Board of Adjustment
Regular MeetingWinona, MN · July 15, 2020
Minutes
BOARD OF ADJUSTMENT
Regular Meeting
DATE: July 15, 2020
TIME: 5: 00 p. m.
PLACE: Zoom Online Meeting
PRESENT: Krofchalk, Murphy, Conway, Kouba, Breza
ABSENT: Sanchez, Buege
Acting Chairman Kouba called the meeting to order at 5: 35 p. m.
No minutes were approved at this time.
Petition No. 20- 21- V, Karen Coleman & Rafael Narvaez
Acting Chairman Kouba opened the public hearing and read the petition:
Karen Coleman & Rafael Narvaez — City Code Section 43. 03. 51( C) which
requires that corner lots whose rear lot line abuts the side lot line of another lot in
an R- District shall not have a six- foot ( 6') fence within 25 feet of the common lot
line, shall be closer to the side street lot line than the front yard setback required
on the lot fronting the side street. Applicant is proposing a six- foot ( 6') fence two
feet from the side lot line which is within the 10- foot ( 10') front setback of the lot
to the rear ( 313 Wilson Street). Property is described as R- 2 zoning, Sect-22,
Twp- 107, Range- 007, ORIGINAL PLAT, Lot- 010, Block- 109, ORIGINAL PLAT E
7th
10' LOT 9 ALL LOT 10, or at 402 West Wabasha ( Street).
Ms. Coleman & Mr. Narvaez, 402 West Wabasha, Winona, MN addressed the
Board. The reason they are asking for the variance is to put up a six foot fence
along the side of their house only two feet from the front of the house instead of
the six feet required for a setback.
Jon Krofchalk asked why they wanted the fence so close and Ms. Coleman said
that there have been some incidences of people trespassing into their yard and
using their playhouse for inappropriate behavior. The fence would provide some
security for those individuals wishing to access their property.
Mr. Narvaez stated the concern about the playhouse and mentioned that
trespassing had been going on for a number of years.
BOARD OF ADJUSTMENT MINUTES
July 15, 2020
PAGE 2
Tom Conway asked about the height of the fence and did it have to be six feet or
could there be an option to put it at 41/ 2 or five feet.
Mr. Narvaez stated that there is an existing six foot high fence and he wishes to
continue with six feet for continuity of both fences.
Tom Conway had mentioned the requirement for a fence as it gets closer to a
sidewalk and that it needs to become lower for visibility and site from adjacent
corners and street traffic.
Dave Kouba mentioned that the placement of the fence would not pose a great
concern for a six foot high fence between the two yards.
Tom Conway reiterated his concern about someone backing out of the adjacent
driveway and with the taller fence making it harder to see.
Jim Murphy also had concerns about being able to see and have clear visibility
coming out of the driveway.
Jon Krochalk asked about the exact location of the fence and the bushes along
the border of the property and the fence location if it would be on the yard side or
the street side of the bushes.
Mr. Narvaez said the fence would be on the yard side of the bushes. He
explained that there would be about two feet from the sidewalk to the edge of the
bushes and the other side of bushes would be the fence.
Staff commented that in reviewing the property from the GIS Mapping it
appeared that the bushes were approximately three feet wide and maybe the set
back of a foot or two, which boils down to the setback from the sidewalk to the
fence to about four feet.
Jon Krofchalk mentioned from his observations on the site that the bushes were
in fact wider and his estimation the setback would be about six feet from the
edge of the sidewalk.
Jim Murphy stated that he was sympathetic to the issues of people accessing the
playhouse but also there is a definite concern for public safety.
Acting Chairman Kouba closed the hearing and opened it up considerations.
Tom Conway requested that if the variance were passed that there was an exact
measurement from the sidewalk to the fence and what would the Board allow for
that measurement to be.
Jon Krofchalk thought a measurement of seven feet from the sidewalk would be
adequate and still maintain a path to get around the backyard.
BOARD OF ADJUSTMENT MINUTES
July 15, 2020
PAGE 3
Ms. Coleman & Mr. Narvaez physically measured some areas in the yard and a
six foot setback would compromise access to areas in the yard.
The Board went through the variance finding questions and question number one
asked if the variance was in harmony with the purpose and intent of the
ordinance? Yes, it is ensuring adequate site lines and visibility based on the
proposed compromise that the Board will have when a motion is made.
Is the variance consistent with the Comprehensive Plan? Yes, fences are the
part of the landscape around town.
Does the proposal put the property to use in a reasonable manner? Yes, it is a
fence.
Are there unique circumstances to the property not created by the landowner?
Yes, it is a problem with the lot configuration.
Will the variance, if granted, retain the essential character of the locality? Yes,
the addition of a fence would not be detrimental to the character of the locality.
Tom Conway made a motion to approve the variance under certain conditions.
