PC Staff Report 06-15-21PLANNING COMMISSION STAFF
REPORT
Tuesday, June 15, 2021
Subject Consider a Request for a Fence Variance on Property Located at 931 Lake Susan Hills Drive
Section PUBLIC HEARINGS Item No: B.2.
Prepared By Bob Generous, Senior Planner File No:
PROPOSED MOTION:
The Chanhassen Planning Commission, acting as the Chanhassen Board of Appeals and Adjustments, approves a
variance to permit the applicant to construct a sixfoot fence along West Lake Drive in the front yard of 931 Lake
Susan Hills Drive subject to the Conditions of Approval;
and
Adopts the Findings of Fact and Decision.
SUMMARY OF REQUEST
The applicant has requested a variance to construct a sixfoot privacy fence in their front yard, which is their backyard.
APPLICANT
Alec McKinley, 931 Lake Susan Hills Drive, Chanhassen, MN 55317
SITE INFORMATION
PRESENT ZONING: Planned Unit DevelopmentResidential District (PUDR)
LAND USE:Residential Low Density
ACREAGE: 0.34 acres
APPLICATION REGULATIONS
Chapter 20, Article II, Division 3, Variances
Chapter 20, Article XXIII, Division 5. Walls and Fences
BACKGROUND
Lake Susan Hills West 9 th Addition was approved on June 14, 1993, creating 92 singlefamily lots. The PUD required
that a sidewalk be located on one side of all through, local streets, but not on culdesacs, and trail connections to Prairie
PLANNING COMMISSION STAFFREPORTTuesday, June 15, 2021SubjectConsider a Request for a Fence Variance on Property Located at 931 Lake Susan Hills DriveSectionPUBLIC HEARINGS Item No: B.2.Prepared By Bob Generous, Senior Planner File No: PROPOSED MOTION:The Chanhassen Planning Commission, acting as the Chanhassen Board of Appeals and Adjustments, approves avariance to permit the applicant to construct a sixfoot fence along West Lake Drive in the front yard of 931 LakeSusan Hills Drive subject to the Conditions of Approval;andAdopts the Findings of Fact and Decision.SUMMARY OF REQUESTThe applicant has requested a variance to construct a sixfoot privacy fence in their front yard, which is their backyard.APPLICANTAlec McKinley, 931 Lake Susan Hills Drive, Chanhassen, MN 55317SITE INFORMATIONPRESENT ZONING: Planned Unit DevelopmentResidential District (PUDR)LAND USE:Residential Low DensityACREAGE: 0.34 acres APPLICATION REGULATIONSChapter 20, Article II, Division 3, VariancesChapter 20, Article XXIII, Division 5. Walls and FencesBACKGROUND
Lake Susan Hills West 9 th Addition was approved on June 14, 1993, creating 92 singlefamily lots. The PUD required
that a sidewalk be located on one side of all through, local streets, but not on culdesacs, and trail connections to Prairie
Knoll Park and Lake Ann Park Preserve be provided.
The home was constructed in 1993 and was purchased by the current owner in 2012.
The applicant submitted a fence permit application on April 20, 2021. As part of the permit review, staff notified the
applicant that a variance would be required to construct the fence as proposed.
RECOMMENDATION
Staff recommends the Planning Commission, acting as the Board of Appeals and Adjustments, approve a sixfoot front
yard fence variance subject to the following Conditions of Approval, and adopt the attached Findings of Facts and
Decision.
1. A zoning permit must be obtained before beginning any construction.
2. The applicant shall relocate the sixfoot privacy fence outside of the sight triangle of the driveway as well as the
site triangle for the property at 8440 West Lake Drive.
3. The applicant shall apply for and receive an Encroachment Agreement to place the fence within the drainage and
utility easement.
ATTACHMENTS:
Staff Report
Findings of Fact and Decision
Development Review Application
Narrative
Plan and Survey
Email DiMarco
Affidavit of Mailing
Lynn Petersen Email 06082021
Grace Skogen Email 06092021
Terry McGinley Email 06092021
Jaci Parsons Email
Alissa Gullo Email
Grady Email
CITY OF CHANHASSEN
PC DATE: June 15, 2021
CC DATE: July 12, 2021 (if necessary)
REVIEW DEADLINE: July 13, 2021
CASE #: PC 2021-11
BY: RG, EH, JS
SUMMARY OF REQUEST:
The applicant has requested a variance to construct a six-foot privacy fence in their front yard.
The applicant’s driveway faces West Lake Drive while the front of the home faces Lake Susan
Hills Drive. Even though the area in which the applicant wants to construct a fence is located
behind the home, the sideways facing driveway dictates that under City Code, this section of
property be labeled as front yard.
