Ordinance 595Affidavit of Publication
Southwest Newspapers
CITY OF CHANHASSEN
CARVER AND NNEPIN
COUNTIE MIINNNE OTA state of Minnesota)
SUMMARY OF ORDINANCE )SS.
AMENDING AMENDING County of Carver )
CHAPTERI,GENERAL
PROVISIONS,
CHAPTER 18, SUBDIVISION,
AND
CHAPTER 20, ZONING Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized
CHANHASSEN CITY CODE agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vd-
The purpose of this code lager and has full knowledge of the facts herein stated as follows:
amendment is to amend the
definitions, subdivision and (A) These newspapers have complied with the requirements constituting qualification al as a le
zoning ordinances as follows: g q g
Amend Sections 1-2 to add newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as
a definition of expansion to amended.
address nonconformities and 1
add a schematic to the flag lot (B) The printed public notice that is attached to this Affidavit and identified as No.
definition. was published on the date or dates and in the newspaper stated in the attached Notice and said
Amend Section late t (es Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
(1) to specify appropriate trees
for landscaping as part of the the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
subdivision review standards. V` inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
Amend Section 18-61 and publication of the Notice-
(d) (2) e. and 18.61 (d) (9) to
address landscaping diversity abedefghijkhnnopgrstuvwxvz
requirements as part of the (1 - ,10.� ("y��j ,� ,,
subdivision process. , M � 44� — .i
Amend Section 20-904 to `l'Ar'rVhVA+�r',lf%e`
clarify that docks as accessory B.
structures are regulated under ti- Laurie A. Hartmann
Sec. 20-920 Structures, Boats and
Waterways.
Amend Section 20-908 (5)
to clarify how architectural Subscribed and sworn before me on
elements are regulated under
exceptions to the setback I
requirements. h
Amend Section 209 (6) a. thisa _day of I 1 �"1. . 2014
structure.
to specify "principal" structure. T—"
Amend 20-960 to specify the
most recently adopted surface
water management plan.
A printed copy of Ordinance NO".?riY P SJC �+'NHESOiA No. 595 is available for inspection
by any person during regular + ' 1N CC5'Mt�ti(Xv e,r'gEa C� Jt(?8
office hours at the office of the No ublic
;` Cam,,. e.,,,�,•. ,,,,.,_
City Manager/Clerk. ( j
PASSED, ADOPTED, AND
APPROVED FOR PUBLICATION
this 12th day of May, 2014, b1�
the City Council of the City ot`"
Chanhassen. RATE INFORMATION
(Published in the Chanhassen
Villager on Thursday, May 22, Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch
2014: No 49521 Maximum rate allowed by law for the above matter ................................ $31.20 per column inch
Rate actually charged for the above matter ............................................... $12.59 per column inch
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.595
AN ORDINANCE AMENDING
CHAPTER 1, GENERAL PROVISIONS,
CHAPTER 18, SUBDIVISION, AND
CHAPTER 20, ZONING
CHANHASSEN CITY CODE
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Section 1-2 of the City Code, City of Chanhassen, Minnesota, is hereby amended by
adding the following definition to read as follows:
Expansion means an increase in the floor area or volume of an existing building (including
deck additions), increase in the building occupancy, capacity or parking demand or increase
in the degree or intensity of the nonconforming condition of the building, land area, site or
use. (20)
Section 2. Section 1-2 of the City Code, City of Chanhassen, Minnesota, is hereby amended by
amending the definition of flag/neck lot to read as follows, including the lot illustration:
Lot, flag/neck means a lot that does not provide the full required frontage on a public right-
of-way, but rather is served by a narrow "neck" of land that extends to the street. To meet the
definition the neck must be at least thirty (30) feet wide. The lot width on neck or flag lots
and lots accessed by private streets shall be one hundred (100) feet as measured at the front
building setback line. The location of these lots is conceptually illustrated below. (18, 20)
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Flat Ld L'ew
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Section 3. Section 18-61 (a) (1) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(a) Required landscaping/residential subdivision.
(1) Each lot shall be provided with a minimum of one deciduous or conifer tree to be placed
in the front yard. The type of tree shall be subject to city approval. Coniferous trees must
be at least eight feet high and deciduous trees must be at least two and one-half inches in
diameter at the time of installation. This requirement may be waived by the city where
the applicant can demonstrate that a suitable tree having a minimum diameter of two and
one-half inches for deciduous and eight -foot height for conifers is located in an
appropriate location on the lot. The following trees may be used to meet planting
requirements:
Scientific Name
Overstory Trees
I Common Name
Acer saccharum spp.
