Findings of Fact and Decision - SignedCITY OF CHANHASSEN
CARVER AND HENNEPIN COTJNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application for Alex T. Mckinley for a variance to construct a six-foot fence in his front yard at
931 Lake Susan Hills Drive.
On June 15,2021 , the Chanhassen Planning Commission, acting as the Board of Appeals and
Adjustments, met at its regularly scheduled meeting to consider the application. The Planning
Commission conducted a public hearing on the proposed variance preceded by published and
mailed notice. The Board of Appeals and Adjustments makes the following:
FIND INGS OF FACT
L The property is cunently zoned as Planned unit Development-Residential District
(PUD-R).
2. The property is guided in the chanhassen comprehensive Plan for Residential Low
Density use.
3. The legal description of the property: Lot 2, Block 5, Lake Susan Hills West fth
Addition.
4. Variance Findines - Section 20-58 ofthe Ci ty Code provides the following criteria for the
granting of a variance:
a. Variances shall only be permitted when they are in harmony with the general
purposes and intent of this chapter and when the variances are consistent with the
Comprehensive Plan.
Finding: City Code permits privacy fencing in the side and rear property. The
applicant wishes to construct a six-foot tall privacy fence that would encompass
the back side ofhis property. The applicant's house is located on a comer lot with
the front door facing Lake Susan Hills Drive. However instead offacing the front
side ofthe house, the applicant's garage is positioned sideways from the house
facing West Lake Drive. Under City Code, the front of a house located on a
comer or double fronted lot is determined by where the garage is facing. Because
of the garage's sideways positioning. what would normally be considered the
backyard olthe property is now considered part ofthe front yard by City Code'
prohibiting the construction of a privacy fence.
I
When there are practical difficulties in complying with the zoning ordinance.
"Practical diffrculties" as used in connection with the granting ofa variance,
means that the property owner proposes to use the property in a reasonable
manner not permitted by this Chapter. Practical difficulties include, but are not
limited to, inadequate access to direct sunlight for solar energy systems.
Finding: The applicant's proposal to construct a six-foot fence on the back area
ofhis property is reasonable given that under normal circumstances the section of
property that the fence will surround what would be his backyard ifthe garage
was facing the same direction as the house.
That the purpose of the variation is not based upon economic considerations
alone.
Finding: The variance request is not solely based upon economic considerations,
but to permit the homeowner to enjoy a screened rear yard.
The plight ofthe landowner is due to circumstances unique to the property not
created by the landowner.
Finding: The plight of the landowner is due to pre-existing conditions on the
property, specifically the awkwardly placed garage. All of these conditions were
present on the property, prior to the applicant purchasing the property.
The variance, if granted, will not alter the essential character ofthe locality.
Finding: The applicant's proposal would result in the construction ofa six-foot,
privacy fence that surrounds the back area of the property. Additionally, a home
right across the street has a six-foot privacy fence that surrounds the back section
of its property.
Variances shall be granted for earth sheltered construction as defined in
Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this
Chapter.
Finding: This condition does not apply
5. The planning report #2021-ll, dated June 15,2021, prepared by Robert Generous, et al, is
i ncorporated herein.
DECISION
The Board of Appeals and Adjustrnents approves the variance to permit a six-foot privacy fence
in the front setback subject to the following conditions:
a. A zoning permit must be obtained before beginning any construction.
b
c
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e
f.
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b. The applicant shall relocate the six-foot privacy fence outside of the sight triangle of
the driveway as well as the sight triangle for the property at 8440 West Lake Drive.
c. The applicant shall apply for and receive an Encroachment Agreement to place the
fence within the drainage and utility easement.
ADOPTED by the Chanhassen Board ofAppeals and Adjustments this l5th day ofJune,
?021.
BY:
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CITY OF CHANHASS
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