1 Proposed Lakeshore SetbacksCITYOF
690 C#y Center D~ive, PO Box' 147
Chanhassen, Minnesota 55317
Phone 612. 937.1900
General Fax 612.93Z5739
£ngi,eering tax 612.937.9152
?ub/ir SafeO, lax 612.934.2524
Web www. cl. chanhassen, mn. us
MEMORANDUM
TO: '
FROM:
DATE:
Kathryn Aanenson, Community Development Director
Loft Haak, Water Resources Coordinator
May 7, 2001
SUB J: Proposed Lakeshore Setback Regulations
BACKGROUND
These regulations are currently under examination by City Council, Planning
Commission and City staff because administration of the existing standard is
difficult.
_
City staff is requesting the current lakeshore setback standard be eliminated
because, in some cases, it is punitive to lakesho/e property owners.
NEED
The City adopted a setback requirement that exceeds the requirements of the
Minnesota Department of Natural Resources (DNR). These requirements are
intended to protect the lake views of existing homes as well as ensure an
appearance of continuity; however, the standard is difficult to administer.
Section 20-481 (Attachment 1) states: "When a structure exists on a lot on
either side, the setback of a proposed structure shall be the greater of the
distance set forth in the above table or the setback of the existing structure."
In interpreting this standard, staffh~ employed two methods to determine
setbacks for lakeshore lots under this portion of the Code. Using the first
method, the setbacks of structures on lots on either side, where they exist, are
averaged and the proposed structure is required to meet that setback (Figure
1).
The City o. f Chauhasst~t. A ~rowin~ community with ckan lakes, quality schools, a charming downtown, thriving businesses, and beautiful parks. A ereat olace to live, work, and tda~.
Kathryn Aanenson
May 7, 2001
Page 2
In cases where the shoreline is not straight along the three properties, it is not always
reasonable to require the proposed structure to meet the average setback (Figure 2).
Often, it is more reasonable to draw.a line between the rearmost points of structures on
adjacent lots and reqUire the proposed structure to meet that setback (Figure 3).
Kathryn Aanenson
May 7, 2001
Page 3
Using either method, the inclusion of existing structures that are set back several hundred
feet on very deep properties skews the results. The skewed mathematical average or line
drawn often makes a lot unbuildable if a variance is not granted.
Recently, a number of applicants have requested variances from this standard. In order to
reduce the amount of time spent by the City Council, Planning Commission and City
staff on this issue and to streamline the process for applicants, it is prudent to examine the
current standard and whether it can be revised to reduce the number of variances.
ANALYSIS
The goal of the existing standard is to: 1. Protect sight lines of the lake from existing homes; and
2. Provide a continuous appearance along the fronts of lakeshore lots.
Historically, in many neighborhoods containing lakeshore properties, primary structures
are placed in a way that provides a continuous appearance from the street and protects
lake views (Attachments 2, 3, 4, 5, 6, 7). A majority of these riparian subdivisions were
approved prior to adoption of the current ordinance, yet maintained sight lines and
continuous appearances (Attachments 2, 3, 5, 6, 7).
Staff Recommendation: Eliminate Current Standards ,
Staff recommends that those current standards more restrictive than DNR requirements
be eliminated. The more stringent standards are an attempt to blend proposed
development into existing development. In many cases, this results in requirements that
are punitive to the owners of lots that were not built out concurrently with the rest of the
development (i.e., infill development). Elimination of all standards more restrictive than
DNR requirements would do away with these punitive requirements. It would also
decrease the amount of City Council, Planning Commission and staff time spent on
interpretation, application and enforcement of the shoreland ordinance.
Current setbacks (lakeshore, side yard, etc.) and building size restrictions (height,
impervious surface, etc.) would still regulate the placement and bulk of structures on
lakeshore lots.
Option 2: Adopt Standards Based on those of Minnetrista
Minnetrista's standards (Attachment 8) set forth three criteria for lakeshore setbacks, the
greatest of which determines the setback for a particular lot. This standard eliminates one
problem by stating that, if the adjacent riparian principal structures are greater than 200
feet from the structure in question, the standard does not apply. However, since the
greatest of the three criteria determines the setback, it appears these standards would
result in problems similar to those currently experienced by the City.
