2. Amendment to Chapter 20 of the City Code; Zoning
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
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MEMORANDUM
TO:
o~
Planning Commission
FROM: Bob Generous, Senior Planner
DA TE: December 6, 2005
SUBJ: Amendments to Chapter 20 of the Chanhassen City Code, Zoning
BACKGROUND
The Planning Commission has review responsibility for Chapter 20. On
November 1, 2005, staff reviewed the proposed changes to the Zoning ordinance.
DISCUSSION
Issue: Proliferation of after-the-fact variances and Zoning Compliance Reviews.
Sec. 20-91. Zoning compliance review.
Zoning Compliance Reviews are required for any structure that does not require a
building permit. As we are all aware, the City of Chanhassen has experienced a
marked increase in the number of residents constructing nonconforming structures
resulting in the need for a variance, partial removal of the structure or total
removal of the structure.
Staff feels the most important task at hand is educating the public on the
importance of contacting the City before beginning any home improvement
project. The City has been making an effort to "get the word out" regarding
zoning compliance reviews. A zoning compliance review handout has been
created. An informational article on zoning compliance reviews has been printed
in the winter issue of the Chanhassen Connection. Also, the idea of creating a
zoning compliance review link on the City of Chanhassen website is currently
being discussed.
Residents often contact the city and ask if a permit is required for a specific
improvement. When they hear that one is not required, then they don't come in to
the city to have their proposal checked as required by the Zoning Compliance
Review requirement. Staff is recommending changing the title from Zoning
Compliance Review to Zoning Permit. We feel the term "permit" is more
universally known and carries more weight with local residents and contractors.
If the title is changed to Zoning Permit then we can state that everything from
sidewalks and driveways to retaining walls and patios require a permit.
Recommendations: Amend section 20-91 to change the title to "Zoning Permit"
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.
Planning Commission
City Code Amendment, Chapter 20-Zoning
December 6, 2005
Page 2
Issue
: Incorrect ordinary high water elevation.
Recommendation: Amend Section 20-479 (c) (1) change the OHW for Lake Harrison to 993.6.
th
Issue
: Ordinance Section 20-517 (c) (4) requires a 4/5 vote for concept plan approval, yet
concept approval does not provide standing.
Recommendations: Amend section 20-517 (c) (4) to require a simple majority vote for concept
plan approval except in cases requiring comprehensive plan amendments which shall require a
th
4/5 vote.
Issue:
We have encountered some narrow lots that may not be able to accommodate a house
with a three-car garage. The City Code defines Lot Frontage as the lot width measured at the
front lot line. In a Residential Single Family District, the minimum lot frontage required by
ordinance is 90 feet, except lots fronting on a cul-de-sac "bubble" or along the outside curve of
curvilinear street sections shall be 90 feet in width at the building setback line.
Recommendation: Staff is proposing that we delete the exception along the outside curve of
curvilinear streets. Alternatively, staff looked at specifying that the curvilinear streets have a
maximum radius of 350 feet to qualify for measuring the frontage at the front setback. However,
that option appears overly complicated. Amend section 20-615 (2) to delete the exception along
the outside curve of curvilinear streets.
Issue
: Staff is concerned that setbacks from gas pipelines be adequate to provide protection for
buildings in the case of emergencies.
Recommendation: Staff is recommending adding section 20-908 (7) so that no buildings are
located within a gas pipeline easement, nor within 20 feet of any gas pipeline easement.
