1j. Ordinance pertaining to recording of permits and zoning lots r. 2.4•I CITYOF --
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690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317
'' (612) 937-1900 • FAX(612)937-5739 I '�; Ifena by cry'kttninist?vtm
wale t/tvOr
Modified
I MEMORANDUM Rejected
Date 5--0)1—f0
TO: Don Ashworth, City Manager Date Submitted to Commissaf
IIFROM: Paul Krauss, Planning Director /C-- Dote Submitted to Cottict!
DATE: May 21, 1990 6I4_4v
IISUBJ: Proposed Ordinance Amendments Establishing a Requirement
for Filing of Variances, Conditional Use Permits, Site
1 Plan Approvals, Wetland Alteration Permits and Mining
Permits Against the Title to the Property for Which the
Permit is Granted and an Ordinance Amendment Dealing with
the Establishment of a Zoning Lot, Second and Final
1 Reading
I On May 14, 1990, the City Council granted first reading to two
ordinance amendments. The first ordinance amendment clarifies the
requirements for filing of conditions attached to approvals
I pertaining to variances, conditional use permits, interim use
permits, wetland alteration permits, site plan approvals, and
mining permits. The ordinance amendments would have the effect of
clarification to the requirements for filing of city approvals with
1 the title of the property so that future property owners can be put
on notice of conditions of approval and also places the requirement
for filing the permits on the applicant. The second ordinance
I amendment establishes a definition for zoning lots which will
clarify staff's administration of development standards on lots
comprised of several underlying tax parcels. No issues regarding
II the ordinance amendments were raised during the first reading.
STAFF RECOMMENDATION
•
II Staff recommends that the City Council approve second reading of
the attached ordinance amendments.
IATTACHMENTS
1. Memo from Paul Krauss dated May 7, 1990.
2. City Council minutes dated May 14, 1990.
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CITYOF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
- (612) 937-1900 • FAX (612) 937-5739
Action by City Administrator
Endorse '
MEMORANDUM Modifies
Rejec
Date te
TO: Don Ashworth, City Manager Dtte Submitted to Commission
' FROM: Paul Krauss, Planning Director
Pete Submitted to t;ounc
DATE: May 7, 1990 9a
' SUBJ: Proposed Ordinance Amendments Establishing a Requirement
for Filing of Variances, Conditional Use Permits, Site
Plan Approvals, Wetland Alteration Permits and Mining
Permits Against the Title to the Property for Which the
Permit is Granted and an Ordinance Amendment Dealing with
the Establishment of a Zoning Lot
1
PROPOSAL/SUMMARY
' At staff's request, the City Attorney has provided ordinance
amendments resolving two issues that we have been periodically
confronted with. The first pertains to the recording of approvals
granted by the City against the title for the property for which
the permit is granted. This has been prepared in response to
concerns raised by staff regarding inconsistencies with the
' recording of city approvals against property title. In the past,
city approvals have been recorded against properties on a hit and
miss basis. One of the main problems has been the lack of
' cooperation by the owner and the difficult of providing sufficient
legal documentation to permit recording. In addition, while we
have attempted to record the approvals there was nothing in the
ordinance that actually requires the practice. It is also unclear
as to who has responsibility of recording these approvals.
Problems develop after property changes hands several times and the
city wishes to enforce a condition of approval. ' It is our belief
' that the highest levels of compliance can only be guaranteed if all
of these approvals are recorded against the property in question so
that all future owners are fully aware of the requirements of the
' approval. Consequently, the City Attorney has drafted an ordinance
amendment that does require the recording of all permits. Staff
would like to propose 3 minor amendments to the City Attorney's
language. Time constraints did not allow us to have the ordinance
redrafted prior to the Planning Commission meeting. The first is
that the ordinance be drafted in such a way that it is clear that
the applicant for the approval has the responsibility for recording
I
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the permit and for providing proof of recording to the City. i
Second, no permits related to the activity nor the activity itself
shall be initiated until the approval and conditions have been
recorded. The last revision should be designed to include interim
use permits.
