J-1. Potential Amendments to City CodeCITY OF
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
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
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
7901 Park Place
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Website
www.ci.chanhassen.rnn.us
M
MEMORANDUM
TO: Planning Commission
FROM: Bob Generous, Senior Planner
DATE: September 15, 2015
SUBJ: Potential Amendments to City Code
BACKGROUND
The Planning Commission has review responsibility for Chapters 18 and 20. A
public hearing is required to make changes in these chapters. We are requesting that
the Planning Commission review the proposed revisions to Chapters 18 and 20 and
recommend an ordinance amendment incorporating the changes. In addition, we are
proposing changes to other chapters of the City Code and are presenting them to the
Planning Commission for your review and comments.
Chapter 1, General Provisions
Issue: Some definitions need addition, clarification, expansion or revision
Open fences are decorative fences such as wrought iron fences or column or rock type
corner posts. These fences are permitted in the front yard and may be as tall as
6'/z feet. There is currently no definition for what was intended.
Amend section 1-2 to include a definition of open fences.
Chapter 4, License, Permit and Administrative Fees
Issue: Section 4-15 (3) fees for background checks on new liquor license
applications. The sheriffs office charges the city $250 for these checks. City code
specifies $100.
"The fees to conduct a background investigation on liquor license applications for
owners, officers or operating managers shall be (per person investigated) .....$100.00
This includes new applications as well as changes in officers or operating managers
of existing license holders."
Amend section 4-15 (3) from $100 to $250 for new licenses.
Chanhassen is a Community for Life - Providing for Today and Planning torTomorrow
Planning Commission
September 15, 2015
Page 2
Chapter 7, Buildings and Building Regulations
Issue: Section 7-18 adopts the Minnesota State Building code, which the city is required to do.
However in subsection (a), we may eliminate the list of sections since we are required to adopt
them. We only need to list optional sections that we are adopting as stated in subsection (b).
"(a) The Minnesota State Building Code, established pursuant to M.S. §§ 16B.59 to 16B.75,
is hereby adopted as the building code for the City of Chanhassen. The Code is hereby
incorporated in this section as if fully set out herein.
The Minnesota State Building Code includes the following chapters of Minnesota Rules:
(1) 1300—Administration of the Minnesota State Building Code;
(2) 1301—Building Official Certification;
(3) 1302—State Building Construction Approvals;
(4) 1303—Minnesota Provisions;
(5) 1305—Adoption of the 2006 International Building Code;
(6) 1307—Elevators and Related Devices;
(7) 1309—Adoption of the 2006 International Residential Code;
(8) 1311—Adoption of the 2000 Guidelines for the Rehabilitation of
Existing Buildings;
(9) 1315—Adoption of the 2005 National Electrical Code;
(10) 1325—Solar Energy Systems;
(11) 1330—Fallout Shelters;
(12) 1335—Floodproofing Regulations;
(13) 1341—Minnesota Accessibility Code;
(14) 1346—Adoption of the Minnesota State Mechanical Code;
(15) 1350—Manufactured Homes;
(16) 1360—Prefabricated Structures;
(17) 1361—Industrial/Modular Buildings;
(18) 1370—Storm Shelters (Manufactured Home Parks);
(19) 4715—Minnesota Plumbing Code;
(20) 7670, 7672, 7674, 7676, and 7678, Minnesota Energy Code.
(b) The City of Chanhassen adopts for reference the following optional chapter of the
Minnesota State Building Code: Minnesota Rules Chapter 1306 - Special Fire Protection
Systems, including 1306.0020 Subp. 2 and 1306.0030.
Optional Administration: Minnesota Rules Chapter 1335, Floodproofing Regulations,
Parts 1335.0600 to 1335.1200 are adopted."
Amend Section 7-18 (a) to delete items (1) –(20).
Planning Commission
September 15, 2015
Page 3
Chapter 18, Subdivisions
Issue: Required improvements in subdivision doesn't specify wetlands and buffers as things that
may be dedicated to the city.
Section 18-78 (b) (11)
"Where any proposed plat adjoins a natural lake, pond, river or stream, including streams which
flow only intermittently, the city may require that a strip of land running along all sides thereof
which are contiguous to such lake, pond or stream, be dedicated to the city for public use, or
subject to a perpetual easement in favor of the city for the purpose of protecting its hydraulic
efficiency and natural character and beauty. There shall also then be granted to the city the right
of ingress to and egress from the dedicated land."
Amend Section 18-78 (b)(11) to include dedication of wetlands to city
Chapter 20, Zoning
Issue: Variances: "undue hardship" vs. "practical difficulty." State statute has been amended to
direct that practical difficulty be the basis for review on variances not undue hardship. The
required findings for variances have previously been amended; however, the language was not
carried over to the powers of the board section.
Sec. 20-28.
"Board of appeals and adjustments.
(a) Board designation. The planning commission shall act as the board of appeals and
adjustments.
(b) Powers. Pursuant to M.S. § 462.357, subd. 6, the board shall have the following powers:
(1) To hear and decide appeals where it is alleged that there is an error in any order,
requirement, decision or determination made by a city administrative officer in the
enforcement of this chapter;
(2) To hear requests for variances from the literal provisions of this chapter in instances
where their strict enforcement would cause undue hardship because of circumstances
unique to the individual property under consideration, and to grant such variances
only when it is demonstrated that such actions will be in keeping with the spirit and
intent of this chapter; and
(3) To grant permits or approvals for appeals authorized under
M.S. § 462.359."
