HomeMy WebLinkAboutItem WS 01City of Lakeville
Planning Department
M e morandum
To: Planning Commission
From: Brent Jones, Planning Assistant/Code Enforcement Technician
Date: September 15, 2017
Subject: Packet Material for the September 21, 2017 Planning Commission Work Session
Agenda Item: Fence Variance Discussion with Andy Wiegand, 18624 Irvine Trail
BACKGROUND
Andy Wiegand is the homeowner at 18624 Irvine Trail. The property is zoned RS-3, Single Family
Residential District and is located in the southwest corner of 185th Street and Ipava Avenue.
In August of 2017, Mr. Wiegand submitted a Zoning Permit application for a wooden privacy
fence. The fence was proposed to be 8 feet in height and located 10 feet from the rear property lines
that abut 185th Street and Ipava Avenue. City staff informed Mr. Wiegand that the proposed fence
did not meet the requirements of the Zoning Ordinance, so he inquired about applying for a
variance.
In 2006, the 5 properties directly to the west of the subject property were granted a variance to
construct a 6 foot tall privacy fence with a 2 foot setback from the property line that abuts 185th
Street.
EXHIBITS
A. Aerial Photo
B. Survey
C. Site Plan
D. Property Photos
PLANNING ANALYSIS
Because Mr. Wiegand’s yard abuts public right-of-way, Section 11-21-5 of the Zoning Ordinance
requires that the fence be set back at least 10 feet from the property line abutting public right-of-
way and shall not exceed 6 feet in height. Any fence exceeding 6 feet in height would be required to
meet the required rear yard principal structure setback, which is 30 feet.
2
Mr. Wiegand is fine with having the fence set back 10 feet, but would like the fence to exceed 6
feet in some areas because the proposed location of the fence is lower in elevation than 185th
Street by approximately 3 feet. Mr. Wiegand feels that a taller fence would help cut down on
road noise and allow additional privacy/protection from 185th Street and Ipava Avenue. He
inquired about raising the elevation of the ground where the fence would be constructed, but that
was turned down by engineering staff due to drainage concerns. Mr. Wiegand is proposing an 8
foot fence along 185th Street W, a 6 foot fence along Ipava Ave, and a 7 foot fence facing the
185th Street and Ipava Avenue intersection to connect the two.
When then the 5 properties located to the west of the subject property were granted variances in
2006, the request was slightly different. Those property owners were requesting to encroach into
the required setback, which was 15 feet at the time, but did not request to exceed the maximum
height of 6 feet. The rationale behind granting the variance was that there had been
improvements recently made to the 185th Street and Ipava Avenue intersection, which caused
many trees to be removed. Allowing the fences to be located 2 feet from the property line helped
replace the screening that had been lost due to tree removal, without the property owners having
to lose more of their yard by placing fences 15 feet from the rear property line, as the ordinance
required.
Variances.
Section 11-6-5 of the Zoning Ordinance sets forth seven criteria that must be considered to
determine whether practical difficulties are evident that may warrant the approval of a variance.
Practical difficulties mean that the property owner proposes to use the property in a reasonable
manner not permitted by the Zoning Ordinance. Therefore, the following criteria must be met:
A. That the variance would be consistent with the comprehensive plan.
B. The variance would be in harmony with the general purposes and intent of the Zoning
Ordinance.
C. That the plight of the landowner is due to circumstances unique to the property not
created by the applicant.
D. That the purpose of the variance is not exclusively economic considerations.
E. That the granting of the variance will not alter the essential character of the neighborhood
in which the parcel of land is located.
F. That the requested variance is the minimum action required to eliminate the practical
difficulty.
G. Variances may not be approved for any use that is not allowed by the Zoning Ordinance
for property in the zone where the affected person’s land is located.
Staff looks forward to your input and direction on Mr. Wiegand’s variance request.
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D