The second ordinance amendment concerns problems that staff
confronts when a building site is comprised of two or more
underlying parcels. This normally only occurs in residential
situations and most commonly applies in areas such as Carver Beach.
Carver Beach with the 20 foot wide subdivision that underlies the
area requires that homesites be comprised of several recorded
parcels which are merged for tax purposes. However, on the county
plat map property lines still show up as individual parcels. This
presents staff with a somewhat difficult procedural problem since
the ordinance requires that setbacks be applied at all property
lines and this is inappropriate in this instance. To respond to
this concern, the City Attorney has developed the idea of a zoning
lot which would be approved by the City Planner if it complies with
lot requirements of the district for which it is located and has a
single tax identification number. Lots that are joined into a
single tax parcel cannot be split without City Council approval.
For all intensive purposes, a zoning lot with function as any other
lot. ,
The Planning Commission reviewed this item at their May 2nd meeting
and recommended approval of both ordinance amendments. The City
Attorney has since revised the ordinance to reflect the changes
proposed by staff.
STAFF RECOMMENDATION
Staff recommends the City Council approve the zoning ordinance
amendment amending Section 20-30, Recording Permits. I
Staff recommends the City Council approve Section 20-903, Zoning
Lots, as written on the attached amendment.
ATTACHMENTS
1. Ordinance amendment.
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CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attorneys at Law
Thomas J. Campbell
Roger N. Knutson (612)456-9539
Thomas M. Scott Facsimile(612)456-9542
Gary G. Fuchs
James R. Walston
Elliott B. Knetsch •
Dennis J. Unger
April 27, 1990
APR 3 0 1993
' Mr. Paul Krauss Cal OF CHA NHASSEN
Chanhassen City Hall
690 Coulter Drive, Box 147
' Chanhassen, Minnesota 55317
RE: Recording Permits/Zoning Lots
Dear Paul:
' Enclosed please find revised ordinance amending Chapter 20
of the City Code, the Zoning Ordinance, concering recording
permits and zoning lots. The only change from previous draft is
in Section 1 .
' Very truly yours,
1 CAMPBEL KNUTSON, SCOTT
& FU S, P.A.
s
1 B :
Roger N. Knutson
RNK:srn
Enclosure
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Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN 55122
111
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN I
CITY CODE, THE CITY'S ZONING ORDINANCE
The City Council of the City of Chanhassen ordains:
Section 1. Chapter 20 of the Chanhassen City Code is '
amended by adding Section 20-30 to read as follows:
Sec. 20-30. Recording Permits.
Variances, conditional use permits, interim use permits,
site plan approvals, wetland alteration permits, and mining
permits shall be recorded against the title to the property for
which the permit is granted. Such permits shall be invalid unless
they are recorded within 120 days after they are approved by the
City. The permit applicant is responsible for recording the
document and providing the City proof of the recording within the
120 day period. The City Council may approve an extension of time
within which to record the permits. No related City permit may be
issued and no construction or use may commence until after the
permit is recorded and the City has received proof of the
recording.
Section 2. Chapter 20 of the Chanhassen City Code is
amended by adding Section 20-903 to read as follows:
Sec. 20-903. Zoning Lots. '
A) The designation of a zoning lot shall be approved by the
City Planner if it complies with the lot requirements of the
district in which it is located and has a single tax identifi-
cation number.
B) Interior lot lines within a zoning lot shall be '
disregarded in applying setbacks and other zoning ordinance
standards.
C) After designation of a zoning lot the lot may not be
subdivided without complying with the City's subdivision
regulations. ,
Section 3. This ordinance shall be effective immediately
upon its passage and publication. '
r04/27/90 '
PASSED AND ADOPTED by the Chanhassen City Council this
day of , 1990.
ATTEST:
1
Don Ashworth, Clerk/Manager Donald J. Chmiel, Mayor
(Published in the Chanhassen Villager on , 1990. )
_'
Planning Commission Meeting •
( May 2, 1990 - Page 33
3 . Enter into a development agreement with the City .
