CC Staff Report 17-19CITY COUNCIL STAFF REPORT
Monday, February 12, 2018
Subject Variance Request: 7052 Minnewashta Parkway
Section CONSENT AGENDA Item No: D.5.
Prepared By Bob Generous, Senior Planner File No: PC 201719
PROPOSED MOTION
“The Chanhassen City Council makes the determination that under current city ordinance a wetland buffer and
setback variance is not required for the construction of a singlefamily home at 7052 Minnewashta Parkway.”
Council approval requires a Majority Vote of the entire council.
SUMMARY
The applicant and property owner have appealed the Board of Appeals and Adjustments decision approving a 10
foot buffer variance, requiring a 40foot wetland buffer, and a 30foot wetland buffer setback variance, requiring a 20
foot wetland buffer setback. The applicant wants to construct a singlefamily home on a lot zoned SingleFamily
Residential 38.2 feet from the wetland edge at its closest. They contend that the wetland buffer and setback
requirements are not applicable to their property.
Planning Commission Summary
The Planning Commission, as the Board of Appeals and Adjustments, held a public hearing on January 2, 2018, to
review the proposed request. The Board voted four in favor and one against a motion approving an amended variance
for the applicant subject to the conditions of the staff report. Since it was greater than a 75 percent positive vote for
the variance, it would have been a final determination if the applicant had not appealed the decision.
Planning Commission minutes from January 2, 2018 are included in the consent agenda for the February 12, 2018,
City Council packet.
BACKGROUND
Ordinance #47AR, July 23, 1984. City requires 75foot setback from wetlands.
On June 26, 1989, the city approved a variance (#897) to permit the construction of a singlefamily home 25 feet
from the edge of a Class A wetland.
Ordinance #180, December 14, 1992. City amends ordinance to create four wetland classifications. Pre1992
parcels must meet 100 or 75foot wetland setback.
CITY COUNCIL STAFF REPORTMonday, February 12, 2018SubjectVariance Request: 7052 Minnewashta ParkwaySectionCONSENT AGENDA Item No: D.5.Prepared By Bob Generous, Senior Planner File No: PC 201719PROPOSED MOTION“The Chanhassen City Council makes the determination that under current city ordinance a wetland buffer andsetback variance is not required for the construction of a singlefamily home at 7052 Minnewashta Parkway.”Council approval requires a Majority Vote of the entire council.SUMMARYThe applicant and property owner have appealed the Board of Appeals and Adjustments decision approving a 10foot buffer variance, requiring a 40foot wetland buffer, and a 30foot wetland buffer setback variance, requiring a 20foot wetland buffer setback. The applicant wants to construct a singlefamily home on a lot zoned SingleFamilyResidential 38.2 feet from the wetland edge at its closest. They contend that the wetland buffer and setbackrequirements are not applicable to their property.Planning Commission SummaryThe Planning Commission, as the Board of Appeals and Adjustments, held a public hearing on January 2, 2018, toreview the proposed request. The Board voted four in favor and one against a motion approving an amended variancefor the applicant subject to the conditions of the staff report. Since it was greater than a 75 percent positive vote forthe variance, it would have been a final determination if the applicant had not appealed the decision.Planning Commission minutes from January 2, 2018 are included in the consent agenda for the February 12, 2018,City Council packet.BACKGROUNDOrdinance #47AR, July 23, 1984. City requires 75foot setback from wetlands.On June 26, 1989, the city approved a variance (#897) to permit the construction of a singlefamily home 25 feetfrom the edge of a Class A wetland.Ordinance #180, December 14, 1992. City amends ordinance to create four wetland classifications. Pre1992
parcels must meet 100 or 75foot wetland setback.
Ordinance #320, May 29, 2001. Wetland setbacks established for accessory structures.
Ordinance #377, May 24, 2004. Ordinance amended to increase minimum wetland buffer requirements. Pre2004
parcels must meet 100 or 75foot wetland setback.
