one to the other, may designate
any address or addresses to which notices, certificates or other
communications to them shall 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
City Hall
7610 Laredo Drive
Chanhassen, MN 55317
Attn: City Manager
To Bloomberg:
Bloomberg Companies Incorporated
551 West 78th St
Chanhassen, MN 55317
To the Associa-
tion:
Lotus Lake Betterment Association, Inc.
c/o Bloomberg Companies Incorporated
551 West 78th St
Chanhassen, MN 55317
3.06 Owners to be Notified of This Permit. The Association
shall furnish each of its members with a copy of this permit within
thirty (30) days of any such member's initial membership in the
Association.
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3.07 Term of This Permit. This permit shall be perpetual.
Section 4.
Enforcement' Provisions.
4.01 Reimbursement of Costs. The Applicant shall reimburse
the City for all costs, including reasonable engineering, legal,
planning and administrative ~enses 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 Applicant. Such reimbursement shall be made within fourteen
(14) days of the date of mailing of the City's notice of costs
as provided in S3.05 above. The Applicant's reimbursement
obligation under this section shall be a continuing obligation
throughout the term of this permit.
4.02
action
of the
within
Legal Proceedings. The City may institute any proper
or proceeding at law or at equity to prevent violations
within permit or to restrain or abate violations of the
permit.
IN WITNESS WHEREOF, the parties hereto have caused
these presents to be executed on this l~ ~ day of 'Ju'AJc;.-
19~.
BLOOMBERG COMPANIES INCORPORATED
LOTUS LAKE BETTERMENT ASSOCIATION, INC
BY~}{~~=
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CIT~, ;:iANH:SS,ENi_i//ft/
By .;/t!h-~ -'. 4.__ ,II,
I ~ ,. E''l'''r I =f- 'j ~ ._~.... /l. _ ___
its 'Mayor
ATTESt]: I
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City Manager
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STATE OF MINNESOTA)
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COUNTY OF (IAl/lNc...'1t-)
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On th1.s (~- day of ~tA.JJ~ , 19 , ,
before me, a notary public, within and for said County, personally
appeared f{~+ IV. ~cr~~~ and L-\), ^,. vvt~ iW)fr~ ,
to me personally known, who, b in~ each by me duly swor~ did :La:{
that they are respectively the I re ct'cl~,-i- and Ul L.t. {~~;
of Bloomberg Companies Incorporated, and that said instrument was
signed in behalf of ~ai~ corporation by authority it its Board of
Directors, and said ~ + N. R,Lcsrrv--t-:.-'-1 and Lu. rn - J4J. 'il.o,.1t of
acknowledged said instrument to be the ~ree act ana deed of sa1.d
corpor a tion. i1JJ....'Y\../'tLG.. /7 F~Ul
Notary Public
STATE OF MINNESOTA)
) ss
COUNTY OF QA1U>G1'L )
On this ,c;'~-- day of T"LA-IVc.:- , 19~\ ,
before me, a notary public, within and for said county, personally
appeared b..,).'(((6..V'-l ~_<:p(l~nr7J.' and w. t'\.t.. Me rl..urh:.e...
to me personally known, who, being each by me duly sworn, did say
that they are respectively the flr.e.\;cl-...--l and VI c:. fk.SI'c:l->J
of Lotus Lake Betterment Association, Inc., and that said instrument
was signed in behalf of said corporation by authority of its
Board of Directors, and said ~lItlu.-C ."f,(~r}l and ~. btt. tt,('- ~*.~
acknowledged said instrument to be the free act and deed of sa~d
corporation.
,
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Fo-LC-U..Jt.-
Notary Public
STATE OF MINNESOTA)
) ss
COUNTY OF )
l~a
.,;.4.-;"':~ LEANNA M. FORCIER
'{;i5.I.~, CARVER COUNTY
'Q'~ NOTARY PUBLIC-MINNESOTA
MY COMMISSION EXPIRES FEB. 16, 1986
On this I~ day of ~ ' 19 ~ I ,
before me, a notary public within d for said county, personally
appeared Tan Hamilton and DOI'lald W. Ashworth, to me personally
known, who, being each by me duly sworn, did say that they are
'respectively the Mayor and City Manager of the corporation
named in the foregoing instrument, and that said instrument was
signed in behalf of said corporation by authority of its City
Council, and said Tom Hamil ton and Donald W. Ashworth acknowledged
said instrument to be the free act and deed of said corporation.
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.~;~:.i;';"'... KAREN J. _' ..;LHARDT
1h ".:.& NOTARY F. _ C - r."~.NESOT"
\~~. Cp..~ ...=8 COUNTY
....~.~..,.. My Co::.,"lss,orl ~''':''C.l .:.,,;t 11, 1885
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CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
IN RE:
Application of~lonial Gro~~
1) Homeowners Asso cl.L..LUH J..\JJ.. cl.
~~Non-confOrming Use Permit
On September 13, 1993, the Chanhassen city Council met at
its regularly scheduled meeting to reconsider the Application of
the Colonial Grove Homeowners Association for a Non-Conforming
Use Permit for the Colonial Grove Recreational Beachlot.
Specifically, the Application, submitted pursuant to section 20-
79 of the City of Chanhassen zoning Ordinance, is to amend the
existing permit by establishing a baseline use of Colonial
Grove's dock for purposes of mooring boats overnight.
FINDINGS OF FACT
AND DECISION
The Planning Commission conducted a public hearing on the
proposed non-conforming use preceded by published and mailed
notice. The Planning Commission heard testimony from the
Colonial Grove Homeowners Association, the Lotus Lake Homeowners
Association, Inc., and all other interested persons wishing to
speak. Based on the hearings conducted and the evidence
received, the City Council now makes the following:
FINDINGS OF FACT
1. That the property is currently zoned R-1.
2. On June 15, 1981, the City of Chanhassen granted to
Bloomberg Companies Incorporated and Lotus Lake Betterman
Association, Inc., a non-conforming use permit to maintain and
operate a private neighborhood association recreational area,
hereinafter referred to as Colonial Grove Recreational Beachlot.
Said non-conforming use permit neither expressly nor impliedly
refers to the number of boats which were moored at the beachlot
overnight in 1981 or the amount which would be permitted in the
future.
3. On February 24, 1992, the Chanhassen City Council
amended Chapter 20 of the Chanhassen City Code concerning non-
conforming beachlots. The amendment to section 20-79 requires
non-conforming recreational beachlots to apply for a permit.
Said permits are issued upon receipt of satisfactory proof
concerning the nature and extent of the legal non-conforming use.
4. Due to the pre-existing permit obtained by the Colonial
Grove Recreational Beachlot in 1981, the only issue which is
considered in the current application is the nature and extent of
the proposed non-conforming use of the Colonial Grove
Recreational Beachlot dock for overnight mooring of boats.
