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City Code Violation Letter 10-20-08 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building InspecUons 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 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 08-2~ October 20, 2008 Christophe Beck 6250 Ridge Road Chanhassen, MN 55317 Re: City Code Violation Dear Mr. Beck: It has come to the City's attention that there is a structure being constructed at 6250 Ridge Road, near the shoreline of Christmas Lake. The City does not have record of a permit for this construction on file. All structures require either a Building Permit or Residential Zoning Permit prior to construction, to ensure compliance with all building and zoning requirements. This property is located within the Single-Family Residential (RSF) zoning district. It is also within the Shoreland Management District. The Shoreland Management District encompasses additional setback requirements for structures near the lake. I have enclosed the Shoreland Management District regulations for your use. Staff conducted an inspection of the construction on Friday, October 17, 2008 and posted a Stop Work Order on the site, .Construction may not proceed until a permit has been applied for, reviewed Jorcompliance with building and zoning standards, and approved by the City: A complete copy of theChanhassen City Code can be viewed on our website at www.ci.chanhassen.mn.us. Your anticipated cooperation on this matter is greatly appreciated. Should you have any questions, please contact me at 952-227-1132 orTerry Jeffery, Water Resources Coordinator, at 952-227-1168. . Si~.... ~~ Angie Auseth Planner I Enclosure ec: Terry Jeffery, Water Resources Coordinator Kate Aanenson, Community. Development Director Jerry Mohn, Building Official cc: Building Permit File g:\plan\aa\code enforcemenl\angie's letters & pholos\6250 ridge road\6250ridge road.doc Chanhassen is a Community tor Ute - Providing for Today and Planning for Tomorrow '. ARTICLE VII. SHORELAND MANAGEMENT DISTRICT* *Editor's note: Section 1 of Ord. No. 217, adopted Aug. 22, 1994, repealed former Art. VII, SS 20-476--20-478 and S 4 of the ordinance enacted a new Art. VII as herein set out in SS 20-476--20-486. Prior to repeal, former Art. VII pertained to the Shoreland Overlay District and derived from Ord. No. 80, Art. V, S 23, adopted Dec. 15, 1986. Sec. 20-476. Statutory authorization and policy. (a) Statutory authorization. This ordinance is adopted pursuant to the authorization and policies contained in M.S. ch. 103F, Minnesota Regulations, Parts 6120.2500 through 6120.3900, and the planning and zoning enabling legislation in M.S. ch. 462. (b) Policy. The uncontrolled use of shorelands of Chanhassen affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and developmentofthe shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by Chanhassen. (Ord. No. 217, S 4,8-22-94; Ord. No. 377, S 51, 5-24-04) Sec. 20-477. General provisions. (a) Jurisdiction . The provisions of this ordinance shall apply to the shorelands of the public waters as classified in section 20-479 of this ordinance. Pursuant to Minnesota Regulations, parts 6120.2500 through 6120.3900, lakes, ponds, or flowage less than ten acres in size are exempt from this ordinance. A body of water created by a private user where there was no previous shoreland is exempt from this ordinance. (b) Compliance . The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of 'water supply and waste treatment systems, the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this ordinance and other applicable regulations. (c) Enforcement . The community development director is responsible for the administration and enforcement of this ordinance. Any violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of '. conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. (d) Interpretation . In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be deemed a limitation or repeal of any other powers granted by state statutes. (e) Abrogation and greater restrictions . It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other articles inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. (Ord. No. 217, S 4,8-22-94; Ord. No. 377, S 52, 5-24-04) Sec. 20-478. Administration. (a) Permits. A permit authorizing an addition to an existing structure shall stipulate that an identified nonconforming sewage treatment system shall be reconstructed or replaced in accordance with the provisions of this ordinance. (b) Variances. The board of adjustments and appeals or city council shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the department of natural resources has formally recommended denial in the hearing record, the notification of the approved variance required in subsection (c) herein shall also include the summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance. For existing developments, the application for variance shall clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, shall require reconstruction of a nonconforming sewage treatment system. (c) Notifications to the department of natural resources. Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls shall be sent to the commissioner's designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats shall include copies of the subdivision/plat. A copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional uses under local shoreland management controls shall be sent to the commissioner's designated representative and postmarked within ten days of final action. (Ord. No. 217, S 4, 8-22-94) " "': Sec. 20-479. Shoreland classification system and land use districts. (a) Shoreland classification system. The public waters of Chanhassen have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Carver/Hennepin County, Minnesota. (b) Shore land area defined. The shore1and area for the waterbodies listed below shall be as defined in section 1-2 and as shown on the official zoning map. (c) Lakes. (1) Natural environmental lakes: TABLE INSET: Inventory J.D. Number Ordinary High Water Harrison 10-8W 993.6 Rice Lake 27-132P 699.2 Rice Marsh Lake 1O-1P 877.0 St. Joe lO-11P 945.2 Silver 27 -136P 898.1 (2) Recreational development lake: TABLE INSET: Inventory I.D. Number Ordinary High Water Ann 1O-12P 955.5 Christmas 27-137P 932.77 Hazeltine 10-14 P 916.8 Lotus 10-6P 896.3 Lucy 10-7P 956.1 Minnewashta 1O-9P 944.5 Riley 10- 2P 865.3 Susan lO-13P 881.8 Virginia 1O-15P 929.8 (d) Rivers and streams. (1) Agricultural: Minnesota River--From west city boundary to east city boundary. (2) Tributary streams: Bluff Creek--From Basin 1O-209W to Basin 27-132P (Rice Lake). Riley Creek from Lake Ann (l0-12P) to Lake Susan (lO-13P). Riley Creek from Lake Susan (lO-13P) to Rice Marsh Lake (1O-1P). Lake Minnewashta (l0-9P) to Lake Virginia (1O-15P). Basin 1O-212W to Lotus Lake (l0-6P). Purgatory Creek--From Lotus Lake (1O-6P) to east city boundary. Assumption Creek--From west city boundary to Minnesota River. All protected watercourses in Chanhassen shown on the Protected Waters Inventory Map for Carver County, a copy of which is hereby adopted by reference, that are not given a classification herein shall be considered "tributary" streams. (Ord. No. 217, S 4, 8-22-94; Ord. No. 377, S 53, 5-24-04; Ord. No. 409, S 2, 1-9-06) Sec. 20-480. Zoning and water supply/sanitary provisions. (a) Lot area and width standards. The lot area (in square feet) and lot width standards (in feet) for single, duplex, triplex and quad residential lots created after the date of enactment of this ordinance for the lake and river/stream classification are as follows: (1) Sewered lakes--Natural environment: TABLE INSET: Riparian Lots Nonriparian Lots Area Width Area Width Single 40,000 125 15,000 90 Duplex 70,000 225 35,000 180 Triplex 100,000 325 52,000 270 Quad 130,000 425 65,000 360 (2) Sewered lakes--Recreational development: i TABLE INSET: " Riparian Lots ,Nonriparian Lots Area Width Area Width Single 20,000 90 15,000 90 Duplex 35,000 135 26,000 135 Triplex 50,000 195 38,000 190 Quad 65,000 255 49,000 245 Unsewered lakes--Recreational development: TABLE INSET: Riparian Lots Nonriparian Lots Area Width Area Width Single 40,000 125 15,000 90 (3) River/stream lot width standards. There is no minimum lot size requirement for rivers and streams, except those specified in the underlying zoning district. The lot width standards for single, duplex, triplex and quad residential developments for the six river/stream classifications are as follows: TABLE INSET: Tributary Tributary Agricultural No Sewer Sewer Single 150 100 90 Duplex 225 150 115 Triplex 300 200 150 Quad 375 250 190 (4) Additional special provisions. Residential subdivisions with dwelling unit densities exceeding those in the tables in subsections (1), (2) and (3) can only be allowed if designed and approved as residential planned unit developments. Only land above the ordinary high water level of public waters shall be used to meet lot area standards, and lot width standards shall be met at both the ordinary high water level and at the building line. The sewer lot area dimensions in subsections (1), (2) and (3) can only be used if publicly owned sewer system service is available to the property. " (Ord. No. 217, S 4,8-22-94; Ord. No. 240, S 13, 7-24-95; Ord. No. 240, S 13, 7-24-95; Drd. No. 377, S 54, 5-24-04) Sec. 20-481. Placement, design, and height of structure. (a) Placement of structures on lots. When more than one setback applies to a site, structures and facilities shall be located to meet all setbacks. Structures and onsite sewage treatment systems shall be setback (in feet) from the ordinary high water level as follows: TABLE INSET: Classes of Structures Structures Sewage Public Waters Unsewered Sewered Treatment System Lakes Natural environment 150 150 150 Recreational development 100 75 75 Rivers/streams Agricultural and tributary 100 50 75 One water-oriented accessory structure designed in accordance with subsection 20- 482( e )(2)(b) of this ordinance may be setback a minimum distance of ten feet from the ordinary high water level for lakes. (b) Structure setbacks. The following structure setbacks apply, regardless of the classification of the waterbody. TABLE INSET: Setback (in Setback From: feet) (1) Top of Bluff 30 (2) Unplatted cemetery 50 (3) Right-of-way line of federal, state, or county highway 50 (4) Right-of-way line of town road, public streets, or other roads or streets 20 not classified " '. (c) Bluff impact zones. Structures and accessory facilities, except stairways and landings, shall not be placed within bluff impact zones. (d) Nonresidential uses without water-oriented needs. Uses without water-oriented needs shall be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, shall either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. (e) Design criteria for structures. (1) High water elevations. Structures shall be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or floodproofed shall be determined as follows: a. For lakes, by placing the lowest floor at a level at least three feet above the highest known water level, or three feet above the ordinary high water level, whichever is higher; b. For rivers and streams, by placing the lowest floor at least three feet above the flood of record, if data are available. If data are not available, by placing the lowest floor at least three feet above the ordinary high water level, or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flaws and to establish a flood protection elevation. Under all three approaches, technical evaluations shall be done by a qualified engineer or hydrologist consistent with Minnesota Rules, parts 6120.5000 to 6120.6200 governing the management of floodplain areas. If more than one approach is used, the highest flood protection elevation determined shall be used for placing structures and other facilities; and c. Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined in this item if the structure is construed of flood-resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris. (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; 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. (3) Stairway, lifts and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts shall meet the following design requirements: a. Stairways and lifts shall not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open- space recreational properties, and planned unit developments; b. Landings for stairways and lifts on residential lots shall not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public open-space, and recreational properties; c. Canopies or roofs are not allowed on stairways, lifts, or landings; d. Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion; " e. Stairways, lifts, and landings shall be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical; and f. Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of this section are met in addition to the requirements of Minnesota Regulations, Chapter 1341. (4) Significant historic sites. No structure shall be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository. (5) Steep slopes. The planning director shall evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions shall be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation. (f) Height of structures. All structures in residential districts, except churches and nonresidential agricultural structures, shall not exceed 35 feet in height. (Ord. No. 217, S 4, 8-22-94; Ord. No. 322, S 1,6-25-01; Ord. No. 377, SS 55--57, 5-24- 04) Sec. 20-482. Shoreland alterations. (a) Generally . Alterations of vegetation and topography shall be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. Vegetation shall include but not be limited to grasses, forbs, shrubs, trees and vines. (b) Vegetation alterations. (1) Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by section 20-484 of this ordinance are exempt from the following vegetation alteration standards: (2) Removal or alteration of vegetation is allowed subject to the following standards: a. Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable if permitted as part of a development approved by the city council if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located. b. In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view of the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water- oriented accessory structures or facilities, provided that: 1. The screening of structures, vehicles, or other facilities as viewed from the water, assuming leaf-on conditions, is not substantially reduced; 2. Along rivers and streams, existing shading of water surfaces is preserved; 3. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards; and 4. The clearing shall be limited to a strip 30 percent of lot width or 30 feet, whichever is lesser, parallel to the shoreline and extending inward within the shore and bluff impact zones. c. In no case shall clear cutting be permitted. (Ord. No. 217, S 4, 8-22-94; Ord. No. 251, S 1,4-8-96; Ord. No. 377, S 58, 5-24-04) Sec. 20-483. Topographic alterations/grading and filling. Connections to public waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, shall be controlled by this ordinance and chapter 7, article III. Permission for excavations may be given only after the commissioner has approved the proposed connection to public waters. (Ord. No. 217, S 4,8-22-94; Ord. No. 377, S 59,5-24-04) Sec. 20-484. Placement and design of roads, driveways, and parking areas. (a) Public and private roads and parking areas shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation shall be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public " waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials. (b) Roads, driveways, and parking areas shall meet structure setbacks and shall not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and shall be designed to minimize adverse impacts. (c) Public and watercraft access ramps, approach roads, and access-related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subpart are met. (Ord. No. 217, S 4,8-22-94) Sec. 20-485. Stormwater management. Impervious surface coverage of lots shall not exceed 25 percent of the lot area, except as follows: (1) Thirty-five percent for medium/high density residential zones; and (2) Seventy percent in industrial zones within the Lake Susan Shoreland District. (Ord. No. 217, S 4, 8-22-94) Sec. 20-486. Sewage treatment. Any premises used for human occupancy shall be provided with an adequate method of sewage treatment, as follows: (1) Onsite sewage treatment systems shall be set back from the ordinary high water level in accordance with the setbacks contained in subsection 20-481(a) of this ordinance. (2) A nonconforming sewage treatment system shall be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property. For the purposes of this provision, a sewage treatment system shall not be considered nonconforming if the only deficiency is the sewage treatment system's improper setback from the ordinary high water level. (3) The city council has by formal resolution notified the commissioner of its program to identify nonconforming sewage treatment systems. Chanhassen will require upgrading or replacement of any nonconforming system identified by this program within a . reasonable period of time that will not exceed three years. Sewage systems installed according to all applicable local shoreland management standards adopted under M.S. S 103F.221, in effect at the time of installation may be considered as conforming unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area separation above groundwater than required by the Minnesota Pollution Control Agency's Chapter 7080 for design of on site sewage treatment systems, shall be considered nonconforming. (Ord. No. 217, ~ 4, 8-22-94; Ord. No. 377, ~ 60, 5-24-04) Sees. 20-487--20-500. Reserved.