Cantilevers are not explicitly addressed in the City Code which has caused some issues when contractors have attempted to use cantilevers to encroach into required setbacks.
The City code allows various elements of buildings to encroach specified distances into required yard setbacks; however, cantilevers are not explicitly included in the list of permitted encroachments. Staff has always ruled that they fall under the category of “other architectural features” and that the two-foot, six-inch encroachments allowed under this section are not cumulative (i.e. a property with a two-foot, six-inch cantilever within a required yard setback is not also entitled to an additional two-foot, six-inch eave). It would be beneficial to codify this policy in the Code, as there have been instances where contractors operating under the assumption that cantilevers are exempt from required yard setbacks have submitted designs that exceed the permitted encroachments.
This section of the Code also notes that other canopies may be permitted by a conditional use permit (CUP). Staff is also proposing removing that sentence. Since canopies are addressed in the first sentence, it is not clear what these other canopies would be and, in any event, the appropriate mechanism for requesting a deviation from required setbacks would be a variance not a conditional use permit.
The following sections of the Chanhassen City Code are subject to changes:
Section 20-908(e) lists the architectural elements that may project into required yard setbacks.