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5. The survey which was taken by the city Lake study
Committee in 1981 and indicates that there were never more than
three boats moored overnight at the dock. This evidence provides
the most accurate benchmark and serves as satisfactory proof that
no more than three boats were moored overnight in 1981.
The accuracy of the survey is supported by the Lotus Lake
Homeowners Association, Inc. letter dated July 20, 1993 and
signed by past and current Board members. Further proof is
provided by the eight affidavits of Georgette Sosin, Harvey
Parker, John Wanielson, Raymond Brizorra, Leann Hanreiux, Linda
Sathre, Mary Jean Totino and Alisha Srozovich, all of which state
that there were never more than three boats moored overnight at
the dock in 1981.
The Applicant's presentation of five affidavits of Colonial
Grove occupants in support of their position that there were
eight boats which used the dock for overnight mooring in 1981 is
not satisfactory proof. The recollection of these five residents
is overcome by the evidence that there was never more than three
boats moored overnight in 1981.
Based on the foregoing, the City Council of Chanhassen makes
the following:
DECISION
1. The non-conforming use of the Colonial Grove
Recreational Beachlot for overnight mooring of boats did not
exceed three (3) boats in 1981. The non-conforming use permit
shall be amended to describe the allowed use of the Colonial
Grove Recreational Beachlot dock for the overnight storage of a
maximum of three (3) boats.
. Ab~~do~~~d by the Chanhassen city Council this
~, 1993.
/3
day of
ATTEST:Q
~fMJ
Don Ashworth,
~
'&rty Manager
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BEACHLOT
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CITY OF CHANHASSEN
RESTATED CONDIT
This restated conditional use permit and agreement made
and entered into this 7th day of July, 1986, by Lotus Lake
Estates Homeowners Association (hereinafter the "Association"),
and the City of Chanhassen, a Minnesota municipal corporation
(hereinafter referred to as the "City"):
WITNESSETH: That the City, in exercise of its powers
pursuant to M.S. ~462.357, and other applicable state law, and
~14 of the Chanhassen Zoning Ordinance, hereby grants to the
Association herein a restated conditional use permit to maintain
and operate a private neighborhood association recreational area
upon Outlot B, Lotus Lake Estates, Carver County, Minnesota
(hereinafter the "Subject Property"), subject to the following
terms and conditions, all 'of which shall be strictly complied
with as being necessary for the protection of the public
interest.
SECTION 1.
RECITALS.
1.01. Prior Platting of Lotus Lake Estates. BT Land
Company (hereinafter "BT") has previously platted tract of land
in the City as Lotus Lake Estates, consisting of 44 residential
lots and 3 outlots.
1.02. Outlot B. In connection with the platting of said
Lotus Lake Estates,BT entered into a development contract with
the City of Chanhassen, dated January 5, 1979, wherein BT agreed
to organize a homeowners association for the purpose of owning
and operating the Subject Property for the benefit of the owners
of properties lying within said plat. Section 28 of said develop-
ment contract provided that BT suffer no alterations of the
Subject Property except after first having obtained a permit from
the City setting forth a plan for the alteration and development
of the Subject Property.
Said Section 28 also provides that, for purposes of
said development contract, said permit would be deemed to be a
conditional use permit and that the application process and pro-
cedure would be as set forth in Section 23 of the Chanhassen
Zoning Ordinance, which sets forth the application procedure for
actual conditional use permits.
1.03. Homeowners Association. BT incorporated the
Association for the purpose of acquiring and maintaining certain
common properties including the Subject Property for the benefit
of the owners of lots in the plat of Lotus Lake Estates.
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1.04. March 10, 1981 Conditional Use Permit. Upon appli-
cation of BT, the Chanhassen City Council on July 21, 1980,
approved the issuance of a permit for the. alteration of the
Subject Property. Said permit, entitled "Conditional Use Permit
Beachlot - Lotus Lake Estates", was executed by BT and the
Association on March 10, 1981.
1.05. June 1, 1981 Application for Amendment of Permit.
On June 1, 1981, the Association, with the knowledge and consent
of BT, filed with the City an application for amendment of the
March 10, 1981 Conditional Use Permit, requesting City approval
of further development of the Subject Property.
1.06. City Council Approval. On August 12, 1981, the
City's Planning Commission held a public hearing on said June 1,
1981, application and approved issuance of a revised permit
authorizing further development of the Subject Property.
1.07. April 22, 1982 Conditional Use Permit. The above
described March 10, 1981 Conditional Use Permit was superceded by
the Conditional Use Permit executed on April 22, 1982.
1.08. July 18, 1984 Application for Amendment of Permit.
On July 18, 1984, the Association filed with the City an appli-
cation for amendment of the Restated Conditional Use Permit
requesting City approval of further development of the Subject
Property.
1.09. City Council Approval. On August 8, 1984, the
City's Planning Commission held a public hearing on said July 18,
1984 application. On August 20, 1984, the City's Board of
Adjustments and Appeals held a public hearing and approved a
variance to allow four sailboat moorings. The City Council, by
its motion of November 19, 1984, approved issuance of a revised
permit authorizing the installation of said moorings.
1.10. May, 1986 Application for Amendment of Permit. The
City of Chanhassen initiated a Conditional Use Permit Amendment
application requesting further development of the Subject
Property.
1.11. City Council Approval. On May 28, 1986, the City's
Planning Commission held a public hearing on the amendment appli-
cation. On July 7, 1986, the City Council approved the issuance
of a revised permit authorizing further development of the
Subject Property.
SECTION 2.
SPECIAL CONDITIONS.
2.01. Permit Not Transferable. This permit is personal
to the Association, and is not assignable or transferable, except
upon the written consent of the City.
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2.02. Rights Under This Permit Not Expandable to Other
'Owne~ This permit is issued for the benefit of the owners of
the 44 lots in Lotus Lake Estates. The Association agrees that
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 S2.02 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.
2.03. Description of Property Subject To This Permit.
The premises subject to the within conditional use permit are
described as follows:
Outlot B, Lotus Lake Estates, according to the map
or plat thereof on file and of record in the Office
of the County Recorder, in and for Carver County,
Minnesota.
2.04. Certain Site Alterations Authorized. The
Association is hereby authorized to install the following
improvements on the Subject Property:
a. 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
b. 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
c. four boat racks to be located on land with a storage
capacity of either six canoes or six small sail boats
per rack; and
d. 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
e. One ten foot by ten foot swimminq 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 one (1) foot
but not more than five (5) feet above the lake surface,
and the corner of said raft shall be reflectorized; and
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f. One conversation pit-fire hole, three (3) feet in
diameter with a six (6) foot apron constructed of brick
or masonry material, to be located landward of the walk-
way and no further north than the northerly line of Lot
32, Block 1, Lotus Lake Estates, extended northwesterly;
and
g. Four sailboat moorings, to be located in the manner
depicted on the site plan stamped "Received June 25,
1986".
Except as provided in this permit, no portion of the
Subject Property may be developed, altered, or disturbed in any way.