LOCATION: 931 Lake Susan Hills Drive
APPLICANT: Alec Mckinley
931 Lake Susan Hills Drive
Chanhassen MN 55317
PRESENT ZONING: Planned Unit Development-Residential District (PUD-R)
2040 LAND USE PLAN: Residential Low Density
ACREAGE: .34 acres DENSITY: NA
PROPOSED MOTION:
“The Chanhassen Board of Appeals and Adjustments approves a variance to permit the applicant
to construct a six-foot fence along West Lake Drive in the front yard of 931 Lake Susan Hills
Drive;
And adopts the Findings of Fact and Decision.”
931 Lake Susan Hills Drive
June 15, 2021
Page 2
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The city’s discretion in approving or denying a variance is limited to whether or not the proposed
project meets the standards in the Zoning Ordinance for a variance. The city has a relatively
high level of discretion with a variance because the applicant is seeking a deviation from
established standards. This is a quasi-judicial decision.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSAL/SUMMARY
The applicant is requesting a variance to construct a six-foot privacy fence in their front yard.
The property is uniquely developed with the driveway facing West Lake Drive and the front of
the home facing Lake Susan Hills Drive. Even though the area in which the applicant wants to
construct a fence is located behind the home, City Code dictates that this section of property be
labeled as front yard for fence purposes. The applicant has stated that his true backyard is along
West Lake Drive, but because the garage is not facing Lake Susan Hills Drive, city ordinance
prohibits him from installing a six-foot tall privacy fence.
APPLICABLE REGULATIONS
Chapter 20, Article XXIII, Division 5. Walls and Fences
Any fence over six and one-half feet must receive a conditional use permit. The fence height is
measured from grade to the highest point on the fence. All other residential fences shall meet the
following standards:
931 Lake Susan Hills Drive
June 15, 2021
Page 3
(1) Side yards and rear yards. In any side or rear yard on lots, the height of fences shall not
exceed six and one-half feet.
(2) Front yards. Fences in the required front yard setback area that are opaque shall not
exceed three feet in height. Chain link fences in this area shall not exceed four feet in
height. All other open fences in this area shall not exceed six and one-half feet in height.
(3) Corner or double fronted lots. In addition to the other provisions contained in this section,
fences located on corner or double fronted lots shall be subject to the following
provisions:
a. Any fence within the required front yard setback area shall not exceed three feet in
height if opaque construction, or four feet in height if open construction.
b. The maximum height of a fence shall conform to the requirements of fences in front
yards within the corner site triangle. Two sides of corner site triangle commence at
the corner of the lot located at the intersection of the two streets and run a distance of
30 feet back along the lot lines abutting the streets. The third side of the triangle is a
straight line joining the end points of the adjacent sides.
c. The front shall be determined by the location of the garage.
BACKGROUND
Lake Susan Hills West 9th Addition was approved on June 14, 1993, creating 92 single-family lots.
The PUD required that a sidewalk be located on one side of all through local streets, but not on cul-
de-sacs, and trail connections to Prairie Knoll Park and Lake Ann Park Preserve be provided.
The home was constructed in 1993 and was purchased by the current owner in 2012.
The applicant submitted a fence permit application on April 20, 2021. As part of the permit review,
staff notified the applicant that a variance would be required to construct the fence as proposed.
SITE CONSTRAINTS
Zoning Overview
The property is a corner lot zoned PUD-R District and is located within the Lake Susan Hills
PUD District. Single-family homes must comply with the Single-Family Residential (RSF)
District requirements. The zoning classification requires lots to be a minimum of 15,000 square
feet, have a front yard setback of 30 feet, a rear yard setback of 30 feet, a side yard setback of 10
feet, and limits parcels to a 30 percent lot coverage. Since this is a corner lot, the property has
two front yard setbacks and two side yard setbacks, but no rear yard setback. Residential
structures are limited to 35 feet in height.
931 Lake Susan Hills Drive
June 15, 2021
Page 4
The lot has a total acreage of .34 acres and the house has a square footage 2,240 feet, with the
front door facing Lake Susan Hills Drive and its driveway facing sideways from the house
towards West Lake Drive. The property also has a 10-foot drainage and utility easement along
the street frontages.
Bluff Creek Corridor
This is not encumbered by the Bluff Creek Overlay District.
Bluff Protection
There are no bluffs on the property.
Floodplain Overlay
This property is not within a floodplain.
Shoreland Management
The property is not located within a Shoreland Protection District.
Wetland Protection
There is not a wetland located in the development site.
NEIGHBORHOOD
Lake Susan Hills
The PUD agreement for Lake Susan Hills was passed on November
19, 1987, establishing the requirements for current and future
neighborhood development. It was amended on March 13, 2000, to
adjust the maximum percentage of allowable impervious surfaces on
its outlots.
The Lake Susan Hills development consists of single-family detached
homes, twinhomes, townhouses and multi-family apartment buildings.
Variances Within 500 Feet:
There are no known variances within 500 feet of the property.
