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1d-2. City Code Amendment, Yard Regulations CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Angie Kairies, Planner I DATE: June 22,2009 SUBJ: City Code Amendment Chapter 20, Zoning, Yard Regulations id-~ PROPOSED MOTION: "The Chanhassen City Council adopts the proposed amendments to Chapter 20 of the Chanhassen City Code." BACKGROUND There are properties within the City that have large drainage and utility easements which do not contain utilities, thus leaving little room for outdoor living space. In such situations, the homeowner would like to place patios, pathways and other landscape features within the drainage and utility easement located on their property. The current City Code provides relief for fences with an encroachment agreement; however, patios are strictly prohibited. Therefore, a variance is required to allow such structures within the easement. Chanhassen is a Community for Life. Providing for Today and Planning for Tomorrow -' :}! d$ IN : I "" I I I "" City Council Yard Regulations June 22, 2009 Page 2 This can be onerous on the property owner if the improvement does not negatively affect the intended purpose ofthe drainage and utility easement. This item was heard by the City Council in a work session meeting on May 26,2009. The City Council concurred with staff s recommendations. PLANNING COMMISSION ACTION On June 16,2009, the Planning Commission conducted a public hearing and voted unanimously to recommend approval of the ordinance amendment. PROPOSED ORDINANCE AMENDMENTS (All new language is in bold.) Sec. 20-908. Yard regulations. (5) The following shall not be considered to be obstructions (variances granted from a required setback are not entitled to the following additional encroachments): a. Into any required front yard, or required side yard adjoining a side street lot line, cornices, canopies, eaves, or other architectural features may project a distance not exceeding two feet, six inches; fire escapes may project a distance not exceeding four feet, six inches; an uncovered stair and necessary landings may project a distance not to exceed six feet, provided such stair and landing shall not extend above the entrance floor of the building; bay windows, balconies, open porches and chimneys may project a distance not exceeding three feet; unenclosed decks and patios may project a distance not exceeding five feet and shall not be located in a drainage and utility easement. Other canopies may be permitted by conditional use permit. b. The above-named features may project into any required yard adjoining an interior lot line, subject to the limitations cited above. (6) The placement of any structure within easements is prohibited, except for those structures specified herein. Fences, retaining walls, non-structural fire pits, sidewalks, pathways, and patios not integral to the principal structure (the first 10 feet adjacent to the principal structure shall be considered integral), may be allowed within an easement with an encroachment agreement if they do not alter the intended use of the easement and at the discretion of the Community Development Director or designee. A driveway or sidewalk from the street to the house crossing drainage and utility easements at the front of the property are exempt from this requirement. NOTE: For new construction, Section 20-905(6) requires a future 10' x 10' patio for all exiting doors which do not connect directly to a sidewalk or stoop be shown on the proposed survey. City Council Yard Regulations June 22, 2009 Page 3 This future patio is an integral part of the principal structure and may not encroach into a drainage and utility easement. RECOMENDATION Staff and the Chanhassen Planning Commission recommend that City Council adopt the following motion: "The Chanhassen City Council adopts the proposed amendments to Chapter 20 of the Chanhassen City Code." ATTACHMENTS 1. Proposed Ordinance Amendment. G:\PLAN\City Code\2009 Code AmendmentsWard Regulations\CC memo Ch 20 Yard Regulaitons 6-22-09.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 CHANHASSEN CITY CODE, ZONING THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 20-908 (5)(a) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (5) The following shall not be considered to be obstructions (variances granted from a required setback are not entitled to the following additional encroachments): a. Into any required front yard, or required side yard adjoining a side street lot line, cornices, canopies, eaves, or other architectural features may project a distance not exceeding two feet, six inches; fire escapes may project a distance not exceeding four feet, six inches; an uncovered stair and necessary landings may project a distance not to exceed six feet, provided such stair and landing shall not extend above the entrance floor of the building; bay windows, balconies, open porches and chimneys may project a distance not exceeding three feet; unenclosed decks and patios may project a distance not exceeding five feet and shall not be located in a drainage and utility easement. Other canopies may be