?05. Trees. In carrying out the above described altera-
tion~he Association agrees to use every effort to keep tree
loss at an absolute minimum.
2.06.
Reserved.
2.07. Erosion Control. The Association, at its expense,
shall provide temporary dams, earthwork or such other devices and
practices, including seeding of graded areas, as shall be needed,
in the judgement of the City Engineers, to prevent the washing,
flooding, sedimentation and erosion of lands and roads within and
outside the Subject Property during all phases of construction.
BT and the Association shall keep all public streets free of all
dirt and debris resulting from construction upon the Subject
Property.
2.08. Certain Structures Prohibited. Except for the
alterations described in Section 2.04 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.
2.09. Camping Prohibited. No owner, as defined in
Section 2.02 hereinabove, or other person shall camp overnight on
the Subject Property.
2.10. 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:
a. not more than twenty-four canoes or small sail boats may
be so stored overnight in the four boat racks described
in Section 2.04 of this permit; and
b. not more than nine boats, motorized or non-motorized,
may be docked overnight at the docks described in Section
2.04 of this permit.
c. not more than four sailboats at the mooring described
in Section 2.04(g) of this permit.
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Except for construction equipment necessary for the exe-
cution 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.
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.
SECTION 3.
MUNICIPAL DISCLAIMERS.
3.01. No Liability to Suppliers of Labor or Material. It
is understood and agreed that the City, the City Council and the
agents and employees of the City shall not be personally liable
or responsible in any manner to the Association, its contractors,
or subcontractors, materialmen, laborers, or to any other person,
firm or corporation whomsoever, for any debt, claim, demand,
damages, actions or causes of action of any kind or character
arising out of or by reason of the execution of this permit and
agreement or the performance and completion of the work and
improvements hereunder and the Association will save the City,
the City Council, and the agents and employees of the City
harmless from any and all claims, damages, demands, actions or
causes of action arising therefrom and the costs, disbursements,
and expenses of defending the same.
3.02. Written Work Orders. The Association shall do no
work nor furnish materials, whether covered or not covered by the
plan, for which reimbursement is expected from the City unless a
written order for such work or materials is received from the
City. Any such work or materials which may be done or furnished
by the Association without such written order first being given
shall be at its own risk, cost and expense, and the Association
hereby agrees that without such written order, it will make no
claim for compensation for work or materials so done or fur-
nished.
SECTION 4.
MISCELLANEOUS.
4.01. Severability. In the event any provisions of this
permit shall be held invalid, illegal, or unenforceable by any
court or competent jurisdiction, such holding shall not invali-
date or render unenforceable any other provision hereof, and the
remaining provisions shall not in any way be affected or impaired
thereby.
4.02. Execution of Counterparts. This permit may be
simultaneously executed in several counterparts, each of which
shall be an original, and all of which shall constitute but one
and the same instrument.
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4.03. Headings. Headings at the beginning of sections
and paragraphs hereof are for convenience of reference, and shall
not be considered a part of the text of this contract, and shall
not influence its construction.
4.04. 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.
4.05. Notices. All notices, certificates and other com-
munications hereunder shall be sufficiently given and shall be
deemed given when mailed by certified mail, r~turn 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
which notices, certificates or other communications to them shall
be sent when required as contemplated by this permit. Unless
otherwise provided by the respective parties, all notices, cer-
tificates, and communications to each of them shall be addressed
as follows:
To the City:
City of Chanhassen
City Hall
690 Coulter Drive
Chanhassen, MN 55317
Attn: City Manger
To the Association:
Lotus Lake Estates Homeowners Assoc.
Attn: President
P.o. Box 63
Chanhassen, MN 55317
4.06. Owners to be Notified of This Permit. The
Association shall furnish each owner, as that term is defined in
Section 2.02 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 2.02 above, with a
copy of this permit, within thirty (30) days of any such owner's
initial occupancy of any residential structure in Lotus Lake
Estates.
4.07. Term of This Permit. This permit shall expire on
July~ 2010.
SECTION 5.
ENFORCEMENT PROVISIONS.
5.01. Reimbursement of Costs. The Association shall
reimbure the City for all costs, including reasonable engi-
neering, legal, planning and administrative expenses incurred by
the City in connection with all matters relating to the admi-
nistration and enforcement of the within permit and the perfor-
mance thereby by the Association. Such reimbursement shall be
made within fourteen (14) days of the date of mailing of the
City's notice of costs as provided in Section 4.05 above.
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This reimbursement obligation of the Association under this sec-
tion shall be a continuing obligation throughout the term of this
permit.
5.02. Remedies Upon Default.
a. Assessments. In the event the Association shall default
in the performance of any of the covenants and
agreements herein contained, and such default shall not
have been cured within ten (10) days after receipt the
Association of written notice thereof, the City, if it
so elects, may cause any of the improvements described
in the plan to be constructed and installed or may take
action to cure such default and may cause the entire
cost thereof, including all reasonable engineering,
legal and administrative expense incurred by the City,
to be recovered as special assessment under M.S. Chapter
429, in which case the Association agrees to pay the
entire amount of the assessment roll pertaining to any
such improvement within thirty (30) days after its adop-
tion. The Association further agrees that in the event
of its failure to pay in full any such special
assessment within the time prescribed herein, the City
shall have a specific lien on the Subject Property for
any amount so unpaid, and the city shall have the right
to foreclose said lien in the manner prescribed for the
foreclosure of mechanic's lien under the laws of the
State of Minnesota. In the event of an emergency, as
determined by the City Engineers, the notice require-
ments to the Association shall be and hereby are waived
in their entirety, and the Association shall reimburse
the City for any expense incurred by the City in
remedying the conditions creating the emergency.
b. Leqal Proceedinqs. In addition to the foregoing, 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.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed on the ~ day of NOtlE""'bF'R I~~ .
LOTUS LAKE ESTATES HOMEOWNERS
ASSOCIATION
By 1J~()'tyM
Its ~.r
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AndIts v~~:>~.~/Z~
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CITY OF CHANHASSEN
Attest M. &V
City Clerk/Manager
STATE OF MINNESOTA)
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COUNTY OF )
On this t6.{t~ day of kjlNet\~heV , before me, a notary.
public, within and for said county, personally appeared
bqY't A, L0d<!....l'l. and Tt'reA1.ce. {. O'8rre..^-. , to
me pers nally know, who, being each by me duly sworn did say that
they are respectively the President an Vice-President of Lotus
Lake Estates Homeowners Association and that said instrument was
signed on behalf of said authority of its Board of Directors, and
said C:xIJ.j A. lA.' /&'(e..;,... and 7eYem'(?- v: Of 6r;6I.'\ ,
acknowle~ged said instrument to be the free~nd deed of said
corporat10n. ~ ). _
~
Notary Public
..,.".~ RICK D. MURRAY
(J..J.7"'". NOTAAY PUBLIC - ..........
