8. Discussion of Accessory structure Ordinance CITYOF
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CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
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MEMORANDUM
TO: Don Ashworth, City Manager
' FROM: Jo Ann Olsen, Senior Planner
DATE: June 5, 1991
iSUBJ: Accessory Structure Regulations
' On April 8, 1991, the City Council adopted new regulations for
. accessory structures (Attachment #1) . The previous setbacks
allowed any size accessory structure to be as close as 5 feet from
' the rear lot line. The new regulations provide increased setbacks
depending on the size of the structure.
' a. Less than 140 square feet, minimum rear setback is five
(5) feet.
U b. 141 to 399 square feet, minimum rear setback is ten (10)
feet.
c. 400 square feet and above, minimum rear setback is thirty
' (30) feet.
Accessory structures in the RSF and R-4 Districts shall not exceed
' 1, 000 square feet.
The previous regulations on accessory structures were amended to
prevent accessory structures, which had no limitation on size, from
being located as close as 5 feet from the rear lot line. The
amendments were also to clarify the definition of structure and
what is required to meet setbacks.
An accessory structure, as defined by the ordinance, can be
anything from a garage to a swing set. Since the adoption of the
' ordinance amendment, staff has experienced some objections to the
increased setbacks and the 1,000 square foot maximum size.
Swimming pools are allowed to be 10 feet from the rear lot line
(Section 20-904 (a) 3) . Swimming pools are also limited to the 1, 000
square foot size and the RSF and R-4 Districts. Although not
often, the city does receive pool permit applications in excess of
1, 000 square feet. There is also usually a patio around the pool
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Accessory Structure Regulations
June 5, 1991
Page 2
' which adds to the structure area. A tennis court has at least
3 , 000 square feet in area and can go as large as 7,200 square feet.
Therefore, a tennis court would also be in violation of the 1, 000
square foot maximum size for an accessory structure in the RSF and
R-4 Districts.
The second issue to arise has been a request for a 400+ square foot
sand box. This is roughly comparable to the building footprint of
a two car garage. When staff explained that a 30 foot setback is
required, the owner stated that it was excessive and that he could
not meet it. He also argued that a setback for a sandbox was
ridiculous, that it is just a wood border with sand in it. Staff
further explained that a setback is not only for the structure but
for the related activity. The owner then commented that the
children are already playing in the back yard up to the rear lot
line and that the sandbox is not adding to the activity. After
' further discussion, the owner requested that this issue be brought
before the City Council. Staff agreed to this to allow the Council
to comment on how they intended the ordinance to be interpreted.
' One of the first ways to resolve the issue of the swimming pools,
tennis courts and unusual accessory structures was to exempt 'at
ground' structures and staff did consider this option. But,
' allowing activities directly adjacent to a neighbors property is
then still an issue. Although the structure may not be a visual
impact, the activity could still be a nuisance.
Staff would like direction from the City Council on how they would
like the ordinance interpreted, it should be amended and if there
should be exemptions.
' STAFF RECOMMENDATION
' Staff recommends that the City Council consider the issue of
accessory structure setbacks and determine if changes to the
ordinance are appropriate. If it is determined that modifications
' are warranted then comments should be provided to give staff
direction in bringing potential changes back to the Planning
Commission for review and recommendation.
' ATTACHMENTS
1. Ordinance amendment.
Manager's Comments:
"Accessory use" is a cliche' invented by a good samaritan who was
too kind to accurately define them - "uses too objectionable for
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Accessory Structure Regulations I
June 5, 1991
Page 3
you to see or hear, but perfect as punishment for your neighbor" . 1
How many times have you seen a metal shed placed outside the
owner's family room window in comparison to the number which have
been placed at the farthest corners of the lot or on the sides
facing the neighbors? Playhouse structures are becoming another
popular item - especially when built as close to the neighbor's
property as possible. Anyone who has lived next to a swimming pool
would find it difficult to believe that anyone could possibly call
this an "accessory" use. During the summer months it is the "only"
use.
The city should and does have a responsibility to ensure that one
property owner does not invade the privacy of another, nor that
that owner diminishes the other owner's property value or peace.
