3b. Non-Conforming Lots Code Amendmentto MEMORANDUM
TO: Planning Commission
CITY OF
CHMNSFN
FROM: Sharmeen Al- Ja�f�f,� Senior Planner
7700 Market Boulevard
DATE: June 5, 2012 Vk
PO Box 147
Chanhassen, MN 55317
SUBJ: City Code Amendment
Chapter 20, Sec. 20 -73(c) and Sec. 20 -490. — Non - Conforming Lots
Administration
Phone: 952.227.1100
Fax: 952.227.1110
BACKGROUND
Building Inspections
On February 21, 2012, staff presented an issue paper focusing on non - conforming lots
Phone: 952.227.1180
Fax: 952.227.1190
of record. Staff explained that there are subdivisions within the City that predate the
current City Code. They contain a number of lots that have been combined. The
Engineering
County typically identifies these lot combinations under a single Parcel Identification
Phone: 952.227.1160
Number (PID). This number is issued by the County and is for tax purposes only.
Fax: 952.227.1170
Having one PID for 10 lots does not mean there is only one lot. If a property owner
chooses to sell 5 of the 10 lots, they may do so without proceeding through a
Finance
Phone: 952.227.1140
subdivision process, since the lots are already platted. Should the buyer decide to
Fax: 952.227.1110
build a home on these lots, they must meet the required setbacks and hard surface
coverage stipulated in the zoning ordinance. If a variance is required to build a home,
Park & Recreation
it would constitute a self - created hardship and the City can deny the request.
Phone: 952.227.1120
Fax: 952.227.1110
The goal is to limit the creation of additional non - conforming lots by creating a
minimum lot size.
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
The City Code states:
Fax: 952.227.1404
Section 20 -73(c)
Planning &
If two or more contiguous lots are in single ownership and if all or part of the lots do
atural Resources
Phone: l Res rce
not meet the width and area requirements of this chapter for lots in the district, the
Fax: 952.227.1110
contiguous lots shall be considered to be an undivided parcel for the purpose of this
chapter. If part of the parcel is sold, the sale shall constitute a self - created hardship
Public Works
under the variance provisions of this chapter
7901 Park Place
Phone: 952.227.1300
ANALYSIS
Fax: 952.227.1310
The current ordinance permits the sale of a non - conforming lot of record but denies
Senior Center
the use of the lot to the buyer unless they can meet the zoning requirements for the
Phone: 952.2271125
Fax: 952.227.1110
construction of a structure. The problem emerges when a buyer purchases a lot,
assuming that it is buildable. Often, it becomes problematic to meet setbacks or hard
Web Site
surface coverage. One simple solution to this problem would be to amend the above
www.ci.chanhassen.mn.us
ordinance to allow some flexibility, but insure adequate minimum buildable area as
defined by the State of Minnesota. Staff is recommending that non - conforming lots
meet 66% of current ordinance requirements before a part of an existing parcel can be
sold. These numbers would translate as follows:
3b
Chanhassen is a Community for Life -Providing for Today and Planning for Tomorrow
Planning Commission
City Code Amendment — Non - conforming Lots
June 5, 2012
Page 2
The amended ordinance would read as follows:
Section 20 -73(c) of the Chanhassen City Code is here replaced to read as follows:
If a non - conforming lot or parcel is, or at any time since , 2012 (date of ordinance
adoption) has been held in common ownership with all or part of an adjoining or abutting parcel
or lot, then such non - conforming lot or parcel and such adjoining or abutting parcel or lot shall
be deemed one lot. If in a group of two or more adjoining or abutting lots or parcels owned or
controlled by the same person, any single lot or parcel does not meet 66% of the full minimum
depth, width, and area requirements of this Chapter, such single lot or parcel shall not be
considered as a separate lot or parcel able to be conveyed or developed under this Chapter.
Chapter 20 of the Chanhassen City Code is amended by adding subsection 20 -490. Additionally,
the State of Minnesota has adopted separate standards for lots within the Shoreland District. To
adopt this language, the City will need to adopt the following ordinance amendment:
Sec, 20 -490. - Non - Conforming Lots.
(a) A non - conforming single lot of record located within the Shoreland Management District
may be allowed as a building site without variances from lot size requirements, provided
that:
(1) All structure and septic system setback distance requirements can be met;
(2) A Type 1 sewage treatment system consistent with Minnesota Rules, Chapter
7080, can be installed or the lot is connected to a public sewer; and
(3) The impervious surface coverage does not exceed 25 percent of the lot.
(b) In a group of two or more contiguous lots of record under a common ownership, an
individual lot must be considered as a separate parcel of land for the purpose of sale or
development, if it meets the following requirements:
(1) The lot must be at least 66% of the dimensional standard for lot width and lot size
for the shoreland classification consistent with Minnesota Rules, Chapter 6120;
(2) The lot must be connected to a public sewer, if available, or must be suitable for
the installation of a Type 1 sewage treatment system consistent with Minnesota
Rules, Chapter 7080, and local government controls;
(3) Impervious surface coverage must not exceed 25 percent of each lot; and
Planning Commission
City Code Amendment — Non - conforming Lots
June 5, 2012
Page 3
(4) Development of the lot must be consistent with the City's comprehensive plan.
