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C Ord Amend Accessory Structure CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone 952.227.1100 Fax 952.227.1110 Building Inspections Phone 952.227.1180 Fax 952.227.1190 Engineering Phone 952.227.1160 Fax 952.227.1170 Finance Phone 952.227.1140 Fax 952.227.1110 Park & Recreation Phone 952.227.1120 Fax 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone 952.227.1400 Fax 952.227.1404 Planning & Natural Resources Phone 952.227.1130 Fax 952.227.1110 Public Works 1591 Park Road Phone 952.227.1300 Fax 952.227.1310 Senior Center Phone 952.227.1125 Fax 952.227.1110 Web Site www.ci.chanhassen.mn.us ~ MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Josh Metzer, Planner I ,,\L C_ " . I' DATE: April 11, 2005 SUBJ: Ordinance Amending Chapter 20, Chanhassen City Code, Accessory Structures EXECUTIVE SUMMARY The City has received complaints regarding the construction of "carports" consisting of a frame made of metal tubing and a plastic cover. In following up on these complaints, it was discovered that our code has no regulation/restriction on materials permitted in the construction of accessory structures in residential districts. Staff is recommending adoption of an ordinance amendment to address this issue. DISCUSSION Temporary storage structures made of non-rigid materials are not designed to withstand snow load levels produced by a Minnesota winter or heavy wind gusts. If temporary structures were anchored to the ground with cement or bituminous, they could become a permanent problem. However, certain types of accessory structures and patio furniture are exempt from this ordinance. The use of the following types of accessory structures, when used as designed, shall be exempt from the restrictions of Chanhassen City Code Section 20-904 (d). The following are examples of structures not prohibited by the ordinance: Vinyl Storage Shed Wooden Storage Shed The City of Chanhassen . A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Accessory Structures Ordinance Amendment April 11, 2005, Page 2 Plastic Resin Storage Shed Steel Storage Shed Plexi-glass Greenhouse Polyethylene Greenhouse Shade Canopy Boat Canopy Shade Tent Gazebo Playground Accessory Structures Ordinance Amendment April 11 , 2005, Page 3 The storage of motor vehicles, recreational vehicles, or contracting equipment and materials in temporary storage buildings made primarily of canvas, plastic fabric or other similar non-rigid materials shall be prohibited. The following are examples of temporary storage structures that shall be prohibited under Chanhassen City Code Section 20-904 (d): Plastic Enclosed Canopy/"Carport" Plastic Canopy By amending the ordinance, staff will be able to control the type of accessory structures permitted within Chanhassen more efficiently. The proposed changes regulate and restrict the type of materials permitted in the construction of accessory structures. This addition to the zoning ordinance will protect neighboring property values and preserve the aesthetic of residential neighborhoods by preventing the construction of unsightly structures. All structures existing before adoption of this ordinance shall be grandfathered in as legal non- conforming structures. POTENTIAL DIFFICULTIES Staff discussed potential difficulties in enforcement of this code and agreed on the following: . Proof of a legal non-conforming status (i.e. date structure was originally erected) . Dual use of a temporary structure (i.e. recreational shade tent/vehicle storage, greenhouse/contractor storage, etc.) ACTION REQillRED City Council approval requires a simple majority vote of City Council present. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on January 18,2005, to review the proposed ordinance amendment. The Planning Commission voted 6 to 0 to approve the proposed amendment. The verbatim minutes are attached. RECOMMENDA TION Staff and Planning Commission recommend that the City Council adopt the attached ordinance for Chapter 20 of the Chanhassen City Code, Accessory Structures. Accessory Structures Ordinance Amendment April 11, 2005, Page 4 A TT ACHMENTS 1. Planning Commission Staff Report Dated January 18,2005. 