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Final Variance Application PackageJanuary 28, 2022 City of Chanhassen Community Development Department Planning Division 7700 Market Blvd PO Box 147 Chanhassen. MN 55317 RE. WRITTEN JUSTIFICATION FOR THIRD VARIANCE REQUEST FOR 6609 HORSESHOE CURVE, CHANHASSEN, MN 56317 COMPLIES WITH THE FINDINGS FOR GRANTING A VARIANCE PURSUANT TO SECTION 20-58 **FINAL REVISIONS TO VARIANCE APPLICATION DATED SEPTEMBER 27, 2021** Dear Planning Division, As required by the City of Chanhassen, and in follow up to the City's Findings of Fact written communication dated October 19, 2021, and the granting of a sixty-day waiver, we are submitting the following revised written justification in support of our variance request. VARIANCE REQUEST - REVISIONS Sec. 20-58. General conditions for wanting. A variance is a permitted departure from strict enforcement of the zoning ordinance as applied to a particular piece of property. The City of Chanhassen can grant a variance if enforcement of the zoning ordinance would cause the owner "practical difficulties." To review, a variance may be granted if all of the following criteria are met: (1) 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. (2) 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. (3) That the purpose of the variation is not based upon economic considerations alone. (4) The plight of the landowner is due to circumstances unique to the property not created by the landowner. (5) The variance, if granted, will not alter the essential character of the locality. (6) Variances shall be granted for earth -sheltered construction as defined in M.S. § 216C.06, subd. 14, when in harmony with this chapter. In Nolan v. City of Eden Prairie, 610 N.W.2d 697, 701 (Minn. Ct. App. 2000)., the Court of Appeals sums up the three requirements of the "practical difficulties" standard that a landowner must meet in order to be granted a variance: 1. Reasonableness, 2. Unique circumstances, and 3. Essential character of the locality. In general, the reasonableness standard is met when the property owner wants to use the property in a reasonable way but cannot do so under the existing ordinance. For example, when looking at a variance for a property owner because desiring to place a building too close to a lot line, the first factor the board of appeals and adjustments is going to look at is whether placing a building in that spot is reasonable. Second, the difficulties that the property owner faces cannot be created by him, but rather created by unique circumstances of the property. Unique circumstances most usually relate to the physical characteristics of the property, but do not necessarily have to be the physical conditions of the land. Some examples of unique circumstances include topography of the property, width of the lot, location of the driveway, and existing vegetation on the lot. Krummenacher,783 N.W.2d at 728. The third requirement is that the variance does not change the character of the locality. A variance is most likely going to be considered incompatible with the character of the neighborhood if is out of place in comparison with the rest of the neighborhood and considered uncommon. Each of these requirements will be applied to each of the variance requests below. VARIANCE APPLICATION HISTORY SUMMARY On May 21, 2020, the landscape architect contacted the City of Chanhassen with a proposal for the property that included a large concrete patio off the rear of the home, a concrete patio and large water oriented accessory structure near the lake, and front yard parking pad. On May 22, 2020, staff expressed concerns about the likely presence of a bluff on the property and provided the landscape architect with the sections of the City Code that they believed would apply to the proposal. Staff indicated that the proposal would require multiple variances, and that a survey would be required to determine the exact nature and extent of the variances. The application of the bluff definition to our property by the City of Chanhassen severely restricted the landscape work on our property by limiting what was allowed and required us to get permits to plant trees, permits to install an irrigation system, limited the type of grasses that could be planted on the property, and restricted other common Property uses based on an errantly defined bluff and bluff impact zones. On December 18, 2020, we submitted our first variance application, which was supported by the City of Chanhassen. Please Note: The focus of the first variance application was on the bluff, bluff impact zone, bluff setback variance, and included a WOAS that did not require a variance per the Findings of Facts and Decision. On June 4, 2021, we submitted our second variance application, which was supported by the City of Chanhassen. On September 17, 2021, we submitted a third variance application to challenge the bluff definition and included additional variance requests which some variance requests are included in the current variance application. Per the plain language of the City of Chanhassen's Municipal Code, 6609 Horseshoe Curve does not meet the definition of a "bluff' due to its topography being manmade rather than natural. In original survey of the property completed in 1999 prior to any work being done on the property, no bluff was delineated. In other words, the natural topography of the property PRIOR to any work done confirms that this was not a bluff. After our first variance submittal, the City of Chanhassen required that we obtain a new survey with the bluff delineation. Per the email communication from the surveyor on September 9, 2021, Egan, Field & Nowak, Inc., at the time of the survey completed June 8, 2020, "we were unaware that the property was a "manmade" bluff." The Staff Report from the City of Chanhassen also has already been on the record as to the uniqueness of our property. As stated, "A bluff was not present on the property when the home was constructed but was created when the retaining walls constructed along with the home increased the slope's grade." In the most literal sense of the word, "man-made" is the definitional opposite of "natural." This is a clear and easy -to -understand distinction between bluff and not a bluff for Code interpretation purposes. Had the City of Chanhassen's municipal code drafters wished to omit the term natural, that would have been an option. This language modifier of "natural" to the term topographic feature is paramount to this discussion. The property's pre-existing manmade condition is further highlighted by the fact that the "man-made" slope was constructed with the benefit of the tools, materials, plantings, techniques, and combined experience and expertise of professional tradespeople so that itwill effectively weather the elements and provide lasting and effective soil support, drainage control, and erosion prevention for the yard and surrounding areas, and does so without the need for regulatory intervention. After a review of our variance application and the bluff definition, the City Attorney's Office agreed with our assessment that our property is not on a bluff. In email from MacKenzie Walters, dated September 21, 2021, he stated: "Staff acknowledges that our initial determination that a bluff was present ... was in error and that bluff ordinance does not apply to the site. I apologize for this error and the unnecessary variances that were required based upon it." 1. PRE-EXISTING LAWFUL NONCONFIRMING USE OF PARKING PAD UNDER CITY OF CHANHASSEN ZONING We currently have a pre-existing parking pad that is often used when household members or invited guests cannot safely go down our driveway due to inclement weather. The parking pad was created when the residence was originally built in 1999. In discussions with the City of Chanhassen in connection with the proposed new driveway on May 21, 2020, we were told that the City would not support a larger parking pad and parking pads are no longer permitted, despite the narrow width of Horseshoe Curve. As an aside, when two motor vehicles are parked on both sides of the narrow road, traffic is hindered and larger motor vehicles such as emergency vehicles (fire trucks and ambulances) and utility vehicles (garbage, gas, electric) could be prevented from access down the road. See enclosed photos of motor vehicles parked on both sides of Horseshoe Curve and limited space for traffic flow. Other neighbors along Horseshoe Curve also have pre-existing parking pads near the road. See enclosed photo of similar parking pads on Horseshoe Curve. Unfortunately, there was no discussion at the time on the pre-existing lawful nonconforming use, so the parking pad was slated for removal. However, upon review of Chapter 20, Article ll, Division 4. Nonconforming Uses, we may continue to use the parking pad including through