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.