2. Ordinance Amending Chapter 20, Chanhassen City Code. 3. Planning Commission Minutes of January 18,2005. g:\plan\code amendments\accessory structures - chapter 20-904\executive summary.doc CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone 952.227.1100 Fax 952.227.1110 Building Inspections Phone 952.227.1180 Fax 952.227.1190 Engineering Phone 952.227.1160 Fax 952.227.1170 Finance Phone 952.227.1140 Fax 952.227.1110 Park & Recreation Phone 952.227.1120 Fax 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone 952.227.1400 Fax 952.227.1404 Planning & Natural Resources Phone 952.227.1130 Fax 952.227.1110 Public Works 1591 Park Road Phone 952.227.1300 Fax 952.227.1310 Senior Center Phone 952.227.1125 Fax 952.227.1110 Web Site www.ci.chanhassen.mn.us w MEMORANDUM TO: Kate Aanenson, Community Development Director FROM: Josh Metzer, Planner I DATE: January 18,2005 SUBJ: Code Amendment to Chapter 20-904 to Regulate Accessory Structures INTENT Amend Section 20-904 (Accessory Structures) of the City Code. By amending the ordinance staff will be able to regulate the type of accessory structures permitted within Chanhassen more efficiently. BACKGROUND The City has received complaints regarding the construction of a "carport" consisting of a frame made of metal tubing and a plastic cover. In following up on these complaints it was discovered that there was little that could be done to resolve the issue. The reason for this was that our code has no concrete regulation/restriction on materials permitted in the construction of accessory structures. CHANHASSEN CITY CODE City Code 20-1 defines structures as: Accessory use or structure means a use or structure subordinate to and serving the principal use or structure on the same lot and clearly and customarily incidental thereto. Sec. 7-62. Exterior property areas (g) Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair, and the garage shall be the same color as the principal structure. Sec. 20-904. Accessory structures. (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 one thousand (1,000) square feet. These structures may encroach into the rear setback as follows: a. Less than one hundred forty (140) square feet, minimum rear setback is five (5) feet. b. One hundred forty-one (141) to three hundred ninety-nine (399) square feet, minimum rear setback is ten (10) feet. c. Four hundred (400) square feet and above, minimum rear setback is thirty (30) feet. The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks A great place to live, work, and play. Kate Aanenson Regulate Accessory Structures January 18,2005 Page 2 (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 (30) percent 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, but, must comply with applicable ordinary high water mark setbacks. (b) A detached accessory structure may occupy not more than thirty (30) percent of the area of any rear yard. (c) For parcels with less than three (3) acres in any residential or agricultural district, no accessory structure or use shall be erected, constructed, or commenced prior to the erection, construction, or commencement of the principal permitted structure or use, but may be erected or commenced simultaneously. If the principal structure or use is subsequently removed, destroyed, or discontinued, the accessory structure or use must be removed or discontinued within twelve (12) months. FINDINGS In researching city codes and speaking with planners from various municipalities in the Twin Cities metropolitan area to see how they handle such situations, staff found that both definition and regulation of temporary structures varied with each city. Some cities did not even define temporary structures. Most cites included in the study had regulations on temporary structures that were no stronger than ours, if they had any at all. However, staff was able to find some definitions and regulations that could be helpful to the City of Chanhassen. The Champlin City Code could be helpful in addressing situations similar to the "carport" complaint discussed above. That ordinance reads as follows: Building Materials All accessory buildings in excess of one hundred twenty (120) square feet shall be constructed with a color and exterior surface material consistent with the principal structure on the lot. Accessory buildings constructed primarily of canvas, plastic fabric or other similar non-rigid materials, as determined by the Building Official, shall be prohibited. Staff recommends the Planning Commission adopt an ordinance that would allow the City to regulate and restrict the type of materials permitted in the construction of accessory structures. This addition to the zoning ordinance will protect neighboring property values and preserve the aesthetic of residential neighborhoods. If the City adopted the accessory structure materials ordinance, then all existing accessory structures made of prohibited materials will become legal non-conforming. RECOMMENDA TION Amend Section 20-904 (Accessory Structures) of the City Code by adding subsection (d) to read as follows: (d) Accessory buildings constructed primarily of canvas, plastic fabric or other similar non-rigid materials, as determined by the Building Official, shall be prohibited. Accessory structures shall be built of materials compatible and comparable to those of the principle structure. ATTACHMENTS 1. Ordinance Amendment. 