repair, replacement, restoration, maintenance, or improvement, but we cannot expand the parking pad without a variance pursuant to Sec 20-72(a) "Nonconforming Uses And Structures." (a) Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless: (1) The nonconformity or occupancy is discontinued for a period of more than one year; or (2) Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged. In this case, the city may impose reasonable conditions upon a building permit to mitigate any newly created impact on adjacent property. The nonconformity is statutorily defined as clearly including nonconforming uses of property: "Nonconformity" means any legal use, structure, or parcel of land already in existence, recorded, or authorized before the adoption of official controls or amendments thereto that would not have been permitted to become established under the terms of the official controls as now written, if the official controls had been in effect prior to the date it was established, recorded, or authorized. See Minn. Stat. § 394.22, subd. 8. The Minnesota legislature has passed statutes codifying the purposes of grandfathering, and those say that "any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of a [zoning ordinance or amendment to a zoning ordinance] may be continued" subject to certain exceptions and qualifications. Grandfathering in cities is governed by a portion of the Uniform Municipal Planning Act, specifically Section 462.357, subd. le, which is reflected in Sec 20-72(a) "Nonconforming Uses And Structures. Continuance rights of legal nonconformities include repair, replacement, restoration, maintenance, or improvement, but not expansion. Some cities may recall times that continuance rights could be lost if the property is destroyed by greater than 50% of its market value by fire or other means. Current law allows all restorations if a building permit is applied for within 180 days of the property damage (Minn. Stat. § 462.357, subd. 1e(a)(2)). In re Kenney, 374 N.W.2d 271, 274 (Minn.1985), the court ruled that "[a) statute will be construed so as to give effect to all of its parts. In paragraph (a), the legislature, with certain exceptions not relevant here, prohibits a municipality from ordering the removal of nonconformities.151 Further, the legislature has given property owners the right to repair or replace a nonconformity so long as they do not expand the nonconformity. In other words, as long as the property owner does not expand the nonconformity, she does not need municipal approval to take corrective or remedial action on the nonconformity. But under paragraph (b), if the property owner seeks to expand the nonconformity, the municipality may, by ordinance, permit the expansion." In this case, the preexisting parking pad has not been destroyed, but we may need to repair, replace restore, maintain, or improve the parking pad due to its age, but the parking pad will not be expanded. We are enclosing two (2) recent images of our vehicle parked on the pad this winter. This parking pad, as proposed in our architectural drawings, remains within the same preexisting footprint. The inclusion of the pad does not unduly increase hardcover on the property. At current calculations, the change for all related hardcover would be from 23% to 23.72%. This is a nominal amount and still under the Code's 25% hardcover rule for residential property. As we understand, if the parking pad is replaced due to the need for repair, restoration, and maintenance in the same footprint, we must apply for a zoning permit within 180 days from when the grandfathered structure is destroyed. 11. REQUEST FOR AREA VARIANCE FOR SHED FOR LAKESIDE RECREATIONAL EQUIPMENT STORAGE. We seek to place an 11x12 foot recreational equipment storage shed at the lakeside adjacent to the new modular deck built in 2021 to be placed 1 foot from the side yard property line on the eastern side and 8 feet from the shoreline. The placement of this recreational equipment storage shed requires an area variance from the 10-foot side yard setback, 10-foot shoreland ordinary high-water level (OHWL) setback, and the 20-foot maximum width of the structure as measured parallel to the configuration of the shoreline. To be clear, we are requesting an area variance as opposed to a use variance. Area variances ask for relief from the zoning ordinance's dimensional requirements, including height restrictions, setbacks, et cetera. Use variances, on the other hand, do not involve dimensions, sizes, or areas, and instead ask for permission to engage in or pursue some type of land use activity that is not permitted under the zoning ordinance. The City of Chanhassen's municipal code allows the use of a recreational equipment storage shed. Assuming the variance is granted, the City has indicated that a zoning permit would be needed to place a prebuilt recreational equipment storage on the property. We certainly appreciate the City's support for our placement of a modular, completely removable deck that was grandfathered into the location of the old deck and paver patio, but this is only part of the equation. The normal and customary use of this area would logically require some form of recreational equipment storage shed to truly enjoy the space and not create practical difficulties. In an email dated September 21, 2021, the City stated that when a shed and patioldeck are contiguous, they are treated as a single Water Oriented Accessory Structure (WOAS). Unfortunately, we were never informed of this rule concerning the combined shed and deck option, otherwise, we would have included the shed and deck in a single variance application. There was a misunderstanding, and we believed we had to choose between a shed or deck. If there was a communication on the subject matter, we never personally received a copy or were informed of this rule. The foremost focus of the first variance application was on the incorrect application of the bluff definition, bluff impact zones, and bluff setbacks to our property coupled with all of the restrictions on property use based on the bluff application. There was also a concern by the City for the shed placement in the bluff and bluff impact zone. We highlight applicable Code language that states: As an alternative for general development and recreational development waterbodies water -oriented accessory structures used solely for watercraft storage and including storage of related boating and water -oriented sporting equipment, may occupy an area of up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline. See generally, Sec 20-481 (e)(2)(f), Placement, Design, and Height of Structure, Chanhassen Municipal Code. A. Application of Variance Legal Standards To constitute practical difficulties, a variance application must meet all three of the following conditions 1. Reasonable Eniovment and Use of Lakeshore Equipment and Property Our proposed shed or water -oriented accessory structure (WOAS) is necessary and reasonable for storage of watercraft equipment, including storage of related boating and water -oriented sporting equipment, that reasonably needs to be stored closer to the water for proper enjoyment and access. The proposed WOAS will enable us to use the lake property in a reasonable manner, which include recreational use of the lake and storage of lake recreational equipment in close proximity to the lake, especially with the unique topography of the property. Due to the weight and size, it is impractical and not safe to carry the watercraft, including related boating and water -oriented sporting equipment, up the slope to our garage for secured storage. The specific recreational equipment storage shed size proposed accommodates commonly used lake recreational equipment, including but not limited to, a 15-foot canoe, two (2) 13.2-foot paddle boards, kayaks, and other lake recreational equipment. A 11 x12 foot recreational equipment storage shed has the required diagonal length of 16.28 feet based on the mathematical theorem (d2 = 12 + w2) or 16.28 = 122 + 112 to safely store these items in a secure manner. A recreational equipment storage shed any smaller in size would prevent the storage of commonly used watercraft equipment, including storage of related boating and water -oriented sporting equipment. In this case, the City first indicated that this combined shed and deck WOAS was approximately 308 sq. ft. However, in the subsequent Findings of Fact dated October 19, 2021, the City corrected its initial calculation to 357.5 sq. ft, which is still less than the 400 square feet allowed under the Code. The City further indicates that it would only support a WOAS up to 308 sq. ft, which is arbitrary and is based on the original, pre-existing deck size. In the Findings of Fact from the first variance application, dated January 19, 2021, the City stated Since the proposed WOAS is 220 square