The recommendations of the Planning Department are, in my mind,
rather conciliatory - I would establish 30 feet for everything
(especially structures having any part of such over 8 feet in
height) . In light of the fact that I believe Planning's
recommendations are conciliatory, I had difficulty understanding
the complaint from the property owner planning to build a 40' x 40 '
sandbox adjacent to the neighbor's lot lines. The complaint
appeared unusual in that the only exception to the "placement
beyond view" syndrome is associated with the five to eight year
swing sets and sandboxes - such having to always be within mother's
view. When Paul told me that the complainant ran a day care
facility, relief set in restoring my belief in the true meaning of
"accessory use" .
Approval of the Planning Department's recommendation is
recommended.
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 145
AN ORDINANCE AMENDING CHAPTER 20 OF THE
CHANHASSEN CITY CODE, THE ZONING ORDINANCE
' The City Council of the City of Chanhassen ordains:
Section 1. Section 20-904 of the Chanhassen City Code is
' amended by reading as follows:
(a) A detached accessory structure, except a dock, shall be
located in the buildable lot area or required rear yard. No
accessory use or structure in any residential district shall
be located in any required front, side or rear setback with
' the following exceptions:
1. In the RSF and R-4 Districts accessory structures shall
not exceed 1, 000 square feet. These structures may
encroach into the rear setback as follows:
a. Less than 140 square feet, minimum rear setback is
' five (5) feet.
b. 141 to 399 square feet, minimum rear setback is ten
(10) feet.
c. 400 square feet and above, minimum rear setback is
thirty (30) feet.
' 2 . On riparian lots, detached garages and storage buildings
may be located in the front or rear yard but must comply
with front, side and applicable ordinary high water mark
setbacks and may not occupy more than thirty percent
(30%) of the yard in which it is built.
' 3 . Tennis courts and swimming pools may be located in rear
yards with a minimum side and rear yard setback of ten
(10) feet, however, must comply with applicable ordinary
' high water mark setbacks.
(b) A detached accessory structure may occupy not more than thirty
' percent (30%) of the area of any rear yard.
(c) For parcels with less than three (3) acres in any residential
or agricultural district, no access structure or use shall be
' erected or constructed prior to the erection or construction
of the principal or main building but may be erected
simultaneously.
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Section 2. Section 20-615 (6) of the Chanhassen City Code is
amended by reading as follows:
6 b. Accessory structures, twenty (20) feet.
Section 3 . Section 20-1 of the Chanhassen City Code is
amended by adding the following:
Lot, riparian means any lot within 75 feet of the ordinary '
high water mark of a lake, pond or wetland.
Storage building means a structure used for the storage of
materials and accessories used and normally associated with
the principal use of the property.
Section 4. This ordinance shall be in full force and effect
from and after its publication according to law.
Passed and adopted by the City Council this 8th day '
April , 1991.
ATTEST: '
. 400,
01 ;LLE341210
/ /
Don As worth, ity Manager Donald J. - " �iel, Mayor
(Published in the Chanhassen Villager on April 18, 1991) . '
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 144
' AN ORDINANCE AMENDING CHAPTER 20 OF THE
CHANHASSEN CITY CODE, THE ZONING ORDINANCE
' The City Council of the City of Chanhassen ordains:
Section 1. Section 20-1 of the Chanhassen City Code is
' amended by adding the following definition:
Structure means anything manufactured, constructed, or
erected which is normally attached to or positioned on land,
whether temporary or permanent in character, including but
not limited to: buildings, fences, sheds, advertising
signs, dog kennels, hard surface parking areas, boardwalks,
' playground equipment, concrete slabs.
Section 2. Section 20-908 (5) of the Chanhassen City Code is
' amended by adding subparagraph (e) to read as follows:
(e) Into any required front, rear, or side yard:
driveways, sidewalks, strand wire agricultural fence. -
ISection 3. This ordinance shall be in full force and effect
from and after is passage and publication according to law.
PASSED AND ADOPTED by the Chanhassen City Council this
Pth day of April , 1991.
ATTEST:
/(a
Don Ashworth, Clerk/Manager "onald J. Mayor
(Published in the Chanhassen Villager on April 18 , 1991. )
' r04/05/91