All voted in favor and the motion carried.
PUBLIC HEARING:
ZONING ORDINANCE AMENDMENT TO AMEND SECTIONS 20-30 AND 20-903 OF THE CITY II
CODE PERTAINING TO RECORDING OF PERMITS AND ZONING LOTS.
Paul Krauss presented the staff report . '
Conrad: Tell me the process , going back to the first one Paul . Recording
permits or conditional use permits or whatever . How does that work? So
you get a conditional use permit . Go through the process that somebody
would follow to get this recorded and tell me how it 's controlled . I still
don 't understand . If we approve the conditional , take it from the point
that the City Council approves it , tell me what happens . '
Krauss: We get a City Council resolution that says that on such and such a
date the City Council authorized it subject to these conditions and it 's II
signed by the Mayor . We would then have that filed down against the
property at the County .
Conrad: So Chanhassen would?
Krauss: Well we tried in the past .
Conrad: No , tell me the new . ,
Krauss: Well what we'd like to do is first of all lay it out in the
ordinance that , I mean right now State law does require these things but
our ordinance doesn 't mention it . In the past when we 've tried to do it ,
we oftentimes get there after the fact and we don't have , and I 'm terrible II on what kind of proeprty is which , if it 's Torrens property but we don 't
have the title certificate . We don't have all the owners complying down
there with us to sign off to say that they're willing to have this pledged
against their property . So we 're saying the applicant's going to have to I
do it and show us that they did it or else the permit 's invalid.
Conrad: So they have to show you that they did it. Now how do they do
that?
Krauss: Well we can get a copy of the recorded document that is given to
the County .
Conrad: So you 're going to do that every time. Is there a little system
you set up? Every time there 's a variance or a conditional use, that you 11
set up a tickler system that one month from now they have to prove that
they did it? Otherwise the City sends . . .
Krauss: Or if there 's a building permit relative to that request , the
building permit won 't be issued until they've demonstrated it .
I
Planning Commission Meeting
May 2, 1990 - Page 34
11 Conrad: Well is that what you 're using to monitor it?
Krauss: It will be , yes .
' Conrad: So it 's not really a tickler system to make sure they did it?
You 're waiting for an activity . A building permit.
Olsen: Sometimes it 's not a building permit associated and that's when we
would use the .
Conrad: So there is a system. I guess I 'm just curious what the system is
that you 're going to set up to monitor this .
Krauss: There will be a system that does that . In the past what 's
happened is by the time we get these resolutions together and get them
signed , a month maybe two months has passed . By the time our secretary
' gets to take it down to the County maybe another couple of months has
passed . By that time the thing's up and running . It 's long gone or the
owners won 't cooperate . We 've had very poor success in getting these
things recorded after the fact .
' Erhart: . . .you can 't get the document . . .
Krauss: You have to have the owners compliance and you need the title .
Conrad: Why issue the permit until it 's recorded then? Why not wait for
the Mayor to sign off until it 's recorded?
' Krauss: That 's in fact what we 're saying here . Right now there 's nothing
in City ordinances that has that requirement . We 're proposing that that be
put in .
Conrad: Okay . That 's my only question .
Erhart: What does the County Recorder think about this?
Krauss: They 've actually been fairly cooperative .
Emmings: They can charge you a fee .
' Krauss: The Hennepin County Recorder , even though State law requires that
these things be filed against the property, the Hennepin County Recorder
has refused and has refused since the law was changed.
' Erhart: When you 're talking about an Abstract which is a legal sized
document .
Emmings: They don't have to do anything with the Abstract whatsoever .
Ahrens: No , it doesn 't have anything to do with the Abstract . They just
' take the permit down to the County and either they file it with the County
Recorder 's Office or the Registrar of Titles Office depending on what kind
of land it is .
Planning Commission Meeting
May 2 , 1990 - Page 35
I
Erhart: Okay, but we 're talking about both drawings and legal descriptions
now right?
Ahrens: They can only file a document against it.
Krauss: It's the conditions . ,
Erhart: So it 's not a drawing?
