6. Amendment to City Code Re: Variances�J
i
MEMORANDUM
CITY OF TO: Todd Gerhardt, City Manager
CHMMSSEN FROM: Angie Kairies, Planner I
7700 Market Boulevard DATE: June 27, 2011
PO Box 147
Chanhassen, MN 55317 SUBJ City Code Amendment to Chapter 20, Zoning
Variances
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
PROPOSED MOTION:
"The Chanhassen City Council approves the amendment to Chapter 20 of the
Chanhassen City Code."
Council approval requires a majority of City Council present.
Web Site Other than the request for a front porch, staff did not find evidence that there were
www.ci.chanhassen.mn.us a number of similar requests in one specific area of the city; therefore, based on
the findings of the survey, staff opted to wait for the new variance law to be
enacted rather than pursue interim measures.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
EXECUTIVE SUMMARY:
Finance
Phone: 952.227.1140
In June 2010, a Supreme Court ruling of the Krummenacher vs. City of
Fax: 952.227.1110
Minnetonka variance case changed the standard for granting variances by local
Park & Recreation
municipalities. This ruling created a period of "no variances."
Phone: 952.227.1120
Fax: 952.227.1110
Like several cities, staff looked at several options to accommodate the 2010
Supreme Court Ruling and provide reasonable use to residents:
Recreation Center
2310 Coulter Boulevard
• Create an Expansion Permit (legal nonconforming situations)
Phone: 952.227.1400
Fax: 952.227.1404
. Revise City ode based on common requests
y q
• Develop an overlay district in areas with multiple requests
Planning &
. Wait for the new state variance law to be enacted
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Additionally, during this time frame, staff catalogued variances in the city from
1990 to 2010 to determine if there was a re- occurring request. In Chanhassen, the
Public Works
request for a setback variance far exceeded any other request. Of the setback
7901 Park Place
requests, the front yard setback variances were the most frequent.
Phone: 952.227.1300
Fax: 952.227.1310
Staff found that there were numerous requests to add a front porch on homes that
existed prior to 1987. Rather than continue to process so many similar requests,
Senior Center
the City Code was amended in 2000 to permit the front porch to encroach into the
Phone: 952.227.1125
Fax: 952.227.1110
required setback on homes built prior to February 1987.
Web Site Other than the request for a front porch, staff did not find evidence that there were
www.ci.chanhassen.mn.us a number of similar requests in one specific area of the city; therefore, based on
the findings of the survey, staff opted to wait for the new variance law to be
enacted rather than pursue interim measures.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Todd Gerhardt, City Manager
June 27, 2011
Page 2
In May 2011, the Governor signed the new law amending the Minnesota Statute pertaining to the
standard for granting variances which allows local government more flexibility in granting
vanances.
Prior to the 2011 Supreme Court ruling, staff worked with property owners to find a reasonable
solution to accommodate their improvements without applying for a variance request, and often
times found there were other alternatives that complied with city code and a variance was not
required. While there are properties with unique circumstances that warrant a variance, such as
building vertically over a nonconforming setback, it is staff's intent to continue to work with
property owners to find a solution that meets city code requirements prior to applying for a
vanance.
It is important to note that during the "no variance" time frame there was not an influx of
property owners wanting to request a variance.
The Findings of Fact and Decision will be also revised in accordance with the above ordinance
amendment. Staff will also update the City's website to reflect the new variance law.
PLANNING COMMISSION ACTION
On June 7, 2011, the Planning Commission held a public hearing to review the proposed
ordinance amendments. The Planning Commission voted unanimously in favor of a motion
recommending approval of the amendment.
The Planning Commission had a concern with imposing conditions that are "directly related to
and must bear a rough proportionality to the impact created by the variance ". This will vary
depending on the request and the impact to the environment and /or neighboring properties. For
example, if a setback variance is requested to build a garage close to the property line, a
condition to add landscaping to screen the garage may be added.
The June 7, 2011 Planning Commission minutes are item la of this City Council packet.