Kathryn Aanenson
May 7, 2001
Page 4
If the Planning Commission feels strongly about maintaining a blending-type provision
regarding lakeshore setbacks, staff recommends the adoption of a variation on
Minnetrista's standards. This would include language as follows:
"No structure shall be located closer to the ordinary high water mark than the setback in
the above table. Additionally, any structure (unless otherwise permitted by this article)
shall exceed the lesser of the following two setbacks: a) A line which is drawn between
principal structures on the riparian lots on either side of a proposed structure at the
forward most protrusion toward the water, or b) The average setback of the principal
structures from the ordinary high water mark on the lots on either side of a proposed
structure. For purposes of calculating the average, begin measuring at the forward most
protrusion (toward the water).
Protrusion shall include any part of the principal structure, such as decks, part of the
dwelling unit, porches, etc. Protrusion shall not include slabs, detached buildings,
detached garages, etc.
Subsections a and b shall not apply unless there are principal structures within 200 feet
on all riparian lots abutting the proposed structure."
SUMMARY
In short, staff recommends the elimination of current lakeshore setback standards for
several reasons:
1. The current standard is difficult to administer;
2. If a property owner is required to meet setbacks consistent with those on the lots
on either side, the requirements may infringe on the property owners' rights to
reasonable use of his or her property. This could result in a takings issue; and
3. Cooperation between the applicant, adjacent property owners and the City with
regard to home orientation, screening vegetation and other factors often results in
suitable resolutions to setback issues. This dramatically reduces the amount of
time spent by City Council, Planning Commission and staff on view protection
issues.
RECOMMENDATION
Staff recommends that the Planning Commission recommend the City Council approve
the following motion:
"Section 20-481 shall be modified to read:
'Sec. 20481. Placement, design, and height of structure.
Kathryn Aanenson
May 7, 2001
Page 5
(a) Placement of structures on lots. When more than one (1) 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:
Classes of Public Structures Structures Sewered Sewage Treatment
Waters Unsewered System
L,4KES
Natural environment
Recreational
development
R/VERS
150 150 150
100 75 75
Agricultural and 100 50 75
~ibutary
Whcn a structurc cxists on a lot on cithcr sidc, thc sctback of a proposed structurc shall
bc thc grcatcr of thc distancc sct forth in thc abovc tablc or thc sctback of thc cxisting
structurc.'"
ATTACHMENTS:
1. Chanhassen City Code, Section 20-481
2. Lake Riley Boulevard aerial photograph
3. Minnewashta Heights aerial photograph
4. Whitetail Cove aerial photograph
5. Dogwood Road aerial photograph
6. Horseshoe Curve aerial photograph
7. Sandy Hook Road aerial photograph
8. City of Minnetrista Current Standards
Attachment I
ZONING § 20-481
Tributary
Agricultural No Sewer Sewer
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 ff publicly owned sewer system service is available to the property.
(Ord. No. 217, § 4, 8-22-94; Ord. No. 240, § 13, 7-24-95; Ord. No. 240, § 13, %24-95)
Sec. 20-481. Placement, design, and height of structuxe.
(a) Placement of structures on lots. When more than one (1) 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:
Classes of Public Waters
Sewage
Structures , Treatment
Unsewered Sewered System
Lakes
Natural environ~ment 150 150 150
Recreational development 100 75 75
Rivers
Agricultural and tributary 100 50 75
When a structure exists on a lot on either side, the setback of a proposed structure shall be the
greater of the distance set forth in the above table or the setback of the existing structure.
One (1) water-oriented acceSsory structure designed in accordance withSection 20-482(e)(2)(b)
of this article may be setback a minimum distance often (10) feet from the ordinary high water
level.
(b) Additional structure setbacks. The foYl0wing additional structure setbacks apply,
regardless of the classification of the waterbody.
Setback From:
(1) Top of bluff;
(2) Unplatted cemetery;
(3) Right-of-way line of federal, state,
or county highway; and
Setback (in feet)
30
5O
5O
Supp. No. 8 1195
§ 20-481
CHANHASSEN CITY CODE
Setback From:
(4) Right-of-way line of town road, pub-
lic streets, or other roads or streets
not classified.
