PC Staff Report 04-19-22Planning Commission Item
April 19, 2022
Item 204 W. 77th Street: Consider a Request for a Variance to Permit a Six-Foot
Privacy Fence
File No.Planning Case No. 2022-05 Item No: B.1
Agenda Section PUBLIC HEARINGS
Prepared By MacKenzie Young-Walters, Associate Planner
Applicant
Benjamin Campion
204 W. 77th Street
Chanhassen, MN 55317
Present Zoning Single Family Residential District (RSF)
Land Use Residential Low Density
Acerage 0.19
Density NA
Applicable
Regulations
Section 20-615 “Lot Requirements and Setbacks”: Establishes a 30’ front yard
setback for the RSF district.
Section 20-123 “Height”: States that opaque fences within the front yard
setback may not exceed 3’ in height and that for corner or double fronted lots
the front yard is determined by the location of the garage.
SUGGESTED ACTION
"The Chanhassen Planning Commission, acting as the Board of Appeals and Adjustments, approves
a variance to permit the applicant to construct a six-foot privacy fence within the front yard setback
along Erie Avenue, subject to the conditions of approval, and adopts the attached Findings of Fact
and Decision."
SUMMARY
3
The applicant is proposing to add a six-foot privacy fence off the side of their house to enclose their
side and rear yard. Due to the property’s atypical lot shape and the home’s nonconforming 5.9-foot
front yard setback, they are requesting a variance from the City’s 3-foot height limit for opaque fences
within the front yard setback.
BACKGROUND
According to Carver County Records, the house was built in 1900.
In August of 2003, the City approved the existing fence. While a small portion of this chain link fence
exceeded the height limit, it was determined to substantially comply with the City Code.
Note: Several other permits are on file for maintenance; however, since they do not impact the
property’s setbacks or lot cover, they have not been included.
DISCUSSION
The applicant is proposing to construct a six-foot opaque privacy fence to enclose their home’s side and
rear yard. Since their house has a nonconforming 5.9-foot front yard setback, a fence extending from
the side of the house would be within the required 30-foot front yard setback. Within the 30-foot front
yard setback, opaque fences are limited to a maximum height of three feet, so a variance would be
required to permit the proposed fence. The applicant has stated that the intent of the proposed fence is to
allow friends and family to enjoy the property in a more private setting.
The applicant has observed that the home’s placement on the corner lot does not allow for much privacy
and they have noted that due to the home’s nonconforming front yard setback they cannot construct a
privacy fence similar to what is present on other corner lots in the neighborhood without a variance.
They have indicated that they believe the house’s placement on the corner lot creates a unique
circumstance that justifies the requested variance. Finally, they have stated that they believe the
proposed privacy fence would grant them a use of their property similar to what is enjoyed by other
homeowners in the area.
Staff believes that the prohibition on tall opaque front yard fences helps to maintain the aesthetic
character of neighborhoods and ensures the safe movement of vehicles along the City’s roads by
preventing the obstruction of sightlines. In this case, the presence of a large right-of-way between the
property and street, the existing placement of the house, and the placement of neighboring homes all
mitigate the aesthetic impact of the requested variance. Additionally, the proposed fence is clear of all
sight distance triangles and there are no nearby driveway accesses that could be negatively impacted by
the proposed fence. These factors combined with the fact that the applicant’s proposed placement and
configuration of the fence is typical for a residential property leads staff to recommend approval of the
variance request.
RECOMMENDATION
Staff recommends the Planning Commission, acting as the Board of Appeals and Adjustments, approve
a variance to permit the applicant to construct a six-foot privacy fence within the front yard setback
along Erie Avenue, subject to the conditions of approval, and adopt the attached Findings of Fact and
Decision.
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1. A zoning permit must be obtained before beginning any construction.
2. 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.
ATTACHMENTS
Staff Report
Findings of Fact and Decision
Variance Document
Development Review Application
Narrative
Written Justification
Certificate of Survey
Affidavit of Mailing
5
CITY OF CHANHASSEN
PC DATE: April 19, 2022
CC DATE: May 9, 2022 (if necessary)
REVIEW DEADLINE: May 17, 2022
CASE #: PC 2022-05
BY: MYW
SUMMARY OF REQUEST:
The applicant is proposing to add a six-foot privacy fence off the side of their house to enclose
their side and rear yard. Due to the property’s atypical lot shape and the home’s nonconforming
5.9-foot front yard setback, they are requesting a variance from the City’s 3-foot height limit for
opaque fences within the front yard setback.