RECOMMENDATION
Staff and the Planning Commission recommend the City Council approve the attached city code
amendment to Chapter 20 pertaining to Variances.
ATTACHMENTS
1. Ordinance Amendment to Chapter 20, Zoning.
2. Revised Findings of Fact and Decision.
3. Planning Commission staff report dated June 7, 2011.
G:\PLAN \City Code\201 1 \2011-08 Chapter 20 Variances \cc over memo.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20 OF THE
CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE,
CONCERNING VARIANCES
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
SECTION 1 . Section 20 -58 of the Chanhassen City Code is amended to provide as follows:
General conditions for granting. A variance may be granted by the beafd of appeals a
adjustments o eity eouneil only if all of the following criteria are met:
(1) Variances shall only be permitted when they are in harmony with the general
purposes and intent of this Chapter and when the variances are consistent with the
comprehensive plan. Th t h e l it eF l °nf ° o f this ehapt w o uld eaus ndi
hardship. For- puFposes of the definition of tmdue hardship, reasonable use ineludes a use
made by major-ity of eempo e property within 0 f o fi Th + f�
zr�vv -=c ° c "'ceric-vr s
neighbor-hoods preexisting standards exist. Var-ianees that blend with these preexisting
standards without depai4ing devinwar-d fiefn them fneet these eriter-i .
(2) When there are practical difficulties in complying with the zoning ordinance.
"Practical difficulties," as used in connection with the granting of a variance, means
that the property owner proposes to use the property in a reasonable manner not
permitted by this Chapter. Practical difficulties include, but are not limited to,
inadequate access to direct sunlight for solar energy systems. That the eendi ens upo
which a petition for- a variance is based are not appheable, gener-ally, to other- pr-opefty
(3) That the purpose of the variation is not based upon economic considerations alone
cac.srrti ° ° � potential of the par of land.
(4) The plight of the landowner is due to circumstances unique to the property not
created by the landowner. That th „11°„ °a .d;ff; or - hardship i n ot ., s elf er- eate d
hardship.
(5) The variance, if granted, will not alter the essential character of the locality. That the
granting of the var-ianee will not be detr-imei#al to the publie welfare or- initifieus to ot
land or- impr-evements in the neighbor-heed in w-hieh the par-eel of knd is
(6) Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Pat4he
pr-epesedvar-iatien will not impair- an adequate supply of light and air- to adjaeent pro
distanees, or- iner-eases the danger- of fire, or- endanger- the publie safety or- s4stanliaPy
SECTION 2 . This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this 27` day of June, 2011, by the City Council of the City of
Chanhassen, Minnesota.
ATTEST:
Todd Gerhardt, Clerk/Manager Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on , 2011).
g: \plan \city code\2011\2011 -08 chapter 20 variances \ordinance amendment.doc
2
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of for variance for the purpose of — Planning
Case #
On , the Chanhassen Planning Commission, acting as the Board of Appeals and
Adjustments, met at its regularly scheduled meeting to consider the application. The Planning
Commission conducted a public hearing on the proposed variance preceded by published and
mailed notice. The Board of Appeals and Adjustments makes the following:
FINDINGS OF FACT
1. The property is currently zoned
2. The property is guided in the Chanhassen Comprehensive Plan for use.
3. The legal description of the property is
4. Variance Findings — Section 20 -58 of the City Code provides the following criteria for the
granting of a variance:
a. Variances shall only be permitted when they are in harmony with the general purposes
and intent of this Chapter and when the variances are consistent with the comprehensive
plan.
Finding:
b. When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties," as used in connection with the granting of a variance, means that the
property owner proposes to use the property in a reasonable manner not permitted by this
Chapter. Practical difficulties include, but are not limited to, inadequate access to direct
sunlight for solar energy systems.
Finding:
c. That the purpose of the variation is not based upon economic considerations alone.
Finding:
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding:
e. The variance, if granted, will not alter the essential character of the locality.
Finding:
f. Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter.