Olsen: No . '
Erhart: If we 're talking about filing a conditional use permit , normally
the drawings are such . I 'm under the impression that you 're going to be
walking down there with a big set of drawings .
Olsen: It 's a resolution that refers to plans dated .
Erhart: Okay, so it 's not the drawings?
Ahrens: It just shows up as a little entry . ,
Erhart: The entry that shows up in your Abstract?
Emmings: It will after they 're brought up to date .
Erhart: Like an easement? ,
Emmings: Yeah . It gives notice to the person, if they're interested in
the property, that there have been some limitations placed on his property
or some approvals granted and if they want more information, than they have,
to come to the City and look at the documents .
Erhart: Okay . We 're not talking about stapeling a whole enclycopedia? '
Emmings: Oh no .
Ahrens: All you'd have to do is make a phone call to the County to find I
out if the . . .
Emmings: Well this is dynamite because this stuff doesn't exist otherwise .'
If it isn't recorded at the courthouse, it doesn't exist .
Batzli : How long does it take to record something at the County?
Krauss: I think it depends on what time of the year you get it .
Ahrens: It 's instanteous . You hand it over to them and the date of
recording is the date they accept it .
Erhart: And you get it back within a week? '
Emmings: Is that what you mean? That isn 't what I thought you meant is it?
I
Planning Commission Meeting
May 2 , 1990 - Page 36
' Batzli : How long is that going to delay people in getting the stamped copy
that it 's been recorded back?
' Krauss: We 've heard that it can be as long as 2 to 3 weeks at peak times .
Ahrens: To get what?
Krauss: To get them to go through their stack of things they're supposed
to be recording and to actually get it recorded .
Ahrens: Well they actually record it right away . You just don't find out
that they record it for several weeks .
' Ellson: But that 's what we need the verification .
Krauss: In fact that 's been one of the problems in the past is that we 've
' submitted things for recording and 3 weeks later we find out that for some
reason it couldn 't be recorded .
Ahrens: Yeah but generally you can call down there and they 'll give you a
' document number immediately . That document number for the recording . I
mean I do that in Hennepin County and in Hennepin County they deal with a
lot more documents than Carver County . I mean you can get document numbers
immediately .
Olsen: In Hennepin County .
' Ahrens: It 's true , you can . You don 't get the documents back if it 's
torrens property because they keep all the original documents so you just
make a phone call . It's very easy . They charge $10 .00 I think to record
it .
Erhart: Is there anyway , concern it 's a legitimate one if you 're doing a
condition or a variance or whatever you 're trying to get started here and
all of a sudden you , before they can get started you 're asking for proof
that it got recorded . It 's conceiveable that the process could get a month
' long or longer delayed -depending on, you 're talking about an ordinance ,
you 're probably going to need a place for eternity . If the thing got to be
6 weeks .
' Ahrens: That would be the exception. That just is not , I mean that 's not
enough of a concern to be worried about.
Batzli : Getting approval from the City is already such a slow process ,
I guess a couple of weeks . For instance , the worse case scenario would be
the person 's going to do something , some temporary interim use and it takes
2 weeks to talk to staff . A week to get on our agenda . A couple more
' weeks to go to City Council . A couple more weeks to get you recorded.
Krauss: In addition, if it 's anything that requires building , they have
' several weeks of after submitting their building plans before they 're able
to pull a building permit anyway .
Planning Commission Meeting
May 2, 1990 - Page 37
Conrad: What else? Anything else? Is there a motion? '
Erhart: I move that the Planning Commission recommends approval of the
Zoning Ordinance Amendment amending Section 20-30, Recording Permits ,
conditioned upon revising the ordinance as follows , and using the words
that the staff has used in the report . The 3 conditions. 3 requirements I
guess. And then also include with that , recommend that the Planning
Commission also approves Section 20-903, Zoning Lots as written on the
attached amendment .
Conrad: Is there a second?
Ellson: Second .