~k\l CARVER COUNTY
~...y Co",,,,lUion Ellplret Aug. 14. ,.
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STATE OF MINNESOTA)
) ss
COUNTY OF CARVER )
On this ~ day of ~~~ , 19J!:, before me,
a notary public, within and for the county, personally appeared
Thomas L. Hamilton and Don W. Ashworth, to me personally known,
who, being each by me duly sworn did say that they are respec-
tively the Mayor and the City Manager of the municipal cor-
poration named in the foregoing instrument, and that the seal
affixed to said instrument is the municipal corporate seal of
said municipality, and that said instrument was signed and sealed
in behalf of said municipal corporation by authority of its City
Council and said Thomas L. Hamilton and Don W. Ashworth
acknowledged said instrument to be the free act and deed of said
municipal corporation.
e KAREN J. ENGELHARDT
'.' . NOTARY PUBUC . MINNESOTA
CARVER COUNTY
My commlaalon expires lO-l~91
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES,
~n=CONDITIONAL USE PERMIT
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MINNESOTA
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 E,Ciurv~s point::)
3. Conditions. The permit is issued subject to the
following conditions:
1. Plans stamped "Received June 4', 1987".
2. Adherence to all conditions -as required by Article V,
Section 9 (11), Standards for recreational beachlots.
3. The beach lot shall be maintained by a homeowners association
or an organization consisting of the subdivision residents.
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.
" ."\.
......
e o. ~..~~ c. .
, i:; ','-'''-
V.,t. Dated: July 20 , 1987
"
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STATE OF MINNESOTA)
) ss
COUNTY OF CARVER )
ps,ga
/ of d--
Pages
,
The foregoing instrument was acknowledged before me this
~ day of , 19&f, by Thomas L. Hamilton,
Mayor, and Do Ashworth, City Manager of the City of Chanhassen,
a Minnesota m nicipal corporation, on behalf of the corporation.
Kt,R~N J. n:Gn~I"'JT ~~~. /J_
NOTA.-,y PUBLIC. r'" ')TA -- - - . ~
CARven c": . '( Not ry P b ~c
My commfs$ion e):, \... 1 '-1G-D1
-:.~''''~'''.(,--""",'A.~' .Site shan ha~ dlrec1.~-iO coUector or aneriaJ street. ai
dermed in the Comprehensive Plan;
B. Emergency vehicle access shall not t \lcent to or located
' , across a street from any residential l ,'/
~ecreational beach lots provided the fOllowing minimum standards
I arc met in addition to such other conditions as may be prescribed
Iln the permit:
1.~.~~~~~na1 beach I,~ts shall have at least 200 feet of lake
~,; 'No, strUeture~' protable chemical toilet, ice fishing house,
camper, trailer, tent, recreational vehicle or shelter shall be
erected, maintained or stored upon any recreational beach lot.
. C. No boat, trailer, motor vehicle, including but not limited to
cars, trucks, motorcycles, motorized mini-bike, all-terrain Ve-
hicle or snowmobile shall be driven upon or parked upon any
recreational beach lot; ,
'ri~ No recreational beach lot shall be used for 'overnight camping.
'.E.. 'Boat, launches arc prohibited.', -,,;; """':'-," ,
F. No recreational beach lot shall be used for purposes of over-
'~ . night storage or overnight mooring of more than three (3)
, ~ motorized ornon-motorizcd watercraft per dock;' If a recrea-
tional beach lot is allowed more than one dock, however, the
~ allowed number of boats may be clustered. Up to three (3) sail
boat moorings shall also be allowed. Canoes, windsurfers, sail
boards, and small sail boats may be stored overnight on any
recreational beach lot if they are stored on racks specifically
. designed for that purpose. No more than one (I) rack shall be
allOwed per dock. No more than siX (6) watercraft may be stored
on a rack. Docking of other watercraft or seaplanes is permissi-
ble at any time other than overnight.
G. No dock shall be permitted on any recreational beach lot unless
it has at least 200 feet of lake frontage and the lot has at least
a 100 foot depth. No more than one dock may be erected on
a recreational beach lot for every 200 feet of lake frontage. In
addition, 30,000 square feet of land is required for the first dock
and an additional 20,000 square feet is required for each addi-
tional dock. No more than three (3) docks, however, shall be
erected on a recreational beach lot.
H. No recreational beach lot dock shall exceed six (6) feet in width,
and no such dock shall exceed the greater .of the following
lengths: (a) fifty (SO) feet or, (b) 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
described in the preceding sentence. The cross-bar of any such
dock shall not measure in excess of twenty-five (2S) feet in
length. ,
I. No dock shall encroach upon any dock set-back zone, provid-
ed, however, that the owners of any two abutting lakeshore
sites may erect one common dock within the dock set-back zone
appurtenant to the abutting lakeshore sites, if the common dock
is the only dock on the two Iakeshore sites and if the dock other-
wise conforms with the provisions of this Ordinance.
J. 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 sail boat mooring shall be allowed for every 200
feet.of lake frontage. ,
K. At least eighty percent (SO%) of the dwelling units, which have
appurtenant rights of access to any recreational beach lot, shall
be located within at least one thousand (1,000) feet of the recrea-
tional beach lot. ,
L. AD recreational beach lots, including any recreational beach
lots established prior to the effective date of this Ordinance may
be used for swimming beach purposes, but only if swimming
areas arc clearly delineated with marker buoys which conform
to United States Coast Guard standards.
M. Each recreational beach lot shall have a width, measured both
at the ordinary high water mark and at a point one hundred
(100) feet landward from the ordinary high water mark, of not
Jess than'four (4) lineal feet for each dwelling unit which has
appurtenant rights of access to the recreational beach lot ac-
cruing to the owners or occupants of that dwelling unit under
applicable rules of the homcowner association or residential
housing developers.
N. Overnight docking, mooring, and storage of watercraft, where
allowed, is restricted to watercraft owned by the owner/occu-
pant or renter/occupant of homes which have appurtenant right
of access to the recreational beach lot.' '
O. The placement of docks, buoys, diving ramps, boat racks, and
other structures shall be indicated on a site plan approved by
the City Council.
13. Electrical substations subject to the following conditions:
A. The substation must be served by a collector or major arterial
street as designated in the Comprehensive Plan.
B. The substation will not have sanitary facilities and will not be
used for habitation.
C. The substantion will be located on at least five (S) acres of
property.
D. A six (6) foot high security fence surround the substation.
E. A landscaping plan be submitted for City approval.
F. Substations shall be a minimum of SOO feet from single family
, residences.
SECTION 10. "BN" NEIGHBORHOOD BUSINESS DISTRICT
S.I~1 INTENT. i.imittd low intensity neighborhood retail and service
establishments 10 meet daily needs of residents.