Amend section 20-28 (b) (2) to change "undue hardship" to "practical difficulty."
Planning Commission
September 15, 2015
Page 4
Issue: Building permits are required for buildings 200 square feet and larger, not
120 square feet as currently stated in the ordinance. This was a recent amendment to the state
building code, which exempts certain structures from building permit standards.
Sec. 20-91. - Zoning permit.
"(a) A zoning permit shall be required for the construction of structures which do not
require building permits to determine compliance with zoning requirements such as
setback, site coverage, structure height, etc.:
Agricultural buildings.
Decks less than 30 inches above the ground and not attached to the
principal structure.
Driveway expansions.
One-story detached accessory structures, used as tool or storage sheds,
playhouses, and similar uses, less than 120 square feet in building area.
Patios.
Permanent fences less than six feet in height.
Sport courts."
Amend section 20-91 to change accessory structures from less than 120 square feet to less than
200 square feet in building area.
Issue: Site plan permits also require the submittal of security for completion of required
improvements. Staff is proposing that this requirement be included in the section dealing with
site plan permits. This would be similar in language to the subdivision requirements and
landscaping requirements of city code. Additionally, we would provide language specifying how
the security is released.
Sec. 20-122. - Site plan permit.
"The terms and conditions of approval of the site plan shall be embodied in a permit signed by
the property owner and the city. The permit shall be recorded against the title to the property."
Amend section 20-122 to provide information on security requirements.
A letter of credit or cash escrow shall be required to ensure satisfactory installation of site
improvements in an amount equal to 110 percent of the value of the required improvements. The
developer is obligated to install and complete all such improvements at his or her own expense
and under the supervision and inspection of the city. The guarantee shall be provided prior to
recording the site plan permit and shall be valid until the improvements are inspected and
approved by the city.
Procedures for the reduction of release of security shall include:
Planning Commission
September 15, 2015
Page 5
a. Requests for reductions of letters of credit must be submitted to the city in writing
by the developer or his engineer.
b. The city shall verify completion of the improvements.
c. Any reduction shall be subject to City approval.
Issue: Interim uses in the RSF district permits stables. However, section 20-616 (1) references
Chapter 5, Article IV. It should reference Article III.
Sec. 20-616. — Interim uses.
"The following are interim uses in the "RSF" District:
(1) Private stables subject to provisions of chapter 5, article IV.
(2) Commercial stables with a minimum lot size of five acres."
Amend section 20-616 (1) to reference Article III.
Issue: Section 20-1001 (3) should be expanded to include the requirement that the property must
be at least 10 acres to qualify as a farm. Farm properties are those that permit agriculture as a
use, which is limited to the A-2 and RR zoning districts.
Sec. 20-1001. - Keeping.
"The following animals may be kept in the city:
(1) Household pets are an allowed use in all zoning districts.
(2) Horses in the A-2, RR and RSF zoning districts in accordance with cha tp er 5, article III.
(3) Farm animals are an allowed use on all farm property except as otherwise specifically
provided in the City Code. Farm animals may not be confined in a pen, feed lot or
building within 100 feet of any residential dwelling not owned or leased by the farmer.
(4) Wild animals may not be kept in the city.
(5) Animals may only be kept for commercial purposes if authorized in the zoning district
were the animals are located.
(6) Animals may not be kept if they cause a nuisance or endanger the health or safety of the
community."
Amend section 20-1001 (3) to specify a minimum of 10 acres and that it is permitted in districts
that permit agriculture use rather than "farm property."
Issue: Section 20-1019 (a) permits fencing to be built on two properties. The city cannot issue a
permit for one property owner to build on an adjacent property. Additionally, there needs to
additional maintenance and access agreements. The City Attorney has advised staff not to issue
a permit for this.
Planning Commission
September 15, 2015
Page 6
Sec. 20-1019. - Location.
"(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 shall require an encroachment
agreement between the property owner and the city. Fences shall not be placed within
the public right-of-way."
Amend section 20-1019 (a) to delete all language that would permit construction of such fences.
The only exception may be fences or retaining walls that are built in conjunction with a
subdivision and for which a homeowners association is responsible for its maintenance.
Issue: Parking standards for shopping centers or multitenant buildings. Uses a base standard of
1/200 square feet of building area. For retail, office and service uses, this may be adequate, but
there are concerns when restaurants are included in the building. Restaurants have standards of
1/60 square feet. "Shopping center means an integrated group of commercial establishments
planned, developed and managed as a unit, with off-street parking facilities provided on-site."
While the city does not want to over park a development and recognizes that multitenant
buildings may not require the same number of spaces as would be required for an individual user
due to economies of use peak periods, we want to assure that there is sufficient parking to meet
the demands of the users. Staff is surveying other community standards and researching the
literature to determine if there is a better methodology to determine adequate parking. Some
ideas may be to limit the percent of the center which may be used for restaurants or develop or
have a sliding scale that would change the required parking depending on the percent of the
building which would be used for a more parking intensive use. Additionally, the use of shared
parking opportunities must be evaluated. Which may provide between 10 and 30 percent of the
parking depending on the uses.
Sec. 20-1124. - Required number of on-site parking spaces.
Amend the shopping center parking standards to address when more intensive uses are included
in the building.
RECOMMENDATION
Staff is seeking feedback and direction from the Planning Commission to consider drafting an
ordinance that would address the issues listed above.
gAp1m\city code\issue paper\pc memo 9-15-15.docx
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