feet, entirely pervious, removable, and setback an additional 2 feet from the toe of the bluff, this is a clear reduction to the existing nonconformity and does not require a variance. Staff is including the structure's setbacks in the requested variance for the sole purpose of formally documenting the structure's nonconforming status and preventing any future confusion as to the legality of the structure's size, placement, and composition. Emphasis added. The discussion relating to the modular, removable deck was partially focused on the bluff in terms of its size and location as referenced in the Findings of Fact, e.g., "toe of the bluff...." The application of the bluff definition to our property has been found to be incorrectly applied by the City. We should be permitted to have a combined WOAS up to 400 square feet in accordance with Sec 20-481 (e)(2)(f). The City also asserts that we can remove and rebuild the deck that was just built, i.e., reducing the size by 49.5 sq. ft. This is certainly not reasonable considering the cost and time that it took to build the deck in the first place. We further point to the Code language that states a concern for reduced visibility: "the structure or facility shall be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, or color, assuming summer, leaf -on conditions. See generally, Sec 20- 481 (e)(2)(c), Placement, Design, and Height of Structure, Chanhassen Municipal Code. The 20-foot maximum width requirement seeks to limit the size and visibility of the WOAS from the shoreline. The modular, removable deck itself measures 20 x 11 foot (220 square feet) and is located at - grade and behind two (2) mature maple trees on the shoreline, and is also surrounded by tall, fescue grass, which reduces visibility as viewed from public waters. The proposed recreational equipment storage shed measures 11x12 feet, which 12 feet is visibly less than 20 feet as viewed from public waters. Overall, the proposed use variance is reasonable as it is not much of a departure from the ordinance, but rather in harmony with its goals, and as such, relief should be granted from the literal terms of the zoning ordinance since the Chanhassen Municipal Code is focused on size and reduced visibility. The current legal standard says that, to satisfy this reasonableness factor, the landowner must show the proposed "use of the property in a reasonable manner not permitted by the zoning ordinance." Under the current formulation, the landowner only needs to show that the proposed use is a reasonable one. 2. Unique Circumstances. The focus under this factor is whether there is something sufficiently odd or unusual about the property to justify a zoning authority in granting relief from the literal application of the zoning ordinance. Our Lakeshore property has unique topographical circumstances due to its unique physical characteristics, making storage and access to watercraft equipment, including storage of related boating and water -oriented sporting equipment, a hardship for the quiet enjoyment of the property. There are obvious and basic safety considerations to the grant of this area variance. Due to circumstances unique to the property not caused by the landowner, we have no place to store any valuable boating or swim equipment used at the lakeside on a normal basis. This is not a self-created hardship. Furthermore, we have previously had items stolen from our boat and lakeshore since they were out in the open and not secured in a locked shed. The normal and customary use of this area would logically require some form of storage to truly enjoy the space and not create practical difficulties in lifting awkward and heavy lake equipment up and down the property. 3. Area Variance Does Not Change the Character of the Locality. This area variance does not change the character of the locality because the placement of the recreational equipment storage shed at 12 feet wide measured parallel to the configuration of the shoreline is visibly less than the 20 feet allowed as viewed from public waters. The proposed location for the recreational equipment storage shed is tucked away at the far eastern corner of the property adjacent to the newly built low -profile at -grade deck. The recreational equipment storage shed will be minimal in design and will match the aesthetic of our home (black in color). As it stands, one cannot see our black house during summer months due to the high density of tree foliage. The recreational equipment storage shed will be located behind a set of mature maple trees planted on the shoreline. As such, it is ideally placed to reduce its visibility from the lake and does not change the character of the locality. In addition, the proposed recreational equipment storage shed placement will not exceed hardcover requirements and we would ensure that this shed is moveable and not a permanent structure, as to allow the City of Chanhassen access to any necessary sanitation line. REQUEST FOR AREA VARIANCE FOR SECURITY GATE AT DRIVEWAY ENTRANCE ONLY With this updated variance request, we are not seeking to install a fence, but rather a security gate at the driveway only. All references to fencing are stricken from our variance application. In our most recent phone conversation with MacKenzie Walters on February 9, 2022, he stated that our proposed security gate does not require a variance from the City of Chanhassen so long as it is "open." In other words, the location of the security gate within 10 feet of the street on our driveway is not at issue. We are also mindful of traffic flow and safety considerations on Horseshoe Curve and a 10-foot set back would enable a motor vehicle to be clear from the road while entering the driveway. However, MacKenzie Walters has also requested an engineering report to support a variance of the "open fence" requirement dating back to October 19, 2021. After multiple consultations with local engineers and gate installation companies since that time, none of them has provided such a report for variance application purposes and they were frankly surprised at the request by the City of Chanhassen to produce such documentation. As such, we are being held to a higher standard than normal and customary for these proceedings related to a residential installation. We understand that we would normally have to present both finalized materials and design to the City of Chanhassen's building permit department at the time of permit application, if requested by this department. We are continuing to work with our gate installation company and our landscape architect on the specific gate design. The gate design could potentially be slated or opaque. In previous email communications dated August 10, 2021 to MacKenzie Walters, owing to the unique conditions of our property, notably the downward slope starting at the street and continuing toward our home, we expressed that a security gate at the driveway is an important safety and security feature for our property based on a number of events in which motor vehicles have slide down our driveway in winter conditions. The City of Chanhassen stated it would support a 3-foot-high opaque gate or a 6-foot 6-inch open gate at the driveway side of our property. However, a 3-foot-high opaque gate or a 6-foot 6-inch open gate on a downward slope will not provide us with the required security for the reasons provided below. As a result, we are seeking a 6-foot 6-inch high grated or opaque security gate in the front yard to be installed at the driveway only. Please Note: Just like term, "natural topographic feature" when the Code refers to bluff, each word of an ordinance is important and must be considered for purposes of understanding the intent. In regard to Sec 1-2 Rules Of Construction And Definitions, "Open fences" are defined as decorative fences such as wrought iron fences, cement block column or rock -type posts, split rail, and other open style fences. Open fences may not have more than 20 percent opacity. Picket fences and privacy type fences are not open fences. We are not seeking to install a decorative fence on our property. The Chanhassen Municipal Code is silent on both the definitions of gate and opacity. Since the code does not define either of these terms, a government's decision or interpretation that its made without reasonable grounds or adequate consideration of the circumstances will be considered arbitrary and capricious. In our February 9, 2022 phone conversation with MacKenzie Walters on the issue of opacity, he maintained that a gate with 20.1% coverage would be deemed to be opaque. However, again, the Code does not actually define the term and we maintain that 20,1 % is not a reasonable interpretation. We also reiterate that this is a security gate, not a decorative fence, and as such, the City Code does not squarely address the requirements. If one looks to neighboring