5. Accessory Structures in the Shoreland Districtlurr
MEMORANDUM
CITY OF
TO: Planning Commission
CIlH11IlH►J►JEII
FROM: Angie Kairies, Planner I
.
7700 Market Boulevard
DATE: January 4, 2011
PO Box 147
Chanhassen, MN 55317
SUBJ: Accessory Structures in the Shoreland District Issue Paper
Administration
Phone: 952.227.1100
SUMMARY
Fax: 952.227.1110
Staff is seeking feedback from the Planning Commission regarding detached
Building Inspections
accessory structures in the shoreland district. This issue was brought to the City's
Phone: 952.227.1180
attention recently, by a neighboring property owner, when a 12%2 -foot tall, 484
Fax: 952.227.1190
square -foot detached accessory structure was constructed within the building
setback (75 feet from the OHW) in the rear yard (lake side) of a riparian lot.
Engineering
Phone: 952.227.1160
Following is a detailed summary of the issue, applicable regulations, and staff's
Fax: 952.227.1170
request for guidance.
Finance
Phone: 952227.1140
Fax: 952.2271110
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
ISSUE
In September 2010, a building permit was issued for a detached accessory
structure on a riparian lot. The shed is 12% feet tall and 484 square feet in area.
The shed is located in the rear yard (lake side) of the property and complies with
the required setbacks: 75 feet from the ordinary high water mark and 10 feet from
the side property lines.
Although this accessory structure is in compliance with the required 75 -foot
shoreland setback, is less than the 1,000 square feet permitted for accessory
structures, is less than 30% of the rear yard, and the site does not exceed 25%
hard surface coverage maximum as specified in the Single Family Residential
(RSF) district, it has raised concerns with neighboring property owners on Lake
Minnewashta.
The question: Is the 12 %2
foot tall, 484 square -foot
structure located in the
rear yard (lakeside) of the
property too large for a
riparian lot? Should all
accessory structures
located on riparian lots
maintain a smaller
footprint and/or height?
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
NOTE: The smaller structure will be removed upon completion
of the new shed.
Planning Commission
January 4, 2011
Page 2 of 4
APPLICABLE REGULATIONS
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 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.
The height of a detached accessory structure is regulated within each residential zoning district:
• Agricultural Estate (A2): three - stories /35feet.
• Rural Residential (RR): three - stories /35 feet.
• Single Family Residential (RSF): 20 feet.
• Mixed Low Density Residential (R -4): one story/ 15 feet.
• Mixed Low and Medium Density Residential (RLM): one story /15 feet.
Sec. 20 -481. Placement, design, and height of structure. (Shoreland Management District)
(e) Design criteria for structures.
(2) Water - oriented accessory structures. Each lot may have one water - oriented accessory
structure not meeting the normal structure setback in subsection 20- 481(a) if this water -
oriented accessory structure complies with the following provisions:
a. The structure or facility shall not exceed ten feet in height, exclusive of safety rails,
and cannot occupy an area greater than 250 square feet. Detached decks shall not
exceed eight feet above grade at any point.
b. The setback of the structure or facility from the ordinary high water level shall be at
least ten feet;
c. The structure or facility shall be treated to reduce visibility as viewed from public
waters and adjacent shorelands by vegetation, topography, increased setbacks or
color, assuming summer, leaf -on conditions;
Planning Commission
January 4, 2011
Page 3 of 4
d. The roof may be used as a deck with safety rails, but shall not be enclosed or used as
a storage area;
e. The structure or facility shall not be designed or used for human habitation and shall
not contain water supply or sewage treatment facilities; and
f. As an alternative for general development and recreational development waterbodies,
water - oriented accessory structures used solely for watercraft storage, and including
storage of related boating and water - oriented sporting equipment, may occupy an area
of up to 400 square feet provided the maximum width of the structure is 20 feet as
measured parallel to the configuration of the shoreline.
BACKGROUND
On May, 29, 2007, the City adopted an amendment to the Accessory Structures Ordinance
limiting the size to 1,000 square feet within all residentially zoned districts. This limitation was
due to home occupations, such as contractor's yards, being run out of large accessory structures.
On, June, 25, 2001, the city adopted an amendment to the Shoreland Management District,
limiting a parcel to one (1) water - oriented accessory structure.
On August 22, 1994, the city adopted the Shoreland Management District Ordinance, which
includes a section pertaining to the location and size of water - oriented accessory structures. The
ordinance is consistent with Chapter 6120, Department of Natural Resources Shoreland Management
Rules.
On April 8, 1991, the City adopted the Accessory Structures Ordinance. The intent of the
ordinance was to regulate the location of detached accessory structures within the rear yard of
non - riparian lots and the front and rear yards of riparian lots. The only size limitation was that it
may not occupy more than 30% of the yard in which it is built. This is true for both riparian and
non - riparian lots.
Staff is requesting feedback to determine if the size of accessory buildings with the Shoreland
Management District should be limited.
DISCUSSION
While the subject detached accessory structure complies with current ordinance requirements
with regard to size, height and setback, the concern is that it is too large for a riparian lot.
Accessory structures are permitted on riparian lots; however, the size and location are regulated
by Sec. 20- 481(e)(2) of the City Code. The subject structure is 84 square feet larger and 2 feet
taller than a water - oriented accessory structure (boat house) permitted by Sec. 20- 481(e)(2) of
the City Code.
The intent of the water - oriented accessory structure ordinance is to provide storage of boating
and water - oriented and beach - related equipment. It may be located closer to public waters than
other structures, which must maintain a 75 -foot setback for sewered and a 100 -foot setback for
non - sewered riparian lots. A water - oriented accessory structure may not be located closer than
10 feet from the Ordinary High Water mark of the lake.
Planning Commission
January 4, 2011
Page 4 of 4
The maximum size permitted for a water - oriented accessory structure is 250 square feet.
However, if it can be demonstrated that the structure is used solely for watercraft storage, and
storage of related boating and water - oriented sporting equipment, the water - oriented accessory
structure may be allowed up to 400 square feet, i.e. a "boat house ". A water - oriented accessory
structure in excess of 250 square feet may not be located closer than 10 feet from the Ordinary
High Water mark and may not be wider than 20 feet parallel to the lake.
COMPLIANCE TABLE
RECOMMENDATION
Staff is seeking feedback from the Planning Commission regarding detached accessory structures
in the shoreland district.
ATTACHMENT
1. Attachment A — Accessory Structure Scenarios.
g:\plan \city code\issue paper\accessory structures in shoreland district issue paper.doc
Height
Size
Side yard
OHW setback
(feet)
(square feet)
Setback
(feet)
(feet)
Accessory Structure Section 20 -904 &
RSF District Regulations
20
1,000
10
75
Water- Oriented Accessory Structure
10
250/400
10
10
Section 20- 481(e)(2)
Subject Detached Accessory Structure
12.5
484
10
+75
RECOMMENDATION
Staff is seeking feedback from the Planning Commission regarding detached accessory structures
in the shoreland district.
ATTACHMENT
1. Attachment A — Accessory Structure Scenarios.
g:\plan \city code\issue paper\accessory structures in shoreland district issue paper.doc
Attachment A: Accessory Structure Scenarios
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