Ordinance 694Page 1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 694
AN ORDINANCE AMENDING CHAPTER 20, ZONING
OF THE CHANHASSEN CITY CODE
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA
ORDAINS:
Section 1. Section 20-908(f) of the Chanhassen City Code is amended to read as follows:
(f) Habitable structures shall maintain a minimum 20-foot setback from any gas transmission
pipeline easement.
Section 2. The Chanhassen City Code is amended to add Section 20-923 to read as
follows:
Section 20-923 Improvements and Encroachments in Public Easements
The purpose of this section is to ensure that any improvements property owners make within
easements are compatible with the easements’ intended functions. To this end, the placement of
any structure within easements is prohibited, except as specified below:
(a) A driveway and/or walkway from the street to the house may be placed within a front yard
drainage and utility easement, so long as they meet all other applicable requirements of this
chapter.
(b) Fences are permitted within drainage and utility easements that do not contain active utilities
and infrastructure if they do not alter the intended use of the easement. Fences may be
allowed within an easement containing active infrastructure and utilities with an
encroachment agreement if they do not alter the intended use of the easement and at the
discretion of the City Engineer or designee, and so long as they meet all other applicable
requirements of this chapter. Fences within a drainage and utility easement must provide
removable fence panels in areas where the fence encroaches on existing utilities and/or
installation of gates having a clear span the width of the easement for City access to its
Easement Areas, and the fence must allow water to pass under it so as not to impede overland
water flow during rain events.
(c) Retaining walls, fire pits, walkways, pathways, patios, signs, and other encroachments may
be allowed within an easement with an encroachment agreement if they do not alter the
intended use of the easement and at the discretion of the City Engineer or designee, and so
long as they meet all other applicable requirements of this chapter.
Any work within an easement including grading, landscaping, or the construction of
improvements, with or without an encroachment agreement, is conducted at the property owner’s
risk. Any improvements or landscaping placed within a drainage and utility easement is subject
to removal by the City or utility company if required for maintenance or improvement of the
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drainage or utility. In such case, costs for removal and replacement shall be the responsibility of
the property owner. The City or utility shall not be liable for damage or destruction of the
improvements or landscaping if removed in order to facilitate the use of the easement for its
intended purpose.
Section 3. Section 20-1019(a) of the Chanhassen City Code is amended to read as
follows:
(a) Generally. All fences and retaining walls shall be located entirely upon the property of the
fence or retaining wall owner unless the owner of the adjoining property agrees, in writing,
that said fence or retaining wall may be erected on the property line of the respective
properties. Such agreement shall be submitted at the time of building permit application.
Encroachment into a city easement must comply with Section 20-923. Fences shall not be
placed within the public right-of-way.
Section 4. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this 8th day of August, 2022 by the City Council of the City
of Chanhassen, Minnesota
Kim Meuwissen, City Clerk Elise Ryan, Mayor
(Ordinance 694 published in the Chanhassen Villager on August 18, 2022)
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