1c. City Code Amendment - Yard Regulations
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
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Phone: 952.227.1100
Fax: 952.227.1110
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2310 Coulter Boulevard
Phone: 952.227.1400
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Natural Resources
Phone: 952.227.1130
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Senior Center
Phone: 952.227.1125
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Web Site
'M^IW. ci. chanhassen. m n. us
MEMORANDUM
TO:
Planning Commission
FROM:
Angie Kairies, Planner I
DATE:
June 16,2009
SUBJ:
'Dw'
City Code Amendment
Chapter 20, Zoning, Yard Regulations
lc..
PROPOSED MOTION:
"The Chanhassen Planning Commission recommends that City Council adopt
the proposed amendments to Chapter 20 of the Chanhassen City Code as
outlined in the staff report."
BACKGROUND
There are properties within the City that have large drainage and utility easements
which do not contain utilities, located on the individual parcels that leave little
room for outdoor living
space. In such
situations, the
homeowner would like
to place patios, pathways
and other landscape
features within a
drainage and utility
easement located on their
property.
The current City Code
provides relief for fences
with an encroachment
agreement; however,
patios are strictly
prohibited. Therefore, a
variance is required to
allow such structures
within the easement.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
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Planning Commission
Yard Regulations
June 16, 2009
Page 2
This can be onerous on the property owner if the improvement does not negatively affect the
intended purpose of the drainage and utility easement.
This item was heard by the City Council in a work session meeting on May 26, 2009. The City
Council concurred with staff s recommendations.
DISCUSSION
The current code strictly prohibits the encroachment of patios into a drainage and utility
easement. Patios and pathways, etc. are currently reviewed and permitted through a Residential
Zoning Permit to verify compliance with City Code including, but not limited to, setbacks, hard
surface coverage, and maintaining existing drainage patterns.
Staff is proposing the following changes to the Chanhassen City Code shown in strike-thru and
bold format:
Sec. 20-908. Yard regulations.
(5) The following shall not be considered to be obstructions (variances granted from a required
setback are not entitled to the following additional encroachments):
a. Into any required front yard, or required side yard adjoining a side street lot line,
cornices, canopies, eaves, or other architectural features may project a distance not
exceeding two feet, six inches; fire escapes may project a distance not exceeding four
feet, six inches; an uncovered stair and necessary landings may project a distance not to
exceed six feet, provided such stair and landing shall not extend above the entrance floor
of the building; bay windows, balconies, open porches and chimneys may project a
distance not exceeding three feet; unenclosed decks and patios may project a distance not
exceeding five feet and shaH :aot be located in a draiaage and atility easement. Other
canopies may be permitted by conditional use permit.
b. The above-named features may project into any required yard adjoining an interior lot
line, subject to the limitations cited above.
(6) The placement of any structure within easements is prohibited, except for those structures
specified herein. Fences, retaining walls, non-structural fire pits, sidewalks, pathways,
and patios not integral to the principal structure (the first 10 feet adjacent to the
principal structure shall be considered integral), 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 Community Development Director or designee. A driveway or sidewalk
from the street to the house crossing drainage and utility easements at the front of the
property are exempt from this requirement.
Planning Commission
Yard Regulations
June 16, 2009
Page 3
, NOTE: For new construction, Section 20-905(6) requires a future 10' x 10' patio for all exiting
doors which do not connect directly to a sidewalk or stoop be shown on the proposed survey.
This future patio is an integral part of the principal structure and may not encroach into a
drainage and utility easement.
RECOMENDATION
"The Chanhassen Planning Commission recommends that City Council adopt the proposed
amendments to Chapter 20 of the Chanhassen City Code as outlined in the staff report."
ATTACHMENT
1. Ordinance Amending Chapter 20, Zoning.
g:\plan\city code\2009 code amendments\pc memo ch 20 yard regulaitons 6-16-09,doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20
CHANHASSEN CITY CODE,
ZONING
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Section 20-908 (5)(a) of the City Code, City of Chanhassen, Minnesota, is hereby amended
to read as follows:
Into any required front yard, or required side yard adjoining a side street lot line, cornices, canopies,
eaves, or other architectural features may project a distance not exceeding two feet, six inches; fire
escapes may project a distance not exceeding four feet, six inches; an uncovered stair and necessary
landings may project a distance not to exceed six feet, provided such stair and landing shall not
extend above the entrance floor of the building; bay windows, balconies, open porches and chimneys
may project a distance not exceeding three feet; unenclosed decks and patios may project a distance
not exceeding five feet. Other canopies may be permitted by conditional use permit.
Section 2. Section 20-908 (6) of the City Code, City of Chanhassen, Minnesota, is hereby amended to
read as follows:
The placement of any structure within easements is prohibited, except for those structures specified
herein. Fences, retaining walls, non-structural fire pits, sidewalks, pathways, and patios not integral
to the principal structure (the first 10 feet adjacent to the principal structure shall be considered
integral), 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 Community Development Director or
designee. A driveway or sidewalk from the street to the house crossing drainage and utility
easements at the front of the property are exempt from this requirement.
Section 3. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this _ day of _,2009, by the City Council ofthe City of
Chanhassen, Minnesota
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on
)
g:\plan\city code\2009 code amendments\amendment ordinancech 20 d&u encroachment.doc
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