permitted by conditional use permit. Section 2. Section 20-908 (6) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (6) The placement of any structure within easements is prohibited, except for those structures specified herein. Fences, retaining walls, non-structural fire pits, sidewalks, pathways, and patios not integral to the principal structure (the first 10 feet adjacent to the principal structure shall be considered integral), may be allowed within an easement with an encroachment agreement if they do not alter the intended use of the easement and at the discretion of the Community Development Director or designee. A driveway or sidewalk from the street to the house crossing drainage and utility easements at the front of the property are exempt from this requirement. Section 3. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 22nd day of June, 2009, by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor 1 Chanhassen Planning Commission - June 16,2009 Undestad: Well yeah I agree. I mean it's, also I kind of see where Dan's at. I mean it took me a long time to switch flashlights to LED just because I didn't like that light but you know I see it. I agree with it. I like having the option on there so. Thomas: I too like the option. I do like the lights. Probably because it's you know for me it's more common. You know we have LED flashlights. You know we have all that kind of stuff so it just, I like the way the light looks. I like the whiteness so maybe it's my generation. Keefe: I think you know where I stand. Papke: Okay. My perspective is I think this is kind of the inexorable march of technology and back to Dan's issue, I think a big piece of this is what we're accustomed to. You know 30 years ago we had mercury vapor which gave off that horrible blue glow which made all of our acne stand out when we were kids. And then we went to sodium vapor and we got used to that and you know, so I think this is kind of a habituation thing that after a couple of years then we'll all become accustomed to it and we'll march on so. Okay, with that I'll entertain a motion. Laufenburger: Mr. Chairman, I may not get this language right but I move that the Planning Commission recommend for approval Option 3 as noted on page 5-5 of the findings allowing developers the choice of either LED or HPS fixtures. Papke: Okay. Is there a second? Thomas: Second. Laufenburger moved, Thomas seconded that the Planning Commission recommends the City Council approve Option 3 as the attached ordinance amending Section 20-913 Lighting. All voted in favor and the motion carried unanimously with a vote of 5 to o. Papke: Next item, which would be yard regulations. *' Angie Kairies presented the staff report on the City Code Amendment to Chapter 20, Zoning regarding Yard Regulations. Papke: Dan, we'll start with you. Keefe: No questions. Thomas: Me either. Undestad: No. Laufenburger: Just Angie if, as I read this and as I listen to you, it looks like what you're trying to do is to give residents of Chanhassen an opportunity to make, make use of a large expanse of property that they own but previously they've been prohibited because it's specifically marked as utility or drainage easement. 17 Chanhassen Planning Commission - June 16,2009 Kairies: Correct. Aanenson: Exactly. Laufenburger: Okay. My understanding. I have no other questions. Papke: The only question I have is there any issue or concern here that geez, we allow this with drainage easements. What if it's a wetland? Aanenson: We do check that. Kairies: There are specific setbacks for wetlands and buffer strips so they would not be allowed in those areas. This is strictly the drainage and utility easement. Papke: Okay. Kairies: So as long as there's not an easement that it would be interrupting. If it's not going to impede the purpose of the drainage and utility easement, we don't see a problem. Papke: Very good. Okay, and once again seeing no public remaining to comment on this, we will close the public hearing and bring this back for discussion and perhaps a vote. If there's no discussion. Laufenburger: I wanted to ask one other question. Has the Planning Commission, to your recollection commissioners or staff, has the Planning Commission made any decisions or made recommendations within the last year or 18 months that would be reversed or would be modified by the presence of this ordinance? Aanenson: No. Kairies: No. Laufenburger: Okay. Papke: Discussion? Issues? Seems like with given the few number of questions that we can move forward so if someone wants to make, practice making a motion. Thomas: Sure, I'll make a motion. The Chanhassen Planning Commission recommends that the City Council adopt the proposed amendments to Chapter 20 of the Chanhassen City Code as outlined in the staff report. Undestad: Second. Thomas moved, Undestad seconded that the Planning Commission recommends that the City Council adopt the proposed amendments to Chapter 20, Section 20-908 Yard 18 Chanhassen Planning Commission - June 16,2009 Regulations as outlined in the staff report. All voted in favor and the motion carried unanimously with a vote of 5 to O. 19