Maple, all varieties, except platanoides
Carya ovata
Shagbark Hickory
Celtis occidentalis
Hackberry
Juglans nigra
Black Walnut
Quercus spp.
Oak, all varieties
Aesculus glabra
Ohio Buckeye
Betula nigra
Birch, River
Betula papyrifera
Birch, paper
Catalpa speciosa
r
Northern Catalpa
Ginkgo biloba
Ginkgo
Gleditsia triacanthos inermis, spp.
Honeylocust, thornless - all varieties
Gymnocladus dioicus
Coffeetree, Kentucky
Tilia spp.
Ulmu�
Linden, all varieties J
ELM, DED-resistant varieties
Scientific Name
'Ornamental Trees
Acer ginn la*
Common Name
_
i Maple, Amur
Amelanchier spp. I Serviceberry or Juneberry
Crataegus spp. Hawthorn, all varieties
Malus spp. I Crabapple, assorted flowering -Varieties I
2
Ostrya virginiana
Ironwood
Populus tremuloides
Aspen
Sorbus spp.
Ash, Mountain, all varieties
Phellodendron amurense
Amur Corktree
Prunus cerasifera 'Newport'
Plum, Newport
iPrunus triloba
Plum, flowering or Rose Tree of China
Prunus virginiana 'Schubert'
Syringa reticulata
Chokeberry, Schubert
Lilac, Japanese tree
cientific Name
IWonifers
Common Name
Abies balsamea
Fir, Balsam
Abies concolor
Fir, Concolor
Larix laricina
Picea abies
Tamarack
Spruce, Norway
Picea glauca
Spruce, White
Picea glauca densata
Spruce, Black Hills
,Pinus nigra
Pine, Austrian
Pinus ponderosa
Pine, Ponderosa
Pinus resinosa
Pine, Norway
i Pinus strobus
Pine, White
Pinus sylvestris
Pine, Scotch
Pseudotsuga menziesii
Fir, Douglas
Thuja occidentalis
Thuja occidentalis 'Techny'
Arborvitae
Techny Arborvitae
* These trees shall be restricted; quantities and location must be approved by the city in a
landscape plan.
Section 4. Section 18-61 (d) (2) e. of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
e. The following criteria shall be followed in establishing minimum canopy coverage:
1. When planting trees, one tree shall be deemed to provide 1,089 square feet of required
canopy coverage;
2. Trees must be from the approved list of desirable species (preference given for trees
designated as native);
3. No more than 10 percent of the trees maybe from anyone tree species and no more than
20 percent of the trees may be from any one genus;
4. Overstory trees shall be at least two -and -one -half -inch caliper and understory trees shall
be a minimum of one -and -one -half -inch caliper;
5. Conifer trees shall be a minimum of six feet in height;
6. Plant materials used for the reforestation shall be of a similar species as vegetation found
on site;
7. Trees shall be used that are appropriate to the soil conditions found on site;
S. Trees shall be from certified nursery stock as defined and controlled by M.S. §§ 18.44
through 18.61, the Plant Pest Act; and
9. Not less than 75 percent of the total trees required shall be overstory species.
Section 5. Section 18-61 (d) (9) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows
If any protected significant trees are removed or killed or there is a loss of trees as the result of
construction activities, the city requires replacement at the rate of two diameter inches per each
inch of DBH of the removed, killed, or lost trees. The replacement trees shall be at least 2%
inches in diameter and will be species that conform to the List of Desirable Tree Species for
Planting in Chanhassen. No more than 10 percent of the trees may be from any one tree species.
Other species or sizes may be used as replacement trees subject to approval by the city.
Alternately, at the city's discretion, if a developer removes trees within a protected area, the
canopy coverage area shall be calculated for that area and a replacement area two times the
canopy coverage area that was removed shall be planted. One tree shall be planted for each 1,089
square feet of required replacement area. Trees shall be from the list of desirable tree species, no
more than 10 percent of trees from any one tree species, average 2'/z-inch diameter, a similar
species as vegetation existing on -site, and appropriate to the soil conditions. For any replacement
trees that cannot be planted on the original site due to space restrictions, the developer shall pay
the city the value of the trees, including material and installation, in to the community tree
planting fund.
Section 6. Section 20-904 of the City Code, City of Chanhassen, Minnesota, is hereby amended
to read as follows:
Accessory structures.
0
(a) A detached accessory structure 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 A2, RR, RSF, RLM and R4 districts accessory structures shall not exceed 1,000
square feet. In the RSF, RLM and R4 districts these structures may encroach into the rear
setback as follows:
a. Less than 140 square feet, minimum rear setback is five feet.
b. One hundred forty-one to 399 square feet, minimum rear setback is ten feet.
c. Four hundred square feet and above, minimum rear setback is 30 feet, except in the
RLM district where the minimum rear setback is 25 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 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 feet, but must comply with applicable ordinary high water mark
setbacks.
