1b. City Code Amendments to Chapter 20
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
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Phone: 952.227.1100
Fax: 952.227.1110
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Web Site
www.ci.chanhassen.mn.us
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MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM:
Planning Department
a-1
DATE:
January 26, 2009
SUBJ:
City Code Amendments: Chapter 20, Zoning
PROPOSED MOTION:
"The Chanhassen City Council adopts the attached ordinance amending Chapter 20
of the Chanhassen City Code dealing with Conditional Use Permits and Interim Use
Permits."
Approval of this item requires a simple majority vote.
BACKGROUND
The Planning Commission held a public hearing on the attached ordinance
amendment on June 17,2008 at which time they voted unanimously to
recommend approval to the City Council. The amendment went before the City
Council at a work session on July 28, 2008, but was not reviewed at that time.
The amendment went before the City Council at a work session on August 11,
2008, but was not reviewed at that time. The amendment then went before the
City Council at a work session on August 25, 2008. (It should be noted that this
change has already been made to the variance section of the City Code.)
This amendment was submitted to the City Council as part of the September 8,
2008 agenda for approval. However, this amendment was pulled to allow staff to
address an issue with the Autobahn Motorplex conditional use permit; which was
ultimately amended by City Council on December 8,2008 to permit the phased
expansion and potential lot line changes approved for the project.
CONDITONAL USE AND INTERIM USE PERMITS
ISSUE: There are some properties within the City that have obtained a
Conditional Use Permit or an Interim Use Permit which has been recorded against
the property. In some cases the property lines are altered or subdivided years
later. This poses a few problems: there may be multiple owners for the
subdivided properties governed by the CUP/IUP; or, with the addition of new lot
lines, the site plan has changed and the site may be in violation of the conditions
of approval. It is difficult to maintain the conditions of approval on a property
that has been sold to new owners who mayor may not be aware of the permits
governing these sites.
Chanhassen is a Community for Life. Providing for Today and Planning for Tomorrow
Todd Gerhardt
January 26,2009
Page 2 of 2
Staff is proposing to add language to the Conditional Use and Interim Use sections of the city
code that subdivision of the property shall deem the CUP or IUP null and void.
PROPOSED CHANGES:
Amend Section 20-233 by adding subparagraph "c" to read as follows:
(c) It is a condition of every conditional use permit that the property for which the
permit is issued not be subdivided or the lot lines of the property altered.
Amend Section 20-323 by adding subparagraph 4 to read as follows:
(4) Upon the subdivision of the property or the alteration of the lot lines of the
property.
RECOMMENDATION
Staff and the Planning Commission recommend that the City Council adopt the following
motion:
"The Chanhassen City Council adopts the attached ordinance amending Chapter 20 of the
Chanhassen City Code dealing with Conditional Use Permits and Interim Use Permits."
A 1'1' ACHMEN1'
1. Ordinance Amending Chapter 20 of the Chanhassen City Code
g:\plan\city codc\2009 code amcndments\cc memo cllp-illp void.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20
ZONING
CHANHASSEN CITY CODE,
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding
a section to be numbered 20-233 (c), which shall read as follows:
It is a condition of every conditional use permit that the property for which the permit
is issued not be subdivided or the lot lines of the property altered.
Section 2. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding
a section to be numbered 20-323 (4), which shall read as follows:
Upon the subdivision of the property or the alteration of the lot lines of the property.
Section 3. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this 26th day of January, 2009, by the City Council of
the City of Chanhassen, Minnesota
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on
)