Staff looked at a model ordinance prepared by the Municipal Research & Services Center of
Washington, which recommended a 50-foot easement setback. This required 50-foot setback
would make all the homes that I investigated adjacent to the Williams pipeline easements on
Summerfield Drive, Valley Ridge Place and Valley Ridge Trail non-conforming (setbacks from
the easement ranged from 12 feet to 46 feet). Alternately, we discussed requiring a 50-foot
setback from the pipeline itself. However, there was insufficient information to determine if this
could be accomplished without creating nonconforming structures. Additionally, we were
concerned that the pipeline companies could come in later, add a pipeline within their easement
and potentially create additional non-conformities. Finally, staff is proposing a compromise that
would require a 20-foot setback from the easement. This 20-foot setback permits excavation for
the pipeline even if the pipeline is located at the edge of the easement. Of the properties
investigated, two would become nonconforming. This proposal is also consistent with the
Williams pipeline easement document requirement that is in place on the Schutrop Builders
(formerly Klein) property for the Bluff Creek Twinhomes.
Issue
: Driveways. Clarify language. Current code: “Driveways shall be setback at least five
feet from the side property lines, beginning at 20 feet from the front yard setback unless an
Planning Commission
City Code Amendment, Chapter 20-Zoning
December 6, 2005
Page 3
encroachment agreement is received from the city”. This language is ambiguous. Staff supports
the separation of driveways to permit snow storage.
Recommendation. Proposed language: Driveways shall be setback at least 10 feet from the side
property lines. Beginning 20 feet from the front property line, driveways may be setback a
minimum of five feet from the side property line. Encroachment into a side yard drainage and
utility easement must be reviewed and approved by the city and may require approval of an
encroachment agreement.
Issue
: Signage is problematic for tenants within a multi-tenant building which do not have unit
frontage on public streets.
Recommendation: Staff is proposing the sign ordinance be amended as follows:
(2) Wall business signs. One wall business sign shall be permitted on the street frontage for
each business occupant within a building. In multi-tenant buildings where individual entrances
do not front on a public street, a wall sign may be permitted on the entrance facade if the
consistent with the approved comprehensive sign plan.
following apply:
a. The entrance is an individual unit entrance and not a common hallway,
b. The entrance is not an emergency exit or "exit only" for the unit.
The sign may contain the name and logo of the business only and shall have a sign display area
that is in compliance with the district standards. Wall business signs shall not be mounted upon
the wall of any building which faces any adjoining residential district without an intervening
public street. The total of all wall-mounted sign display areas for each business shall not exceed
the square footage established in the following table:
Maximum Percentage Wall Area Total Square Footage
of Wall Area in Square Feet of Signs
15% 0--600 90
13% 601--1,200 156
11% 1,201--1,800 198
9% 1,801--2,400 216
7% 2,401--3,200 224
5% 3,201--4,500 230
3% 4,500+ 240
Planning Commission
City Code Amendment, Chapter 20-Zoning
December 6, 2005
Page 4
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion:
“The Chanhassen Planning Commission recommends approval of the attached ordinance
amending Chapter 20, Zoning, of the Chanhassen City Code.”
ATTACHMENTS
1.Ordinance Amending Chapter 20, Zoning, of the Chanhassen City Code
g:\plan\bg\city code\pc memo 2005 zoning.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. _____
AN ORDINANCE AMENDING CHAPTER 20, ZONING
CHANHASSEN CITY CODE
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Section 20-91 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Zoning Permit
(a) Zoning permit shall be required for the construction of structures which do not
require building permits to determine compliance with zoning requirements such as
setback, site coverage, structure height, etc.:
?
Agricultural buildings.
?
Decks less than 30 inches above the ground and not attached to the principal structure.
?
Permanent fences less than six feet in height.
?
One-story detached accessory structures, used as tool or storage sheds, playhouses, and
similar uses, less than 120 square feet in building area.
?
Sport courts.
(b) Any zoning permit application that fails to meet zoning ordinance requirements shall
be denied by the community development director.
Section 2. Section 20-479 (c) (1) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to change the OHW for Lake Harrison to read as follows:
Harrison 10-8W 993.6
Section 3. Section 20-517 (c) (4) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Following the receipt of the report and recommendations from the planning commission,
the city council shall consider the proposal. If the planning commission fails to make a
report within 60 days after receipt of the application, then the city council may proceed
without the report. The council may approve the concept plan and attach such conditions
as it deems reasonable. Approval shall require a simple majority vote of city council,
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except for proposals requiring comprehensive plan changes which shall require a four-
fifths vote of the entire city council.