ANALYSIS
Garage Positioning
931 Lake Susan Hills Drive
June 15, 2021
Page 5
The city’s wall and fences article requires that any fences on corner or double fronted lots within
the required front yard setback area shall not exceed three feet in height if opaque, that the
maximum height of a fence shall conform to the requirements of fences in front yards within the
corner site triangle and that the front shall be determined by the location of the garage. For 95
percent of the homes, this regulation correctly allows for a privacy fence in the rear yard of the
lot. This parcel is one of the exceptions.
The applicant believes that these requirements should not apply to his proposed project to build a
six-foot tall fence on what the City Code defines to be his front yard. City Code states that the
front yard of an occupant’s home on a corner or double fronted lot is determined by the
positioning of the garage. In this case, the front door, windows and walkway face Lake Susan
Hills Drive. Under normal circumstances, the lot section facing Lake Susan Hills Drive would
be considered the front of the property since the front door of the house is oriented in this
direction. However, the garage and driveway of the applicant’s house are positioned sideways
and face West Lake Drive. As a result, the yard located behind the applicant’s house that would
normally be considered a backyard and used as a rear yard is counted as being part of the front
yard due to the positioning of the applicant’s garage. The applicant stated that he does not have
the desire nor the finances to reposition his home or garage. He also stated that the proposed
fence would not alter the essential character of the locality due to there being fences in the
neighborhood including the neighboring lot, 8541 West Lake Drive, which has a fence that
almost encroaches on the front of the property.
The applicant states that there are multiple fences in his neighborhood. The applicant wants to
construct 72 inches in height in total along what he believes is his backyard, not front yard of his
property line. The applicant states that he does not intend nor has the ability to reposition his
house or driveway to face Lake Susan Hills Drive. The applicant’s intention for the fence is for
privacy and security of his own backyard property, that the fence is not intended for any
economic gains, and that the intention of a privacy fence is not to alter the essential character of
the locality. The applicant states that he intends to use his property in a reasonable manner within
the city ordinances and in harmony with the city and its surrounding neighborhood.
City Code requires fences in front yards be only three feet high if opaque or four feet if chain
link. For properties on corner or double fronted lots, the front yard is determined by the location
of the garage. In this case, the front of the applicant’s home faces Lake Susan Hills Drive while
the garage is positioned sideways and faces West Lake Drive. Given the unique nature of the
property, staff concurs that the rear yard is located to the west of the house and recommends the
request to construct a six-foot fence in the proposed location.
The city has received a comment concerned that having a privacy fence along West Lake Drive
close to the sidewalk (approximately six feet) will create a hazard for children walking on the
sidewalk who would not be able to see the tail lights of vehicles backing onto West Lake Drive
from 931 Lake Susan Hills Drive. The six-foot tall privacy fence, as proposed, has the potential
for creating a safety issue in relation to users who utilize the abutting sidewalk, in particular
bicyclists, and adequate stopping sight distances from vehicles exiting the property. In order to
increase user safety, staff recommends offsetting the northeast corner of the fence 30 feet to the
west of the driveway at the property line while maintaining an unobstructed clear zone, as
931 Lake Susan Hills Drive
June 15, 2021
Page 6
depicted below. This would also be consistent with the definition of a site triangle from city
ordinance. In order to address this concern, staff recommends that the privacy fence be located
outside of the sight distance triangle of the driveway. Additionally, the same requirement will be
made at the northwest corner of the site for the driveway at 8440 West Lake Drive. Fencing
inside the sight triangle would need to comply with the front yard fencing standards.
Drainage and Utility Easement
The property has a drainage and utility easement and the applicant will be required to obtain an
Encroachment Agreement if the fence is approved.
Impact on Neighborhood
The applicant’s proposal to construct a fence on what is designated as his front yard is not
expected to negatively impact any of the surrounding properties or environmental features.
Despite the positioning of the applicant’s driveway, the section of the lot behind the house under
normal circumstances would be considered the backyard. If a six-foot fence were to be
constructed, it would have no effects on the corner site triangle of West Lake Drive and Lake
Susan Hills Drive and would aesthetically blend in with the neighborhood.
RECOMMENDATION
Staff recommends the Planning Commission, acting as the Board of Appeals and Adjustments,
approve a six-foot front yard fence variance subject to the Conditions of Approval, and adopt the
attached Findings of Facts and Decision.
1. A zoning permit must be obtained before beginning any construction.
931 Lake Susan Hills Drive
June 15, 2021
Page 7
2. The applicant shall relocate the six-foot privacy fence outside of the sight triangle of the
driveway as well as the site triangle for the property at 8440 West Lake Drive.
3. The applicant shall apply for and receive an Encroachment Agreement to place the fence
within the drainage and utility easement.
ATTACHMENTS
1. Findings of Fact and Decision
2. Development Review Application
3. Variance Narrative
4. Proposed Plan and Survey
5. Email from Laura DiMarco
6. Affidavit of Mailing of Public Hearing Notice
g:\plan\2021 planning cases\21-11 931 lake susan hills drive fence var\staff report_931 lake susan hills drive fence_var.docx
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, 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:
FINDINGS OF FACT
1. The property is currently 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 9th
Addition.