Setback (in feet)
2O
(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 ~ublic 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 flood plain
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 (3) feet above the
highest known water level, or three (3) feet above the ordinary high water level;
whichever is higher;
b. For rivers and streams, by placing the lowest flo6r at least three (3) feet above the
flood of record, if data are available. If data are not available, by placing the
lowest floor at least three (3) 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 (3) approaches, technical evaluations shall be done by a qualified.
engineer or hydrologist consistent with parts 6120.5000 to 6120.6200 governing
the management of flood plain areas. If more than one (1) 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 (1) water-oriented
accessory structure not meeting the normal structure setback in section 20-481(a) if
this water-oriented accessory structure complies with the following provisions:
a. The structure or facility shall not exceed ten (10) feet in height, exclusive of safety
rails, and cannot occupy an area greater than two hundred fifty (250) square feet.
Detached decks shall not exceed eight (8) feet above grade at any point.
Supp. No. 8 1196
ZONING § 20-481
b. The setback of the structure or facility from the ordinary high water level shall be
at least ten (10) 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 genera/development and recreational development waterbod-
les, 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 four hundred (400) square feet provided the maximum
width of the structure is twenty (20) feet as measured parallel to the configura-
tion of the shoreline.
(3) Stairway, lifts and landings. Stairways and lifts are the preferred alternative to major
topographic alterations for achieving access up ad 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 (4) feet in width On residential lots.
Wider stairways may be used for comraercjal properties, public open-space
recreational properties, and planned unit developments;
b. Landings for stairways and lifts on residential lots shall not exceed thirty-two
(32) square feet in area. Landings larger than thirty-two (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 subitems a. to e. are complied with in
addition to the requirements of Minnesota Regulations, Chapter 1340.
(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
Supp. No. 9 1196.1
§ 20-481
CHANHASSEN CITY CODE
sewage treatment systems, roads, driveways, structures, or other improvements on
steep slopes. When dete _rmined 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 nonres-
idential agricultural structures, shall not exceed thirty-five (35) feet in height.
(Ord. No. 217, § 4, 8-22-94)
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.
(b) Vegetation alterations.
(1) Vegetation alteration necessary for the construction of structures and sewage treat-
ment systems and the construction of roads and parking areas regulated by section
20-484 of this article are exempt from the following vegetation alteration standards.
-(2) Removal or alteration of vegetation is allowed subject to the .following standards:
a. Intensive ~egetation clearing within the shore' and bluff impact zones and On
steep slopes is not allowed. Intensive vegetation clearing for forest land conver-
sion to another use outside of these areas is allowable if permitted as part of a
development approved by the city council as a conditional use 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, priming, 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, 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 be limited to a strip thirty (30) percent of lot width or thirty~~';
(30) feet, whichever is lesser, parallel to the shoreline and extending inward
within the shore and bluff impact zones.
(Ord. No. 217, § 4, 8-22-94; Ord. No. 251, § 1, 4-8-96)
Supp. No. 9 1196.2
,
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Attachment 8
CITY OF MINNETRISTA
Current Standards
Following is the language from the City of Minnetrista's web site regarding lakeshore
setback regulations:
P2. What are the Lakeshore setback regulations?
No principal structure or building addition shall be located closer to the ordinary high
water mark than the greater of: a) Seventy-five (75)feet in all zoning districts except
R2DB where the setback diminishes to fifty (50)feet, or b) A line which is &awn between
the two closes riparian principal str~.wtures on either side (at the forward most
protrusion * toward the water) ora proposed building addition or new structure, or c)
The average setback of the two adjacent, riparian, principal structures on either side ora
proposed building addition or new structure. For purposes of calculating the average,
begin measuring at the fomeard most flrotrusion (toward the water).
*protrusion shall include any part of the principal structure, such as decks, part of the
dwelling unit, porches, etc. Protrusion shall not include slabs, detached buildings,
detached garages, etc.
For purposes of applying subsection b and c, if the adjacent riparian principal structures
are greater than 200 feet fi'om the structure in question, these sections shall not apply.
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