6 Amend Private Street/Flag LotCITYOF/
690 City Center Drive
PO Box' 147
Chanhassen, Mi, aesota 55317
Phone
952.937.1900
~ neral Fax
952937.5739
Engineering Department Fax'
952.937.9152
Building Department lax
952.934.2524
Web Site
www. ci. cha,hasse,.m,.us
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MEMORANDUM
TO:
Planning Commission
FROM:
Sharmin A1-Jaff, Senior Planner
DATE: March 28, 2001
SUB J:
Private Streets/Flag Lots- Proposed Ordinance Amendment
Staff has always been a strong advocate of private streets in environmentally
sensitive areas. The criteria is practical and reasonable. It requires applicants to
demonstrate that they are actually opting to use the private street for reasons other
than maximizing the number ofbuildable lots within a subdivision. We strongly
discourage the Pla,ming Commission and City Council from eliminating it. Th6
success stories associated with private streets in the city are numerous. The city
promotes preservation of wooded areas, wetlands, topography, bluffs, creeks, etc.
Public right of way has a width of 60 feet, while private streets are only 30 feet
wide. They both provide access to property. One of the main differences from an
environmental standpoint is its low adverse impact. It minimizes grading limits
and requires wider lots. If the city intends to require preservation of natural'
resources, we must keep this essential tool. Our expectations Of developers must
be realistic (to promote preservation, we reduce.street width).
Private Streets/Flag Lots
March 28, 2001
Page 2
The current ordinances pertaining to private streets and flag lots are attached (Attachment #1).
Both ordinances carry the same language as far as conditions under which they may be permitted.
The ordinance clearly prohibits private streets unless the following exists:
The construction of private streets is prohibited except as specified in section 18-57(0).
(o) Private streets may be permitted in business, industrial, office, R-8, R-12, and R-! 6. Up
to four (4) lots in the A-2, RR, RSF, and R4 districts may be served by a private street if
the city finds the following conditions to exist:
And
(q) Flag lots may be permitted in the A2, RR, RSF and R4 if the cityfinds the following
conditions exist:
(1) The prevailing development pattern makes it unfeasible or inapjoropriate to constrict
a public street, h~ making this determination the city may consider the location of
existing property lines and homes, local or geographic conditions and the existence
of wetlands.
(2) After reviewing the surrounding area, it is concluded that an extension of the
public street system is not required to serve other parcels in the area, improve
access, or to provide a street system consistent with the comprehensive plan.
(3) The use of a private street will permit enhanced protection of the city's natural
resources including wetlands and forested areas.
The ordinance also states, "If the use of a private street is to be allowed, it is subject to
specific standards". One of these standards states:
(6) The private street shall be designed to minimize impacts upon adjoining
parcels. The city may require revised alignments and landscaping to minimize
impacts. An erosion control plan should be completed and approved prior to
construction.
Private Streets/Flag Lots
March 28, 2001
Page 3
The following are alternative ordinances for consideration.
Option 1
Private Streets and Flag Lots must meet the Subdivision - Variance Section requirements (18-22)
in addition to sections 18-57 (o) and (q). This addition would require an applicant to
demonstrate a hardship. We believe that this option will allow the city to impose conditions
dealing with house orientation, landscaping, etc. We have contacted other communities and
found that both the City of Minnetonka and Plymouth permit flag/neck lots and Private Streets as
a variance attached to a subdivision.
This option can be accomplished by adding the following language:
18-57 (o)
(4) The use of a private driveway may be permitted if the criteria in section 18-22.
Conditions for granting a variance are met.
18-57(q)
(4) The use of a flag lot may be permitted if the criteria in section 18-22. C conditions for
granting a variance are met.
Option'2
Orientation: The ordinance could be amended to require flag lots and lots served by a private
driveway to provide yard orientation that conform to the following standard:
Front yard must face or adjoin neighboring front yards.
Rear yard must face or adjoin neighboring rear or side yards.
This ordinance would prohibit infill or stacked lots; yet, it may still be applied to new subdivisions.
This can be accomplished by adding the following language:
20-615 Lot requirement and setbacks.
The following minimum requirements shall be observed in an "RSF" District subject to
additional requirements, exceptions and modifications set forth in this chapter and chapter 18:
(8) Lots served by a private drive~vay or a flag lot shall conform to the following yard
orientation:
a.
be
Front yard must face or adjoin neighboring front yards (stacked or front to rear lots
are prohibited).
Rear yard must face or adjoin neighboring rear or side yards.
Private Streets/Flag Lots
March 28, 2001
Page 4
Option 3
Increase the setbacks and dimensions on flag lots and lots served by a private driveway as follow:
Minimum Lot width 110 feet.
Minimum Lot depth 145 feet.
Minimum Front and Real' Yard Setbacks 40 feet.
Minimum Side Yard Setbacks 20 feet.
These increased dimensions will allo~v for a larger buffer. This option can be accomplished as
follows'
Section 20-615. Lot requirement and setbacks.
The following minimum requirements shall be observed in an "RSF" District subject to
additional requirements, exceptions and modifications set forth in this chapter and chapter 18'
(1) The minimum lot area is fifteen thousand (15,000) square feet. For neck or flag lots, the
lot area requirements shall be met after the area contained within the "neck" has been excluded
fi'om consideration.
(3) The minimum lot depth is one hundred twenty-five (125) feet. The location of these lots
is conceptually illustrated below. Lot width on neck or flag lots and lots accessed by private
driveways shall be one hundred and ten (440) (110) feet as measured at the front building
setback line and lot depth shall be one hundred and fort), five (145) feet as measured at the
front property line (where lot width meets 110 feet).
(6) The setbacks for lots served by private streets and/or neck lots are as follows'
a. For front yard, ~ fort), (gO 40) feet. The front yard shall be the lot line nearest the
public right-of-way that provides access to the parcel. The rear yard lot line is to be located
opposite from the front lot line with the remaining exposures treated as side lot lines. On neck
lots the front yard setback shall be measured at the point nearest the front lot line where the lot
achieves a one-hundred-foot minimum width.
b. Foi' rear yards, ¢4t3ety forty (gO 40) feet.
c. For side yards, ten m'enty (-I-0 20) feet.
Option 4
Leave ordinance as is.
CONCLUSION
We believe that all problems encountered in the past have been the result of structure orientation.
To prevent this from happening in the future, staff recommends the adoption of option 1. The
city will have the latitude of approving or denying a request based on findings. Also, conditions
can be attached to a variance application addressing home orientation, screening, etc.
Private Streets/Flag Lots
March 28, 2001
Page 5
RECOMMENDATION
The Planning Commission recommends approval of the following ordinance amendmem, adding
subsection 18-57 (o) (5) and 18-58 (q) (4) as follows:
18-57 (o)
(5) The use of a private driveway may be permitted if the criteria in section 18-22. Conditions
for granting a variance are met.
18-58(q)
(4) The use of a flag lot may be permitted if the criteria in section 18-22. Conditions for
granting a variance are met.
ATTACHMENTS
o
Lot configurations.
Examples of subdivisions containing private streets and flag lots.
g:\plan\sa\flag lots-ord.amend.doc
TYPICAL SUBDIVISIONS -
FRONT YARD FACES STREET AND NEIGHBOR'S FRONT 'YARD, REAR YARD FACES
REAR YARD
ESTABLISHED NEIGHBORHOOD WITH A MIX OF POSSIBLE LOTS
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