S-I~2 The following uses are permitted in a "BN" district:
J. - Conveniencr ~fnrfl"< withnll' D"CI. ...............
"----..-. -------... ___ _VOl"
B. Accessory Structure: one story.
SECTION II. "BH" HIGHWAY "f) BUSINESS SERVICES DISTRICT
S-I I-I INTENT. Highway oriented "ercial development restricted 10 a \ow
building profile.
S-I1-2 The following uses are permitted in a "BH" district:
I. Fmancial institutions
2. Fast food restaurant
3. Automotive service stations
4. Standard restaurants
S. Motels and hotels
6. Offices
7. Rctail shops
8. Miniature golf
9. State licensed day care center
10. Car wash
11. Convenience store with or without gas pumps
12. Personal service establishment , '"
13. Liquor stores
14; Health serVices
IS. Utility services
I 6. Shopping center
17. Private clubs and lodges
'18. Community center
19. Funeral homes
S-I 1-3 The following arc permitted accessory uses in a "BH" district:
1. Signs
2. 'Parking lots .
S.114 The following arc conditional uses in a "BH" district:
1. Outdoor display of merchandisc for sale
2. Supermarkets
3. Small vehicle sales
4. Screened outdoor storage
S-ll-S Lot Requirements and Setbacks. The fOllowing minimum requirements
shall be observed in a "BH" District subject to additional requirements,
exceptions and modifications set fonh in this Ordinance.
I. Minimum District Area in Acres: ten (10). (May be waived by con-
ditional user permit if expansion of existing district.)
2. Minimum Lot Area: 20,000 square feet.
3. Minimum Lot Frontage: 100 feet (except lots fronting on a cul-de-
sac shaD have a minimum 60 foot frontage in all districts).
4. Minimum Lot Depth: ISO feet.
S. Setbacks. Off-street parking areas shall comply with all yard re-
quirements of this Section, except that no rear yard parking setback
shall be required for lots directly abutting railroad trackage; and,
no side yard shall be required when adjoining commercial uses
establish joint off-street parking facilities, as provided in Section
7-1.7, except that no parking areas shall be permitted in any required
side street side yard. Minimum rear yard shall be SO feet for lots
directly abutting any Residential District. Side street side yards shall
be a minimum of 2S feet.
A. Front yard: 2S feet.
B. Rear yard: 20 feet.
C. Side yard: 10 feet.
6. Maximum Lot Coverage: 6S0J0
7. Maximum Height:
A. Principal Structure: two stories
B. Accessory Structure: one story.
SECTION 12. "CBD" CENTRAL BUSINESS DISTRICT
S-12-1 INTENT. Downtown business development supporting a strong central
business district while enhancing the overall character of the communi-
ty in conformance with downtown redevelopment plan, goals and
objectives. ,
S.12-2 The following uses arc pennitted in a "CBD" district:
I. Bowling center
2. Retail shops
3. Offices
4. Standard restaurants
S. Liquor stores
6. Entertainment,
7. Convention and conference facilities
8. Financial institutions
9. Health care facilities
10. Hotels
II. Specialty retail (including but not limited to jewelry, book, sta-
tionery, bible, camera, pets, arts and crafts, sporting goods)
12. Supermarkets
13. State licensed day care center as part of shopping center
14. Personal service establishmenlS
IS. Shopping center
16. Health and recreation clubs
17. Fast food restaurants as part of shopping center
'18. Utility services
19. Personal services
20. Apparel sales
21. ,Bars and taverns
22. Cubs and lodges
23. Convenience stores without gas pumps
24. Cultural facilities
2S. Department stores
26. Home furnishings
27. Newspaper offices
28. Multiple family dwellings, including senior citizen housing
29. Print shops
30. Community center
31. Hardware goods
S-12-3 The following arc permitted accessory uses in a "CBD" district:
-.... .
26. Fa," food
27. Automoti'
28. Communi
29. Senior cit;
S-13-3 The fOllOwing
1. Parking Ie
2. Signs
S-I3-4 The following
1. Outdoor l
2. Truck, aut
sales and :
3. Equipmen
4. Screened l
S. Major aulL
S-13-S Lot Requiremc
shall be obscrv.
exceptions and
1. Minimum
2. Minimum J
sac shall h;
3. Minimum,
4. Maximum
S. Setbacks. (
quirements .
shall be reG
no side yar
establish jo
7-1-7, cxccp
SIde street s
dirtctly abu
be a minim
A. Front:
B. Rear :y
C. Side y<
6. Maximum I
A. Princir
B. Access,
SECTION 14. "BF"
S-I4-1 INTENT. Acc(
services. ,
S-14-2 The fOlowing at
1. Automotive
2. Truck/Trail
3. Utility servi.
4. Outdoor dis
S. Cold storag.
S-I4-3 The following a
I. Parking lots
2. Signs
S.I4-4 Lot Rcquiremen
shall be observeti
exceptions and t
I. Minimum L
2. Minimum Ll
sac shall ha\
3. Minimum L\
4. Maximum L
S. Setbacks. 0:
quirements 0
shall be requ
no side yard
establish joit
7-1-7, except
side street sit
directly abutt
be a minimu:
A. Front y.
B. Rear yat
C. Side yar
6. Maximum H.
A. Principa
B. AccessoJ
SECTION IS. "OJ" (
S-IS-IINTENT. Publi,
business and adr.
S.IS-2 The following II!
1. Schools
2. Churches
3. Public buildi
4. Post office
S. Fire station
6. Library
7. Museum
8. Health scrvic
9. Nursing hom
10. Community,
11. Public recrea
12. Utility servic,
13. Professional,
14. Funeral horn
S-IS-3 The following ar
1. Parking lots
2. Signs
S-IS-4 The followins ar,
I. Adaptive reu
private busin.
S-IS-S Lot R....lIir..mrn..
'I ~Idled .residential dndopman at a maximum
~Ihnl UnlU per acre.
~ permitted in an ..R"''' district:
family and multi-family dwdlinp
, parks and open space
tate office and model home
nined accessory uses in In .'R""" dis~:
titional uses in an "R.B" district:
I from le'Yen to sixteen persons
lots
.etb~~k~. ~ foll.owin, minimum requirements
R:8 Distna subject to additional requirements.
ulons set forth in this Ordinance.
lUAre feet per dweUing unit for two-family
'dwellin, unit for townhouses and multi-famlly
t per dwellin, unit for two-family dweDings (ex-
I'. on . cul-de-sac shall be 50 feu in width It
line for two-family dwdlings):
uses and muJtiple family projects.
rage: 3''''
feet.
eet.
~.
ure: three stories/4O feet.
ture: one story/I' feet.
)ENSITY RESIDENTIAL DISTRICT
nd m~ti-fa~ily residential struaures III mu-
dwelling units pa Icre.
