6. Access. Structures Amendment
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.2271110
Building Inspections
Phone: 952.2271180
Fax: 952.227.1190
Engineering
Phone 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.2271110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.2271130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.2271300
Fax: 952.227.1310
Senior Center
Phone: 952.2271125
Fax: 952.2271110
Web Site
www.ci.chanhassen.mn.us
w
MEMORANDUM
TO:
Kate Aanenson, Community Development Director
FROM:
Josh Metzer, Planner I
()~.
DATE:
January 18,2005
SUBJ:
Code Amendment to Chapter 20-904 to Regulate Accessory
Structures
INTENT
Amend Section 20-904 (Accessory Structures) of the City Code. By amending
the ordinance staff will be able to regulate the type of accessory structures
permitted within Chanhassen more efficiently.
BACKGROUND
The City has received complaints regarding the construction of a "carport"
consisting of a frame made of metal tubing and a plastic cover. In following up
on these complaints it was discovered that there was little that could be done to
resolve the issue. The reason for this was that our code has no concrete
regulation/restriction on materials permitted in the construction of accessory
structures.
CHANHASSEN CITY CODE
City Code 20-1 defines structures as:
Accessory use or structure means a use or structure subordinate to and serving the principal
use or structure on the same lot and clearly and customarily incidental thereto.
Sec. 7-62. Exterior property areas
(g) Accessory structures. All accessory structures, including detached garages, fences and walls,
shall be maintained structurally sound and in good repair, and the garage shall be the same
color as the principal structure.
Sec. 20-904. Accessory structures.
(a) A detached accessory structure, except a dock, shall be located in the buildable lot area or
required rear yard. No accessory use or structure in any residential district shall be located in
any required front, side or rear setback with the following exceptions:
(1) In the RSF and R-4 Districts accessory structures shall not exceed one thousand (1,000)
square feet. These structures may encroach into the rear setback as follows:
a. Less than one hundred forty (140) square feet, minimum rear setback is five (5) feet.
b. One hundred forty-one (141) to three hundred ninety-nine (399) square feet,
minimum rear setback is ten (10) feet.
c. Four hundred (400) square feet and above, minimum rear setback is thirty (30) feet.
J
The City 01 Chanhassen . A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gæat place to live, work, and play.
i
Kate Aanenson
Regulate Accessory Structures
January 18,2005
Page 2
(2) On riparian lots, detached garages and storage buildings may be located in the front or rear yard but must
comply with front, side and applicable ordinary high water mark setbacks and may not occupy more than
thirty (30) percent of the yard in which it is built.
(3) Tennis courts and swimming pools may be located in rear yards with a minimum side and rear yard setback
often (10) feet, but, must comply with applicable ordinary high water mark setbacks.
(b) A detached accessory structure may occupy not more than thirty (30) percent of the area of any rear yard.
(c) For parcels with less than three (3) acres in any residential or agricultural district, no accessory structure or use
shall be erected, constructed, or commenced prior to the erection, construction, or commencement of the
principal permitted structure or use, but may be erected or commenced simultaneously. If the principal structure
or use is subsequently removed, destroyed, or discontinued, the accessory structure or use must be removed or
discontinued within twelve (12) months.
FINDINGS
In researching city codes and speaking with planners from various municipalities in the Twin
Cities metropolitan area to see how they handle such situations, staff found that both definition
and regulation of temporary structures varied with each city. Some cities did not even define
temporary structures. Most cites included in the study had regulations on temporary structures
that were no stronger than ours, if they had any at all. However, staff was able to find some
definitions and regulations that could be helpful to the City of Chanhassen.
The Champlin City Code could be helpful in addressing situations similar to the "carport"
complaint discussed above. That ordinance reads as follows:
Building Materials
All accessory buildings in excess of one hundred twenty (120) square feet shall be constructed with a color
and exterior surface material consistent with the principal structure on the lot. Accessory buildings
constructed primarily of canvas, plastic fabric or other similar non-rigid materials, as determined by the
Building Official, shall be prohibited.
Staff recommends the Planning Commission adopt an ordinance that would allow the City to
regulate and restrict the type of materials permitted in the construction of accessory structures.
This addition to the zoning ordinance will protect neighboring property values and preserve the
aesthetic of residential neighborhoods.
If the City adopted the accessory structure materials ordinance, then all existing accessory
structures made of prohibited materials will become legal non-conforming.
RECOMMENDA TION
Amend Section 20-904 (Accessory Structures) of the City Code by adding subsection (d) to read
as follows:
(d) Accessory buildings constructed primarily of canvas, plastic fabric or other similar non-rigid materials,
as determined by the Building Official, shall be prohibited. Accessory structures shall be built of
materials compatible and comparable to those of the principle structure.
ATTACHMENTS
1. Ordinance Amendment.
2. Notice of Public Hearing.
g:\plan\code amendments\accessory structures - chapter 20-904\staff report acessory structures 1-18-05.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20, ZONING
CHANHASSEN CITY CODE
REGULATING ACCESSORY STRUCTURES
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Section 20-904 of the City Code, City of Chanhassen, Minnesota, is hereby amended
by adding subsection (d) to read as follows:
Sec. 20-904. Accessory structures.
(d) Accessory buildings constructed primarily of canvas, plastic fabric or other similar
non-rigid materials, as determined by the Building Official, shall be prohibited.
Accessory structures shall be built of materials compatible and comparable to those of
the principle structure.
Section 2. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this 14th day of February, 2005, by the City Council of the
City of Chanhassen, Minnesota
Todd Gerhardt, City Manager Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on )
,j
NOTICE OF PUBUC HEARING
CITY OF CHANHASSEN
NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a
public hearing on Tuesday, January 18,2005, at 7:00 p.m. in the Council Chambers in
Chanhassen City Hall, 7700 Market Boulevard. The purpose of this hearing is to review changes
to Chapter 20-904 of the Chanhassen City Code to regulate accessory structures.
The proposed changes are available for public review at City Hall during regular business
hours.
All interested persons are invited to attend this public hearing and express their opinions
with respect to this proposal.
Josh Metzer, Planning Intern
Phone: 952-227-1132
Email: jmetzer@ci.chanhassen.mn.us
(Publish in the Chanhassen Villager on January 6,2005)
G:\PLAN\Code Amendments\Accessory Structures - Chapter 20-904\PH Notice to Villager 1-6-05 Chapter 20-904 accessory structures. doc