Loading...
Ordinance 152CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 152 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE ZONING ORDINANCE The City Council of the City of Chanhassen ordains: Section 1. Section 20-1, Definitions is hereby amended by adding the following: Bluff. Bluff means a natural topographic feature such as a hill, cliff, or embankment having the following characteristics: (1) The slope rises at least 25 feet above the toe of the bluff; and (2) The grade of the slope from the toe of the bluff to a point 25 feet or more above the toe of the bluff averages 30% or greater. (3 ) An area with an average slope of less than 18% over a distance for 50 feet or more shall not be considered part of the bluff. Bluff Impact Zone. Bluff impact zone means a bluff and land located within 20 feet from the top of a bluff. Vegetation Clearing. Vegetation clearing means the complete removal of existing vegetative cover in such a manner as to expose the soil to air and water erosion. Toe of the bluff. Toe of the bluff means the point on a bluff where there is, as visually observed, a clearly identifiable break in the slope, from flatter to steeper slope above. If no break in the slope is apparent, the toe of the bluff shall be determined to be the lower end of a 50 foot segment, measured on the ground, with an average slope exceeding 18%. Top of the bluff. Top of the bluff means the point on a bluff where there is, as visually observed, a clearly identifiable break in the slope, from steeper to gentler slope above. If no break in the slope is apparent, the top of the bluff shall be determined to be the upper end of a 50 foot segment, measured on the ground, with an average slope exceeding 18%. it • • Section 2. Chapter 20 of the Chanhassen City Code is amended by adding Article XXVIII to read as follows: ARTICLE XXVIII. BLUFF PROTECTION Section 20-1400. Statement of Intent. Development, excavation, clearcutting and other activities within the bluff impact zone may result in increased dangers of erosion, increased visibility to surrounding properties and thereby endanger the natural character of the land and jeopardize the health, safety, and welfare of the citizens of the City. To preserve the character of the bluff impact zone within the City, alteration to land or vegetation within will not be permitted except as regulated by this Article and by the regulations of the underlying zoning district where the property is located. Section 20-1401. Structure Setbacks. (1) Structures, including" but not limited to decks and accessory buildings, except stairways and landings, are prohibited on the bluff and must be set back from the top of the bluff and toe of the bluff at least thirty (30) feet. (2) On parcels of land on which a building has already been constructed on June 1, 1991, the setback from the top of the bluff is five (5) feet or existing setback, whichever is more, for additions to an existing building. Any new buildings will have to meet the 30 foot setback. Section 20-1402. Stairways, Lifts and Landings. Stairways and lifts may be permitted in suitable sites where construction will not redirect water flow direction and/or increase drainage velocity. Major topographic alterations are prohibited. Stairways and lifts must receive an earth work permit and must meet the following design requirements: (1) Stairways and lifts may not exceed four (4) feet in width on residential lots. Wider stairways may be used for commercial properties, public open space recreational properties, and planned unit developments. (2) Landings for stairways and lifts on residential lots may not exceed thirty-two (32) square feet in area. Landings larger than thirty-two (32) square feet may be used for commercial properties, public open space recreational properties, and planned unit developments. 0 (3) Canopies or roofs are not allowed on stairways, lifts, or landings. (4) Stairways, lifts and landings may be either constructed above the ground on posts or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion. (5) Stairways, lifts and landings must be located in the most visually inconspicuous portions of lots. (6) Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed, provided that the dimensional and performance standards of sub - items (1) to (5) are complied with. Section 20-1403. Removal or Alteration of Vegetation. Removal or alteration of vegetation within a bluff impact zone is prohibited except for limited clearing of trees and shrubs and cutting, pruning and trimming of trees to provide a view from the principal dwelling site and to accommodate the placement of stairways and landings and access paths. Removal or alteration of vegetation must receive prior approval of the Planning Director or designee. An on site review • will be made to determine if the removal or alteration of vegetation will require new ground cover. In no case shall clear cutting be permitted. City staff will work with the property owner to develop a mean of creating a view while minimizing disturbance to the bluff impact zone. Section 20-1404. Topographic Alterations/Grading and Filling. An earth work permit will be required for the movement of more than ten (10) cubic yards of material within bluff impact zones. The permit shall be granted if the proposed alteration does not adversely affect the bluff impact zone or other property. Topographic alterations/grading and filling within the bluff impact zone shall not be permitted to increase the rate of drainage. The drainage from property within the bluff impact zone may not be redirected without a permit_ from the City. Fill or excavated material shall not be placed in bluff impact zones. Section 20-1405. Roads, Driveways and Parking Areas. Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff impact zones when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to not cause adverse impacts. 3 Section 20-1406. Official Map. This Article shall apply only to the bluff impact zones located on the official bluff impact zone map dated June 1, 1991, as amended from time to time, which is incorporated herein by reference and which is on file with the City Clerk. The official map may be administratively changed by the Planning Director based upon the submittal of topographic survey data prepared by a registered engineer or surveyor. Section 20-1407. Reconstruction of Lawful Nonconforming Structures. Lawful nonconforming structures that have been damaged or destroyed may be reconstructed provided that it is reconstructed within one year following its damage or destruction and provided the nonconformity is not materially increased. Section 3. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this day of (9& , 1991. ATTEST: Don Ashworth, Clerk/Manager Donald J Chmiel, Mayor (Published in the Chanhassen Villager on October 24, 1991.) 4 pec tion 20-1404.Topographic Altera- tions/Grading and Filling. Affidavit of Publication An earth work permit will be re- quired for the movement of more than ten Southwest Suburban Publishing (10) cubic yards of material within bluff impact zones. The permit shall be granted if the proposed alteration does not adversely affect the bluff impact zone or other property. • State of Minnesota ) Topographic alterations/grading and filling within the bluff impact zone shall )SS. not be permitted to increase the rate of drainage. The drainage from property County of Carver ) within the bluff impact zone may not be redirected without a permit from the City. Fill or excavated material shall not be placed in bluff impact zones. Stan Rolfsrud, being duly sworn, on oath says that he is the publisher or the authorized agent of the publisher of Section 20-1405.Roads, Driveways the newspapers known as the Chaska Herald and the Chanhassen Villager and has full knowledge of the facts and Parking Areas. Reader driveways, and parking areas herein stated as follows: (A) This newspaper has complied with the requirements constituting qualification as a legal newspaper, as provided must meet structure setbacks and must by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. not be placed within bluff impact zones �711 (B) The printed public notice that is attached to this Affidavit and identified as No. was published on when other reasonable and feasible place- ment alternatives exist. If no alterna- the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part tives exist, they may be placed within of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the these areas, and must be designed to not lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as be' the kind and size of type used cause adverse impacts. in the composition and publication of the Notice: Section 20-1406.Official Map. This Article shall apply only to the abcdefghijklmnopgrstuvwxyz bluff impact zones located on the official bluff impact zone map dated June 1, 1991, as amended from time to time, Y which is incorporated herein by refer- Stan Rolfsrud, neral Manager ence and which is on file with the City Clerk. The official map may be admin- istratively changed by the Planning Di- Subscribed and sworn before me on rector based upon the submittal of topo- graphic survey data prepared by a regis- tered engineer or surveyor. Section 20-1407.R of this Ta of 1991 Y ' ESA W. LAW � Lawful Nonconforming Structures. ' y a s ;�� ABY Pva�lc f c:, A I-lctV1VPIN COUNTY Lawful nonconforming structures that v =�' MY COMMISSION EXPIRES 3.8.96 have been dame or destroyed may be I ` i f .► v� ' " reconstructed provided that it is recon'- structed within one year following its Notary Public damage or destruction and provided the nonconf amity is not materially increased. Section 3. This ordinance shall be RATE INFORMATION effective immediately upon its passage Lowest classified rate paid by commercial users for comparable space................ $7.12 per column inch and blieation. MASSED y ............................................... Maximum rate allowed b law for the above matter $7.12 per column inch AND ADOPTED by the Rate actually charged for the above matter.............................................................. $5.84 per column inch Chanhassen City Council this _day of___, 1991. ATTEST: Don Ashworth, Clerk/Manager Donald J. Chmiel, Mayor (PublMW ip the Chanhassen Vinagcr Thursday, October 24,1991; No. 711) CITY OF CHANHASSEN CARVER AND HENNEPIN COUN'T'IES, MINNESOTA ORDINANCE NO. 152 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE ZONING ORDINANCE The City Council of the City of Chanhassen ordains: Section 1. Section 20-1, Definitions is hereby amended by adding the follow- ing: Bluff. Bluff means a natural topo- graphic feature such as a hill, cliff, or embankment having the following char- acteristics: (1)Mw slope rises at least 25 feet above the toe of the bluff; and ppw grade of the slopefrom the f toe of the bluff to a point 25 eet or more above the toe of the bluff averages 30% or greater. (3)An area with an average slope of less than 18% over a distance for 50 feet or more shall not be considered part of the bluff. Bluff Impact Tone. Bluff impact zone means a bluff and land located within 20 feet from the bop of a bluff. Vegetation Clearing. Vegetation cleating means the complete removal of existing vegetative cover in such a man- ner as to expose the soil to air and water erosion. Toa of tie ,blon Toa Ae bluff means the point on a bluff where there is, as visually observed, a clearly identifi- able break in the slope, from flatter to sboeper slope above. If no break in the slope is apparent, the toe of the bluff shall be deberminW to be the lower end of a 50 mot slopw* the Q( so h6a At-onbluff rnwM qfta bis, as a#i1 R, Nd, a 'itlantifi- ablee in the shape, fim steeper to gentler slope above. If no break in the slope is apparent, the top of the bluff shall be determined to be the upper end of a 50 foot segment, measured on - the ground, with an average slope exceeding 18%. Section 2. Chapter 20 of the Chan- hassen City Code is amended by adding Article XXVIII to ' read as follows: ARTICLE XXVIII. BLUFF PROTECTION Section 20-1400. Statement of In- tent. Development, excavation, clearcut- ting and other activities within the bluff impact zone may result in increased dangers of erosion, increased visibility to surrounding properties and thereby endanger the natural character of the land and jeopardize the health, safety, and welfare of the citizens of the City. To preserve the character of the bluff impact zone within the City, alteration to land or vegetation within will not be permitted except as regulated by this Article and by the regulations of the underlying zoning district where the property rs located. Section 20-1401.Structure Setbacks. (I)Structures, including but not lim- ited to docks and accessory buildings, except stairways and landings, are pro- hibited on the bluff and must be set back from the top of the bluff and toe of the bluff at least thirty (30) feet. (2)On parcels of land on wnicn a building has already been constructed on June 1, 1991, the setback from the top of the bluff is five (5) feet or existing, setback, whichever is more, for additions to an existing building. Any new bpildings will have to meet the 30 foot setback. Section 204402.Stairways6 Lifts and I-andin#s.' Stairways and lifts may be permitted in suitobte- sites where construction will not redirect water flow direction and/or increase drainage velocity. Major topo- graphic alterations are prohibited. Stair- ways and lifts most receive an earth work permit and mist meet the following design requirements: (I)Stairways and lifts may not ex- oeed fir (4) meet in width on residential lots. Wier stairways may be used for commercial properties, public open space recreational properties, and planned unit developments. (2)Landings for stairways and lifts on residential lots may not exceed thirty- two (32) square feet in area. Landings larger than thirty-two (32) square feet may be used for commercial properties, public open space recreational proper- ties, and planned unit developments. (3)Canopies or roofs are not allowed on stairways, lifts, or landings. (4 )Stairways, lifts and landings may be either constructed above the ground on posts or placed into the ground, pro- vided they are designed and built in a manner that ensures control of soil ero- sion. (S)Stairways, lifts and landings must be located in the most visually incon- spicuous portions of lots. ,6 sucb as, or t�wn- b t own- MIN - Section 20-1403.Removal or Altera- tion of Vegetation. Removal or alteration of vegetation within a bluff impact zone is prohibited except for limited clearing of trees and shrubs and cutting, pruning and trim- ming of fives to provide a view from the principal dwelling site and to accommo- date the placement of stairways and land- ings and access paths. Removal or alteration of vegetation must receive prior approval of the Plan- ning Director or designee. An on site review will be made to determine if the removal or alteration of vegetation will require new ground cover. In no case shall clear cutting be permitted. City staff will work with the property owner to develop a mean of creating a view while minimizing disturbance to the bluff impact zone.