municipal codes for guidance, there are definitions of opacity: City of Bloomington (Hennepin County): Fence opacity is limited to 50 percent or less for four -foot fences, but there also exceptions to this rule for 6-Foot maximum height, that do not have opacity requirements. City of Chaska (Carver County): A decorative fence shall have an opacity of no more than 50 percent opacity. City of Minneapolis (Hennepin County: Front yard. Fences located in the required front yard shall not exceed three (3) feet in height. The maximum fence height may be increased by one (1) foot if constructed of open, decorative, ornamental fencing materials that are less than sixty (60) percent opaque. City of Plymouth (Hennepin County): "Fence Opacity" — The degree to which light or views through the fence are blocked. A solid board fence has an opacity of 100 percent, whereas a wrought -iron fence typically has an opacity of less than 50 percent. City of Victoria (Carver County): A decorative fence is the only type of fence permitted in the front yard and front side yards. Decorative fences cannot exceed three feet in height or have an opacity greater than 50 %. A. Application of Variance Legal Standards To constitute practical difficulties, a variance application must meet all three of the following conditions 1. Reasonableness. Our proposed security gate at the driveway only is necessary and reasonable for the security and safety of the public and our family as well as our property. A concern for public safety, for the safety of our family, and to prevent damage to our property is not an unreasonable request. 2. Unique Circumstances. Our lakeshore property has unique circumstances due to its sloped topographic features on both front and lakeside. In fact, no other driveway on Horseshoe Curve has a similar downward sloped driveway that is sloped toward the house. Motor vehicles, including cars, trucks, SUVs, delivery trucks and postal vehicles, accidentally drive down the driveway and fail to understand the inability to stop once the decision is made to come down the driveway. The average weight of a motor vehicle is 4,156 pounds, according to a 2020 report from the Environmental Protection Agency (EPA). Most SUVs weigh between 2,000 and 6,000 pounds, with the most popular, mid -size models weighing around 5,000 pounds. There is some component of a motor vehicle's force going horizontally and then vertically as the vehicle transitions from the road down the driveway. That force accelerates as the car descends the slope, creating momentum that cannot be stopped even by hitting the brakes in winter conditions. This is a security and safety issue, especially in winter, as the driveway becomes a hazard where snow or ice is present. Individuals not familiar with these specific driveway conditions do not realize that they cannot stop once the decision is made to come down and potentially be injured and or damage our home. During winter conditions, a 2-6-ton vehicle will crash through the gate with a 30-feet setback, but the momentum is greatly reduced at a 10-foot setback. As a general proposition, the more solid a gate is designed and constructed, a motor vehicle is less likely to crash through the gate and will be stopped, which is the purpose of a security gate at the driveway. Our architect has prepared a security gate section diagram that provides a visual of where the gate would have to be placed at the 30-foot setback on a slope and where we are requesting that the gate be placed at the 10-foot setback from the street. See enclosed Updated Variance Application Information 1.28.2022, page 6. This rendering helps demonstrate why a security gate at the 30-foot setback at an angled downward of 19.5 % slope will do little to prevent a car from sliding down the hill in icy or wet conditions. Furthermore, a three-foot high opaque security gate is so short that this is not safe or secure when faced with a 5 to 6- foot-tall SUV driving down. 3. Area Variance Does Not Change the Character of the Locality. This factor is geared primarily toward protecting the applicant's neighbors against a variance that, if granted, would unduly devalue their property, that is, one which would result in a "substantial detriment" to their properties. See Westling v. City of St. Louis Park, 284 Minn. 351, 170 N.W.2d 218, 221 (1969); Filisterv. City of Minneapolis, 270 Minn. 53, 133 N.W.2d 500, 505 (1965) cert. den. 382 U.S. 14. Both cases use the term "substantial detriment" when discussing the effect on the surrounding properties. The adjective "substantial" indicates that a variance may be granted even though some negligible, insignificant, or "insubstantial" detriment to surrounding properties might result. As a precaution to guard against any alteration of the character of the locality, we plan to plant vegetation parallel with the property line by the road to visibly reduce the gate appearance as viewed from the road. IV. CONCLUSION Our aim has remained to improve the natural enjoyment of the property while balancing the interests of the natural environment. We have selected products and made changes that we believe improve the property and preserve the surroundings that align with the zoning ordinance in a reasonable manner. We understand that variances are requested when the strict enforcement of the ordinance would cause a "practical difficulty" because of circumstances unique to the property, such as when the property cannot be put to reasonable use because of its size, physical surroundings, shape, or topography. In consideration of all equities and hardships in this case, we believe that our current revised variance application warrants favorable discretion, since everything we Hope to do will improve the use of this property and reduce and prevent injury to people by avoiding the need to carry heavy lake equipment up and down the property and prevent injury or accidents to people or our home itself in the event they inadvertently drive down the driveway during cold weather months. Thank you in advance for your due consideration of our request. Sincerely, Elise 8l4er and Brian Bruner ERB/ Enclosures MR ft. Ir " tP AL Ito Li WO. T ----------- - -71 %-qmlffmr� w1f7m vll A I J ryA! Al-1 .1"A" - '49 kNfit il .1 rl 144 ........... 12" !6N 'Ll's It zoo ok r. Of .44 mod, �► �' \ � ���' �� rr %�� •�•�r: t�y�'41r'-. w...�,�lR� 1 ';1 i7 ❑ 1[ ' � y��.�y t ��`g+•'�ti t�/ - sty S7 �� r+ �' 1 � ••'.r �"" 1 ' 2 --"!'16�6w . Svcvr, i; lE +�s eie�' �1YjI} ioyfe_ _ ,w YIc._ �'+=T�;Amsii /�'� 54, 5- 1 �i -s •rP'ti� • . ,� tit �� TAB 2 NEIGHBORING MUNICIPAL CODE DEFINITIONS OF OPACITY f CITY of BLOOMINGTON MINNESOTA The following information condenses the provisions in Bloomington City Code Section 21-301,08. Note: See Terms and definitions on page 4 for explanations of the terms used in this handout. When is a permit required? Fence installations, alterations or repairs do not require a permit, with the following exceptions: • A fence taller than six feet in height requires a building permit from the Building and Inspection Division before the fence is installed. • A fence within a floodplain requires a permit from the Building and Inspection Division before installation. • A fence within a shore area that is not more than 10 feet inland from the ordinary high water level (OHWL) requires a shore area permit from the Building and Inspection Division before installation. • A fence may not be placed in the right-of-way without approval and an encroachment agreement. Code requirements apply even if a permit is not required. Height The following regulations apply to fence height, subject to the exceptions in the next column. For height requirements, an alley is not considered a street. Maximum height of fence body within area from property line to setback line Residential Non-residential Yard adjacent to street 4 feet 6 feet Yard not adjacent to street 6 feet 10 feet See below for typical residential lot examples. Fences Information Sheet Exceptions 1. A residential fence in a yard adjacent to an arterial street as designated by the Comprehensive Plan may be a maximum height of six feet. See map on page 4. 2. A residential fence that meets the required setback from a specific property line for a principal structure in its zoning district may be eight feet high. A permit is required. 3. A residential fence in the rear yard of a corner fat may be six feet high if the fence meets the minimum setback from the street for a principal structure in its zoning district or provided the fence is no closer to the street than the principal structure or garage. 4. A residential fence in the rear yard of a through lot when both adjacent lots are also through lots may be six feet high. 5. A residential fence adjacent to a nonresidential use may be eight feet high. A permit is required. Lot type examples Through lot Interior lot N N Corner lot Street 1 I Fence height and opacity �.._ tr---•-.rProperty.line. �•�•— •�.