(b) A detached accessory structure may occupy not more than 30 percent of the area of any rear
yard.
(c) For parcels with less than three 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 12 months.
(d) Shall comply with the Freedom to Breathe Provision of the Minnesota Clean Indoor Air Act
contained in M.S. §§ 1144.411 to 1144.417.
(e) Docks, which shall comply with section 20-920.
Section 7. Section 20-908 (5) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(5) The following architectural elements of the principal structure or if the structure is attached
to the principal structure shall not be considered to be obstructions (variances granted from a
required setback are not entitled to the following additional encroachments):
a. Into any required front yard, or required side yard adjoining a side street lot line,
cornices, canopies, eaves, or other architectural features may project a distance not
exceeding two feet, six inches; fire escapes may project a distance not exceeding four
feet, six inches; an uncovered stair and necessary landings may project a distance not to
exceed six feet, provided such stair and landing shall not extend above the entrance floor
of the building; bay windows, balconies, open porches and chimneys may project a
distance not exceeding three feet; unenclosed decks and patios may project a distance not
exceeding five feet. Other canopies may be permitted by conditional use permit.
b. The above -named features may project into any required yard adjoining an interior lot
line, subject to the limitations cited above.
c. Porches that encroach into the required front yard and which were in existence on
February 19, 1987, may be enclosed or completely rebuilt in the same location provided
that any porch that is to be completely rebuilt must have at least a ten -foot minimum front
yard.
d. Subject to the setback requirements in section 20-904, the following are permitted in the
rear yard: Enclosed or open off-street parking spaces; accessory structures, toolrooms,
and similar buildings or structures for domestic storage. Balconies, breezeways and open
porches, unenclosed decks and patios, and one-story bay windows may project into the
rear yard a distance not to exceed five feet.
e. Into any required front, rear, or side yard: driveways, sidewalks, fences and retaining
walls.
f. The intent of this section is to allow homes built prior to February 19, 1987, to add an
open porch as an architectural feature to define the entrance into a residence or update a
front elevation.
Homes built prior to February 19, 1987, may have open porches and/or balconies that
encroach into the required front yard a distance not exceeding ten feet, provided they
maintain a minimum front yard setback of 20 feet. The ten feet shall include the roof
line, support columns and steps. This area shall not be enclosed nor screened with
mesh, glass, or other similar material. Homes that are on the national register listing
or have been considered eligible for listing on the national register shall be excluded
from this ordinance unless approved by the national historical registrar's office.
Section 8. Section 20-909 (6) a. of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
a. Such storage may not extend beyond the front of the principal structure.
Section 9. Section 20-960 of the City Code, City of Chanhassen, Minnesota, is hereby amended
to read as follows:
Surface Water Management
All development shall comply with the city's most recently adopted surface water management
plan, which is incorporated herein by this reference.
ll
Section 10. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this 12`h day of May, 2014, by the City Council of the City of
Chanhassen, Minnesota
Tod— dGerhardt, City Manager
Thomas A. Furlong, Mayor
(Summary Ordinance published in the Chanhassen Villager on May 22, 2014)
7
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO.595
AMENDING
CHAPTER 1, GENERAL PROVISIONS,
CHAPTER 18, SUBDIVISION, AND
CHAPTER 20, ZONING
CHANHASSEN CITY CODE
The purpose of this code amendment is to amend the definitions, subdivision and zoning
ordinances as follows:
Amend Sections 1-2 to add a definition of expansion to address nonconformities and add
a schematic to the flag lot definition.
Amend Section 18-61 (a) (1) to specify appropriate trees for landscaping as part of the
subdivision review standards.
Amend Section 18-61 (d) (2) e. and 18-61 (d) (9) to address landscaping diversity
requirements as part of the subdivision process.
Amend Section 20-904 to clarify that docks as accessory structures are regulated under
Sec. 20-920 Structures, Boats and Waterways.
Amend Section 20-908 (5) to clarify how architectural elements are regulated under
exceptions to the setback requirements.
Amend Section 20-909 (6) a. to specify "principal' structure.
Amend 20-960 to specify the most recently adopted surface water management plan.
A printed copy of Ordinance No. 595 is available for inspection by any person during
regular office hours at the office of the City Manager/Clerk.
PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 12th day of May,
2014, by the City Council of the City of Chanhassen.
(Published in the Chanhassen Villager on May 22, 2014)