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3 Bluff OrdinanceCIT¥OF 690 City Center Ddve, PO Box I47 Chanhassen, Minnesota 55317 Phone 612937.1900 General Fax 612.937.5739 £ngineering Fax 612.937.9152 Public Safe9, Fax 612.934.2524 Web www. ci. chanhassen.,tn, m MEMORANDUM TO: FROM: DATE: SUB J: Kate Aanenson, Community Development Director Phillip Elkin, Water Resources Coordinator July 14, 1999 Bluff Ordinance I am writing this memo in light of the recent problem we've had with the bluff ordinance violation. I have taken this time to go back and read the Bluff Protection Ordinance and I will be recommending that some changes be made to this ordinance to better define what is and isn't allowed along the bluff and to ultimately provide better protection for bluff areas. Attached is a permit we received recently for a Lake Riley property where the homeowner requested using the provision in the bluff ordinance that a property owner could clear a 30-foot wide path to a lakeshore property. I have enclosed the original grading plan which the contractor used existing slopes to create a path down to the lake. What happened in this situation was the person who applied for the permit was not the person that did the work and as a result, large retaining walls up to 12 feet high were put in along the bluff area. The bluff was totally destroyed along this path. We are working with the homeowner and the contractor to restore the blUff as best as possible without doing anymore damage, but this instance has underlined the need to revise the bluff ordinance. In going through the bluff ordinance, it states that "Major topographical alterations are prohibited" yet it permits a 30 foot wide clearing for access to a lake or bottom of a bluff. While the ordinance states that no more that a four foot wide path is allowed, it implies that 30 feet can be cleared or graded to get this path. In my conversations with Ceil Strauss, area hydrologist for the MnDNR, she strongly suggests that only stairs should be permitted for access. Her reasons are underlined by what has happened at the Lake Riley site. To obtain a safe trail or path to the lake, ether large retaining walls or a longer winding trail must be constructed. Both activities result in heavy tree and vegetation loss leaving permanent scars on the landscape. ! am looking for are suggestions on how to restrict grading along the bluff entirely and just use the lifts and landings creation of decks with stairways to gain access to the bottom of the bluff. jms Attachment The City of Chanhassen. A g. rowin~ community with clean lakes, quality, schools, a cha~mine downtown, thrivine businesses, and beautiful varks. A ereat ~lace to live, work, and vlav. APPROVED I KErR INC. .~[Jnll~tollka, MN 55345 612.936.9596 ZONING § 20-1402 Secs. 20-1352--20.1399. Reserved. ARTICLE XXVIH. BLUFF PROTECTION Sec. 20-1400. Statement of intent. Development, excavation, clearcutting and other activities within the bluff impact zone may result in increased dangers of erosion, increased visibility to surrounding properties and thereby endanger the natural character of the land and jeopardize the health, safety, and welfare of the citizens of the city. To preserve the character of the bluff impact.zone within the city, alteration to land or vegetation within the bluff area will not be permitted except as regulated by ~this article and by the regulations of the underlying zoning district where the property is located. (Ord. No. 152, § 2, 10-14-91; Ord. No. 249, § 2, 4-8-96) Sec. 20-1401. Structure setbacks. (a) Structures, including, but not limited to, principal buildings, decks, and accessory buildings,'except stairways and landings, are prohibited on the bluff and must be set back from the top of the bluff, the toe of the bluff, and the side of a bluff at least thirty (30) feet.' (b) On parcels of land on which a building has already been constructed on June 1, 1991, the setback from the top of the bluff is five (5) feet or existing setback, whichever is more, for additions to an existing building. Any new buildings will have to meet the thirty-foot setback. (Ord. No. 152, § 2, 10-14-91; Ord. No. 249, § 3, 4-8-96) Sec. 20-1402..Stairways, lifts and landings. Stairways and lifts may be permitted in suitable sites where construction will not redirect water flow direction and/or increase drainage velocity. Major topographic alterations are prohibited. Stairways and lifts must receive an earthwork permit and must meet the following design reqUirements: (1) Stairways and lifts may not exceed four (4) feet in width on residential lots. Wider stairways may be used for commercial properties, public open space recreational properties, and planned unit developments. (2) Reserved. (3) Canopies or roofs are not allowed on stairways, lifts, or landings. (4) Stairways, lifts and landings may be either constructed above the ground on posts or placed into the ground, provided they are designed and built in a manner that ensures control Of soil erosion. (5) stairways, lifts and landings must be located in the most visually inconspicuous portions of lots. Supp. No. 9 1273 § 20-1402 CHANHASSEN CITY CODE (6) Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed, provided that the dimensional and performance standards of subitems (1) to (5) are complied with. (Ord. No. 152, § 2, 10-14-91; Ord. No. 218, § 1, 8-22-94) Sec. 20-1403. Removal or alteration of vegetation. Removal or alteration of vegetation within a bluff impact zone is prohibited except for limited clearing of trees and shrubs and cutting, pruning and trimming of trees to provide a view from the principal dwelling site and to accommodate the placement of stairways and landings and access paths. Removal or alteration of vegetation must receive prior approval of the planning director or designee. An on-site review will be made to determine if the removal or alteration of vegetation will require new ground cover. In no case shall clearcutting be permitted. City staff will work with the property owner to develop a means of creating a view while minimizing disturbance to the bluff impact zone. (Ord. No. 152, § 2, 10-14-91) Sec. 20-1404. Topographic alterations/grading and filling. An earthwork permit will be required for the movement of more that ten (10) cubic yards of material within bluffimpact zones. The permit shall be granted if the proposed alteration does not adversely affect the bluff impact zone or other property. Topographic alterations/grading and filling within the bluff impact zone shall not be permitted to increase the rate of drainage. The drainage from property within the bluff impact zone may not be redirected without a permit from the city. Fill or excavated material shall not be placed in bluff impact zones. (Ord. No. 152, § 2, 10-14-91) Sec. 20-1405. Roads, driveways and parking areas. Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff impact zones when other reasonable and feasible placement alternatives exists. If no alternatives exist, they may be placed within these areas, and must be designed to not cause adverse impacts. (Ord. No. 152, § 2, 10-14-91) Sec. 20-1406. Reserved. Editor's note--Section 2 of Ord. No. 218, adopted Aug. 22, 1994, deleted former § 20-406, pertaining to the official bluff impact zone map, derived from Ord. No. 152, adopted Oct. 14, 1991. Supp. No. 9 1274 ZONING § 20-1449 Sec. 20-1407. Reconstruction of lawful nonconforming structures. Lawful nonconforming structures that have been damaged or destroyed may be recon- structed provided that it is reconstructed within one (1) year following its damage or destruction and provided the nonconformity is not materially increased. (Ord. No. 152, § 2, 10-14-91) Secs. 20-1408--20-1449. Reserved. Supp. No. 9 1274.1