Attachment 6- Attached Structure Y 0
CITY OF CIIANIIASSEN
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9 S Chanhassen is a Community for Life-Providing for Today and Planning for Tomorrow
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MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: MacKenzie Walters, Assistant Planner
DATE: September 25, 2017
SUBJ: Definition of Attached Structure
Issue
The City Code has various setback and size limits that apply to detached accessory structures;
however, the City Code does not define what constitutes an attached accessory structure. This
has led to situations where homeowners have nominally attached structures which are
functionally detached to circumvent the intent of the ordinance.
Summary
The city's zoning code limits the maximum size of detached accessory structures like garages
and sheds to 1,000 square feet or 30%of the rear yard's area. The intent of this ordinance is to
preserve the residential character of the city's neighborhoods, and also to prevent the
proliferation of prohibited home occupations based out of large garages and workspaces. The
city does not define what constitutes an attached structure which means that by linking two
separate structures through breezeway, access tunnel, or other similarly tenuous means the
restrictions on structure size can be circumvented.
A definition of what constitutes an attached accessory structure would remove ambiguity and
prevent exploitation of the city's different standards for attached and detached structures.
Relevant City Code
Sec. 1-2. —Rules of construction and definitions: Defines terms such as "Accessory use or
structure", "Building,principal", "Principal structure", and "Structure" and other terms that can
influence how the ordinance is enforced.
Sec, 20-904—Accessory structures: Lists the setbacks, allowed locations, size, and other
restrictions that apply to detached accessory structures.
PH 952.227.1100• www.ci.chanhassen.mn.us• FX 952.227.1110
7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317
Todd Gerhardt
September 25, 2017
Definition of Attached Structure
Page 2 of 3
Sec. 20-908. —Yard regulations: Specifies what architectural elements of a principal structure or
structure attached to a principal structure can encroach into which required yards and to what
extent.
Analysis
The city's zoning code applies different standards to accessory structures depending on if they
are attached or detached. Accessory structures which are attached to a primary structure are
required to abide by the same setbacks as the primary structure, but are entitled to some
encroachments. For example,uncovered decks and patios can project up to five feet into any
required yard setbacks, and architectural features like eves can project up to 2.5 feet.
Detached structures are subject to the property's general front and side yard setbacks, but their
rear setback is determined by their size. Large detached structures, those exceeding 400 square
feet,must meet the same rear yard setback as a principal structure. Detached structures are
limited to a maximum of 1,000 square feet and may not occupy more than 30 percent of the rear
yard.
The city chose to limit the maximum size of detached structures after it discovered that many
larger detached garages where being constructed to facilitate prohibited home occupations, such
as contractor's yards. The limit also helps preserve the residential character of the city's detached
single-family neighborhoods, and the 30 percent cap ensures that a high proportion of green and
open space is preserved.
The city's variance process allows individuals who need larger accessory structures, such as
horse owners,to receive exemptions from the size requirements, and other provisions exempt
farms and agricultural buildings from the size requirements. Individuals desiring additional
storage space can also construct attached garages, the size of which are only limited by the
property's impervious surface restrictions and principal structure setbacks.
On occasion individuals have constructed detached accessory structures in excess of 1,000
square feet and responded to the city's efforts to enforce the ordinance by constructing
breezeways, tunnels
y , or other tenuous links between the buildings. In other instances, upon being
informed of the 1,000 square foot size limit, residents have submitted plans for larger buildings
attached to the principal structure by similar means. In both cases, the people in question are
taking advantage of the ambiguity of the word "attached"to construct buildings counter to the
intent of the City Code. Defining the word attached would ensure that all functionally detached
structures are subject to the same requirements as technically detached structures.
Alternatives:
1) Do nothing. This problem occurs fairly infrequently, and most residents attach structures
in a manner consistent with the intent of the ordinance.
Todd Gerhardt
September 25, 2017
Definition of Attached Structure
Page 3 of 3
2) Amend Section 1-2 to define what is meant by the term"Structure, attached"to be
structures sharing a common wall.
3) Amend Section 1-2 define what is meant by the term "Structure, attached"to be
structures sharing a common wall or connected by an above ground structure providing
pedestrian access not exceeding 10' in length.
Recommendation:
Option 2 would establish a consistent treatment for similar activities. The revised ordinance
could read:
Sec. 1-2.—Rules of construction and definitions.
Attached Structure. See Structure, attached.
Structure, attached means any structure that is attached to another structure by a common
wall.
Staff is requesting direction from the Planning Commission on how best to address these
concerns.
G:\PLAN\MW\Issue Papers and Reports (Drafts)\Attached Structure\Attached Structure.docx