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HomeMy WebLinkAbout96-042 Picnic Shelter Info MEMO TO: FROM: DATE: RE: BLAIR TREMERE, ACTING PLANNING DIRECTOR DEB GARROSS, ASSISTANT CITY PLANNER NOVEMBER 30, 1994 WILLOW BEACH ASSOCIATION PICNIC SHELTER ISSUE The purpose of this memo is to advise you of the result of my research regarding the issue of locating a picnic shelter on Lot 2, Block 1, Willows First Addition. A picnic shelter/bathroom facility is a use consistent with a private beach association. In order to a picnic shelter/bathroom on the property, a building permit must be obtained from the City of Prior Lake. A conditional use permit is not required. The following outlines the general building permit procedure: 1. A building permit for the picnic shelter, with all materials required by the Building Inspection Department would need to be filed by the president of the homeowner's association. 2. The building permit submittal would be reviewed by the Building Inspection, Engineering and Planning Departments. Provided the structure meets all applicable City Codes and Ordinances, a building permit would be issued. HISTORY OF THE SUBJECT SITE: The beach association property was specifically called out on the preliminary plat map of The Willows First Addition as "Private Beach Association." The final plat was approved by the Scott County Board of Commissioner's on June 24, 1968. The subdivision was platted under the jurisdiction of Spring Lake Township. There is no development plan on file for the beach association lot. CURRENT STATUS OF THE SUBJECT SITE: The beach association lot is a grandfathered lot of record, the use of which was established as part of the platting process for The Willows First Addition. As such a conditional use permit is not required. In addition, the DNR, in the late 1980's, grandfathered the docklboatslip part of this as well as all other existing beach associations, on Prior Lake. Beach associations may be developed in any district abutting a public lake in Prior Lake, regardless of the zoning district. The Zoning Ordinance, Section 4.1 H and I contains provisions for the creation of common beach associations for new subdivisions and existing properties, under specified conditions. The subject site was brought into the City of Prior Lake via annexation of part of Spring Lake Township in 1973. As such it may be developed with uses commonly associated with beach associations such as picnic shelters, pavilions and bathroom facilities, that meet Building Codes and applicable provisions of the Zoning Ordinance. There is no provision in the Zoning Ordinance which prohibits development of a structure related to the planned "Private Beach Association" use of Lot 2, Block 1, The Willows First Addition. PREVIOUS CITY ACTIONS RELATED TO BEACH ASSOCIATIONS: The majority of beach associations have been created at the time of subdivision or have been brought into the community via annexation and are considered grandfathered lots of record. The only conditional use permits granted to beach associations were CU87-02 and CU87-04 both granted to Outlot A, Island View 5th Addition to create back lot access for 31 lots. There are no development plans on file for any of the beach associations existing on Prior Lake with the exception of Windsong on the Lake. The Windsong beach association development plan was approved as part of a PUD amendment for the subdivision. The following structures on beach association properties were grandfathered via annexation or granted permits, by the City: 1. Picnic shelter with bathroom -' Outlot C, Windsong on the Lake. Building Permit 88-77 and Plumbing Permit 88-68. 2. Picnic shelter - Outlot A, Watersedge 2nd Addition. 3. Picnic shelter - Oakland Beach Association - grandfathered. 4. Satellite bathroom - Lakeside Manor Association. 5. Pavilion - Outlot B, Island View 1st Addition. Building Permit 88-159. 6. Pavilion - Outlot A, Island View 5th Addition. Building Permit 94-441; Variance 94-23 and Conditional Use Permits 87-02 and 87-04. CONCLUSION: There appears to be two factions regarding development of the common beach association property, those who desire a picnic shelter/bathroom, and those who do not. Attorney David Kracum represents the association members opposed to the picnic shelter/bathroom while Richard Bihler, President of the Willow Beach Association represents members who want the facility. The issue of whether the association agreements permit such a structure is a private matter requiring resolution between association members, not the City of Prior Lake. The City of Prior Lake is a neutral party that should limit participation in this matter to building permit review only. All other matters are private and should not be "refereed" by the City.