1f. Dock Setback Zoning Ordinance CITYOF pp
1 CHANHASSEN
1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Action by City Administrator
1 Endorse'
Modified
MEMORANDUM Rejecter__„...
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Date Submitted to CommisSidll
TO: Don Ashworth, City Manager
Date Submitted to Cow
FROM: Kate Aanenson, Senior Planner � �
DATE: April 21, 1993
SUBJ: Dock Setback Zoning Ordinance Amendment, Second and Final Reading
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At the last City Council meeting on April 12, the Council reviewed the proposed dock setback
1 ordinance. A question was raised regarding boat lifts in the dock setback zone. In February of
1992, the Boats and Waterways and Recreational Beachlot Ordinances were amended to state that
"no watercraft or boat lift shall be kept, moored , docked or stored in the dock setback zone ".
' The proposed amendment has been modified to state the only exemption to the dock setback zone
would be under a wetland alteration permit granted by the city.
ATTACHMENTS
1 1. Proposed zoning ordinance amendment.
2. City Code, Chapter 6, Boats and Waterways.
3. City Council minutes dated April 12, 1993.
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� PRINTED ON RECYCLED PAPER
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
1 ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20 AND CHAPTER 6
OF THE CHANHASSEN CITY CODE CONCERNING DOCK SETBACKS
1 THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Section 20 -1 and Section 6 -1 of the Chanhassen City Code are amended by
amending the definition of "dock setback zone" to read as follows:
DOCK
1 SETBACK ZONE: Dock setback zone means the area inside and running parallel to and ten
(10) feet from the extended lot lines of a lot abutting a lake. "Extended
lot lines" means an extension of the side lot lines 100 feet into a lake from
' and at a right angle to a line drawn between the intersection of each side
lot line and the ordinary high water mark. If the extended lot lines of
' adjoining lots overlap, then the common extended lot line between the lots
shall be at an angle which equally divides the area of overlap.
Exemption from dock setback: A wetland alteration permit issued by the city
stipulating the location of a dock.
Section 2. Section 6 -22 of the Chanhassen City Code is amended by adding
subparagraph (c) to read as follows:
(c) On or before June 1, 1993, all docks not already conforming to dock
setback requirements must come into compliance with dock setback requirements.
Section 3. This ordinance shall be effective immediately upon its passage and
publication.
1 PASSED AND ADOPTED by the Chanhassen City Council this day of
1993.
1 ATTEST: v -
Don Ashworth, Clerk/Manager Donald J. Chmiel, Mayor
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1 (Published in the Chanhassen Villager on , 1993.)
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§ 6.24 CHANHASSEN CITY CODE
(2) Obstruct reasonable use or access to any other dock, mooring or other structure
authorized under this chapter;
(3) Present a potential safety hazard; or
(4) Be detrimental to significant fish and wildlife habitat or protected vegetation.
(Ord. No. 73, § 3.01, 7.11 -83)
Sec. 6-25. Construction and maintenance generally.
Docks, moorings and other structures may be constructed of such materials and in such a 111 manner as the owner determines, provided that they shall be so built and maintained that
they do not constitute a hazard to the public using the waters of the lake and they shall be
maintained in a workmanlike manner.
(Ord. No. 73, § 3.07, 7-11-83)
Sec. 6-26. Docks. '
(a) No dock shall exceed six (6) feet in width and no dock shall exceed the greater of the
following lengths:
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(1) Fifty (50) feet; or
(2) The minimum straight -line distance necessary to reach a water depth of four (4) feet.
(b) The width (but not the length) of the cross -bar of any "T" or "L" shaped dock shall be
included in the computation of length described in the preceding sentence. The cross - bar of
any such dock shall not measure in excess of twenty -five (25) feet in length. No dock shall
encroach upon any dock set -back zone; provided, however, that the owners of any two (2)
abutting lakeshore sites may erect one (1) common dock within the dock set - back zone
appurtenant to the abutting lakeshore sites, if the dock is the only dock on the two (2)
lakeshore sites and if the dock otherwise conforms with the provisions of this chapter. No
more than one (1) dock shall be permitted on any lakeshore site. 1
(c) No person shall store fuel upon any dock.