:lmniued in an UR_2" district:
mily dwclJings and multi-family dwclJinp
arks and open space
tted accessory uses in an uR_12" district:
ional uses in an "!t-12n district:
from seven to sixteen persons
ts
office and model home
).~ks. !,he ~OD~Wing minimum requirements
R-12 Dlstna subject to additional re.-
d modifications set forth in this Ordinance
~ fee.t per ~welling for two-family dwellings;
weUmg umt for townhouses and mult}-family
~ dwdlina unit fOl' lwo..famDy dwelr (
'. OQ a cukle~-= Ihan be: 50 feet ... ~th e:~
lIDe lor two-family dwdlin,s)'
:a and multiple family projc::r...
se: 35'1.
~.
t.
e: three stories/40 feet.
re: one story/I' feet.
R CONDITIONAL USES IN
AND RESIDENTIAL DISTRICTS
~~~:~i~~;~:~~~e fOllowin, standards
Iblishment
parkinS spaces plus one (J) additional space
lUst be provided;
more than One employee in addition to the
it be owner occupied'
r less rooms ror rent; and
~(~;. rented for more than 7 consecutive days
Persons
t be in compliance with the state licenSing
be in compliance with local bUildin& and
:wed annually through a public hearin~ pro-
I be in compliance with Ordinance No lOB
Treatment Systems. "
tab,les and Riding Academies
be 1ft compliance with Hone Ordinance No.
~e: ~? ~ collector street: and
IRunum of 200 feel from wetland
'101 size.
:S areas, .; wdl .s buildings must be set b k
~'::;;~~I;o~i~i~~~r.w.ys and XW) ;e~
tilled lion,. collector'or minor art . I
""Ptehnnivt' plan: . mOl as
=:,~ be completely lIC1'eened by 100'1.
. Jlld. .haJl be IoCltcd within one mile or
~:'~~~om 7 o'clock a.m. 106 o'clock
__.... I,. Only (work on !\II........_ __..
~\X
It\
O. LJaht sources shall be shl.lded; lIlld
H. No oUtside speaker systems.
1. Churches
A. The sil. shaD be located on . colk:ctor or ar1<ria1 roadw.y as
identified in the oomprehensive plan or located so that access
can be provided without coDductin, traffIC through residen-
tial concentration:
B. The slrUcture must be set bact ~ feet from aD property lines:
C.. Parkinl areas shaD be set back 2..5 feet from streets and
nonresidential property and 30 feet.
D. No more than 70 percent of the site is to be covered with Im-
pervius surface and the remainder is to be suitably landscaped
in conformance with Article VIII.
E. Churches outside the MUSA line must provide the foUowinl
for review:
I) Location of two (2) drainfield sites.
2) Two (2) soil borinp on each drainfield site for a total of
four (4) soil borings.
3) No percolation tests for drainfiekl sites where the land slope
Is b_.... zero and 12",.
4) One (1) percolation test per drainfield site, where the land
slope is betw<m 13", and 2''''.
'> Areas where the land slope exceeds 2ji" shaD not be con-
sidered as, a potential soil treatment sitt.
6) "The sewage treatment system must be in conformance with
Ordinance IO-B.
7) School and daycare uses accessory to the church use are
not permitted unless approved by the City Council.
8. Priva.. S..bles .
A. Compliance with Horse Ordinance No. $6; and
B. Stables must be located a minimum of 200 feet from wetland
.....
9. State Licensed Day Care Centers
A. Site shall have Ioamn. and drop off points desia:ned to avoid
interferint with nafrE and pedestrian movements;
,B. Outdoor play areas shaD be located and designed in a manner
which mitigates visual and noise impacts on adjoinina residen-
tial areas; and
C. Shall ohtain .0 .ppHcable sta.., county, and city liC<II!CS.
10. Hll5pitals - Health Care Faciliti..
A. Site shaD have direct access to rollector 01' anerialstreet. as
defined in the Comprehensive Plan; ...
B. Eroeraeocy vehicle aa:ess shaD not be adjacent to or located
across I street from any residential use.
11. Recreational beach lots provided the foDowinJ mhiimum standards
are met in addition to such other conditions as may be prescribed
in the permit:
A. Rccreational beach lots shaD have at least 200 feet of lake
, lrontage.
B. No structure, protable chemical toUet. ice flShinl' hou$C.
camper. trailer. tent. recreational vehicle or shelter shaD be
erected. maintained or stored upon any recreational beacb loL
C. No boat. trailer. motor vehicle. indudinl but DOt limited to
cars. trucks. motorcycles. motorized mini-bike. aU-terraiD ve-
bicle or snowmobile shaD be driven upon or parked upon any
recreational beach 101. .
D. Nor=eatiooalbeach "'I shall be used for OY<rnJahleampins.
E. Boat launch.. are prohibited. .
F~ No reautional beach lot shaD be used. fOr' purposes of over..
night storage or ovemiJht moorinl of more than three (3)
motorized or non-motorized watercraft per dock. If a recrea-
tional beach lot is allowed more than ODe d~t. however. the
allowal number of boats may be dusl<ral. Up to th,.. (3) sail
boat moorings shaD also be allowed. Canoes. windsurfers. sail
boards. and'small sail boats may be stored overnight on any
recreational beach lot if they are stored on neks specifically
designed fOf' that purpose. No more than one (I) rack shall be
. allowedpel' dock. NomOR than six (6) watercraft may be Stomi
OD a rack. Dodinl of other watercraft or seaplanes Is permissi~
ble at any time otha- than overnight. .
O. No dock shaD be permitted on any recrUtional beacb lot unless
it has at least 200 feet of lake frontage and the lot has at least
. 100 foot depth. No more thlD one dock may be erected on
a recreational beach lot for,every 200 feet of lake frontage. In .
addition. 30,000 square reet of land is required ror the fU"St dock
and an additiOnal 20.000 square feet is required for each addi-
t;ional dock. No more than three (3) docks. however. shaD be
erected on a recreational beach lot.
H: No recreational beach lot dock shall tllceal six (6) feet In width,
and no such dock shall exceed the areater of the following
lensths: (.) fifty ('0) feet or, (b) the minimum str'ishl.lin.
distance necessary to reach a water depth of rour (4) feet. The
width (but not the 1ength)of the aoss-bu of any uT" or "L PO
sh.ped dock. sh.n be Includal in the compu..tion of length
described in the precedinl sentence. Tbe aoss-bar or any such
dock shall Dot measure in excess of twenty-five (25) reet in
length.
l. No dock shaU encroach' upon any dock ICt-back zone, provid-
ed. however. that the owners of any two abutting lakeshore
sites may erect one common dock within the dock set-back zone
appunenant to the abutting lakeshore sites. if the common dock
Is the only dock on the two 101,,:sOOre si... and if the dock oth..-
wile conforms with the provisions or this Ordinance.
,J. No sail boat moorinlshall be permitted on any recreational
beach lot unless it has at least 200 reet of lake rrontage. No
more than one sail boat moorinl shall be aDowed for every 200
feet of lake frontalC'.