-.•—'°..-..-- •�••r-~•.t for typical residential Corner lot--..- •:: Internal lot• Il s ; . corner and internal lot t �T.Setback line. �' : • .' . • : NOTE: Example assumes houses Rear yard' .R ear yard = --►. : a - a are at minimum setback lines. o not adjacent to street c __� ___' . adjacent to street _ - 4-Foot maximum height; W/o maximum opacity if a ' Side j- Side ' ; Side Q over 3 feet high o House yard yard' House yard, o I.. a 6-Foot maximum height, a _ _ no opacity requirements; Clear view y Setback 8-Foot maximum height, triangles line Front yard it building setbacks are met requirements adjacent to street on page 3 � Permit required for fence — • • I - • I 1� • • L - • - Property line taller than 6 feet. Community Development Planning and Economic Dev. PH 952-563-8920 E-MAIL planning(@ ci.bloomington.mn.us 1800 W. Old Shakopee Road FAX 952-563-8949 www.a.bloomington.mn.us Bloomington MN 55431-3027 TTY 952-563-8740 W fog )1 of 4(u511 U) Measuring fence height The body of the fence determines the fence height. A maximum of six inches is allowed above the natural grade (e.g. for drainage purposes). Fence posts may extend a maximum of 12 inches above the body of the fence. If the fence height has been elevated through the use of a retaining wall, the creation of a berm or another method for the primary purpose of increasing the elevation of the fence, the fence height is measured from Natural the ground elevation prior to the grade modification. grade Opacity Fence opacity is the degree to which views are blocked. When a fence adjacent to a street is over three feet in height and does not meet the required setback for a principal structure in the zoning district, fence opacity is limited to 50 percent or less, subject to the exceptions below. See right for examples. For opacity limitations, an alley is not considered a street. Exceptions The following fences are exempt from opacity limitations: 1. A fence in a yard adjacent to an arterial street as designated by the Comprehensive Plan, provided a 15- foot clear view triangle is maintained. See page 3 for clear view triangles and page 4 for arterial streets. 2. Screening fences required by the City Code, including commercial properties. See Section 21.301.08 (g)(4). 3. Screening fences required by a condition of approval for a development application. 4. Fences in the rear yard of a through lot when adjacent lots are also through lots. See through lot example on page 1. 5. Fences in the rear yard of a corner lot when the fence is no closer to the street than an existing principal structure or garage. 6. Vegetation growing adjacent to or on a fence will not be considered in determining compliance with the opacity requirements for fences. Approved materials Fences must be constructed of wood, metal, bricks, masonry, plastic or other materials designed for permanent outdoor fencing. Wood fences must be constructed of cedar, redwood, or other decay resistant wood. Chain link fencing finer than 11-gauge in diameter is prohibited. (Note: 12-gauge is finer and 10-gauge wire is thicker than 11- gauge.) Fences must not be constructed from razor wire, snow fencing, plywood, or materials originally intended for other purposes. Above ground electric fencing is not permitted. Barbed wire is permitted only on top of fences in nonresidential districts, a minimum of six feet above the natural grade. Fence Opacity Post, maximum 12 inches above body Body of fence --------------- Gap to grade, maximum 6 inches Opacity (the degree to which light or views are blocked) is measured perpendicular to the fence for each fence section between supports. Support IE Fence section 01 more inan ou io opaque 50% opaque Less than 50% opaque Exception Temporary fences made of chicken wire in residential districts are permitted for residential garden uses only. Installation, posts and supporting members All fence elements must be permanently installed and constructed in a workmanlike manner to secure the fence in a vertically level position. Fences must be installed so that posts and lateral supports are not on the side of the fence facing an adjacent property or public right-of-way, unless exposed on both sides. web 52cfences pg� of 4 (04 IM Maintenance All fences must be kept in good repair and appearance on both sides of the fence by its owner. Peeling, flaking and chipped coating must be eliminated and surfaces recoated. The property owner is responsible for maintaining the area between the property line and the owner's fence. Restrictions The following restrictions on fences apply to protect the public health, safety and welfare. Ownership All fences, including fence footings, must be located entirely on the fence owner's property. Property irons or as - built surveys are ways to find the property's dimensions. Public easements Fences may not be placed on or extend into a public easement where public improvements are located without approval of an encroachment agreement by the Director of Public Works or designee along with proof that the agreement has been filed with the records for the property in the Office of the Hennepin County Recorder or Registrar of Titles. When installing any part of a permitted fence into a public easement. the City or any agent of the City permitted to use the easement will be held harmless for any and all claims for damage to the fence that might occur when work is performed in the easement. In addition, the City is not responsible or liable for the reinstallation of any fence removed from the easement. Clear view triangle at intersection and driveway Property line -- Boulevard Intersection Driveway 11�� 11 11�� +15 15'-011 1�15'-011 15'-0' I I Clear vie i triangle Clear view triangle. See above for examples. • Fences of any style or material placed on corner lots must maintain a clear view triangle for visibility at the intersection of two streets or at the intersection of an alley and a street (see City Code Section 17.31). • Fences of any style or material must maintain a clear view triangle from the street curb or street edge, not including alleys, for visibility from driveways on the lot or on an adjacent lot. The clear view triangle area for a driveway is formed on each side of the driveway by measuring a distance of 15 feet along the street curb or edge and 15 feet along the driveway edge. See City Code Section 21.301.08(f)(3). Fences must be placed entirely on the fence owner's property, while maintaining the clear view triangle, unless otherwise approved. Public sidewalks In addition to clear view triangle requirements, when the property line is adjacent to a public sidewalk, fences must be set back a minimum of two feet from the sidewalk. Fire hydrant and utility clear zone The area three feet in radius around fire hydrants, fire hose connections and utility boxes must be kept free of any fencing that could impede use of the hydrant, hose connection or utility box. Fences in floodways Fences are not permitted in floodway areas as designated on F1=MAs flood boundary and floodway map. Drainage A fence must not adversely affect drainage or create debris build-up. Swimming pool enclosures See City Code Sections 14.443 (public pools) and 15.108 (private residential pools). All fences for licensed public pools must comply with requirements of the State of Minnesota Pool Code, MN Rules 4717.1550. Utilities The property owner is responsible for verifying that no conflicts exist with utilities prior to installation of fencing. Before digging, call Gopher State One -call at 651-454-0002 to locate utility lines. Other fence -like features Arbors and trellises Regulations governing fences apply to arbors and trellises used in lieu of a fence or in combination with a fence, except that arbors and trellises used in lieu of a fence may also rise once to a maximum height of nine feet for a distance of six feet in length. Arbors and trellises are permitted encroachments within required setback areas as provided in City Code Section 19.08. Walls Regulations governing the height, location and opacity of fences apply to walls used in lieu of a fence or in combination with a fence. wob s?cfoncc- p93 of 4 (04110) Terms and definitions ' Contacts Arbor. An open shelter typically constructed of latticework or exposed boards that often provide partial shade or support for climbing plants. Arterial streets. A roadway classification designated in the Bloomington Comprehensive plan. See map. Fence. An artificially constructed barrier enclosing, separating or screening areas of land. A fence may serve as a boundary, a means of protection, a buffer, a decorative element, a way to visually modify the view and/or a confinement area. Floodplain. The areas adjoining a watercourse, wetland, lake or water body that have been or may be covered by the regional flood. A floodplain includes the floodway and flood fringe areas. Floodway. Any area designated as floodway on the Flood Insurance Rate Map. A floodway is the bed of a wetland or lake, the channel of the watercourse and those portions of the adjoining floodplains that are reasonably required to care, store and discharge the regional flood. Flood fringe. The portion of the floodplain outside the floodway. Trellis. A frame of latticework used as a screen or as a support for climbing plants. Building and Inspection ............... 