Finding:
5. The planning report 9 , prepared by , et al, is incorporated herein.
DECISION
The Board of Appeals and Adjustments approves planning Case _ as shown in plans
dated received , for a variance.
20 .
ADOPTED by the Chanhassen Board of Appeals and Adjustments this _ day of _,
CITY OF CHANHASSEN
IC
Chairman
g: \plan \forms \findings of fact and decision - variance.doc
01
0
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
MEMORANDUM
TO: Planning Commission
FROM: Angie Kairies, Planner I
DATE: June 7, 2011
SUBJ: City Code Amendment
Chapter 20, Zoning — Variances
PROPOSED MOTION:
"The Chanhassen Planning Commission recommends that City Council adopt
the attached ordinance amending Chapter 20 of the Chanhassen City Code."
BACKGROUND
Finance
On May 5, 2011, the Governor signed the new law amending Minnesota Statutes
Phone: 952.227.1140
2010, sections 394.27, subdivision 7; 462.357, subdivision 6. which regulates the
Fax: 952.227.1110
standards for granting a variance and applies to counties, cities, and towns with
zoning controls to allow local government more flexibility in granting variances.
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
In June 2010, a Supreme Court ruling of the Krummenacher vs. City of Minnetonka
variance case changed the standards for granting variances by local municipalities.
Recreation Center
The ruling redefined the term "hardship" stating "a municipality does not have the
2310 Coulter Boulevard
authority to grant a variance unless the applicant can show that the property cannot be
Phone: 952.227.1400
put to a reasonable use without the variance." (e.g. construction of a single - family
Fax: 952.227.1404
home on single - family lot). This standard does not allow the local government
Planning &
flexibility in granting variances. Therefore, staff advised applicants that the city
Natural Resources
could not grant a variance under the new law.
Phone: 952.227.1130
Fax: 952.227.1110
The preceding variance standard was determined in the 1989 Rowell vs. City of
Moorhead case. In this ruling, "hardship" was interpreted as "the applicant would
Public works
like to use the property in a reasonable manner that is prohibited by the ordinance."
7901 Park Place
Phone: 952.227.1300
(e.g. expansion of a nonconforming structure). This standard allowed cities flexibility
Fax: 952.227.1310
in granting variances.
Senior Center During the "no variance" time frame, staff catalogued variances in the city from 1990
Phone: 952.227.1125 to 2010 to determine if there was a re- occurring request or area of the city that could
Fax: 952.227.1110 result in an ordinance amendment to resolve the issue.
Web Site
www.ci.chanhassen.mn.us
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow SCANNED
Planning Commission
Chapter 20, Zoning — Variances
June 7, 2011
Page 2 of 5
Variance requests include:
• Accessory structure area
• Beach lots/Docks
• Building Architecture/Height
• Fence height
• Hard surface coverage
• Lighting standards
• Lot area, width, frontage, depth
• Mother -in -law Apartment
• Multiple principal structures on a single lot
• Parking requirements
• Subdivision (Private streets, Right -of -Way width, Flag lots)
• Setbacks (front, side, or rear yard, bluff, shoreland, wetland, collector street, Bluff Creek
Overlay District)
• Signs
Staff found that from 1990 to 2010 the request for a setback variance far exceeded any other
request. Of the setback requests, the front yard setback variances are the most frequent request;
however, they are not specific to any one area of the city.
Requests from 1990 -2010
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Based on these findings, staff opted to wait for the new state variance law to be enacted.
Staff recommends approval of the proposed ordinance amendment consistent with Minnesota
Statutes 2010, sections 394.27, subdivision 7; 462.357, subdivision 6.
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Based on these findings, staff opted to wait for the new state variance law to be enacted.
Staff recommends approval of the proposed ordinance amendment consistent with Minnesota
Statutes 2010, sections 394.27, subdivision 7; 462.357, subdivision 6.