LOCATION:204 West 77th Street
APPLICANT:Benjamin Campion
204 West 77th Street
Chanhassen,MN 55317
PRESENT ZONING: Single Family Residential District
(RSF)
2040 LAND USE PLAN: Residential Low Density
ACREAGE:.19 acres DENSITY: NA
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 proposing to construct a six-foot opaque privacy fence to enclose their home’s
side and rear yard. Since their house has a nonconforming 5.9-foot front yard setback, a fence
extending from the side of the house would be within the required 30-foot front yard setback.
Within the 30-foot front yard setback,opaque fences are limited to a maximum height of three
feet, so a variance would be required to permit the proposed fence. The applicant has stated that
PROPOSED MOTION:
“The Chanhassen Board of Appeals and Adjustments approves a variance to permit the applicant
to construct a six-foot privacy fence within the front yard setback along Erie Avenue,subject to
the conditions of approval, and adopts the attached Findings of Fact and Decision.”
6
204 West 77
th Street
April 19, 2022
Page 2
the intent of the proposed fence is to allow friends and family to enjoy the property in a more
private setting.
The applicant has observed that the home’s placement on the corner lot does not allow for much
privacy and they have noted that due to the home’s nonconforming front yard setback they
cannot construct a privacy fence similar to what is present on other corner lots in the
neighborhood without a variance. They have indicated that they believe the house’s placement
on the corner lot creates a unique circumstance that justifies the requested variance. Finally, they
have stated that they believe the proposed privacy fence would grant them a use of their property
similar to what is enjoyed by other homeowners in the area.
Staff believes that the prohibition on tall opaque front yard fences helps to maintain the aesthetic
character of neighborhoods and ensures the safe movement of vehicles along the City’s roads by
preventing the obstruction of sightlines. In this case, the presence of a large right-of-way
between the property and street, the existing placement of the house, and the placement of
neighboring homes all mitigate the aesthetic impact of the requested variance. Additionally, the
proposed fence is clear of all sight distance triangles and there are no nearby driveway accesses
that could be negatively impacted by the proposed fence. These factors combined with the fact
that the applicant’s proposed placement and configuration of the fence is typical for a residential
property leads staff to recommend approval of the variance request.
APPLICABLE REGULATIONS
Section 20-615 “Lot Requirements and Setbacks”: Establishes a 30’ front yard setback for the
RSF district.
Section 20-123 “Height”: States that opaque fences within the front yard setback may not exceed
3’ in height and that for corner or double fronted lots the front yard is determined by the location
of the garage.
BACKGROUND
According to Carver County Records the house was built in 1900.
In August of 2003, the City approved the existing fence. While a small portion of this chain link
fence exceeded the height limit, it was determined to substantially comply with the City Code.
Note: Several other permits are on file for maintenance; however, since they do not impact the
property’s setbacks or lot cover, they have not been included.
SITE CONSTRAINTS
Zoning Overview
7
204 West 77
th Street
April 19, 2022
Page 3
The property is a roughly triangular shaped corner lot zoned RSF. This zoning classification
requires a minimum lot size of 15,000 square feet, 30-foot front yard setbacks for yards with
street frontage, 10-foot side yard setbacks for yards without street frontage, and limits parcels to
a maximum of 25% lot cover. Opaque fences within the front yard setback of the front yard
which provides driveway access to the road are limited to a maximum height of 3-feet and chain
link fences within this area are limited to 4 feet in height.
The lot has a nonconforming 8,276-square foot lot area with approximately 1,340 square feet of
lot cover resulting in approximately 16.2 percent lot cover. The principle structure’s garage has a
nonconforming 1-foot front yard setback from Erie Avenue and the dwelling area portion of the
structure has a nonconforming 5.9-foot front yard setback from Erie Avenue. The principle
structure also has a nonconforming 25.2-foot front yard setback from West 77th Street. A portion
of the existing 5-foot high chain link fence is located within the front yard setback of Erie
Avenue.
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
Unplatted
The property is located in a small neighborhood of unplatted
lots north of the City Lots of Chanhassen and bordered to the
north and west by the Frontier subdivisions and to the east by
the South Lotus Lake Subdivisions. The unplatted lots in this
area are a hodgepodge of shapes and sizes with many of the
properties having nonconforming elements. Within the
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204 West 77
th Street
April 19, 2022
Page 4
neighborhood, the applicant’s parcel is the smallest and most constrained due to its being a
triangularly shaped corner lot.
