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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 d e f. a 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: g:VlanUo2l planning casds\21-t I 931 lslie susan hills dtive fenc! vr^findings of facl.docx CITY OF CHANHASS Ste.,en w"ick. Chaimm Maer "o)ererl , v. cE C-tl* *QtlJ J