4. Variance Findings - Section 20-58 of the City 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 of his property. The applicant’s house is located on a corner lot with
the front door facing Lake Susan Hills Drive. However instead of facing the front
side of the 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
corner 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 of the property is now considered part of the front yard by City Code,
prohibiting the construction of a privacy fence.
2
b. When there are practical difficulties in complying with the zoning ordinance.
"Practical difficulties" as used in connection with the granting of a 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
of his property is reasonable given that under normal circumstances the section of
property that the fence will surround what would be his backyard if the garage
was facing the same direction as the house.
c. 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.
d. The plight of the 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.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The applicant’s proposal would result in the construction of a 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.
f. 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 #2021-11, dated June 15, 2021, prepared by Robert Generous, et al, is
incorporated herein.
DECISION
The Board of Appeals and Adjustments 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.
3
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 of Appeals and Adjustments this 15th day of June,
2021.
CITY OF CHANHASSEN
BY:
Steven Weick, Chairman
g:\plan\2021 planning cases\21-11 931 lake susan hills drive fence var\findings of fact.docx
COTTUN]TY DEVELOPHENT DEPARTTIENT
Planning Division - 7700 Market Boulevard
Mailing Address - P.O. Box 147, chanhassen, MN 55317
Phone: (952) 227 -1 1 00 / Fax: (952t 227 -1 1 10
Submittal Date t/-7 ,/aaa-/ rcour.,U/t< I 5t
CITYOTCIINIIASSI}I
APPLICATION FOR DEVELOPMENT REVIEW
CC Date:"lrlllt 6&Day Revi€ { Date:1 r3 J
Section 'l: Application Type (check all that apply)
(Reler lo tl,e apprqtialo ApplicEltin C;Mdisl br tqui,ed submittal inbmatin frpt must @tvany tis applbatkn)
trtr
tr
!
Comprehensive Plan Arnendment...........-..-.......... $600
E Minor MUSA line for tailing on-site sewers..... $100
Conditional Use Permit (CUP)
E Single-Family Residence........................-....... $325
! Att otrers...... ..-................... $425
lnErim Use Permit (lUP)
E In conjunction with Sangle.Family Residence.. $325
fl A[ofiers...... .............,........$425
$100
E gscrur Or RecorOing Documents (check all that
E condfionat Use Permit
E vacationE uetes a eounds SubdMsbn (3 docs-)
trfl
Subdivision (SUB)
E Create 3loB or less .............
Ei Cr..te oret a f.t"......... ...........(_ lots)
E Metes & Bounds (2 lots) ..........
E Consolidate 1ots.......................
E Lot Line Adjusfnent..................
E Final Plat.
..........'.." "" $300
.$600 + $15 per lot
......................$300
...............-......$1s0
.........'.........-.. $1 50
""""""""""""" $700
(lncludes $450 escrow br attomey costs)'
'Additional e€ctow nray be requiEd for other applicatbns
through the developrnert cootract
! Rezoning (REZ)- E ptan-ndd Unit Devetopment (PUD) .................. $750 E Vacation of Easements/Right-of-way (VAC)........ $300
I Uinor Amendment b existing PUD......-.......... $1OO (Additional tecoding Ees mav apPlv)
El Variance (VAR).................................................... $200
n Wefland Alteraton Permit (WAP)
E site Ptan Revie{, (sPR)
E nominist'ative
E commerciaulndustial Distsicts*...................... $500
Plus 310 per 1,000 square fieet of building area:( thousand square Eet)
1ndde nunber of elq[hg emplops:
'lndde nunber of 4gg employeE:
E Resirtential DisricE......................................... $500
Plus $5 per dwelling unit ( units)
Notihcation SOn (c y to insiar and r€rnore) ......-...................
I Zoning Appea|..................... $100
El Property Owners' List within 500' (city to gerrcrate aftet prc-appli(rion rEeting) . . . . ............. $3 Per address
( 57 addresses)
....... $50 Per document
n Site Plan Agreernent
E Zoning ordinance Amendment (ZOA)................. $500
llglE: wlr.n muI+l!.pDliodolE rt p.oo6s.d conqfllnty,
lh. .pFop.i.b b. shll b. ch-fpd tor ..ch rDPli!.lion,
/-r--
../$2oo )L--
aPPlv)..................E tnterim Use Permit
Variance
Easements L- esements)
I wbtland! oeeos
TOTAL FEE
Section 2: Required lnformation
Description of Proposal: S€€ ana€fted nanative- Requesting privary lence for badryard. According to ordinance this is
considered my sile /front yard due to where my driveway is located to my property.