Erhart moved, Ellson seconded that the Planning Commission recommend '
approval of Zoning Ordinance Amendment amending Section 20-30, Recording
Permits, conditioned upon revising the ordinance as follows:
1 . The ordinance be drafted in such a way that it is clear that the
applicant for the approval has the responsibility for recording the
permit and for providing proof of recording to the City . '
2. No permits related to the activity nor the activity itself shall be
initiated until the approval and conditions have been recorded . '
3. The ordinance also be designed to apply to interim use permits .
Also recommending approval of Section 20-903, Zoning Lots, as written on II
the attached amendment. All voted in favor and the motion carried.
BUSINESS FRINGE DISTRICT, STATUS, BACKGROUND PAPER, DISCUSSION.
Paul Krauss presented the staff report on this item .
Conrad: Thanks Paul for kicking it off. Tim, why don 't you jump in .
We'll let you kind of steer the balance of the meeting , as hard as that's
going to be for us . '
Erhart: I 'm confused. I 'm confused about Moon Valley and the gravel
thing . Moon Valley isn't in the SF district now?
Krauss: No it isn't . It's in the A-2 district and mining operations are a
permitted conditional use or now an interim use in the A-2 district .
Erhart: I mean your argument to say that that's a disadvantage because
then now this , the conversion of the A-2 is a disadvantage because now this
is A-2 and mining could be put into this area . I mean there's a whole
valley there that 's in the A-2 . The whole stretch is in the A-2 district II
now so that 's a real minor disadvantage . I was just wondering if we were
together on that . I was wondering if I misunderstood but I don 't so .
• City Council Meeting - May 14, 1990
II
11 have to explain what a utility district is if we're going to ask questions about
it.
Councilman Johnson: It's an pretty interesting new concept for a lot of people. J
ICouncilwoman Dimler: Right but they should also be able to feed back to us what
they think.
ICouncilman Johnson: I think there would be an announcement of public meetings
too where they can come and talk about it.
IMayor Chmiel: I think what we should do is get a motion on this to accept the
concept plan for the storm water utility.
IICouncilwoman Dimler: Second.
Mayor Chmiel moved, Councilwoman Dimler seconded to accept the Concept Plan for
I Storm Water Utility, Authorize preparation of final storm water utility report
and call for a public information meeting. All voted in favor and the motion
carried.
Gary Warren: Did that motion include scheduling the public information meeting
for mid-June?
IIMayor Chmiel: Yes. Well it doesn't that here.
Councilman Johnson: And there's a work session you want June 18th?
IGary Warren: At Council discretion I guess we could have a work session June
18th after we get a little bit better definition on the CIP.
ICouncilman Johnson: I will be in Omaha that day.
Councilwoman Dimler: I won't be here either.
IGary Warren: Well if there's a better date. I'll have Kim try to coordinate
schedules.
IIZONING ORDINANCE AMENDMENT TO AMEND SECTIONS 20-30 AND 20-903 OF THE CITY CODE
PERTAINING TO RECORDING OF PERMITS AND ZONING LOTS, FIRST READING.
IPaul Krauss: Mr. Mayor, we have two housecleaning items for want of a better
description here. The first one is pertaining to the filing • f permit
approvals, conditional use permits and what not against the property's title.
I In the past we've had a requirement, in fact I think it was a State law that
some of these things be recorded but the City's had some difficulty in recording
some of these things that property owners will give certificate of titles after
I the fact it's very difficult to oftentimes to get these things done. We think
that it's imperative that we clear this up a little bit because this is our best
mechanism of putting the conditions in the chain of title and future buyers are
II made aware of it. So the City Attorney drafted an ordinance that stipulates the
recording of permits as a requirement and that whatever we are permitting does
not take place until the permit's recorded and we have some evidence of that.
