11. Zoning Ordinance to Amend 20-30 and 20-903 recording of permits and zoning I _ .
CITY OF I/
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690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317
,' 612 937-1900 • FAX (612) 937 5739 ?eft I � � � � by City Admfn;strator
Endorsed .✓.A/19-
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MEMORANDUM Reisce — --
TO: Don Ashworth, City Manager ( Date Sac T. 'e� to Co'^n,aim
IFROM: Paul Krauss, Planning Director V Date suLmtted to Council
S"- -yo
IDATE: May 7, 1990
SUBJ: Proposed Ordinance Amendments Establishing a Requirement
for Filing of Variances, Conditional Use Permits, Site
I 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
Ithe Establishment of a Zoning Lot
PROPOSAL/SUMMARY
IAt staff's request, the City Attorney has provided ordinance
amendments resolving two issues that we have been periodically
I 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
I 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
I 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
I 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
I 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
I . 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
I 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
the permit and for providing proof of recording to the City.
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.
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 I
Thomas J. Campbell
Roger N. Knutson (612) 456-9539
Thomas M. Scott Facsimile (612) 456-9542
Gary C. Fuchs
James R. Walston
Elliott B. Knetsch
Dennis J. Unger
April 27, 1990 -.
v. s7
APR 30 1994 I
Mr.. Paul Krauss art OF CHANHASSEN
Chanhassen City Hall
690 Coulter Drive, Box 147
Chanhassen, Minnesota 55317
RE: Recording Permits/Zoning Lots
Dear Paul: I
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, I
CAMPBELL KNUTSON, SCOTT
& FU S, P.A.
BY: - 1
Roger N. Knutson
RNK:srn
Enclosure
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Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN 55122
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
' ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN
' CITY CODE, THE CITY'8 ZONING ORDINANCE
' The City Council of the City of Chanhassen ordains:
Section 1. Chapter 20 of the Chanhassen City Code is
Iamended 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
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PASSED AND ADOPTED by the Chanhassen City Council this I/
day of , 1990.
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ATTEST:
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Don Ashworth, Clerk/Manager Donald J. Chmiel, Mayor i
(Published in the Chanhassen Villager on , 1990. ) I
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