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10. City Code Amendment: Prohibit Encroachments on Setbacks that have been granted variances.CITY OF SSE N 690 COULTER DRIVE • P.O. BOX 147 0 CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 0 FAX (612) 937 -5739 MEMORANDUM TO: Don Ashworth, City Manager FROM: Cynthia Kirchoff, Planner I DATE: September 3, 1997 SUBJ: Ordinance Amendment, Section 20 -908, YARD REGULATIONS, to prohibit additional encroachments once a variance has been granted BACKGROUND Over the past few years there has been an increasing number of variance requests that also take 1 advantage of Section 20 -908 Yard regulations which allows structures or architectural features to encroach into a required front, side or rear setback. For instance, i n 1996 the City Council anted a variance upon the recommendation of the Board of Adjustments and Appeals for the construction of a single - family home at 3 870 South Cedar Drive. The lot is approximately 5,600 s q . ft. in area and 40 feet in width. The applicant was granted three (3) foot side yard setback variances and a thirty -one (3 1) foot lake shore setback variance. The home was to be located seven (7) 7 feet from the side property lines. After the home was built, staff found that the eaves p encroached two (2) feet in the new setback. Essentially, the home was five (5) feet from the p ro (7) as the Cit Council had permitted. Currently, the ordinance allows p ert Y lines � not seven y roof eaves, open porches, bay windows, etc. to encroach into a required setback (Section 20- 908). However, in this case the neighbors found the additional encroachment of the eaves to be disturbing because they believed that the applicant was given additional relief beyond the requested variance without approval. Staff is of the opinion that this is a gray area or a possible loop hole and is proposing to change the ordinance. ANALYSIS In order to yp revent these types of encroachments from occurring in the future, staff has prepared p an amendment to this ordinance prohibiting encroachments in setbacks where a variance has been ranted unless specifically y ranted b the Board of Adjustments and Appeals. The g p ordinance is attached. Staff is of the opinion that this amendment should be a simple statement. CITY OF CHANHAS SEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE The City Council of the City of Chanhassen ordains: Section 1. Section 20 -908, Yard Regulations, is hereby amended 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 (2) feet, six (6) inches; fire escapes may project a distance not exceeding' four (4) feet, six (6) inches; an uncovered stair and necessary landings may project a distance not to exceed six (6) 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 (3) feet; unenclosed decks and patios may project a distance not exceeding five (5) 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. C. Porches that encroach into the required front yard and which were in existence on February 19, 1987 may be enclosed or completely rebuilt in the same location provided that any porch that is to be completely rebuilt must have at least a ten -foot minimum front yard. d. Subject to the setback requirements in section 20 -904, the following are permitted in the rear yard: enclosed or open off - street parking spaces; accessory structures, toolrooms, and similar buildings or structures for domestic storage. Balconies, breezeways and open porches, unenclosed decks and patios, and onestory bay windows may project into the rear yard a distance not to exceed five (5) feet. e. Into any required front, rear, or side yard: driveways, sidewalks, stand wire agricultural fence. Section 2. This ordinance shall be effective immediately upon its passage and publication. is day of _, 1997, by the City Council PASSED AND ADOPTED th _____ y of the City of Chanhassen. ATTEST: Don Ashworth, Clerk/Manager (Published in the Chanhassen Villager on Nancy K. Mancino, Mayor Planning Commission Meeting - August 20, 1997 if it's not that important for them to show us what's going to be on that sign for that additional 8 feet, it's not that important for me to clear the variance. I'm opposed to it. Peterson: Okay. My thoughts are probably the same. I don't think there's a compelling reason to grant the variance. Enough said. With that, may I have a motion and a second please. Blackowiak: Okay. I move that the Planning Commission recommend denial of the amendment of Interim Use Permit #96 -2 for an 8 square foot variance from the 24 square foot requirement for the construction of a 32 square foot monument sign. Do I need to add more or do I, can I let it go? Okay. That's it. Joyce: I will second that. Peterson: Any discussion? Blackowiak moved, Joyce seconded that the Planning Commission recommends denial of an amendment to the Interim Use Permit #96 -2 for an 8 square foot variance from the 24 square foot requirement for the construction of a 32 square foot monument sign. All voted in favor and the motion carried. Peterson: Staff, are you comfortable with the direction? Aanenson: Yeah. I think... reasons ... materials. What they were looking for, address. Peterson: All right, thank you. PUBLIC HEARING: AMENDMENT TO THE CITY CODE TO PROHIBIT