5. Ord Amend BCO District
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
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Web Site
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MEMORANDUM
TO:
Planning Commission
FROM:
Bob Generous, Senior Planner
DATE:
April 5,2005
SUBJ:
Amendment of Ordinance, Chapter 20, Article XXI, Chanhassen
City Code, Bluff Creek Overlay District (BCO)
SUMMARY PROPOSAL
Staff inadvertently repealed a portion of the Bluff Creek Overlay district which
provided relief for principal structures, which do not meet the required 40 foot
setback, on property within the district that were built prior to the adoption of
the ordinance.
BACKGROUND
The city initiated a study of the Bluff Creek Watershed in 1996; this created the
Bluff Creek Watershed Natural Resources Management Plan. This plan
provided the framework for the BCO district.
The Bluff Creek Overlay District was adopted on December 14, 1998. The
intent of the Bluff Creek Overlay District is that all development within the
district, including commercial, industrial and residential uses, should blend into
the natural environment while protecting Bluff Creek and sensitive land areas
abutting and in the vicinity of the watercourse and its tributaries.
The City adopted an ordinance (#364) which provided relief for structure
setbacks on January 12, 2004. On May 24,2004, the City adopted an ordinance
(#377) which amended the majority of the zoning code, including the bluff creek
overlay district setback relief.
SUMMARY OF ISSUE
As the District was overlaid upon existing subdivisions, the guidelines for
development had an unintended impact on existing developed properties. In
Section 20-1564, Structure Setbacks which requires a 40 foot setback from the
primary zone with no disturbance within the first 20 feet of such setback. Many
properties existing prior to the adoption of the BOC District do not meet this
requirement and therefore require a variance to the setback requirement prior to
the construction of a deck, remodel, shed, etc.
The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
Staff's solution is similar to the requirements of the Bluff Protection ordinance
by permitting setbacks as established by the existing development on the lot.
RECOMMENDA TION
Staff is recommending that the Planning Commission adopt the following
motion:
"The Planning Commission recommends approval of the ordinance amending
the Bluff Creek Overlay District, Section. 20-1564."
ATTACHMENT
1. Ordinance Amending Chapter 20, Chanhassen City Code.
2. Map of the Bluff Creek Overlay District.
g:\plan\jm\bco\rnemo pc 4-5-05.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20, Article XXXI
CHANHASSEN CITY CODE,
BLUFF CREEK OVERLAY DISTRICT
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Section 20-1564 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(a) All structures shall be set back a minimum of 40 feet from the primary zone, except
as specified below. No disturbances of the site shall occur within the first 20 feet of
such setback from the primary zone boundary.
(b) On parcels of land located within the Bluff Creek Overlay District on which a
principal structure has been constructed prior to December 14, 1998:
(1) The minimum setback from the primary zone shall be the existing principal
structure setback, if less than 40 feet.
(2) If the existing principal building or structure setback is less than 40 feet and
greater than or equal to 20 feet, then the first 50 percent of the established primary
zone setback shall remain undisturbed.
(3) If the existing principal building or structure setback is less than 20 feet there
shall be no grading or alterations beyond the existing setback.
Section 2. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this day of
City Council of the City of Chanhassen, Minnesota
, 2005, by the
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
(Summary Ordinance Published in the Chanhassen Villager on
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