(c) A lot subject to paragraph (b) not meeting the requirements of paragraph (b) must be
combined with the one or more contiguous lots so they equal one or more conforming
lots as much as possible.
(d) Notwithstanding paragraph (b), contiguous non - conforming lots of record in the
Shoreland Management District under a common ownership may be sold or purchased
individually if each lot contained a habitable residential dwelling at the time the lots came
under common ownership and the lots are suitable for, or served by, a sewage treatment
system consistent with the requirements of Minnesota Statutes Section 115.55 and
Minnesota Rules, Chapter 7080, or connected to a public sewer.
(e) In evaluating all variances, zoning and building permit applications, or conditional use
requests, the zoning authority shall require the property owner to address, when
appropriate, storm water runoff management, reducing impervious surfaces, increasing
setback, restoration of wetlands, vegetative buffers, sewage treatment and water supply
capabilities, and other conservation- designed actions.
(f) A portion of a conforming lot may be separated from an existing parcel as long as the
remainder of the existing parcel meets the lot size and sewage treatment requirements of
the zoning district for a new lot and the newly created parcel is combined with an
adjacent parcel.
RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of the attached ordinance
amending Chapter 20 Zoning of the Chanhassen City Code pertaining to non - conforming lots of
record.
ATTACHMENTS
1. Ordinance Amending Chapter 20, Zoning, Section 20- 73(c), and adding Section 20 -490 Non -
Conforming Lots.
g: \plan \city code\2012\nonconforming lots \nonconforming lots of record pc report.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20
CHANHASSEN CITY CODE, ZONING
CONCERNING NON - CONFORMING LOTS OF RECORD
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1 . The Chanhassen City Code is amended by amending section 20 -73(c) to read
as follows:
(c) If a non - conforming lot or parcel is, or at any time since , 2012 (date of
ordinance adoption) has been held in common ownership with all or part of an adjoining
or abutting parcel or lot, then such non - conforming lot or parcel and such adjoining or
abutting parcel or lot shall be deemed one lot. If in a group of two or more adjoining or
abutting lots or parcels owned or controlled by the same person, any single lot or parcel
does not meet 66% of the full minimum depth, width, and area requirements of this
Chapter, such single lot or parcel shall not be considered as a separate lot or parcel able to
be conveyed or developed under this Chapter.
Chapter 20 of the Chanhassen City Code is amended by adding subsection 20 -490 to provide as
follows:
Section 2 . The Chanhassen City Code is amended by adding section 20 -490 to read as
follows:
See. 20 -490. - Non - Conforming Lots.
(a) A non - conforming single lot of record located within the Shoreland Management District
may be allowed as a building site without variances from lot size requirements, provided
that:
(1) All structure and septic system setback distance requirements can be met;
(2) A Type 1 sewage treatment system consistent with Minnesota Rules, Chapter
7080, can be installed or the lot is connected to a public sewer; and
(3) The impervious surface coverage does not exceed 25 percent of the lot.
(b) In a group of two or more contiguous lots of record under a common ownership. an
individual lot must be considered as a separate parcel of land for the purpose of sale or
development, if it meets the following requirements:
(1) The lot must be at least 66% of the dimensional standard for lot width and lot size for
the shoreland classification consistent with Minnesota Rules, Chapter 6120;
(2) The lot must be connected to a public sewer, if available, or must be suitable for the
installation of a Type 1 sewage treatment system consistent with Minnesota Rules,
Chapter 7080, and local government controls;
(3) Impervious surface coverage must not exceed 25 percent of each lot; and
(4) Development of the lot must be consistent with the City's comprehensive plan.
(c) A lot subject to paragraph (b) not meeting the requirements of paragraph (b) must be
combined with the one or more contiguous lots so they equal one or more conforming
lots as much as possible.
(d) Notwithstanding paragraph (b), contiguous non - conforming lots of record in the
Shoreland Management District under a common ownership may be sold or purchased
individually if each lot contained a habitable residential dwelling at the time the lots came
under common ownership and the lots are suitable for, or served by, a sewage treatment
system consistent with the requirements of Minnesota Statutes Section 115.55 and
Minnesota Rules, Chapter 7080, or connected to a public sewer.
(e) In evaluating all variances, zoning and building permit applications, or conditional use
requests, the zoning authority shall require the property owner to address, when
appropriate, storm water runoff management, reducing impervious surfaces, increasing
setback, restoration of wetlands, vegetative buffers, sewage treatment and water supply
capabilities, and other conservation- designed actions.
(f) A portion of a conforming lot may be separated from an existing parcel as long as the
remainder of the existing parcel meets the lot size and sewage treatment requirements of
the zoning district for a new lot and the newly created parcel is combined with an
adjacent parcel.
Section 3. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this day of , 2012, by the City Council of the City
of Chanhassen, Minnesota.
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on
Pa