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PC Minutes 04-19-2022CHANHASSEN PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 19, 2022 CALL TO ORDER: Chairman von Oven called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Mark von Oven, Eric Noyes, Erik Johnson, Perry Schwartz, Ryan Soller, Edward Goff. MEMBERS ABSENT: Kelsey Alto. STAFF PRESENT: Kate Aanenson, Community Development Director; MacKenzie Young- Walters, Associate Planner; Bob Generous, Senior Planner; Joe Seidl, Water Resources Engineer; Erik Henricksen, Project Engineer. PUBLIC PRESENT: Keith Anderson 8043 Cheyenne Avenue Ben Campion 204 W. 77th Street Mike Werth Techniques Construction Mary and Michael Meuwissen 4265 County Road 123, Mayer, MN Ed Szalapski 850 Pleasant View Road Todd Simning Ador Homes Matt Pavek Civil Site Group Dan Blake Black Cherry Development Tim Erhart 9611 Meadowview Drive, Chanhassen, MN Nick Pekarek 202 Chan View Bryce Marsh PUBLIC HEARING: 204 W. 77TH STREET: CONSIDER A REQUEST FOR A VARIANCE TO PERMIT A SIX-FOOT PRIVACY FENCE Associate Planner Young-Walters gave a presentation on the item, noting the Applicant is proposing a 6-foot high privacy fence within the front yard setback. A 30-foot setback is required off Erie Avenue and fences within the setback are limited to three feet in height if opaque or four feet in height if open construction because it is a corner lot. There is an existing 5-foot high chain link fence that is partially within the required 30-foot setback. The Applicant is requesting to install a 6-foot high privacy fence that would maintain the 5.9-foot setback from Erie Avenue. The justification is that the property does not have a lot of privacy because it has street frontages on both sides. The lot’s triangular shape and non-conforming house placement mean that a privacy fence would not be permitted in most of the rear or side yard under City Code. The Applicant has noted that nearby lots including the corner lot across the street have privacy fences and they do not believe their proposal would negatively impact the neighborhood. Staff believes the overall intent of the fence ordinance is to allow for residents to have private rear and side yards and they view this as an exceptional case where, due to the non-conforming placement of Planning Commission Minutes – April 19, 2022 2 the primary structure, the front yard setback does not align with the front of the house. Staff believes the property’s unique shape and size create a practical difficulty and recommends approval. Chairman von Oven opened the public hearing. Chairman von Oven closed the public hearing. Commissioner Noyes moved, Commissioner Johnson seconded that 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. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: 6430 PLEASANT VIEW LANE: CONSIDER A REQUEST FOR A SIDE YARD SETBACK VARIANCE TO PERMIT CONSTRUCTION OF AN ADDITION Senior Planner Generous gave a staff report on the item, noting the house is currently built five feet from the side property line on a non-conforming lot and the proposed expansion would still be under the 25% hardcover limit. The Applicant would like to expand the house along the same plane to extend the garage. The proposed expansion creates a tandem garage with interior storage and expands the living area. Mr. Generous checked on four variances regarding nearby properties and only one was granted for the same reason, to expand the house along the existing plane of the structure. The Applicant wants to maintain the integrity of the building. Staff believes the request is reasonable and recommends approval of the five-foot north yard setback variance with an allowance for the 18-inch eaves. Mike Werth is representing the homeowner and said currently the house is over the setback. He showed plans and explained the design choice. Chairman von Oven opened the public hearing. Chairman von Oven closed the public hearing. Commissioner Noyes stated another case was approved that was almost an identical type of variance request of an addition on the same plane, so there is some precedent they are following. It seems like a reasonable solution. Chairman von Oven said if the neighbors are good with it, he is also, as one cannot tell what is going on back there. Chairman von Oven moved, Commissioner Goff seconded that the Chanhassen Board of Appeals and Adjustments approves a five-foot structure side yard setback variance with an additional 18-inch encroachment for the eaves subject to the to the conditions of approval, and adopts the Findings of Fact and Decision. All voted in favor and the motion carried unanimously with a vote of 6 to 0.