1g Bluff Creek Overlay Dist.
CITY OF
CHANHASSEN
7700 Market Boulevard
POBox 147
Chanhassen, MN55317
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
RecrealionCenler
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: 952227.1310
SeniorCenler
Phone 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
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MEMORANDUM
TO:
Todd Gerhardt, City Manger
FROM:
Bob Generous, Senior Planner
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DATE:
April 25, 2005
SUBJ:
Adoption of Ordinance, Chapter 20, Chanhassen City Code,
Section 20-1564
ACTION REQUIRED
A simple majority vote of City Council members present is required to adopt the
amendment.
BACKGROUND
On January 12,2004, City Council adopted an amendment to section 20-1564
providing relief for setbacks on existing buildings within the Bluff Creek
Overlay District. On May 24, 2004, City Council adopted amendments to
Chapter 20, including changes to section 20-1564, omitting the language of
subsection b, with the result of repealing the setback relief previously adopted.
PLANNING COMMISSION UPDATE
The Planning Commission held a public hearing on April 5, 2005 to review the
proposed change to section 20-1564. The Planning Commission voted 7 to 0 to
recommend approval of the ordinance amendment. The Planning Commission
minutes are item la of the City Council agenda for April 25, 2005.
SUMMARY
Staff is recommending approval of the amendment to re-instate the setback
relief adopted on January 12, 2004.
RECOMMENDATION
Staff is recommending that the City Council adopt the attached ordinance for
Chapter 20, Section 20-1564 of the Chanhassen City Code.
ATTACHMENT
1. Ordinance Amending Chapter 20, Chanhassen City Code
g:\plan\jm\bco\cc memo section 20·1564.doc
The City of Chanhassen . A growing community with clean lakes, quality schools, a charming downtown, thrIVing businesses, winding Irails, and beautilul parks. A great place to live, work, and play
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20, Article XXXI
CHANHASSEN CITY CODE,
BLUFF CREEK OVERLAY DISTRICT
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Section 20-1564 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(a) All structures shall be set back a minimum of 40 feet from the primary zone, except
as specified below. No disturbances of the site shall occur within the first 20 feet of
such setback from the primary zone boundary.
(b) On parcels of land located within the Bluff Creek Overlay District on which a
principal structure has been constructed prior to December 14, 1998:
(1) The minimum setback from the primary zone shall be the existing principal
structure setback, if less than 40 feet.
(2) If the existing principal building or structure setback is less than 40 feet and
greater than or equal to 20 feet, then the first 50 percent of the established primary
zone setback shall remain undisturbed.
(3) If the existing principal building or structure setback is less than 20 feet there
shall be no grading or alterations beyond the existing setback.
Section 2. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this day of
City Council of the City of Chanhassen, Minnesota
, 2005, by the
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
(Summary Ordinance Published in the Chanhassen Villager on
)
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t
CITY OF
CHANHASSEN
7700 Market Boutevard
PO Box 147
Chanhassen, MN55317
Administration
Phone 952.227.1100
Fax: 952.2271110
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:
Planning Commission
FROM:
Bob Generous, Senior Planner
DATE:
April 5, 2005
SUBJ:
Amendment of Ordinance, Chapter 20, Article XXI, Chanhassen
City Code, Bluff Creek Overlay District (BCO)
SUMMARY PROPOSAL
Staff inadvertently repealed a portion of the Bluff Creek Overlay district which
provided relief for principal structures, which do not meet the required 40 foot
setback, on property within the district that were built prior to the adoption of
the ordinance.
BACKGROUND
The city initiated a study of the Bluff Creek Watershed in 1996; this created the
Bluff Creek Watershed Natural Resources Management Plan. This plan
provided the framework for the BCO district.
The Bluff Creek Overlay District was adopted on December 14, 1998. The
intent of the Bluff Creek Overlay District is that all development within the
district, including commercial, industrial and residential uses, should blend into
the natural environment while protecting Bluff Creek and sensitive land areas
abutting and in the vicinity of the watercourse and its tributaries.
The City adopted an ordinance (#364) which provided relief for structure
setbacks on January 12, 2004. On May 24, 2004, the City adopted an ordinance
(#377) which amended the majority of the zoning code, including the bluff creek
overlay district setback relief.
SUMMARY OF ISSUE
As the District was overlaid upon existing subdivisions, the guidelines for
development had an unintended impact on existing developed properties. In
Section 20-1564, Structure Setbacks which requires a 40 foot setback from the
primary zone with no disturbance within the first 20 feet of such setback. Many
properties existing prior to the adoption of the BOC District do not meet this
requirement and therefore require a variance to the setback requirement prior to
the construction of a deck, remodel, shed, etc.
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 10 live, work, and play.
April 5, 20115
.tmendmenl Chapll>r 20
Bill}]' Creek Overlay Districl
Page 2
Staff s solution is similar to the requirements of the Bluff Protection ordinance
by permitting setbacks as established by the existing development on the lot.
RECOMMENDATION
Staff is recommending that the Planning Commission adopt the following
motion:
''The Planning Commission recommends approval of the ordinance amending
the Bluff Creek Overlay District, Section. 20-1564."
ATTACHMENT
1. Ordinance Amending Chapter 20, Chanhassen City Code.
2. Map of the Bluff Creek Overlay District.
g:\plan\jm\bco\memo pc 4-5-05.doc
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City of
Chanhassen
Bluff Creek
Overlay District
N
A
Bluff Creek Overlay District
o Primary Zone
o Secondary Zone
- Bluff Creek