" e § a c"
5 0 P a
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S
Planning Commission
Chapter 20, Zoning — Variances
June 7, 2011
Page 3 of 5
ANALYSIS
On May 5, 2011 the Minnesota State Statute governing variances went into effect. The statute
allows local government more flexibility in granting variances by eliminating the term
"hardship ", and allows a zoning authority to issue a variance based on "practical difficulties ".
"Practical difficulties" are described as follows:
• "the property owner proposes to use the property in a reasonable manner not permitted by
an official control;
• the plight of the landowner is due to circumstances unique to the property not created by
the landowner; and
• the variance, if granted, will not alter the essential character of the locality."
Finally, a variance may be issued only if it is "in harmony with the general purposes and intent"
of the ordinance and consistent with the comprehensive plan.
The table below illustrates the differences between the old variance standards and the new
variance standards.
VARIANCE LEGISLATION
OLD
NEW
I
Undue Hardship (cannot be put to a
Practical Difficulties (a reasonable use of the
reasonable use)
property)
2
In Keeping with Spirit & Integrity of
In Harmony with General Purpose and Intent
Zoning Ordinance
of Zoning Ordinance
3
--
Consistent with the Comprehensive Plan
4
Economic Consideration Alone Not
Same
Sufficient
5
Use Variances Prohibited
Same
6
Not Alter Essential Character of the
Same
Locality
7
Not a Self Created Hardship
Same
8
Can Impose Conditions to Ensure
Conditions Must be Directly Related to Any
Compliance and to Protect Adjacent
and Must Bear A Rough Proportionality to
Properties
the Impact Created by the Variance
Planning Commission
Chapter 20, Zoning — Variances
June 7, 2011
Page 4 of 5
PROPOSED CHANGE: Amend Section 20 -58 to provide as follows:
General conditions for granting.
A variance may be granted by the board o f appeals and a dj us t,, epAs o e it y n n;l only if all of
the following criteria are met:
(1) Variances shall only be permitted when they are in harmony with the general
purposes and intent of this Chapter and when the variances are consistent with the
comprehensive plan. That th l; +o«nl enfer,.oment of th s ehap +o,. w o uld e ause ndi
hardship. For- pufposes n- f the, d teffinition -qf-- 1 Wndue hardship, p-Q.-ASA-D—Able. I inodlldpq A
ision is not to allow a proliferation ef var-ianees, but to Feeognize that in developed
neighbor-hoods pr-eexisting standards exist. Var-ianees that blend with these pr-eexistifig
standards without depai4ing downwar-d from them meet these er-iter-i .
(2) When there are practical difficulties in complying with the zoning ordinance.
"Practical difficulties," as used in connection with the granting of a variance, means
that the property owner proposes to use the property in a reasonable manner not
permitted by this Chapter. Practical difficulties include, but are not limited to,
inadequate access to direct sunlight for solar energy systems. That the eenditiens "en
whieh a petition for- a var-ianee is based are not applioable, generally, to other- pr-epel4y
(3) That the purpose of the variation is not based upon economic considerations alone
desire to iner-ease the val ! petentW of the par-eel of land.
(4) The plight of the landowner is due to circumstances unique to the property not
created by the landowner. Tha4 the alleged .l;ff; hardship i n ot n elf , eated or-
(5) The variance, if granted, will not alter the essential character of the locality. That the
gruaataaag yr the v'uriuiave will net be d etrimental
land nts i th �,l b ; ,-hieL, the r of o f ln,,.a
ruricr or iiiiprvv eiiierr�srrr cri,,.�i�i�rrvv .
(6) Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. That4he
proposed variation will not impair- an adequate supply of light and air to adjaeent pfepefty
or- substapAia4ly iner-ease the eengestion of the public streets or- deer-easevisibility or site
distanees, or- increases the danger- of fire, or- endanger the publie safety or- substantia4y
diminish o .,o,-+,. values with the n
The Findings of Fact and Decision will be also revised in accordance with the above ordinance
amendment.