Section 4. Section 20-615 (2) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
The minimum lot frontage is 90 feet, except that lots fronting on a cul-de-sac “bubble”
shall be 90 feet in width at the building setback line.
Section 5. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding
a section to be numbered 20-908 (7), which shall read as follows:
Buildings shall not encroach in to any gas transmission pipeline easement. Additionally,
all buildings shall maintain a minimum 20 foot setback from the gas transmission
pipeline easement.
Section 6. Section 20-1122 (a) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Driveways shall be setback at least 10 feet from the side property lines. Beginning 20
feet from the front property line, driveways may be setback a minimum of five feet from
the side property line. Encroachment in to a side yard drainage and utility easement must
be reviewed and approved by the city and may require an encroachment agreement.
Section 7. Section 20-1302 (2) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
(2) Wall business signs. One wall business sign shall be permitted on the street
frontage for each business occupant within a building. In multi-tenant buildings where
individual entrances do not front on a public street, a wall sign may be permitted on the
entrance façade consistent with the approved comprehensive sign plan.
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The sign may contain the name and logo of the business only and shall have a sign
display area that is in compliance with the district standards. Wall business signs shall not
be mounted upon the wall of any building which faces any adjoining residential district
without an intervening public street. The total of all wall mounted sign display areas for
each business shall not exceed the square footage established in the following table:
Maximum Percentage Wall Area Total Square Footage
of Wall Area in Square Feet of Signs
15% 0--600 90
13% 601--1,200 156
11% 1,201--1,800 198
9% 1,801--2,400 216
7% 2,401--3,200 224
5% 3,201--4,500 230
3% 4,500+ 240
Section 8. Section 20-1303 (3) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
(3) Wall business signs. One wall business sign shall be permitted on the street
frontage for each business occupant within a building. In multi-tenant buildings where
individual entrances do not front on a public street, a wall sign may be permitted on the
entrance façade consistent with the approved comprehensive sign plan.
The sign may contain the name and logo of the business only and shall have a sign
display area that is in compliance with the district standards. Wall business signs shall not
be mounted upon the wall of any building which faces any adjoining residential district
without an intervening public street. The total of all wall mounted sign display areas for
each business shall not exceed the square footage established in the following table:
Maximum Percentage Wall Area Total Square Footage
of Wall Area in Square Feet of Signs
15% 0--600 90
13% 601--1,200 156
11% 1,201--1,800 198
9% 1,801--2,400 216
7% 2,401--3,200 224
5% 3,201--4,500 230
3% 4,500+ 240
Section 9. Section 20-1304 (3) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
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(2) Wall business signs. One wall business sign shall be permitted on the street
frontage for each business occupant within a building. In multi-tenant buildings where
individual entrances do not front on a public street, a wall sign may be permitted on the
entrance façade consistent with the approved comprehensive sign plan.
The sign may contain the name and logo of the business only and shall have a sign
display area that is in compliance with the district standards. Wall business signs shall not
be mounted upon the wall of any building which faces any adjoining residential district
without an intervening public street. The total of all wall mounted sign display areas for
each business shall not exceed the square footage established in the following table:
Maximum Percentage Wall Area Total Square Footage
of Wall Area in Square Feet of Signs
15% 0--600 90
13% 601--1,200 156
11% 1,201--1,800 198
9% 1,801--2,400 216
7% 2,401--3,200 224
5% 3,201--4,500 230
3% 4,500+ 240
Section 10. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this _______ day of _______________, 2006, by the
City Council of the City of Chanhassen, Minnesota
______________________________ ________________________________
Todd Gerhardt, City Manager Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on ______________________________)
g:\plan\bg\city code\amendment ordinance 2005 zoning.doc
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