K. AIl<asl <iShty percent (SO"') of the dwd1ins units, which have
appurtenant riahts of access to any ftlCmltional beach lot. shall
be located within at least one thousand (1.000) feet of the recrea-
tional beach lot.
L. AD recreational beach lots. indudin. any recreational beach
lots established prior to the effective date or this Ordinance may
be used ror swimmina beach purposes, but only if swimmina
areas are clearly delineated with marker buoys which conform
to United States Coast Cuud standards.
M. Each recreational beach lot shaD have a width. measured. both
at the ordinary high water mark and It a point one hundred
(100) feet landward from the ordinary hiah water mark. of not -
less than fow (4) lineal feet for each dweUina unit which hu
appurtenant rights of access to the reautional beach lot at-
cruina to the ownen or occupants of that dweDin, unit under
llPplicab1e rules of the bomeowner associatiOD or residential
housina developers.
N. Overnight dockin.. maorin.. and storare of watercraft. where
allowed. is restricted to watercraft owned by the owner/occu-
panl or renter loecupant of homes which have .ppurtenant right
01 access to the recreational beach lot.
O. The placement of docks. buoys. divinJ rampa. boat racks, and
other slruc:tures Ihall be indicalell on a sile plan .pproved by
the CilY Couoc::iJ:.
13. Electrical substadons subject to the rollowin. conditions:
... T'" ........ti_ _".. hi' ~ hv. mUedo, Of mlioparterial
"
ni, . ,J
I1.UtilitYRf'Yka .,.,.:;..~~"" ;...,,~' .',".. : ·
12.ShopplngC<Dl<r. ~'1'.:tI~J,~V~~".M'.r'" ''''. a. ......,
::: ~=u~~;'C::::' Iodles'~ ~~~:~~~;~ ::.~~::::.;~:><:~. ... ~ ; ;E"?:~ ==- ~
'.1().3 The fonowin. are permittal aceesoory ..........,... _.~:,' , > "''f';1. ......,
I. Parkin8"''' ... :. .....,.'... .. .. ,.:..';.'{..~t .....-
2. ~ wash (when accnsory.tc) aurOmodYe ~ 1Ia.d~):~~';..~:-:.-~.:Z~:.:.~s.',.........1"!>
3. Signs. - . - .,'.,." ""'-;',. ,..._,.-.<:..>S':~\>'ot.~*,"'"
'-10.4 The fonOW~8 are conditioo.1 uses In . "BN" disttlct::i.:.,.. "./V':\;;:~'."::"'- - ·
1. ConvenlCRcc store with ps pumps. ~. " '_;" '., ..: _..~ ~...:.~\~).:<,,;: ,'." "..",0 -....
2. Automotive service SlIdons .-,'.. ,"".:t,~:-,._.:,.,.t:'-""':>~'.' SItCI10N 11-.cr
3. Drive-in banks inclu~1 automated kiosks ~-, :. .:...,j,~.'~)~<~:;.~':."..l).1 Dc1'IN1'......
4., Temporary outdoor display of merchandise for .le ~._~;,l~-i~.';~.::"'~' .... ....... ,
,. Standard res..urants -. '..:,.;.,"" '-1),1 Tho r--.,
IS. Bed and breakfast estabnshments ," ,;:... ..::;.. .y.,..- .1. ......-.
'.10-5 Lot Requirements and Setbacks. The foDowinl minimum requirements 1. 0., can Clr
shallbeobs<rvalit...BN.DmrictsubjcctlOadditionalrequiran...... . 3. ~
exceptions and modincations set rorth in this Ordinance. 4. SI:aatud It
I. Minimum District Area in Aaes: three (3). This requirement may ',. _.
be waived if expansion of existiDJ district. . . Apparel.1
2. Mininlum Lot Area: 1$,000 square f.... 1. I'<nonal...
3. Minimum Lot Frontage: 7$ fed (except lots frontin. on a cul-de- .:.. Health and
sac shall have a minimum 60 foOl frontage in all districts.) . tIonSpeclaJty..
4. Minimum Lot Depth: 1'0 feet. . <ry, bib
,. Maximum lot coveraae.lncludinl aD sbuautel and paved surfaces 1101, ~~pp)j
~DbeM~ .T~~~
,. Setb.cks. Off..treet parkinS ar<aJ shaD conip/y whh .n yard re- :~. ~1IllIlldaJ b-
quiranents or this Section. except thll DO rear yard parkinl setback . ~spapeT
shaD be required for Iou directly abuttiD& railroad trackage: and. :~. ,=tc dul
.no side yard shaD be required when adjoinin, commerdal usa: . .ture ,
establish joint off-ltreet parkinl facilit1es. u provided in Section :~. =~ '
1-1-1. except thai: no parking areas shaD be permitted in any required . os
side street side yard. Minimum rear yard shaD be '0 feet for lots . ::. ~~
directly .bullins any Resid..tial District. Side ,tmlS sid< yards shall 20' Mealthls can:
be a minimum or 2ji feet. . oce
A. Front yard: 3' feet. . 21. Su~art'
B. Rear yard: 30 feet. 22~ Home IIDpr.
C. Sid. yard: " feet. 13. ~ C<l..,
1. Maximum HOShI: 2-1. Utility .....
A. Principal Structure: one story. 25. Ban and ta
B. Aa:essory Structure: one story. ' 26. Fast f~ It
SECTION II. "BH" HIOHW A Y AND BUSINESS SERVICES DISTRICT 21. Automon_v.
'-II-I IN!ENT. Hishway oriental colllll1<rcial devdopmalt r<strictalto . low ~: ~:=
, II 2 ~d~ pr?file. ittal . "BH. if trict. '.1)'31be foDo..... ·
. ~ 0 ow.ml. ~s ~ penn U1 a IS. l;' Pwtial"~
1. Fmancial instituuons . 2 S'
2. Fast ro~ restau~nt . :5-13...4 ~ f:'.., a
3. Automotive lIeI'VlCC stations -. 1. Oufd dis
... Standard restaurants .'.,. i Trod. oor to
,. Motels and hotels . ilia ~ .1
,. Olr",.. . 3 Equ' t
1. R<tail shOJls "~'4: ~.. ,
a. Miniature lolf ,. Major.:
9. S.... lcenxd d.y eare C<Dtcr . '.13-' Lot RequlmD..
10. Car wash . <, .sIuIlI be__
11. Conveniencc~ore with or without ps pumps : ~'::;" . c:llCqldoas aDd I
12. Pcnonal serYlCC estabtishment ;,~., 1.. Minim.... L
. 13. LIquor stores -. .. 1. MinIm L
14~ Health services . ~:'~.:;~i:~,' IK m: b.I'
IS. Utility.....ic.. . -....,'.:.c3. MinlmtaD ~
16. Shoppml center ": ':~;t.' 4., Muimum k
11. Priv... d.ubs lIlld lodS" ..'.\ ... ,.. S<tbactL 0
11. Commumty center ' . " . ."quirancats D
19. Funeral hom.. .. shaD be
'-11-3 The foDowina are permitted ac:eessory uses in a HBH'. disbict: DO side rtq\
I. Sis" _blis1l)::;
2. ParklnllotJ :....i,~}~~.,;;-?<~. 7-1-7
'-11~ The foDowinl are conditional uses in a "BH" distrkt:,"~.'<.t.,-..'..~~ . aide =:
I. Outdoor display of merchandise for sale _:'"-~ ;~~".~;' cIiRc:dy abut
-~: ~~:~~ sales .,. \~j~,(.;;;.'.>,. ' "~.. =~
4. Screened outdoor storage "'.:": B Rear ~
'~11.' Lot Requirements and Setbacks. 1be roDowinS minimum requirements. ., c.. Side,.
shaD be observed in a uBH" District subject to additloaal requfraneao. . il-:t'~''j~-. Madmllbll to
exceptions and modifications Jet forth in Ibis OrdiD.ance. . ~ A. Prtodp.