Known Variances Within 500 Feet:
201 Chan View:1979-13: Approved - 5’ side and 25’ rear setback (detached garage)
202 W. 77th St.:1986-05: Approved - 2’ side setback (detached garage)
203½ Chan View:1980-05: Approved - 5’ side and 20’ rear setback (detached garage)
221 Chan View:1976-16: Approved - 4’ front setback (house)
222 Chan View:1983-13: Approved - 7’ side setback (garage)
226 Chan View:1999-06: Approved - 18’ front and 10’ front setback (addition and
detached garage)
7701 Frontier Trail:2020-11: Approved - 30’ front setback (porch)
ANALYSIS
Front Yard Fences
The applicant’s lot is a triangle shaped corner
lot with driveway access off of Erie Avenue.
The City Code limits the maximum height of
privacy fences within the 30-foot front setback
off of Erie Avenue to three feet. Due to the lot’s
substandard depth and the nonconforming
location of the home, large portions of the
property’s side and rear yards are subject to the
three-foot height limit. The applicant’s
proposed six-foot high privacy fence would
maintain the home’s 5.9-foot front yard setback
in order to enclose the side and rear yards.
The applicant has noted that the lot’s unique
configuration, i.e. triangular, and status as a corner lot mean that all of the property’s yard is
highly visible from the public right-of-way and neighboring properties. The applicant has
observed that the City Code allows for homes on corner lots to enclose their rear and side yards
with privacy fences, but that, due to their home’s nonconforming front yard setback, they cannot
construct a privacy fence without a variance. Finally, they have stated that similar privacy fences
can be found on other corner lots within the neighborhood and that they do not believe that their
proposed fence would negatively impact surrounding properties.
9
204 West 77
th Street
April 19, 2022
Page 5
When evaluating requests for deviations from the City’s fencing
standards, staff is primarily concerned with the proposed
fence’s potential to impact the character of the neighborhood
and potential to negatively impact traffic safety by obscuring
site lines. Of these two considerations, the latter is the most
straightforward to assess. In this case, neither Engineering nor
Planning staff have any concerns about the proposed fence’s
potential to impact traffic safety. The proposed location is
outside of both the intersection and driveway sight distance
triangles, and there are no nearby neighboring driveways on the
east side of Erie Avenue that could potentially be impacted by
the proposed fence.
Evaluation of the potential impact on the neighborhood is
inherently more subjective; however, staff looks at the potential for the variance to lead to the
proliferation of front yard fencing, the presence of similar fencing within the area, the location of
the proposed fence in relation to the property’s home and the homes on nearby properties, and
the overall visual impact of the proposed fence. Since there are a very small number of
substandard triangular corner lots in the City with homes that do not meet the required front yard
setback, staff does not believe that granting a variance in this case could be used as justification
for the widespread granting of variances for deviations from the City’s front yard fencing
standards.
The requested variance is also in line with the broad intent of the City’s fencing ordinance,
which is to allow for privacy fences to enclose side and rear yards while leaving the front yard,
i.e. the area between the right-of-way and front plane of the house, open. On most properties in
the city, the front yard is commensurate with the required front yard setback so a fence extending
from the side of the house will be outside of the required setback; however, in the case of the
applicant’s property, the home is located between one foot and 5.9 feet from the front lot line.
This means that in this case a fence maintaining the main home’s nonconforming 5.9-foot front
yard setback would leave the property’s front yard open, despite the fact that the fence would be
located within the required 30-foot front setback. While the presence of a privacy fence in the
previously open section of the yard will undoubtable be noticeable, the loss of open yard space is
partially offset by the 20 feet of right-of-way that is present between the edge of the curb on Erie
Avenue and the property’s front lot line.
10
204 West 77
th Street
April 19, 2022
Page 6
As the applicant has noted, a corner lot across the street has a
privacy fence which encloses the rear and side yard, and rear and
side yard privacy fences are not an atypical uses within the City’s
residential neighborhoods. Staff would also note that the
applicant’s eastern neighbors could install privacy fences closer to
Erie Avenue than the applicant is proposing without a variance,
due to the fact that they are double frontage lots with driveway
access off of West 77th Street. Given this, it is very difficult to
maintain that the requested fence variance would represent a
significant departure from what is permitted by the City Code in
this area or that it would negatively impact the surrounding area.