Property Address or Location:43/ 1a2o S/.1izn 4r
Parcel *. q3/Legal Description 3'n Q^,,z/rnltrl ouJe
Total Acreage & "34 weiands Present? D Yes
//-c )n;.e cl,alastrtt fiil f53l7
6*o
SingleFamily Residential Distric,t (RSF)
Present Land Use Designation Select One Select One
/r +UIIY OF CHANHASSEN
CHANHASSEN PLAiINING DEPT
present zoning: Single'Family Resiledial Disticl (RSD Requested zoning:
Requested Land Use Designation:
Existing Use of Property:
MAY 14 2021
Echeck box if separate nanative is athhed-
Section 3: Property Owner and Applicant lnformation
Cell:
Fax:
/Cell:
Signature:Date:
Name Alec McKinley Contact:1l Y,n
Address:931 lake Susan Hills Drive Phone:6 /a -&B
Alec.T,
o- t2//
City/Statezip
Email:Chanhassen MN 55317 Fax
Signature:Date:5/ ///aoa-t
Contact:
Phone:
Cell:
Fax:
This application must be completed in full and musl be accompanied by all inbrmation and plans required by
apptir=bte City Ordinance provisions. Bebre filing this applicaton, rebr to the appropriate Application Checklist
and conEr with the Planning Departrnent to determine the specific ordinance and applicable procedural
rcquirernents and Ees.
A determination of completeness of the application shall be made within 15 business days of application submittal. A
written notice of application deficiencies shall be mailed to the applicant within 15 business days of appli€Uon.
Who should r.csivo copi6 of stal? roports?
E Property Owner Via: El ! uaieo Paper copy
E ttaiteo Paper copy
! Mailed Paper copy
E ualbo Paper copy
Email
Email
Email
Email
trtr
Via:
Via:
Via:
trtrApplicant
Engineer
Other'!u
|I{STRUCnONS TO APPLICANT: Complete all necessary form fields, then selec{ SAVE FoRM to save a copy to your
ffitocityalongwithrequireddooJmentsandpayrnent.SUBMlTFoRMbsendadi9ital
copy to the city for processing.
SAVE FORII PRINT FORTI SUB ]T FORiI
APPLICANT OTHER THAI{ PROPERW OWI{ER: ln signing this application, l, as applicant, represent to have obtained
authorization from the pmperty oirner to fib this applietion. I agree to be bound by conditions of approval, subject only to
the right to object at the hearings on the applicatbn or during the appeal period. lf this application has not been soned by
the property owner, I have attac-hed separate documentation of full legal capacity to file the application. This application
should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this
application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I
further undeGtand that additional bes may be charged fior consulting Ees, fieasibility studies, etc. with an estimate prior to
any authorization to proceed with the study. I certify that the information and exhibits submitted are true and conect.
to* t-^*
-
Address: Phone
-
CitvrstateziD:
E^oil,
PROPERTY OWNER: ln signing this application, l, as property owner, have tull legal capacity to, and hereby do,
authorize the filing of lhis applioation. I understand that conditions of approval are binding and agree to be bound by those
conditions, sutject only to the right to object at the hearings or during the appeal perbds. I will keep mysef informed of
the deadlines br submissbn of material and the progress of this application. I furher understand that additional fees may
be charged br consulting fees, Gasibility studies, etc. with an estimate prior to any authorization to proceed with the
study. I certify thd the inbrmaton and exhibits submitted are true and conect
PROTEGT EIIGINEER (if applicable)
Narne:
Address:
City/Statezip:
Email:
Section 4: Notification lnformation
'Otlrer Cont ct !r om.tion:
Name:
Address:
City/Statezip:
Email:
AtEC MCKINTEY
931 loke Suson hills drive Chonhossen MN 5531 7
612-2e/j--1741
Moy 14,2021
Community Development Deportment
City of Chonhossen
c,iyofESlRHAssErr
MAY 14 ?O?I
c,rAI,tHASSEtJ PL4ulff{c otPI
Deor Plon n ing Divisio n -
Hello
Whythe request?
My property sits on the corner of two streets: W. lake Dr. and lake Susan Hills Drive. My
property is uniquely shaped with my driveway going into west lake drive but the front of my
house is on lake Susan hills drive. 'Ihis means my baclgrard technically goes along west lake
drive where my family and I would like to install a prirracy fence. The city ordinance states this
is technically my front yard. the fence would allow my family more privacy as currently
anyone walking down the sidewalk of west lake drive can have visibility into our house. In
addition this fence would also allow my young children to play in the baclyard with extra
security. We are not trying to break any city ordinances but instead ask for a variance given
our unique property design does not align perfectly to the city ordinances
Variance ryecific
. The fence would be 72 inches in height in total along wtrat we believe is our baclyard
not ftont yard of our property line.
. The intention of the fence is for privacy and security of my back5rard property.
. My true baclgard is along west lake drive but because my driveway is not facing lale
Susan hills drive the city ordinance is prohibiting me ftom installing a 6 ft prtuary
fence. The city ordinance does not fit ercactly to my unique property desigr and
therefore I would lil<e to rcquest a variance.