I38
II
City Council Meeting - May 14, 1990 . 1
The second housecleaning item has to do with a situation that occurs when a
building parcel is comprised of several underlying lots that have been combined
for tax purposes. Technically we still have to apply setback standards to those
individual interior lot lines. Carver Beach is the most notorious example of
these where you might have eight 20 foot lots making up a parcel. The City
Attorney's come up with a concept of a zoning lot which is a lot that's combined
for tax purposes which allows us to only consider the perimeter of the lot for
setback requirements. I think it clears up a little bit of an anomaly that we
have right now. It's not a major problem but we've had a number of these things
come up and this really gives us guidance as to how to handle them. Again, I
think both of these things are relatively minor and they'll facilitate our work
in the future. -
Councilman Johnson: If you have a house on 8 of these 20 foot lots and you have
a 10 foot sideyard setback on a 20 foot wide lot.
Councilwoman Dimler: You're in trouble.
. Councilman Johnson: A 20 foot setback on a 20 foot lot, you've got to do
something reasonable.
Councilwoman Dimler: I have a question. I guess when I first read this I
thought that sounds great but I was wondering, is there a cost? I'm sure you
have to record this at the County. What's the cost? Is there a cost?
Paul Krauss: Yes. There is a cost but I don't know what it's really.
Roger Knutson: It's so much a page depending on how long the document is and
frankly my secretary writes out the checks so I don't know what it is. I think
it's $2.00 a page or $10.00 a document or something like that.
Councilwoman Dimler: So it's liable to cost up to $20.00?
Roger Knutson: Well your average variance usually run two pages. Or
conditional use, usually 2 pages.
Councilwoman Dimler: Okay, and also are you telling me that if I need a permit
to replace my deck, that that would have to be recorded? '
Paul Krauss: No. We're talking conditional use permits.
Roger Knutson: Not a building permit.
Councilman Johnson: Mining permits.
Councilwoman Dimler: Because on the second page here it says all permits so
that's why I was wondering.
Paul Krauss: No, it applies to variances, conditional use permit, interim use
permits and site plan approvals, wetland permits and mining permits.
Councilwoman Dimler: But I read somewhere where it says all permits so I wanted
to clarify that.
39
City Council Meeting - May 14, 1990
Mayor Chmiel: That wouldn't necessarily necess a building permit.
Councilwoman Dimler: I was hoping that was the case. Thank you. 1
Mayor Chmiel: Any other discussion? Hearing none, I'll entertain a motion.
' Councilman Johnson: Is this a first reading?
Paul Krauss: Yes.
Councilman Johnson: I move approval of the first reading of Ordinance amending
Section 20-30 and 20-903.
' Councilwoman Dimler: Second.
Councilman Johnson moved, Councilwoman Dimler seconded to approve the first
' reading of Zoning Ordinance Amendment amending Section 20-30, Recording Permits
and Section 20-903, Zoning Lots. All voted in favor and the motion carried.
' APPOINTMENT TO HOUSING AND REDEVELOPMENT AUTHORITY.
Todd Gerhardt: Mr. Mayor, this item was placed on the agenda to get feedback
' from the Mayor and Council regarding the appointment of a new commissioner to
the HRA. As stated in my memo, Chairman Cliff Whitehill's term expires at the
end of May 31st and Cliff has requested that he be reappointed for a 1 year
' period of time that he may assist in the transition of the new chairman. Or in
the past the Council has looked at advertising in the paper and requesting
advertising of a new commissioner's position.
' Councilwoman Dimler: Why does he only want to serve one year?
Todd Gerhardt: To help in the transition.
Mayor Chmiel: To train the chair.
Councilwoman Dimler: Who's going to be the new Chair?
Mayor Chmiel: Well that would be something that would be appointed.
' Councilwoman Dimler: So then next year we'll have to reappoint someone else to
take his place?
' Mayor Chmiel: Yes is what he's saying. Don, did you want to say something?
Todd Gerhardt: Well 2 people.
Don Ashworth: Yeah, I wanted to note that the HRA appointments are different
than really any of the other appointments you have with the city in that the
nomination can only occur by the Mayor and the Council's role is one of agreeing
' or not agreeing to the nomination made by the Mayor. So again I hadn't
anticipated this item being on the agenda. Instead potentially just working
with the Mayor to see how he would like to proceed.
' 40