Ordinance 543CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 543
AN ORDINANCE AMENDING CHAPTER 20
CHANHASSEN CITY CODE, ZONING
CONCERNING NON -CONFORMING LOTS OF RECORD
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. The Chanhassen City Code is amended by amending section 20-73(c) to read
as follows:
(c) If a non -conforming lot or parcel is, or at any time since June 25, 2012, has been held in
common ownership with all or part of an adjoining or abutting parcel or lot, then such
non -conforming lot or parcel and such adjoining or abutting parcel or lot shall be deemed
one lot. If in a group of two or more adjoining or abutting lots or parcels owned or
controlled by the same person, any single lot or parcel does not meet 75% of the full
minimum depth, width, and area requirements of this Chapter, such single lot or parcel
shall not be considered as a separate lot or parcel able to be conveyed or developed under
this Chapter.
Section 2. The Chanhassen City Code is amended by adding section 20-490 to read as
follows:
See. 20-490. - Non -Conforming Lots.
(a) A non -conforming single lot of record located within the Shoreland Management District
may be allowed as a building site without variances from lot size requirements, provided
that:
(1) All structure and septic system setback distance requirements can be met;
(2) A Type 1 sewage treatment system consistent with Minnesota Rules, Chapter
7080, can be installed or the lot is connected to a public sewer; and
(3) The impervious surface coverage does not exceed 25 percent of the lot.
(b) In a group of two or more contiguous lots of record under a common ownership. an
individual lot must be considered as a separate parcel of land for the purpose of sale or
development, if it meets the following requirements:
(1) The lot must be at least 75% of the dimensional standard for lot width and lot size
for the shoreland classification;
(2) The lot must be connected to a public sewer, if available, or must be suitable for
the installation of a Type 1 sewage treatment system consistent with Minnesota
Rules, Chapter 7080, and local government controls;
(3) Impervious surface coverage must not exceed 25 percent of each lot; and
(4) Development of the lot must be consistent with the City's comprehensive plan.
(c) A lot subject to paragraph (b) not meeting the requirements of paragraph (b) must be
combined with the one or more contiguous lots so they equal one or more conforming
lots as much as possible.
(d) Notwithstanding paragraph (b), contiguous non -conforming lots of record in the
Shoreland Management District under a common ownership may be sold or purchased
individually if each lot contained a habitable residential dwelling at the time the lots came
under common ownership and the lots are suitable for, or served by, a sewage treatment
system consistent with the requirements of Minnesota Statutes Section 115.55 and
Minnesota Rules, Chapter 7080, or connected to a public sewer.
(e) In evaluating all variances, zoning and building permit applications, or conditional use
requests, the zoning authority shall require the property owner to address, when
appropriate, storm water runoff management, reducing impervious surfaces, increasing
setback, restoration of wetlands, vegetative buffers, sewage treatment and water supply
capabilities, and other conservation -designed actions.
(f) A portion of a conforming lot may be separated from an existing parcel as long as the
remainder of the existing parcel meets the lot size and sewage treatment requirements of
the zoning district for a new lot and the newly created parcel is combined with an
adjacent parcel.
Section 3. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this 251" day of June, 2012, by the City Council of the City of
Chanhassen, Minnesota.
��q -Z
Todd Gerhardt, City Manager
" z, -L 4 �r
Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on July 5, 2012
CITY OF CHANHASSEN
CARVER AND HENNEPIN
COUNTIES, MINNESOTA
ORDINANCE NO. 543
AN ORDINANCE AMENDING
CHAPTER 20
CHANHASSEN CITY CODE,
ZONING
CONCERNING NON-
CONFORMING LOTS OF
RECORD
THE CITY COUNCIL OF THE
CITY OF CHANHASSEN, MINNE-
SOTA.ORDAINS:
Section 1. The Chanhassen
City Code is amended by amending
section 20-73(c) to read as follows:
(c) If a non -conforming lot
or parcel is, or at any time since
June 25, 2012, has been held in
common ownership with all or part
of an adjoining or abutting parcel
or lot, then such non -conforming
lot or parcel and such adjoining
or abutting parcel or lot shall be
deemed one lot. If in a group of
two or more adjoining or abutting
lots or parcels owned or controlled
by the same person, any single lot
or parcel does not meet 75% of the
full minimum depth, width, and
area requirements of this Chapter,
such single lot or parcel shall not be
considered as a separate lot or par-
cel able to be conveyed or developed
under this Chapter
Section 2. Ti� Chanhassen
City Code is amended by adding
section 20-490 to read as follows:
Sec. 20-490. - Non -Conforming
Lots.
(a) Anon-conformingsingle
lot of record located within the
Shoreland Management District
may be allowed as a building site
without variances from lot size
requirements, provided that:
(1) All structure and septic
system setback distance require-
ments can be met;
(2) A Type 1 sewage treat-
ment system consistent with Min-
nesota Rules, Chapter 7080, can be
installed or the lot is connected to
a public sewer; and
(3) The impervious surface
coverage does not exceed 25 percent
of the lot.
(b) Ina group of two or more
contiguous lots of record under: a
common ownership. an individual
lot must be considered as a separate
parcel of land for the purpose of
sale or development, if it meets the
following requirements:
(1) The lot must be at least
75% of the dimensional standard
for lot width and lot size for the
shoreland classification;
(2) The lot must be con-'
netted to a public sewer, if avail-
able, or must be suitable for the
installation of a Type 1 sewage
treatment system consistent with
Minnesota Rules, Chapter 7080, and
local government controls;
(3) Impervious surface cov-
erage must not exceed 25 percent
of each lot; and
(4) Development of the lot
must be consistent with the City's
comprehensive plan..
(c) A lot subject to para-
graph (b) not meeting the require -
'Wits of paragraph (b) must be
Combined with the one or more
contiguous lots so they equal one
or more conforming lots as much
as possible.
Affidavit of Publication
Southwest Newspapers
State of Minnesota)
)SS.
County of Carver )
Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized
agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil-
lager and has full knowledge of the facts herein stated as follows:
(A) These newspapers have complied with the requirements constituting qualification as a legal
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as
amended.
(B) The printed public notice that is attached to this Affidavit and identified as No. V
was published on the date or dates and in the newspaper stated in the attached Notice and said
Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
and publication of the Notice:
abcdefghijklmnopgrstu z
Laurie A. Hartmann
Subscribed and sworn before me on
this Jday of 2012
JYMME JEANNETTE BARK
' NOTARY PUBLIC - MINNESOTA
Not tblic
MY COMMISSION EXPIRES 01/31113
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch
Maximum rate allowed by law for the above matter ............................... $31.20 per column inch
Rate actually charged for the above matter ........ ............... ................... $12.59 per column inch
(d) Notwithstanding para-
graph (b), contiguous nonconform-
ing lots of record in the Shoreland
Management District under a
common ownership may be sold or
Purchased individually if each lot
contained a habitable residential
dwelling at the time the lots came
under common ownership and the
lots are suitable for, or served by,
a sewage treatment system con-
sistent with the requirements of
Minnesota Statutes Section 115.55
and Minnesota Rules, Chapter 7080,
or connected to a public sewer
te) in evaivacing all vari-
ances, zoningMJ%ildJnAt1
WPW I11?AhAe 4itibt<®1YIER)
requesMMw2pningauPtht)rit5rahtE L.
regiirefthelT perty owner-fo ad-
dress, when appropriate, storm wa-
ter runoff management, reducing
impervious surfaces, increasing
setback, restoration of wetlands,
vegetative buffers, sewage treat-
ment and water supply capabilities,
and other conservation -designed
actions.
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