. I do not intend nor want to move my driveway to face lake Susan hills drive.
My Name is Alec Mcl(nley and I am the property owner of 931 lake Susan Hills Dr.,
Chanhassen. The purpose of this letter is to rcquest a variance which would allow me to
install a 6 foot privacy fence in my baclgard.
I am not able to practically reposition my house and property design to fit the current
ordinance.
'Ihe fence is not intended for any economic gains it is simply to provide my family more
prirracy.
The property is uniquely designed and this was not created by me the property
owner. I purchased the property in 2072 and it was built In 1993.
I intend to use my property in a reasonable manner within the city ordinances and with
harmony of the city and my neighborhood.
The intention of a privary fence is not to alter the essential character ofthe
locality. There are multiple fences in my neighborhood.
My unique prope(y design and alignment to this specific city ordnance is out of my control.
Please may I be granted the opportunity to discuss this unique scenario furtherand pursue a
variance?
Thanks your time and consideration.
Alec Mclftley
612-280-174L
2
The primary reason I believe my property should be considered a granted variance is our
family believes our "true" Baclryard of our property is along west lake drive even though my
driveway happens to be on the same strcel We don't consider it our front yard. We believe
our front yard is along lake Susan hills drive which is the front of our house. I cannot relocate
my driveway or reposition my house to meet exactly within the stated ordinance which would
allow a prirracy fence of 6 ft.
Wes
CERTIRCAIE OF SURVEY M32--1126-94for
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CHANHISSEN PIAI{NII,IG DEPT
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From:lauradimarco7@gmail.com
To:Generous, Bob
Subject:931 Lake Susan Hills Drive Request for Variance
Date:Wednesday, May 26, 2021 2:03:02 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Hello,
As a resident in the Lake Susan Hills neighborhood, I have some concerns about the the six foot privacy fence at
931 Lake Susan Hills Drive. Much of this properties yard is next to the neighborhood side walk. As they begin to
place stakes marking out where the fence will go, I am concerned by how close the fence will be placed next to the
side walk. I find that close proximity to the sidewalk creates a more obtrusive environment while walking on the
sidewalk. I think the fence being back further into the yard by a couple feet will help maintain a harmonious
environment of the city and keep the true welcoming character of our neighborhood.
Regards,
Ms. Laura DiMarco and Mrs. Margaret DiMarco
STATE OF MINNESOTA)
( ss.
COLINTYOFCARVER )
I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on
June 3,2021, the duly qualified and acting Deputy Clerk ofthe City of Chanhassen, Minnesota;
that on said date she caused to be mailed a copy ofthe attached notice ofa Public Hearing to
consider a request for a variance to permit a six-foot privacy fence in the front yard on
property located at 931 Lake Susan Hills Drive, zoned Planned Unit Development-
Residential @UD-R), Plannirg Case No. 2021-t l, to the persons named on attached Exhibit
"A", by enclosing a copy ofsaid notice in an envelope addressed to such owner, and depositing
the envelopes addressed to all such owners in the United States mail with postage fully prepaid
thereon; that the names and addresses ofsuch ovmers were those appearing as such by the
records of the County Treasurer, Carver County, Minnesota, and by other appropriate records.
Kim .M euwlssen,Depu Clerk
Subscribed and s m to before me
thiSrJ day o ,2021.
(Seal)
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JEAI{ M SIECKLII{G
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L-,A<../-fV Notary Public
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
This map is ne(her a l€gally rccoded map nor a survey and is nol intended to be used
a6 one. This map is a compilalron of recods, infomaton and data located in various city,
county, state and federal offices and other sources regading the area shoun, and is to
be used for refe€nce purposes only. The Cily does not v€rant that lhe GeogftPhic
lnfonrEton System (GlS) Oata used to prepare fts map are enor free, and the City does
not represenl that the Gls Datra can be used for navualional. tracking o. any other
purpose requidng e)6ctjng measurement of distance or direclion or pre'cjsion in the
depiclion of geographic features The preceding disdaimer is povided pursuanl to
Mannesota Statutes 5466.03, S!bd. 2l (2000), and the user ol this map acknouledges
that the City shall not be liable for any damages, and exp€ssly waives all daims, and
agrees to defend, indemnify, and hold harlnless the Crty lrom any and all daims brouoht
by User, i6 employees or agenls. or third parties which a se out of the use/s access or
use of data provided.
This map is neither a l€gally recorded map nor a gulvey and as not intended to be used
as one. This map is a compllation of records. infomatron and data located in various city.
county, state and federal ofices and other sour@s regardino the area shown, and is to
be us€d ior reference purposes onty. The City does not waranl that the Geographic
lnbrmation System (GlS) Data used to prepare this map a.e enor lree. and the City does
not represent that the Gls Data can be used for navagatonal. trac*ing or any other
purpos€ requiring exacling rEasurement of distance o( darection or pfecision in the
deficlion of geographac tealures. The preceding disdaimer is provided pursuant to
Minnesota StaMes 5466.03. Subd. 21 (2000), and the user of tiis map acknowledges
that tie crty shall not be liable for any dameges, and expressly waives all daims, and
agrces to deiend, indemnity. and hold harmless tie city f.om any and all claims broughl
by User, ib employees or agents, or thard panres which anse oul ol the useis access or
use of data provided.