2. Notice of Public Hearing. g:\plan\code amendments\accessory structures - chapter 20-904\staffreport acessory structures 1-18-05.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20, ZONING CHANHASSEN CITY CODE REGULATING ACCESSORY STRUCTURES THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 20-904 of the City Code, City of Chanhassen, Minnesota, is hereby amended by adding subsection (d) to read as follows: Sec. 20-904. Accessory structures. (d) Accessory storage buildings constructed primarily of canvas, plastic fabric or other similar non-rigid materials, as determined by the Building Official, shall be prohibited. The storage of motor vehicles, recreational vehicles, or contracting equipment and materials in temporary storage buildings shall be prohibited. The following structures shall be exempt from the provisions of this section: · Plexi-glass and polyethylene greenhouses · Boat canopies · Recreational shade canopies · Gazebos Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 11th day of April, 2005, by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on ) g:\plan\code arÅ“ndments\accessory structures - chapter 20-904\accessory structures ordinance. doc EXCERPT PLANNING COMMISSION MINUTES - JANUARY 18, 2005 PUBLIC HEARING: CODE AMENDMENT TO CHAPTER 20-904 TO REGULATE ACCESSORY STRUCTURES. Josh Metzer presented the staff report on this issue. Sacchet: Questions from staff. Kurt. Papke: Yeah, what affect would this have on greenhouses? It's possible to construct a greenhouse with non-rigid windows in the greenhouse. Would this in effect bar that kind of greenhouse construction? AI-Jaff: Greenhouses are typically in nurseries. Papke: But I could put one in my back yard. AI-Jaff: Yes you could. Sacchet: There are residences that have greenhouses attached. I mean that's. AI-Jaff: Technically, yes. Sacchet: So it could not be made out of plastic. It would have to be made out of glass. Metzer: Some rigid material. AI-Jaff: Unless you want to make an exemption for temporary plantings related structures. Sacchet: Any other questions? This is a, yes. Jerry, go ahead. McDonald: Yeah, for just a clarification. Okay, docks and those things are exempt, the way I read this as part of a, it looks like 904(a). It does say docks on lakes would be exempt. So if I put up a structure there for a boat and everything to go into, which is one of these canvas type structures, that is exempt? Am I correct in that? AI-Jaff: Correct. McDonald: Okay. Metzer: We made a provision for that. Sacchet: Any other questions for staff? No? This is a public hearing. Anybody want to speak up to this item, please come forward now. Seeing nobody I close the public hearing and bring it back to commissioners for discussion, comments. Where do we go with this? No more greenhouses out of plastic. 1 EXCERPT PLANNING COMMISSION MINUTES - JANUARY 18, 2005 Slagle: I'm fully in support of it. Sacchet: Okay. Any other comments? Alright, anybody want to make a motion? Slagle: I'll make a motion. I move that the Planning Commission adopt, let's see here. I recommend that we amend Section 20-904, Accessory Structures of the city code by adding subsection (d) to read as follows, as shown. Sacchet: We have a motion. Is there a second? Lillehaug: Second. Slagle moved, Lillehaug seconded that the Planning Commission recommend approval of amending Section 20-904 (Accessory Structures) of the City Code by adding subsection (d) to read as follows: (d) Accessory buildings constructed primarily of canvas, plastic fabric or other similar non-rigid materials, as determined by the Building Official, shall be prohibited. Accessory structures shall be built of materials compatible and comparable to those of the principle structure. All voted in favor and the motion carried unanimously with a vote of 6 to O. 2