Findings of Fact
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
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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.
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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.
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