952-563-8930 Environmental Health (Complaints) .......952-563-8934 Planning and Economic Development .... 952-563-8920 Public Works ............. . ......... 952-563-4581 wrap 52efencos pg4 of 4 {04/10) CHISKA ZONING ORDINANCE 9.20 FENCES 9.20.1 INTENT: The purpose of this Section is to enact minimum restrictions on fencing necessary to ensure orderly and attractive development, to enhance the "curb appeal" from Chaska's streets, to protect the health and welfare of Chaska's citizens, to allow a free flow of air, and to prohibit unreasonable restrictions of view while allowing each property owner to protect his or her property and privacy. 9.20.2 GENERAL REQUIREMENTS: a) Construction, Maintenance, and Design Requirements: i) Fencing shall be constructed and maintained so as not to endanger life or property. Any fence which through lack of repair, type of construction, or which otherwise imperils health, life, property, or the aesthetic quality of a neighborhood shall be deemed a public nuisance. ii) The side of the fence considered to be the face shall face abutting property. The face shall be defined as the finished side of the fence rather than the side with structural supports. iii) If fencing is built away from a property line, property on both sides of the fence must be maintained so as not to create a public nuisance. b) Fence Location Requirements: i) All fences shall be located entirely upon the private property of the person, firm, or corporation constructing the fence. ii) When driveway, access, or walkway easements are located on private property, fences shall not be constructed on the easement. No fence shall be constructed which obstructs the flow of water upon a drainage or ponding easement. c) Traffic Visibility Requirements: On any corner lot, no fence shall be erected in the triangle formed by the front lot line, side street lot line, and a third straight line joining points on such property lines 30 feet from their intersection at the corner of the lot when such action would impede vision above a height of two and one-half (2 112) feet above the centerline grades of the adjacent streets. d) Permit Requirements: All fences require building permits. 9.20.3 REQUIREMENTS FOR RESIDENTIAL AREAS: 9.20.3.1 General Design Requirements a) The use of barbed wire, or of any electrical current is prohibited; b) If a chain link fence is constructed, it shall have a minimum gauge of 11. 9.20.3.2 Rear Yard Boundary Fence a) Height Restrictions: A rear yard boundary fence shall not exceed six (6) feet in height. b) Required Yard Location: i) A rear yard boundary fence shall be permitted only within the rear yard, except where rear yard access from the principal building is achieved 45 SPECIAL REGULATIONS from an entrance/exit to a side yard. In such instances, a six (6) foot boundary fence is permitted in the side yard to a distance not greater than three (3) feet beyond the entrance/exit in the direction of the front yard. ii) Should a corner lot have a rear lot line in common with the side lot line of an abutting lot, the boundary fence shall meet the principal structure's required side yard setback for corner lots, or shall not extend past the front corner of the house on the abutting lot, whichever is less. iii) Large lots containing structures set back 100 feet or more from a street right-of-way, a rear yard boundary fence shall be permitted within side yards to the front of the structure, or in the case of two adjacent structures, to a line connecting the front of such structures. (Ord. No. 620, Sec. 2, 6/16197) 9.20.3.3 Decorative Fences a) Height Restrictions: A decorative fence, or any natural hedge or closely planted vegetation, shall not exceed four (4) feet in height within the limits of the front and side yards. b) Required Yard Location: i) A decorative fence is the only type of fence allowed within the limits of the front yard or side yards, except as indicated in Subsection 9.20.2(b). ii) A decorative fence erected on a corner lot shall be subject to the additional traffic visibility requirements in Subsection 9.20.2(c). c) Design Requirements: A decorative fence shall have an opacity of no greater than 50 percent. 9.20.3.4 Rear Yard Privacy Fences a) Height Restrictions: A rear yard privacy fence shall not exceed eight (8) feet in height. b) Required Yard Location: A rear yard privacy fence shall be located only within the buildable area of the rear yard. Under no circumstances shall a rear yard privacy fence be allowed in the side or front yard of a residential lot. 9.20.3.5 Fences Enclosing Swimming Pools a) Required: i) A safety fence shall be installed around all underground swimming pools. ii) A safety fence shall be install around all above -ground swimming pools with the exception of single-family dwellings. iii) When an above -ground swimming pool is accessory to single-family dwelling, a safety fence is required if the pool is both greater than 24 inches in depth and more than 5,000 gallons. b) Height Restrictions: i) A safety fence at least five (5) but no more than six (6) feet in height shall be constructed to completely enclose a swimming pool with the exception of properties within the RR2 District. In recognition of the RR2, Rural Residential 2 District's low density nature, swimming pool enclosures in the RR2 District shall have a safety fence at least four (4) but no more than six (6) feet in height. (Ord. No. 584, Sec. 1, 10/16/95) Section 9, Page 46 ZONING ORDINANCE ii) A fence of at least three (3) feet in height shall be constructed on the top of the sides or the top of the decking of an above -ground swimming pool. The combined height of the fence and the pool sides together shall be at least five (5) but no greater than six (6) feet in height. c) Construction and Design Requirements: i) Any opening between the fence bottom and the ground shall not exceed four (4) inches. ii) Any opening within the fence shall not exceed four (4) inches. iii) Pedestrian access gates for pool enclosures shall be self -closing and self -latching hardware. The release mechanism shall be placed no lower than 54" from grade. All other service gates shall have lockable hardware and be locked at all times when not in use. iv) All such fences shall be constructed so as not to be easily climbable, and generally to prevent children from gaining uncontrolled access. (Ord. No. 731, 12/16/2002) 9.20.4 REQUIREMENTS FOR COMMERCIAL AND INDUSTRIAL AREAS: 9.20.4.1 Fences for Screening Outdoor Storage Areas a) Height Restrictions: All fences required for the screening of outdoor storage areas shall be at least six (6) but not more than eight (8) feet in height. b) Construction and Design Requirements: i) All fences required for screening open storage areas shall have an opacity of at least 90 percent. ii) Screening fences shall be architecturally harmonious with the principal building and shall be compatible with the natural surroundings. 9.20.4.2 Fences for the Separation of Incompatible Land Uses a) Explanation: Fences used for screening may be required at locations where commercial or industrial uses are adjacent to or across the street from property zoned or developed for residential or public use, as described in Subsection 9.10.2.1 b) Height Restrictions: The screening required shall consist of a continuous fence or wall at least six (6) but not more than eight (8) feet in height. c) Construction and Design Requirements: i) The screening fence required shall have an opacity of at least 75 percent. ii) A louvered fence shall be considered adequate if it blocks vision from a 90 degree angle to the fence. iii) Plant materials of a type approved by the Community Development Department may also be required in addition to, or in lieu of, fencing. d) Required Location on Property: i) The screening fence shall not extend to within 15 feet of any street or driveway opening onto a street. ii) The fence shall be placed along the property lines or, in case of screening along a street, five (5) feet off the property line with 47 City of Plymouth, MN www.plymouthmn.gov Ph. (763) 509-5000 -Information Handout - Fences & Retaining Walls for Single -Family Homes and Two -Family Homes This lnforniation condenses the provisio ?s Sedion 21130. of the ZonilNr Ordinance. Fence/Wall Permit Required A "no -fee" Ferree/Wall Permit is required from the