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
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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
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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)
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"':
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
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(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;
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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
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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.