(d) No oscillating, rotating, flashing or moving sign or light may be used on any dock. 1
(e) No advertising signs shall be displayed from any dock.
(Ord. No. 73, §§ 3.02, 3.03, 3.09, 3.10, 7- 11 -83)
Sec. 6-27. Mooring, docking, etc., of watercraft.
(a) Except for privately -owned commercial resorts or commercial boat landings estab- '
I lished prior to July 11, 1983, no person shall moor overnight, dock overnight, or store
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overnight more than three (3) watercraft on any lakeshore site or upon the waters of any lake.
Docking of watercraft at any lakeshore site or storage of watercraft upon any Lakeshore site is
permissible however at any time other than overnight.
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BOATS AND WATERWAYS § 6.29
(b) No watercraft shall be moored or docked overnight on the water of any lake unless:
' (1) It is currently registered pursuant to Minnesota Statutes chapter 361 in the name of
the owner of the lakeshore site in front of which the watercraft is moored or docked,
or
' (2) The watercraft owner has written permission from the owner of the lakeshore site in
front of which the watercraft is moored or docked. The lakeshore owner may not
receive or be entitled to any payment for the written permission.
1 (c) Except as provided in section 6- 27(b), no watercraft or boat lift shall be kept, moored,
docked or stored in the dock setback zone.
(Ord. No. 73, §§ 3.04, 3.05, 7.11.83; Ord. No. 160, §§ 1, 2, 2. 10-92)
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Sec. 6-28. Swimming rafts, ski jumps, diving taverns, etc.
(a) Swimming rafts may only be located directly in front of a lake shore site owned by the
raft owner or with the written approval of the owner of the lake shore site. All swimming rafts
shall meet the minimum standards in this subsection. Their size shall not exceed one hundred
' forty - four (144) square feet. Swimming rafts shall project over the water surface not less than
one (1) foot and not more than five (5) feet, measured vertically, above the surface of the lake.
Swimming rafts shall not be located in areas with a depth of less than seven (7) feet. Swimming
' rafts shall be reflectorized as provided in subsection (b). Their distance from the ordinary high
water mark shall not exceed one hundred (100) feet.
(b) Swimming rafts, ski jumps, diving towers and other structures surrounded by the
waters of any lake, whether floating or on posts, shall be lighted with a light visible in all
directions, or have attached thereto sufficient reflectorized material so as to reflect light in all
' directions. The material shall be capable of retaining eighty (80) percent of its dry weather
reflective signal strength when wet.
(Ord. No. 73, §§ 3.06, 3.09, 7.11 -83; Ord. No. 109, § 1, 9- 29 -89)
Sec. 6 Fueling facilities.
I Installation of fueling facilities on docks, moorings and other structures shall be prohibit-
ed. Any fueling facilities which were in active use prior to September 7, 1983, shall be deemed
to be nonconforming uses. No such nonconforming fueling facility shall be enlarged or altered
' or increased or occupy a greater area than that occupied on September 7, 1983. Any noncon-
forming fueling facility which is partially or totally destroyed by any cause, may be restored
to its former use and physical dimension if said restoration is completed within one (1) year of
' its partial or total destruction. Maintenance and necessary repairs of a noncon-
forming fueling facility are permitted provided that any such maintenance or repairs do not
extend, enlarge or intensify such fueling facility.
(Ord. No. 73, § 3.11, 7- 11 -83)
Supp. No. 4
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City Council Meeting - April 12, 1993
are the same way. They have units within the city. The Rotary has it's unit
here in the city. So some terminology like that might get around what you're
looking for.
Mayor Chmiel: Well, we'll see what we can come up with.