City Planning Division prior to installation. alteration. or relocation of a Fence or Retaining Wall. (E-mail is: Planriing(a ph,morithmra.goi,) Exceptions: • Fences higher than 7 feet shall instead require prior approval of a Building Permit from the City Building Division. lE-rnail is: Irtspections(apli'mouthmn.gov) • Retaining Walls higher than q feet shall instead require prior approval of a Building Permit from the Cit} Building Division. Such Retaining Walls must be designed by an engineer and must include a safetti fence at the top that measures at least 3.5 feet in height. • Fences ? feet high or lower that directly surround a garden do not require a Fence/Wall Permit, provided they are set back at least 6 feet from lots lines. Such fencing is exempt from the Fence Design and Materials standards provided herein. • Hedge Rows/Plantings that effectively form a Fence do not require a Fence/Yl'all Permit, and there is no height limitation on such Hedge Rows/Plantings. The centers (roots) of such fledge Rows/Plantings should be set back at least three feet from lot lines, and their foliage shall comply with the Traffic Sight Visibility regulations (from intersections and driveways) set forth in .Seclion 21105.05 of the Zoning Ordinance. Application Requirements for a Fence/Wall Permit --Completed "Fence/Wall Permit Application Form" htt s:// ti Nti N. kmouthmn. lov/home/shoe ublitihcddocunlent'?id=13745 --Lot Survey or Scaled Site Drawing (based on a plat map or aerial photo) showing the proposed location ol` the Fence or Retaining Wall, together with the locations of all easements on the property. Note, The Fence Contractor's estimate/sketch layout does not meet this requirement. --Drawing or Photo showing the design, materials, & height of the proposed Fence or Retaining Wall. Fence/Wall Location Private Fences and Retaining Walls are not allowed on public land (e.g., street boulevards, street rights -of -way, trail outlots, parks, etc.). Additionally, they shall not: 1) be placed within a wetland or required wetland buffer: 2) cross over a rain garden/filtration basin/infiltration basin, or 3) extend below the Ordinary High Water Level of any lake, stream, or water -quality detention pond. Fenccs may extend to the lot lines (no setback required), except as follows: • Fences shall not be placed within a Utility Easement that contains publicly maintained water or sewer pipes, unless otherwise permitted via City -approved encroachment agreement. • Fences shall not be placed within 3 feet of public sidewalks or trails. • Fences for tennis courts or other recreational courts shall not be located within a required front yard area, and shall be set back at least b feet from side and rear lot lines. Refer to the Zoning Ordinance or consult with city staff regarding specific height and design regulations for such fences. Retairfin,,r ff_cr//v shall not be located within a Drainage Easement, unless otherwise permitted via City -approved encroachment agreement. Drainage Fences & Retaining Walls shall be designed, constructed, and maintained in a manner that does not impede or increase off -site drainage flow. Installation & Maintenance When installing a Fence or Retaining Wall, no physical damage of any kind may occur to neighboring properties unless allowed by agreement with the affected neighboring landowners. Fences & Retaining Walls shall not be allowed to become or amain in a condition of disrepair or danger, nor shall they constitute a nuisance. Both sides of any fence shall be maintained in a condition of reasonable repair and appearance by its owner. Prior to installation, consider how you would gain access to maintain (repair, paint/stain) both sides of the Fence in the long term, as well as howN ou would maintain your yard areas on both sides of the Fence. Fence Design & Materials • If the design of the Fence is such that support posts or stringers would be -visible, the posts and stringers must be located on the inside of the Fence — such that the finished side of the Fence faces outward toward neighboring properties or rights -of -way. • Chain link fences shall include a top rail with barbed ends toward the ground. • Fences shall not be constructed ofchicken wire. welded wire, plastic deer fence netting or similar, snow fence, branches, or materials originally intended for other purposes. • Metal T- or U-posts are prohibited, except for agricultural uses in the FRD zoning district. Fence [[eight "Fence Height" — The distance between grade (natural ground elevation below the fence) and the fence's highest projection, including support posts and any post caps. Sce graphic. "Fence Opacity" — See description and graphic provided later in this Information Handout. "Equivalent" Side or Rear Yard • Corner lots and through lots (lots with street .Post Body of fence (actual fence panel) Gap to grade frontage on opposite ends) have more than i front yard. as the area between the home and each street is defined as a front yard. If the front yard area located at the side and/or rear of the home abuts an Arterial Roadway, Major Collector Roadway. or other public street where driveway access has been prohibited. such front yard areas qualify as an "Equivalent" side or yard for purposes of determining allowable fence height. A "Road Classification Map" showing Arterial and Major Collector Roadways is provided at the end of this Information Handout. "Visibility Triangle"— Fence Height shall not exceed 3.5 feet if located within a required visibility triangle. as described later in this Information Handout pursuant to Section 21105.05 of the Zoning Ordinance. w-MAXIMUM FENCE HEIGHT ALLOWED IN FRONT YARDS (excludes front yards that qualify as "Equivalent" Side or Rear Yards, as described above): • Fence height for Fences located within the "required front yard setback area for the home" (which is 25 feet min. for Local Streets 'Collector Roadways, & 50 feet min. for Arterial Roadways) are limited as follows: o If the opacity of the Fence is 50 percent or more, the Fence Height shall not exceed 3.5 feet — provided the body of the Fence (actual fence panel) does not exceed 3 feet in height. o If the opacity of the Fence is less than 50 percent, the Fence Height shall not exceed 4.5 feet - provided the body of the Fence (actual fence panel) does not exceed 4 feet in height. (C oniinued on next 1)age. ) --MAX. FENCE HFIGH,r ALLOWED IN FRONT YARDS (continued): For corner lots, ifthe rear wall of the home (wall opposite the wall where the Rear -to -Rear home is addressed) faces the rear wail of the 110rne on the abutting lot behind it, Fences located in the required front yard area that lie 6.5' max ;, -2 between the side fence ht I Lot Line j wall of the home& --- --- ---� the abutting side aD street, and that also' Local/Minor Collector Street? lie between the rear wall of the home & �`-`-- -- I --- -- --� 25' min the rear lot line ma) be up to 6.5 feet in l fence ht ; height — provided the body of the I Fence (actual fence panel) does not Lot Line exceed 6 feet in - height. See c irarjAic. v 1 These Fences can be of any opacity. Rear -to -Side • Fence height for Fences not located within the "required front yard setback area for the home" (which is 25 feet min. for Local Streets ICollector Roadways. & 50 feet min. for Arterial Roadways) may he up to 6.5 feet in height provided the body of the Fence (actual fence panel) does not exceed 6 feet in height. These Fences can be ofany opacity. --MAXIMUM FENCE HEIGHT ALLOWED IN SIDE YARDS, REAR YARDS, & "EQUIVALENT" SIDE OR REAR YARDS: * Fence height shall not exceed 6.5 feet provided the body of the Fence (actual fence panel) does not exceed 6 feet in height. These Fences can be of any opacity. Fence Opacity "Fence Opaeihv" —The degree to which light or views through the fence are blocked. A solid board fence has an opacity of 100 percent, whereas a wrought -iron fence typically has an opacity of less than 50 percent. See graj)hic. Fence Opacity determines the allowable fence height within the "required front yard setback area for the home". as previously described in this Information landout. Swimming Pools Access to private residential pools shall be controlled through the use of fencing or walls. Such structures shall be: 1) at least 5 feet high-, and 2) constructed without hand- or foot -holds that would enable climbing over it. Any entrances shall be equipped with self-closing/self- latching gates capable of being locked. Traffic Sight Visibility Fence Opsc4 Opacity (the degree to which fight cr views are blodwil) is measured perpendicular to the fence for each farce section between supports. Support more man IOU% opaque As previously stated, in no case shall Fence Height exceed 3.5 feet if located within a required -visibility triangle" for an intersection or driveway. --Front Interseetions: For lots located at the intersection of 2 or more streets or roadways, the "visibility triangle" is formed by measuring 30 feet back from the projected curb lines along each street curb or roadway. and then connecting the points. Secs Grtiphic. !