1. Minimum Distric:tArca in Aacs: teft (10). (MaybewaiYcd byC:OD- . 8. Ao:aIc
ditional user permk if upansion of cx.iscm. district.) SECTION 1'" ....... I
2. Minimum Lot Area: 20.000 square fed. ,..1....1 INTENT. A<<o
3. Minimum Lot FrontaJC: 100 red (except loti froatift, on a all4e- ' .-rieeL
laC shaD have I minbnum 60 root frontqe in aD districb). '-1....2 The I..... 1ft
4. Minimum Lot Depth: 1'0 feet. S. A_VI
. ". Setbacks. orr..treet parkinS ....s shaD comply wilh .u yard re- 1. Tnod:tr..1k
quiranmts of this Seaion, tll<<Jll that... - yard parkins ",back J. UtiIity_
shaD be required for lots directly abuttin. railroad tractalt: and. 4. Outdoor dill
DO side yard shaD. be required when adjoinina commercial UJCS ,. Cc&d lIOn.
....bUsh joinl off.street parkln8 facilities. os JlIOvidalln Section '.1"3 The followiDJ .
1.1.1, tlle<pt that no parkins..... shallbepermilltd ...nyrequind I. PaRlnJ lots
sid. street sid. yard. Minimum rear yard shall be SO feet for lots 2. Sips
directly .buttlns any R..idmtia! District. Side str<d side yardJ shall '-14-4 LoI Rcquir.....
be a minimum or 2j reeL shall be obscrYu
A. Front yard: 2S feet. ."".0" and
B. Rear yard: ~ feet. I MinlmtaD L
C. Sid. yard: 10 feet. 2: MinImum L
6. Maximum Lot Coverage: 6'" ac shaI Ita
1. Maximum Height: '3.. Minimum 1
A. Principal Structure: two stories 4. Maximum I
B. Aa:essory Struaure: one story. ,. SetbacU. C
SECTION 12. "CBD" CENTRAL BUSINESS DISTRICT quIran....,
'-12-1 INTENT. Downtown business development sUpporUn.altrona central .baD be req
business district while enhandn& the overall character of the communi- DO side yar
ty in conronnance with downtown redevelopment plan. JOIls and establish joi
objectives. . 1-1-1. Clt:epl
'-12-2 The foUowin. uses are permitted in a .'CBD" district: . Iklc: street. s
I. BowHn8 =1.. din:clIy abu
1. R<taa shops be . minim
3. Olr",.. A. Front.
4. Standard restAurants B. Rrar y
,. Liquor stores J;. Side To
6. Entertainment 6. Muimum I
7. Convention and conference facilities A~ Princil
8. Fmanci~ institutions B.. , Au::rt:ss
9. Health car. f.ciliti.. SECTION U. '"OS"
10. Hol<ls '.1'-1 INTENT. Put
II. Specia1ty r<taiI Oncludins bul _ IImit<d to Jewdry, book, g- businca and..
tionery, blbl., cam.... J>OU, arts and erafts. sportins soods) '-1'-21be followiDs
12. Supermarket> . I. Schooll
13. State IcenJed day earc center . part of shoppin. center 2.. o..rcba
14. PcrsonallCfYicc establishments 3. Pubic bw1
I'. Shoppin. ....,.. 4. POll ofIl<<
16. Health and rcc:reation dubt ,. Fbe ..dOl
:~: ~:t~~=unn.. as part 01 shoppinJ carter ~ ~':u1.
IQ. P1!nonal JervK:cs I. Health set'
Asleson, Don
From:
Sent:
To:
Subject:
Haak, Lori
Wednesday, May 03,20064:37 PM
Asleson, Don
FW: Near Mountain Lake Association beach lot
From:
Sent:
To:
Cc:
Subject:
Fauske, Alyson
Wednesday, May 03, 20064:32 PM
Haak, Lori
Oehme, Paul
Near Mountain Lake Association beach lot
There is no parking lot provided or proposed for this beach lot. In the past, vehicles park on both sides of Pleasantview
Road, a bituminous street with no curb or gutter. The width varies, but is approximately 26 feet wide. The City's current
standard for a public residential street is 31 feet wide. Travel lanes should be minimum 11 feet wide. A parked vehicle
typically takes up 8 feet.
Staff is concerned that to further intensify the use of the site would increase the amount of on-street parking on a
substandard street that has poor sightlines.
1
Page 1 of 1
Haak, Lori
From: Whiteman, Jeremy [Jeremy.Whiteman@adc.com]
Sent: Friday, April 28, 200612:27 PM
To: Haak, Lori
Subject: Planning Case No.: 06-20
Lori:
In regards to Planning Case No.: 06-20 which is the Near Mountain Lake Association Beach Lot's request to add a second dock,
I am wondering where the people who use the dock will park. That is an awful stretch of Pleasant View and it is
already dangerous when there are one or two cars parked on the street. If a second dock is added, what provisions are being put
into place to ensure safe parking?
Thanks,
Jeremy Whiteman
5/8/2006
Planning case 06-20
RECEIVED
MAY 0 9 2006
C\TV OF CHANH~SEN
5/7/06
Chanhassen Planning commission
7700 Market Blvd
PO Box 147
Chanhassen, MN 55317
We have lived on Lotus Lake for nearly 28 years. During those years many changes
have occurred with the growth of the city and the property around the lake. We
remember when the houses of the Near Mountain Association were constructed. We
have seen other associations form and have seen their impact on the lake.
The families in the Near Mountain Association are exemplary in the care and use of the
lake. The beach is well cared for. There have been no incidents that we are aware of
where noise or litter caused a problem. It seems unfair for the owners not to be allowed
one boat. Since the shore is not sand, a dock would seem the best solution. Since the
water near that part of the shore is heavily weed-infested, additional dock space will
not interfere with recreational use of the lake.
We believe that the request should be approved so that each owner can dock one
boat.
J. eter & Jane A Thielen
665 Pleasant View Road
Chanhassen 952-474-1597