Ordinance #449, May 14, 2007. Five wetland classifications established and specify that wetland classification meet
Minnesota Routine Assessment Method for Evaluating Wetland Functions, MnRAM. Pre2007 lots must comply with
the standards in effect at the time of their being subdivided. For pre1992 lots, reduced setbacks were possible with
the creation of buffer areas in conformance with the revised standards. It was the intent of the ordinance to provide
relief for earlier lots by permitting the use of buffers and lessor setbacks. A minimum wetland setback was intended.
However, the language did not clearly state that requirement.
DISCUSSION
Staff interpretation was that the property owner was required to meet the standards of the Wetland Protection
ordinance requiring a wetland buffer and setback as required by City Code Section 20411. However, after reviewing
the ordinance with the City Attorney, the plain language reading of Section 20411 does not provide clear and
unambiguous standards for lots created before May 14, 2007, of which this parcel is one.
(It should be noted that since May 2007, there have been no other instances where this defect in the regulations has
been involved.)
Any development of the property must still comply with the requirements of other regulatory agencies with
jurisdictional authority including the Minnesota Department of Natural Resources, Minnehaha Creek Watershed
District (MCWD), and Board of Water and Soil Resources (BWSR). The applicant must receive all necessary
permits and approvals from the Minnehaha Creek Watershed District prior to the construction of the house on the
property.
RECOMMENDATION
Staff recommends City Council make the determination that a variance approval from Chanhassen City Code is not
necessary for the construction of the proposed singlefamily home on the property. However, the applicant must
comply with Minnehaha Creek Watershed District as well as all other zoning code, building, and fire code
requirements.
ATTACHMENTS:
History of Chanhassen’s Wetland Ordinance Matrix
Survey 112817
Ordinance #449
History of Chanhassen’s Wetland Ordinance (Setbacks and Buffers) It is staff’s belief that the intent of Ordinance 449 was to provide relief to lots of record from before 12/14/92 without established subdivision standards by subjecting them to a 40’ principal structure setback rather than the 75’ primary and accessory structure setback that was established on 7/23/1984; however, the language that was used in Section 20-411(d) has been interpreted to mean that lots of record from before May 14, 2007 without setbacks and buffers established by subdivisions, site plans, or wetland alteration permits do not have any city mandated wetland setback or buffer requirements. These properties would still be subject to any applicable watershed or DNR setback and buffer requirements. Date Ordinance Categories Setbacks Buffers Grandfathering 7/23/84 47AR Class A 75' OHW NA None (original) Class B 75' OHW NA None (original) 12/14/92 180 Pristine 100' 20-100' (50' avg) Pre 12/14/92-100' or specified by approved wetland alteration permit or meet new standards Natural 40' (buffer edge) 10-30' (20' avg) Pre 12/14/92-75' or specified by approved wetland alteration permit or meet new standards Ag/Urban 40' (buffer edge) 0-20' (10' avg) Pre 12/14/92-75' or specified by approved wetland alteration permit or meet new standards Utilized 0' 0' 0' 5/29/01 320 Same Now apply to accessory Same Same 5/24/04 377 Pristine 100' 35-100' (50' avg) 12/15/92 to 5/24/04 see 180; pre 12/14/92 100' or meet new standards Natural 40' (buffer edge) 20-30' (20' avg) 12/15/92 to 5/24/04 see 180; pre 12/14/92 75' or meet new standards Ag/Urban 40' (buffer edge) 16.5' (avg) 12/15/92 to 5/24/04 see 180; pre 12/14/92 75' or meet new standards Utilized 0' 0' 0' 5/14/07 449 Outstanding 50'/50' (P/A)(buffer edge) 50' (min) Pre 5/14/07 standards in site plan/subdivision prevail, except no principal less than 40'. May create buffer to new standards to reduce accessory structure setback to allow placement within last 20' or 50% of existing principal structure setback, whichever is less. Preserve 40'/20' (P/A)(buffer edge) 40' (min) Manage 1 30'/15' (P/A)(buffer edge) 25' (min) Manage 2 30'/15' (P/A)(buffer edge) 20' (min) Manage 3 30'/15' (P/A)(buffer edge) 16.5' (min)
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