Roger Knutson: Yeah, we'll work on that.
Mayor Chmiel: Okay. All those in favor say aye. '
Councilman Wing moved, Councilman Senn seconded to approve the first reading of
an amendment to the Solicitor's Ordinance. All voted in favor and the motion
carried unanimously.
ZONING ORDINANCE AMENDMENT TO THE CITY CODE TO DEFINE DOCK SETBACK ZONES, FIRST
READING.
Paul Krauss: Well Mr. Mayor, I'll take a crack at this but is there a desire to
lay it over? No? I was kind of hoping. Il•
Mayor Chmiel: I don't know, I was looking at some of these things here. You
know why redo what we've already had in effect, and I think all you wanted to do
was just to put a clarification in there. And that clarification was all that
we w8nied. All of a sudden this is all changed around and it looks like we've
chap =.. the position from where we were before as to where we are right now and
that' sort of defeating the issue that we were already indicated what we wanted
done.
Councilman Senn: Yeah, I had some questions about it before and I guess Kate's
really the one who's worked on this and I guess maybe Paul's comment, it seemed II
like it'd be maybe appropriate to wait until Kate's here.
Councilman Wing: There's going to be no new information. We've taken a lot of '
testimony of all the neighborhoods. I mean we've debated this at length. Hour
after hour and there's no new information going to come in because the issue was
very clear cut. And if she wants to present information, then we've got to
bring all the neighbors back in that weren't there this last time because they
think it's a done deal and they're protected. So I would move approval of this
with the exception that I would delete Exemption 2. Exemption 1 I think is a
catch up item. So I would move approval of the amendment with the deletion of
Exemption 2, which leaves us where we were.
Mayor Chmiel: Previously? '
Councilman Wing: Yep. And it's the first reading. If Kate's got some
information that's pertinent, fine.
Paul Krau:.s: If she has something new, I'm sure she just didn't come up with
it. There's got to be a reason behind it. ,
Councilman Senn: Why did she have 2 in there, do you know?
Paul Krauss: I really couldn't tell you. '
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City Council Meeting - April 12, 1993
Councilman Wing: Well there shouldn't have been any. There was only supposed
to be a clarification.
Paul Krauss: Unless Roger you have something to add. I'm just not certain.
' i Roger Knutson: No. What our office worked on is that first definition of
defining what the dock setback zone is as far as 100 foot and all that stuff.
That came from our office. Working with Kate, but the rest of it.
Councilman Wing: I think that change'would be out of order Paul.
' Paul Krauss: Which?
Councilman Wing: The exemption would be out of order.
Councilman Mason: Is there a motion on the floor?
Mayor Chmiel: Yeah, there's a motion on the floor.
' Councilman Mason: I'll second that.
' Mayor Chmiel: Okay. Any other discussions?
Councilman Senn: Question. This is first reading?
Mayor Chmiel: Yes.
Councilman Senn: So that's something that Kate can come in and tell us what
she's doing before second reading?
Mayor Chmiel: Right. With the eliminations as Richard has indicated.
' Councilman Wing moved, Councilman Mason seconded to approve the first reading of
Zoning Ordinance Amendment to the City Code to Define Dock Setback Zones amended
by deleting Exemption 2. All voted in favor and the motion carried unanimously.
' SET MEETING DATE TO DISCUSS THE CITY'S MISSION STATEMENT. CITY MANAGER.
' Don Ashworth: City Council had asked that this item be put onto this agenda so
we could kind of look at calendars and make a decision as to when you want to
meet again. That's my recollection. We are meeting the first Monday in May.
We picked that first Monday in May as a work session for.
Councilwoman Dockendorf: Yes, we're talking about downtown.
Don Ashworth: To talk about.
Councilwoman Dockendorf: Downtown. That's what I have.
' Councilman Senn: The 5:00 meeting on the 3rd is strictly downtown. No other
issues is what I have written down.
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