RECOMMENDATION
Staff recommends the Planning Commission, acting as the Board of Appeals and Adjustments,
approve a variance to permit the applicant to construct a six-foot privacy fence within the front
yard setback along Erie Avenue, subject to the conditions of approval, and adopt the attached
Findings of Fact and Decision.
1.A zoning permit must be obtained before beginning any construction.
2.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.
ATTACHMENTS
1. Findings of Fact and Decision
2. Variance Document
3. Development Review Application
4. Variance Narrative
5. Written Justification
6. Proposed Plan and Survey
7. Affidavit of Mailing of Public Hearing Notice
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11
1
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. 77
th 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 SW¼ of the SE¼ of Section 12-116-23, described as follows: Commencing at
a point where the East line of the said ¼ ¼ 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 ¼ ¼; 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
12
2
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.
13
3
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:
Mark von Oven, Chairperson
g:\plan\2022 planning cases\22-05 204 w 77th fence var\findings of fact.docx
14
1
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
VARIANCE 2022-05
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby
grants the following variance:
The Chanhassen Board of Appeals and Adjustments approves a variance to permit the
applicant to construct a six-foot privacy fence within the front yard setback along Erie
Avenue, subject to the conditions of approval.
2. Property. The variance is for a property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described as follows:
That part of the SW¼ of the SE¼ of Section 12-116-23, described as follows: Commencing at a
point where the East line of the said ¼ ¼ 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 ¼ ¼; thence South along aide parallel line 105.45 feet to the point of beginning,
Carver County, Minnesota.
3. Conditions.The variance approval is subject to the following conditions:
1.A zoning permit must be obtained before beginning any construction.
2.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.
4. Lapse. If within one (1) year of the issuance of this variance the allowed construction has not
been substantially completed, this variance shall lapse.
15
2
Dated: April 19, 2022 CITY OF CHANHASSEN
BY:
Elise Ryan, Mayor
(SEAL)
AND:
Laurie Hokkanen, City Manager
STATE OF MINNESOTA )
(ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of ,
2022 by Elise Ryan, Mayor, and Laurie Hokkanen, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by
its City Council.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
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16
Pc r+-o5
CO f UN]TY OEVELOPTEI{T DEPARTMENT
Planning Division - 7700 Market Boulevard
Mailing Address - P.O. Box 147, Chanhass€n, MN 55317
Phone: (952) 227-1100 / Fax (952) 227-1110
"o"-o*3)rd la:-PC Oate:
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APPLICATION FOR DEVELOPMENT REVIEW
CITY OT CIIAI'IIIASSII'I
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Section l: Application Type (check all that apply)
(M. to tE ewq.bE Applirbn ClEcUid lot tcquhd subnittal info'mal*x1thd mus, @irpany this ap{irrdtoo)
E Co.npreherEi\re Plan &nendm6r .
E Minor MUSA line ior failing on-site seurers
fl Conditirnal Use Permit (CUP)
E Single-Family Residence $32s
il25E lu oners.......
E lnterin U$ Pemit 0UP)D ln coniunclion with Single-Family Residence.. $325E ntoners....... ....................$425
El Rezoning (REz)! Planned Unit De\r6lopment (PUD)$750
trtr All Others.
Minor Amendment to existing PUD................. $1m
E Sign Phn Review....
E Site Ptan Review (SPR)
! Create over 3 bts $600 + $15 per lot(_tds)
E U€fes & Born& (2 lots).................................. $300
! Lot Line Adjustrnent
! Final Plat
(lnctudeo $450 escrow br atbmcy coste)'
'Addliil|d cl.I rllly b! ]lqrtd br dE applcrtiqE
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! Vacation of Easernents/REhtof{rey (VAC)........ $300
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$5oo E Variance (VAR)$200
s150 E Wethnd Alteration Permil (WAP)
n Single-Family Residence......
... s600
...$1m
! Subdivision (SUB)
! Create 3 lds or less $300
$150
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E Property otrnero' List within sfi)' (ciy !o gnprrb Jrr Flrpprcdion ;il;;i ..$3 per addr*s
Use Permit
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Easements (_ easements)
E Site Plan Agreernent
! Wbtland Atteration Permit
l-'l oeeos
6rag ree, 5615.00
$50 per document
Section 2: Required lnformation
Descridbn of PropGal: l'd like to replace and lengthen existing fence with a 6ft tall white vinyl orivacy fence. I would
follow current setback angles seen in attached Cert of Survey.
