Findings of Fact and Decision - Signed CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application for Benjamin Campion for a variance to construct a six-foot fence within the front
yard setback at 204 W. 77th Street.
On April 19, 2022, 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 Single Family Residential District(RSF).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density
use.
3. The legal description of the property:
That part of the SW'/4 of the SE'/4 of Section 12-116-23,described as follows: Commencing at
a point where the East line of the said'/4 '/4 intersects the North line of St. Aloys Street; thence
West along said North line 184.0 feet to the actual point of beginning;thence continuing West
along said North line 122.9 feet to its intersection with the Southeasterly line of St. Joseph
Street;thence Northeasterly along said Southeasterly line of 160 feet;thence Southeasterly at
right angles 25.0 feet to the intersection with a line drawn parallel to and 184.0 feet West of the
East line of said 1/4 1/4;thence South along a parallel line 105.45 feet to the point of beginning,
Carver County,Minnesota.
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: The City Code typically permits privacy fences to enclose the side and rear
yards of properties; however,the nonconforming setback of the applicant's home means
that large portions of both the property's side and rear yards fall within the required front
setback. As the ordinance regulates fence height based on the stipulated front setback
rather than the defined front yard, the City Code would not permit a privacy fence on this
property in the area where it would be customarily be located. The requested variance is a
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deviation from the literal text of the zoning ordinance that is in line with the ordinance's
intent to restrict privacy fences to the side and rear yards of properties.
Additionally, the ordinance restricts the placement of opaque fences within the front yard
in order to ensure that these fences do not interfere with vehicle sightlines. In this case,
the proposed fence is clear of the relevant sight distance triangles and would not
negatively impact traffic safety.
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 enclose their side and rear yards with a privacy
fence is reasonable, given that the City Code would ordinarily allow for the enclosure of
rear and side yards to create private gathering space. It is only due to the unique
characteristics of the property that a variance is required.
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
rather on the homeowner's desire for a private 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 the lot's atypical triangular shape,
substandard size, and status as a corner lot, as well as the home's nonconforming front
yard setback. None of these circumstances were created by landowner.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: Multiple properties in the locality have privacy fences enclosing their rear and
side yards, including the corner lot across the street. The proposed fence would maintain
the existing home's front yard setback and would not negatively impact the aesthetics of
the surrounding area.
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#2022-05, dated April 19, 2022, prepared by MacKenzie Young-
Walters, is incorporated herein.
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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.
b. The location of the fence must be as shown on the survey submitted to the City on
March 17, 2022 as part of variance application Planning Case No. 2022-05.
ADOPTED by the Chanhassen Board of Appeals and Adjustments this 19th day of April,
2022.
CITY OF CHANHASSEN
BY:
Marl: v on Oven, Chairman
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