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From:Generous, Bob
To:Meuwissen, Kim
Subject:FW: Opposition to variance at 931 Lake Susan Hills Drive
Date:Wednesday, June 9, 2021 11:17:20 AM
Kim,
Can we add this to the Lake Susan Hills Var. attachments? (6/15/21 PC)
Thanks,
Bob
From: Lynn Petersen <lmp985@gmail.com>
Sent: Tuesday, June 8, 2021 7:50 PM
To: Generous, Bob <bgenerous@ci.chanhassen.mn.us>
Subject: Opposition to variance at 931 Lake Susan Hills Drive
CAUTION: This email originated from outside of the organization. Do not click links or
open attachments unless you recognize the sender and know the content is safe.
This letter is in regards to the variance request at 931 Lake Susan Hills Drive. I am a neighbor at 8431
West Lake Drive, and I have a strong opposition to this request. I believe it will negatively impact public
safety.
I understand the property owners at 931 LSHD desire privacy on a corner lot, with a high traffic sidewalk
that faces their windows. I understand the property owners want to protect their own personal safety
with a back yard that faces a street. I contend both of those factors were known at the time of purchase
and are personal matters.
A fence along the property line will create safety risks for our children – my children and the children of
the neighborhood. The same reason that privacy is a concern – a high traffic sidewalk – is the exact
reason the variance should not be allowed. This stretch of sidewalk connects our Lake Susan Hills
community to two beloved city assets. The sidewalk on West Lake Drive connects the entire
neighborhood to Prairie Knoll Park (affectionately known as Rainbow Park from its old design). The
sidewalk on West Lake Drive also connects residents on West Lake Drive and Dove Court to the city trail
along Lake Susan.
A fence along this property line will create 4 safety threats.
1. Children are taught to treat driveways like streets, watching for taillights. A fence
will prevent children from seeing a car backing out.
2. The drivers themselves will not have a clear line of sight to watch for children on
the sidewalk. Even rear cameras will not be able to detect motion until it’s too late.
3&4: Multiply this by two with different directions of traffic west and east. East bound foot
traffic will be at risk at 931 LSHD. Westbound foot traffic will be at risk at the adjacent 8440
West Lake Drive.
I am not opposed to a fence that preserves sight lines for both the property at 931 Lake Susan Hills drive
and the adjacent property of 8440 West Lake Drive. A fence that prioritizes public safety over personal
lifestyle choices would divide the property into small sections, yet I believe that is the right choice for the
neighborhood interests. I believe that public safety, especially that of our children, should be a higher
priority than personal interest.
Thank you for your consideration.
Lynn Petersen
8431 West Lake Drive
Chanhassen, MN 55317
From:Generous, Bob
To:Meuwissen, Kim
Subject:FW: Variance Request 931 Lake Susan Hills Drive
Date:Wednesday, June 9, 2021 12:49:06 PM
Could we also add this to the packet?
Thanks,
Bob
From: grace skogen <grace.huso.skogen@gmail.com>
Sent: Wednesday, June 9, 2021 12:37 PM
To: Generous, Bob <bgenerous@ci.chanhassen.mn.us>
Subject: Variance Request 931 Lake Susan Hills Drive
CAUTION: This email originated from outside of the organization. Do not click links or
open attachments unless you recognize the sender and know the content is safe.
Hi Bob-
I live at 990 Lake Susan Hills Drive and I completely support the property owners putting up a
fence at 931 Lake Susan Hills Drive. I do not think this will cause any safety issues or risks in
our neighborhood.
I feel like if this is what the owners want for privacy and safety for their kids and family they
should be able to build a fence.
Thank you,
Grace Skogen
--
Grace Skogen
Ph: 612.807.2566
From:Generous, Bob
To:Meuwissen, Kim
Subject:FW: 931 Lake Susan Hills Drive Request for Variance
Date:Wednesday, June 9, 2021 1:34:38 PM
Another email for the packet.
Thanks
Bob
From: Terry McGinley <terrymskip@gmail.com>
Sent: Wednesday, June 9, 2021 1:31 PM
To: Generous, Bob <bgenerous@ci.chanhassen.mn.us>
Subject: 931 Lake Susan Hills Drive Request for Variance
CAUTION: This email originated from outside of the organization. Do not click links or
open attachments unless you recognize the sender and know the content is safe.
