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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 JOE MIU FR HOMES t Loke .l 41 v] A L I i I I I I I I I i I I I I : I II , 4 I. .- o z o 0) 0-4l-tr lrva tlo F i2' ld io ll f- ,I /v co-1t-+- llYO- Aa:td..LdxJ trt I g ouddv 6 '---- os ,l.t Tr tt-/a ---arE , €.Er7\Z.r!rD t A a., .arca.t a+,^ "t rt+-t4 ou^t;t l"t- ti 4,rr c\ * F$ffiEE Di ,. Scole: 1" : 30'931 Loke Suson Hills Driv DESCRIPNON I h"rcby cGrtify lrrot thh eurvBy. plon, oiroport ros pr€porcd by me or undcr my dlrlcl$p.rvidon ond thol I om o duty Rcglrt.rcdLond slrrEl.q. undtr th. Lsrs ot thc Stotaof Minn CITY OF C REC -+1AY 14 2021 R.gr No. Altlt)te f 1 ,4 ,M n .\_ -trI I t- l€ !lY0 ''rdJo --':\ 6 o 1 I ,o =s BRANDT ENGI}IEERII{G & SURVEYING'1600 West 143rd Street, Suite 206 Burnsville, MN 55306 nnss(oi 2) 435-1966 CHANHISSEN PIAI{NII,IG DEPT llTn -1't 1A _o A Dr tve I Lot Z Eoct 5, LAKE S.,SA}I HLI.S EST 91H ADDIIIO{ Corv!. Co{nt, uhnGoto Plot bcahgs drdn o Dcnotsr hqr mqrrnrlt<gED@ I I II 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) -T JEAI{ M SIECKLII{G tlotEry Rrbb+ffnecctary*r lfar.ri n,2rA. t 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. <TAX_NAMET <TAX_AD D_Ll r <TAX_ADD_L2r (Next Record)r(TAX_NAMEI (TAX_ADD_LI D (TAX_ADD_L2) Subiect Parcel I L @ (I'L \ lJ-".J L I 7/ \ t. Subiect Parcel diIDo,E s,.E .9 () ! 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AJ N N AJ NJ N' AJ NJ iJ N N N) AJi;i;GGi;irir!6ir69r(,u!(r(r(, lri (J. (, ( !, !, vrnj Uj ;j nj dj dj 6j 6j (r) u, r, i, ur l, r,D u, rr ur (! l! (4 u, r,6 6 6 6 6 6 6 ro to to rp to to @ .o to to tP !9 !q I to @ EEHgAEHAPEHEHHHEHHH$HHEEE5EEuEsr858g8B8dd88tt8 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