ENCROACHMENTS ON SETBACKS THAT HAVE BEEN GRANTED FOR VARIANCES. Cynthia Kirchoff presented the staff report on this item. Peterson: Questions of staff. Joyce: The second part of that, no further encroachments are allowed. Is' that going to be in there also? Aanenson: Right. It's in Section 20 -908. Under 5. We put that in bold. Joyce: Yeah. I got. Just the one sentence then right? Aanenson: Yeah. Joyce: Okay. 0 Plannin g Commission Meeting - August 20, 1997 Kirchoff: The sentence is in bold. • I'm sorry. I thought Joyce.. Oh all right, all right. rry you were putting it somewhere else, okay. g Y Sidney: Why wasn't that a separate point? Aanenson: Well there's two different ways to handle it and one would be just to make clarification. Eve time that would come up, and every motion to make sure that you say that no other encroachments could occur. Just to make sure it doesn't fall through the cracks and that's not deft off in ambiguity. We had another one that came up on Lake Riley where actually... came They down. The were allowed to have overhang and in order to make the second story more usable, they actually encroach in the setback so again they were kind of given an extra benefit beyond the variance. A g Y And the neighbors felt that the had a freebie on that. So what we're trying to say is if Yo ure getting ettin relief from the ordinance, you shouldn't allow the additional encroachment, or you should ask for that. In this instance, which is a bay window and fireplace... The normal setback happened with the added bay windows and measurement from so what ha line is what we take the p the fireplaces, it seemed like the were getting additional from the ordinance. Plus it may or may not ... but that's the way the ordinance... Sidney: ...tack on variances at the top... Aanenson: Well actually think within the ordinance, she had three or four different approaches y to ...and we thought that this would probably be the easiest way to, right at the beginning instead . g p Y end. Or actually the original code I think had three or four different... Instead of of at the y . putting it at the end we want to make the point in front. And again, we're trying to make it ...put In the ordinance too so I mean when... Cindy was to do a variance request, put it in and not have it in an encroachment, just in case it falls... we've got a fallback... Peterson: Okay. Other questions . May I have a motion and a second to open up the public hearing please. seconded too public hearing. The public hearing was en the Joyce moved, Blackowiak se p p opened. Peterson: This is a public hearing. Anyone wishing to address the Commission please come Pet p and do so now. Seein g none, may I have a motion to close the public hearing and a second please. , Joyce moved Blackowiak seconded to close the public hearing. The public hearing was closed. Peterson: Discussion. LuAnn. Sidney: I really don't have any questions. 7 Planning Commission Meeting - August 20, 1997 Peterson: Alison. Blackowiak: No comments I guess. Peterson: Kevin. Joyce: I'm just impressed how good you guys are. Fill a loophole with just one sentence. Wow. Aanenson: Go Cindy. Peterson: I'm impressed too but enforcing that could be a bigger challenge so with that may I have a motion and a second please. Joyce: I'll make a motion the staff, excuse me, that the Planning Commission approve the ordinance amendment set before us. Is that enough? Blackowiak: Second that. Peterson: Any discussion? Joyce moved, Blackowiak seconded that the Planning Commission recommends approval of Ordinance Amendment to Section 20 -908, yard regulations, to prohibit additional encroachment once a variance has been granted as presented by staff. All voted in favor and the motion carried. COMPREHENSIVE PLAN DISCUSSION - NATURAL RESOURCES. Sinclair: Thank you Chairman and commissioners. Reviewing the third section of the comprehensive plan, the natural features chapter, and the good news is that much has been accomplished in this chapter. Possibly more than was anticipated at the time it was written. Just from reading it it seems that, it appeared that you know a lot of challenges were based in passing some of them were, and accomplishing some of the goals but many of them were done fairly even. And now the challenge is to create a comprehensive... for the protection and enhancement of the natural resources of Chanhassen. Some of the things that staff decided that the tree cover section of the chapter could be expanded. Since we have adopted a tree preservation ordinance, we have done an inventory. There's been many issues that have come up with development that have also expanded our wisdom and knowledge of tree preservation and enhancement within the City. The wildlife section also hasn't been addressed that much. Wildlife doesn't become an issue too often, but I think it is important that we do consider identifying areas that do have good habitat and wildlife. Since they are a valuable and important component of the big environmental picture of Chanhassen. So now I think we've, the City's become more sophisticated in it's environmental awareness and this entire section could be updated and try to look to the future to find the next challenges for the next century. Phil has the water stuff.