—Right-of-way 'I I I Lot Line I I _.._.._.._.._.._.._.._.. ._..---_.._.._.._.._.._ Projected Curb Line -T - -30'-- Street r 30 visibility triangle street Traffic Sight Visibility (continued) --From Drivewars: • For driveways that access Local Streets or Collector Roadways, the "visibility triangle" is formed by measuring 15 feet back in each direction from the point where the edge of the driveway meets the Local Street or Collector Roadway, and then connecting the points. See Graphic. • For driveways that access Arterial Roadways, the "visibility triangle" is formed by measuring 30 feet back in each direction from the point where the driveway edge meets the Arterial Roadway. and then connecting the points. See Graphic. r i House i House i House CD II Driveway I Driveway I tl reway F jt' —Sight visibility triangle Local or Collector Street o F Curb Building i ; Building I � Building }~ 011veway I Driveway I Driveway �- 3 ° Roadway r m i *Tips for Locating Lot Lines are Sight visibility triangle Curb -- Unfortunately, locating lot lines is not a service the Cit} is able to provide. If you are unable to locate your lot lines, you should contract with a Licensed Surveyor to locate the lot lines for you. If you are able to locate the Monument Irons that were installed at lot corners'lot bends prior to home construction. pull a taut string between the Monument Irons to locate the lot lines. *Tips for Locating Lot Lines (continued) Use a cope of your Lot Survey, a metal detector (free Apps available on your smartphone), and a long tape measure to assist in locating the Monument irons and lot lines. If you do not have a Lot Survey in your property records, the City may have a copy of the "proposed survey" from when the home was originally constructed. To check on whether the City may have a copy of the "proposed survey" for your lot. go to the City's website at: www.plymouthri-in.gov — Then click on "Property Info' in the upper right corner of the homepage, then enter your property address on the Address line and click `Search then click on the "Building Department' tab to see if there is a survey in the 'Attachments' section. If so, click on `View' to the right of the survey. Note: Microsoft Edge or (Toogle Chrome work well. Front lot lines are not located at the street curb. Although homeowners are responsible for mowing and maintaining the street boulevard (public street right-of-way area for snow storage, etc.) between their front lot line and the street curb, front lot lines are generally located l 1 feet to 15 feet (or more) behind the curb. Gopher State One: Stay Safe! Call 811 before you Dig. Gopher State One will locate & mark underground utilities. This is a free service. www.gopherstateonecall.org 2/24122, 12:49 PM ARTICLE VI. - FENCES I Code of Ordinances I Minneapolis, MN I Municade Library 535.420. - Fence height. M 1N 1WEA Polo 15 Fence height shall be limited by its location as specified below. Except as otherwise provided in sections (1) and (2) below, the maximum fence height may be increased by two (2) feet if the entire fence is constructed of open, decorative, ornamental fencing materials that are less than sixty (60) percent opaque. For purposes of this provision, vinyl coated chain link shall qualify. In no case shall a fence exceed eight (8) feet in height, regardless of location. (1) Front yard. Fences located in the required front yard shall not exceed three (3) feet in height. The maximum fence height may be increased by one (1) foot if constructed of open, decorative, ornamental fencing materials that are less than sixty (60) percent opaque. (2) Corner side yard. Fences located in the required corner side yard shall not exceed three (3) feet in height. The maximum fence height may be increased by one (1) foot if constructed of open, decorative, ornamental fencing materials that are less than sixty (60) percent opaque. In addition, the maximum height may be increased to six (6) feet beginning at the point of intersection of the corner side wall and the rear wall of the principal structure to the rear lot line. For the purpose of this section, open decks and porches shall not be considered part of the principal structure. Figure 535-1 Maximum Fence Height Figure 535-1 Maximum Fence Height Fence height Fence Height 4 ft > <— ; ft I> Interior Side Yard l'enue Rear Front fence Height Deck Dwelling Yid Height Ward g Eft 3ft Point of Intersection Corner Side Yard Fence Height 6 ft — > <—fence height 3 ft https:lilibrary.municode.comlmnlminneapolisleodeslcode_of_ordinances?nodeld=MICOOR TIT20Z000 CH535REGEAP ARTVIFE ill 1670 Stieger Lake Lane PO Box 36 Victoria, MN55386 P - 952-443-4210 Zoning Permit Information Sheet 3- F - 952-443-2110 www.ci.victoria.mn.us Save or scan application & supplemental materials and send to bldgpermits@ci.victoria.mn.us Fences Fences are any structure serving as an enclosure or barrier for protection, privacy, screening or confinement, but not including hedges, shurbs, trees, or other natural growth.. The construction of fences can include the following material: chain -link, steel, aluminum, masonry, or wood. ■ The finished side of the fence, not the structural supports, must face the abutting property or street ■ If the fence is built away from the property line, the property on both sides of the fence must be maintained ■ Chain -link fences must be constructed with a minimum gauge of 11 ■ A decorative fence is the only type of fence permitted in the front yard and front side yards • Decorative fences cannot exceed three feet in height or have an opacity greater than 50% ■ Fences 7 feet and under require a zoning permit, fences over 7 feet require a building permit ■ A copy of a certificate of survey, drawn to scale, indicating the proposed location of the fence is required Visit Town & Country Fence at www.tcfence.com for all of your fencing needs. Or call (763) 425-5050 Retaining Walls ■ Retaining walls may not be located in an easement ■ Retaining walls 4 feet and under require a zoning permit, those over 4 feet in height will require a building permit ■ A copy of a certificate of survey, drawn to scale, indicating the proposed location of the retaining wall(s) is required Driveway Alteration ■ The maximum width of a driveway in a residential district at the right of way property line and curb must not exceed 24 feet. ■ A copy of a certificate of survey, drawn to scale, indicating the location and width of the driveway is required Sheds and Accessory Structures ■ Sheds and small accessory structures, 200 square feet or less, require a zoning permit. Accessory structures larger than 200 square feet require a building permit; structures 900 square feet or larger require a conditional use permit ■ The zoning permit requires the submission of a copy of a certificate of survey, drawn to scale, showing: • The location and dimensions of the shed/accessory structure • The setback measurements ■ Accessory structures and sheds may not be located • In the front or side yard • Within 10 feet of the principle structure • In an easement ■ Sheds may not exceed 12 feet in height ■ Setback requirements for sheds are: • Minimum 6 feet from the side lot line • Minimum 10 feet from the rear lot line ■ Sheds may not be freestanding, they must be anchored • A floating slab is acceptable TAB 3 GATE 3D IMAGES (RENDERINGS TO SHOW CONCEPT ONLY) ENTRY GATE - 30 IMAGERY brunet residence - 6609 horseshoe curve, chanhassen, mn TRAVIS VAN LIERE STUDIO LANDSCAPE ARCHITECTURE RENDERiNCB TO 9HO CONCEp ONLY ENTRY GATE - 3D IMAGERY bruner residence 6609 horseshoe curve, chanhassen, mn TRAVIS VAN L15RE STUDIO LANDSCAPEAPCHITECTUPE ENTRY GATE - 3D IMAGERY brunet residence - 609 horseshoe curve, chanhassen, mn TRAVIS VAN LIERE STUDIO LANOSCAPE ARCHITECTURE ENTRY GATE - 3D IMAGERY pruner residence - 6609 horseshoe curve, chanhassen, mn TRAVIS VAN L1ERE STUDIO LANDSCAPE ARCHITECTURE ENTRY GATE -3DIMAGERY hruner residence 6609 horseshoe curve, hanhas.en, mn TRAV1S VAN uERe sTunfn JF TAB 4 UPDATED VARIANCE MATERIALS FROM LANDSCAPE ARCHITECT O 7 lilj0 �6� ar Q J 4 W- 6�91 �i gH FF" Nw 2 C L ! g i dy � OOZ u o � a 4 o « ay V-100'Do 4 yyR mleI�� 4 J'11q y`i i73Se:p a *�, y n ! 4e4 [K � 1 j a•, �a€ gay i �� tt��9gj enei aye R €1!1e31 :1569f€��I�axxer:.aes€tAayye.c i94444Y ��4e ��€_r3ae�a@...�P$�o$ :t�_ee�eee y sg €Y45�� . .o.... .. x� a�� H Rw� f; ; 4 hY�€ }; t �fA� f'o �d N yR } B L 0 z R 3 W n 4y ; 6e�4 i ui U z w 0 V) WCL w U V7 Wz zo Dz W W Q� Y U CL w U z a a © N W N 2 0 V'I N 0 C QN 2!' a� H Z N LLu o u���i zc-- w 90 z 9 Eli zg Ny j xke ei� !1 - Z4 a�MEE 1WIY �A k p� n HIMI I I gig R; WPM, 'y _... . . 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