Planning Commission
Chapter 20, Zoning — Variances
June 7, 2011
Page 5 of 5
RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of the attached ordinance
amending Chapter 20 of the Chanhassen City Code pertaining to Variances.
ATTACHMENTS
1. Ordinance Amending Chapter 20, Zoning.
2. Revised Findings of Fact and Decision: Variances.
g: \plan \City Code\2011\2011 -08 Chapter 20 Variances \PC memo variance.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20 OF THE
CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE,
CONCERNING VARIANCES
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
SECTION 1 . Section 20 -58 of the Chanhassen City Code is amended to provide as follows:
General conditions for granting. A variance may be granted by the beafd of appeals a
adjustments or- eit-y eeuneil on! if all of the following criteria are met:
(1) Variances shall only be permitted when they are in harmony with the general
purposes and intent of this Chapter and when the variances are consistent with the
comprehensive plan. Th the liter- en f .., e ffient of th s ,.h „la e e m d i
made by a majer-ity of eempamble pr-epeAy within 500 feet ef it. The iRtefit ef this
neighbor-hoods preemisfing standards exist. Varianees that blend with these pr-eexisfiag
(2) When there are practical difficulties in complying with the zoning ordinance.
"Practical difficulties," as used in connection with the granting of a variance, means
that the property owner proposes to use the property in a reasonable manner not
permitted by this Chapter. Practical difficulties include, but are not limited to,
inadequate access to direct sunlight for solar energy systems.
whieh a petition for- a vaf-ianee is based are not appheable, generally, to other- pr-epei4y
withi the s .l„ss:f;,.,,,.:
(3) That the purpose of the variation is not based upon economic considerations alone
d e si re to : e the value a i neeme p etep A ial of the p ar-e el of lan
(4) The plight of the landowner is due to circumstances unique to the property not
created by the landowner. That the alleged diffieulty er- hardship is net a self er-eated
(5) The variance, if granted, will not alter the essential character of the locality. That ke
l v. the n ofheed i v Aiieh the p o f 1,..,,1 i 1.,eate.l
(6) Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. That-3@
proposed var-ia4iefi will not impair- an adequate supply of light ead air- te adjaeent pr-epef�y
SECTION 2 . This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this day of , 2011, by the City Council of
the City of Chanhassen, Minnesota.
ATTEST:
Todd Gerhardt, Clerk/Manager Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on , 2011).
g: \plan \city code\2011\2011 -08 chapter 20 variances \ordinance amendment.doc
N
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of for variance for the purpose of
Case #
— Planning
On , the Chanhassen Planning Commission, acting as the Board of Appeals and
Adjustments, met at its regularly scheduled meeting to consider the application. The Planning
Commission conducted a public hearing on the proposed variance preceded by published and
mailed notice. The Board of Appeals and Adjustments makes the following:
FINDINGS OF FACT
1. The property is currently zoned
2. The property is guided in the Chanhassen Comprehensive Plan for use.
3. The legal description of the property is
4. Variance Findings — Section 20 -58 of the City Code provides the following criteria for the
granting of a variance:
a. Variances shall only be permitted when they are in harmony with the general purposes
and intent of this Chapter and when the variances are consistent with the comprehensive
plan.
Finding:
b. When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties," as used in connection with the granting of a variance, means that the
property owner proposes to use the property in a reasonable manner not permitted by this
Chapter. Practical difficulties include, but are not limited to, inadequate access to direct
sunlight for solar energy systems.
Finding:
c. That the purpose of the variation is not based upon economic considerations alone.
Finding:
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding:
e. The variance, if granted, will not alter the essential character of the locality.
Finding:
f. Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter.
Finding:
5. The planning report #, dated , prepared by , et al, is incorporated herein.
DECISION
The Board of Appeals and Adjustments approves planning Case _ as shown in plans
dated received , for a variance.
►�
ADOPTED by the Chanhassen Board of Appeals and Adjustments this _ day of _,
CITY OF CHANHASSEN
i
Chairman
g: \plan\forms \findings of fact and decision - variance.doc
2