204 W 77th StreetProperty Address or Location:
Parcel #: 250122500 See Description on Cert of SuNey
Total Acreage:0.19 Wethnds Present? n Yes U No
Presenl Zoning:Single-Family Residential Olstrict (RSF)Requested Zoning Select One
Present land Use Oesignation:Residential Medium Der Requested Land Use Designation Select One
Existing Us€ of Property:Single Family Residence
fl Escrow for Recording Oocumonts (ch€ck allthet
E Conditional Use Pennit
E vffitbn
E Metes & Boun& Subdivisbn (3 docs.)
Legal Description:
Echeck box if separate nanative is attached.
17
Section 3: Property Owner and Applicant lnformation
APPUCAI{T OTHER THAN PROPERTY OWilER: ln signing this appllEtion, l, as applicant, reprBent to have obtained
authorization from the propeo o^mer to file thas applicdion. I agree to be bound by conditaons of approval, subjec;t only to
the right to ob,ect at the hearings on the applicdbn or during the appeal penod. lf this appliSion has not been sitJned by
the property owner, I have dtached seperate documentatbn of full leg6l capacity to ftle the applicetion. Thb application
should be proc6sed in my neme and I am the party whom the City should contact regardirE any matter penaining to this
applkztbn. I will ke€p m)6€[ informed of the deadlines for submission of material and the progress ol this application. I
further understand that additionalfeos may be charg€d for consulting fees, feasibility 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 corecl.
Name:
Address:
City/Statezip
Email:
Cell:
Fax:
Signature:
PROPERW OWNER: ln signing this applk:ation, l, as property owner, have full legal capacity lo, and hereby do,
authoEe the filing of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subjecl only lo the rigfrt to ob,iect at the hearings or during the appeal p€rbds. I will keep mlaef anformed of
the deadlines for submission of material and the progress of this applicatirn. I further understand that additional fees may
be charged for consutting fees, feasibility studies, etc. with an eslimate prbrto any authorization to proceed with the
study. I c€rtify that the information and exhibits submitted are true and conect.
Name:BENJAMIN CAMPION Contacl:
Phone:Address:204 WEST 77TH STREET (952) 217-772s
City/State/Zip:
Email:
CHANHASSEN MN 55317 Cell:
Fax:BENJAMINJCAMPION@GMAIL.COM
sig n"1ur". Ben Campion Cl'ti.lt 3ln.d !, &. C.hpir
Date:3t1612?o3r. 2022 03 16 13 15 05-0500
This +plicatbn must be complet€d in full and must be accornpanied by all infiormatbn and plans Gquired by
appliceble City Ordinanco provisions. Bebre filing this applicaton, refer to the appropriate Appli€tion Chedlist
and conter with th6 Planning Departrnent to determine the specific ordinance and appli:able procedural
rcquirenrenB and fe6.
A determinatbn of cornpleteness of the applicdion shall be made withan 15 businBs days of application submittal. A
written ndkE of applicetion d€ficiencies shall be mailed to the appli€nt within 15 business da)6 of application.
PROTECT ENGINEER (if appli=ble)
Contact:
Phone:
Cell:
Fax:
Who should r€caive coplss of staff t€ports?'Other Contact lnformation :
! Mailed Paper copy Name:!!tr
Maihd Paper Copy
Mailed Paper Copy
Mailed Paper Copy
Addre6s:
INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, th€n select SAVE FORM to save a copy to your
devbe. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital
PRINT FORM SUBfIIIT FORII
Section 4: Notificataon lnformation
E Property Owner Via: E Email
E eppn:ant Ma: E Emailn englne€r Ma: E Emailtr otter' Ma: E Email
city/s-tatezip:
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crwrstatezip:
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SAVE FORMcopy to the city for processing.
18
To whom it may concern,
My name is Ben Campion and I am seeking a fence variance for my single family home located
on 204 West 7lh Street in Chanhassen, MN. There is an existing chain link fence that covers a smaller
portion of the property that I would like to replace, as well increase in size, with a 5ft white vinyl privacy
fence. I believe my residence was built in 1900, one of the oldest in the city, and also prior to any zoning
ordinance being in place. Due to the property being on a corner lot so long ago creates circumstances
unique to the property. Currently, the property doesn't offer much privacy from neighbors and
passersby due to its unique placement. The locality has many properties with similar privacy fences
installed, many of which can be found on corner lots. l'm asking for peaceful, quiet use of my property
that is reasonable and in line with what the zoning ordinance allows for, the issue herein is that the
fence would encroach on the lot lines setback, as it currently does. The property was surveyed prior to
submittal and lwould propose that the replacement fence maintain the existing home setback
distance/angles with the newly installed privacy fence. The fence would then run along the back of
property line to the property corner in an effort to maximize property use as well as allow for friends
and family to enjoy the property in a more private setting. Thank you for your consideration.