Hi Bob:
I live at 920 Lake Susan Hills Drive, very close to the site of the above request for variance. I
have read the project documentation and support the request for variance. I do not know the
McKinley's, but am very familiar with their property, as I walk by it almost every day. Their
property is unique and they have no privacy in their backyard. As Alec stated in his letter, the
intended purpose of the current ordinance does not really apply to their property, because of its
unique design and positioning along two streets. Their request makes perfect sense and I think
it should be granted.
Sincerely,
Terry McGinley
From:Steckling, Jean
To:Steckling, Jean
Subject:FW: Variance Request at 931 Lake Susan Hills Drive
Date:Monday, June 14, 2021 1:42:28 PM
From: Jacqueline Parsons <pars0105@umn.edu>
Sent: Monday, June 14, 2021 9:51 AM
To: Generous, Bob <bgenerous@ci.chanhassen.mn.us>
Subject: Variance Request at 931 Lake Susan Hills Drive
CAUTION: This email originated from outside of the organization. Do not click links or
open attachments unless you recognize the sender and know the content is safe.
This letter is in regards to the variance request at 931 Lake Susan Hills Drive. I live in Chanhassen
Estates but I frequent the trails that connect our neighborhoods as do my children , and I have a strong
opposition to this request. I believe it will negatively impact public safety.
I understand the property owners at 931 LSHD desire privacy on a corner lot, with a high traffic sidewalk
that faces their windows. I understand the property owners want to protect their own personal safety
with a backyard that faces a street. I contend both of those factors were known at the time of purchase
and are personal matters.
A fence along the property line will create safety risks for our children – my children and the children of
the neighborhood and those utilizing the sidewalks. The same reason that privacy is a concern – a high
traffic sidewalk – is the exact reason the variance should not be allowed. This stretch of sidewalk
connects our Lake Susan Hills community to two beloved city assets. The sidewalk on West Lake Drive
connects the entire neighborhood to Prairie Knoll Park (affectionately known as Rainbow Park from its old
design). The sidewalk on West Lake Drive also connects residents on West Lake Drive and Dove Court to
the city trail along Lake Susan.
A fence along this property line will create 4 safety threats.
1. Children are taught to treat driveways like streets, watching for tail lights. A fence
will prevent children from seeing a car backing out.
2. The drivers themselves will not have a clear line of sight to watch for children on
the sidewalk. Even rear cameras will not be able to detect motion until it’s too late.
3&4: Multiply this by two with different directions of traffic west and east. East bound foot
traffic will be at risk at 931 LSHD. Westbound foot traffic will be at risk at the adjacent 8440
West Lake Drive.
I am not opposed to a fence that preserves sight lines for both the property at 931 Lake Susan Hills drive
and the adjacent property of 8440 West Lake Drive. A fence that prioritizes public safety over personal
lifestyle choices would divide the property into small sections, yet I believe that is the right choice for the
neighborhood interests. I believe that public safety, especially that of our children, should be a higher
priority than personal interest.
Thank you for your consideration.
Jaci Parsons
(952) 465-7564
From:Steckling, Jean
To:Steckling, Jean
Subject:FW: 931 Lake Susan Hills Drive
Date:Monday, June 14, 2021 1:42:10 PM
-----Original Message-----
From: Alissa Gullo <alissagullo@icloud.com>
Sent: Sunday, June 13, 2021 8:12 PM
To: Generous, Bob <bgenerous@ci.chanhassen.mn.us>
Subject: 931 Lake Susan Hills Drive
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Hi Bob,
I hope you enjoyed your weekend! I live at 810 Lake Susan Hills Drive and am writing in regards to the variance
request at 931 Lake Susan Hills Drive.
Please accept this email as my formal support for the homeowners to build a fence. I walk by this property
numerous times and I must admit I always feel like I am invading their privacy as their backyard and view into their
home is always on display. I think a privacy fence is a fantastic idea not only for the homeowners and their children,
but also for those of us walking by.
Thank you for your consideration and for taking care of our city!
Sincerely,
Alissa Gullo (Revak)
810 Lake Susan Hills Drive
Sent from my iPhone
From:Steckling, Jean
To:Steckling, Jean
Subject:FW: Opposition to 931 Lake Susan Hills Variance
Date:Tuesday, June 15, 2021 8:40:14 AM
From: Eric Grady <grady318@hotmail.com>
Sent: Monday, June 14, 2021 9:38 PM
To: Generous, Bob <bgenerous@ci.chanhassen.mn.us>
Subject: Opposition to 931 Lake Susan Hills Variance
CAUTION: This email originated from outside of the organization. Do not click links or
open attachments unless you recognize the sender and know the content is safe.
Hi, I live in Lake Susan Hills area and have family members who live near this house
requesting the variance.
My family member who is an avid biker said that this fence would be a safety issue with the
bike path across from the sidewalk for kids and families biking across.
Possibly, a partially see through fence could be a compromise so motorists can see the bikers?
Thanks,
Eric Grady
8451 Ibis Court
Chanhassen MN 55317