Sincerely,
Ben Campion
19
Written justification of how request complies with the findings for Branting a variance
(pursuant to Section 20-58) as follows:
a. Variances shall only be permitted when they are in harmony with the general purposes and
intent ofthis Chapter and when the variances are consistent with the comprehensive plan.
I believe that the installation of a privacy fence for my backyard is in harmony with the genera!
purposes and intent of this chapter, as privacy fences are allowed in the Residential zoned
district my house is located within.
b. When there are practical difficulties in complyint 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.
There are practical difficulties given that when the princ iple structure was constructed the
current zoning ordinances did not exist. The property orvned is proposing to use the property in
a reasonable manner, the variance lies in the need to install a fence that encroaches on ihe
front/side yard setbacks, which were put into effect after ttre construction of the principle
structure.
d. The plight ofthe landowner is due to circumstances unique to the property not created by
the landowner.
The circumstances uoique to the property (house built prior to zoning ordinance, lot setbacks)
were not created by the landowner.
e. The variance, if granted, will not alter the essential character of the locality.
The locality {Residential zoned} has a multitude of singlt: lamily residences with privacy fences
installed, many of which are corner lot3 (akin to the lot l:hat this variance perm,t is being
requestedi.
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.
Not applicable
c. That the purpose of the variation is not based upon economic considerations alone.
The variance being reguested is to install a 6' in height white vinyi privacy fence, of which the
landowner expects to economically benefit from. The desire
's
to have fenced yard, with some
measure oi privacy.
20
21
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTYOFCARVER )
I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on
April7,2022, the duly qualified and acting City Clerk of the City of Chanhassen, Minnesota;
that on said date she caused to be mailed a copy ofthe attached notice ofConsider a request for
variances to permit a six-foot privacy fence. Zoned Single-Famity Residential @SF).
Property Owner: Benjamin Campion 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 owners were those appearing as such by the
records ofthe County Treasurer, Carver County, Minnesotq and by other appropriate records'
Kim . Meuwissen, City lerk
Subscribed and swom to before me
thinday or llonl ,zozz.
I JEAI'J M STECIG|NG iNdry Rffb{lnactartffirEdr.lt$,roa
N ublic
22
Subiect
Parcel
cTAX_NAME>
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Disclaimer
This map as neather a legally recoded map nor a survey and is not intended to be used
asone. This map is a compilation of records, informaton and dalia localed in various city,
county, state and federal offrces and other sources regarding lhe area shown, and is to
be us€d for reference purposes only. me City does not wanant that the Geographic
lnformation System (GlS) Data used to prepare this map are enor free, and the City does
not represent lhat the GIS Data can be used for oavigatonal, tracking or any other
purpose requaring exacfng measurement of distance or dareclion or prec,sion in lhe
depiction ot geographic features. The preceding disdaimer is provided pursuanl to
Minnesota Statules 5466.03, Subd. 21 (2000), and the user of this map acknowiedges
that the City shall not be liable for any damages, and expressly waives all claims, and
agrees to defend, indemnify, and hold harmless the City from any and all claims brought
by User, its employees or agents, or thhd partes which arise oul of the useis access or
use of dala provided.
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This map is neither a l€€ally recorded map nor a survey and is not intended to be used
as one. This map is a compilation of records, ,nformation and data located in various city,
county, state and fedeaaloffices and other sources regarding the area shown, and is to
be used for efe.ence purposes only. The City does not warant that the Geographic
lnformation System (GlS) Data used to prepare this map are enor free, and the City does
not represent that the GIS Data can be used for navigational, tracking or any other
punose requarjng exacting measurement of distance or direction or precision in the
depictron ot geographic features The preceding dasdaimer is provided puBuanl lo
Minnesota Statutes 5466.03, Subd. 21 (2000), and the user of this map acknowledges
that the City shall not be liable for any damages, and expressly vvaives all claims, and
agrees to defend, indemnify, and hold harmless the City from any and allclaims broughl
by User, its employees or agents, or third parties which arise out of the us€/s access or
use of data provided
(Next RecordD(TAX_NAMED
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