The motion was to make a four foot setback and utilizing a clipped corner on the
fence with it being three feet off the driveway and the height of the fence would
be at five feet. John Krofchalk amended the motion by defining that the clipped
corner should be at a forty-five degree angle and that the fence could be six feet
tall. Tom Conway made the amended motion and it was seconded by Jon
Krofchalk.
Acting Chairman Kouba asked for a vote and all the members present agreed to
the motion as it was amended and no one was opposed. Motion carried as
amended.
Petitioner was informed that there was a 10- day appeal period during which time
no action could be taken on the petition.
The Board discussed the variance request for Mitchell Walch that was tabled at
the July 1, 2020 meeting. Jon Krofchalk made a motion to table the request for
two weeks to able to examine the resolutions that were drafted by Staff to make
sure that they were consistent with what the Board was intending.
Tom Conway seconded the motion. The motion was approved by the Board to
postpone the request for two weeks and will be brought back to the August 5,
2020 meeting.
Adjournment
John Krofchalk made a motion to adjourn with a second by Jim Murphy. The vote
of the Board was unanimous.
BOARD OF ADJUSTMENT MINUTES
July 15, 2020
PAGE 4
There being no further business to come before the Board, the meeting was
adjourned at 6: 55 p. m.
d
Secretary
110
Agenda
AGENDA
City of Winona
Board of Adjustment
DATE: Wednesday, July 15, 2020
TIME: 5: 00 P. M.
PLACE: Via Zoom
1. CALL TO ORDER
2. NEW BUSINESS
A. Applicant: Karen Coleman & Rafael Narvaez
Parcel Address: 402 East Wabasha
Nature of Request:
Applicant requests modification from code which requires that corner
lots whose rear lot line abuts the side lot line of another lot in an R
District, no 6 foot ( 6') fence within 25 feet of the common lot line
shall be closer to the side street lot line than the front yard setback
required on the lot fronting the side street.
Applicant is proposing a six foot ( 6') fence two feet from the side lot
line which is within the ten foot ( 10') front setback of the lot to the
rear ( 313 Wilson St).
City Code Section: 43. 03. 51
3. OTHER BUSINESS
Re- review variance request from Mitchell Walch for 51 Riverview Drive
that was tabled at the July 1, 2020 meeting.
4. ADJOURNMENT
Notice of Public Hearing
By Electronic Means
402 West Wabasha
Notice is hereby given that on Wednesday, July 15, 2020 at 5: 00 pm the Winona Board of
Adjustment will hold a public hearing by electronic means concerning a variance request
for the following application.
Karen Coleman & Rafael Narvaez— City Code Section 43. 03. 51( C) which requires that corner
lots whose rear lot line abuts the side lot line of another lot in an R- District shall not have a six-
foot ( 6') fence within 25 feet of the common lot line, shall be closer to the side street lot line than
the front yard setback required on the lot fronting the side street. Applicant is proposing a six-
foot ( 6') fence two feet from the side lot line which is within the 10- foot ( 10') front setback of the
lot to the rear ( 313 Wilson Street).
Property is described as R- 2 zoning, Sect- 22, Twp- 107, Range- 007, ORIGINAL PLAT, Lot- 010,
Block- 109, ORIGINAL PLAT E 10' LOT 9 ALL LOT 10, or at 402 East Wabasha ( 7th Street).
This informational meeting is being conducted electrically following Minnesota State Statute
13D. 021 pursuant to Resolution 2020- 17 Declaring a Special Emergency, as adopted by the
Winona City Council on Monday, March 16, 2020.
All interested parties are invited to provide input via Zoom at which time you will be given the
opportunity to express comments on the project. This meeting is open to the public via web or
phone.
To join the Zoom Meeting via web, go to: https:// zoom. us/ i/ 96880614307 and enter
meeting ID: 968 8061 4307
To join via phone, dial either phone number:
1 312 626 6799 US ( Priority)
1 646 558 8656 US ( Backup)
When prompted, enter the following Meeting ID: 968 8061 4307
Written testimony will also be accepted prior to the public hearing. Written comments must be
sent via email to: Carlos cespinosaAci. winona. mn. us by 4: 00 p. m. on Monday,
Espinosa -
July 13, 2020. Specific questions can be directed to the Community Development Office,
507. 457. 8250.
Notice is sent to the applicants and to the owners of the properties affected by the
application.
THIS NOTICE OF REGULAR MEETING BY TELEPHONE OR OTHER ELECTRONIC MEANS
IS GIVEN PURSUANT TO MINN. STAT. § 130. 04.
Dated: July 3, 2020
Carlos Espinosa, City Planner
Chris Sanchez
Board of Adjustment
Chairman
Greg Karow, Building Official
Board of Adjustment Secretary
Zoom Procedures for Board of Adjustment
All interested parties are invited to participate via electronic means. This meeting is
open to the public via web or phone. This meeting begins at 5: 00 pm; please log in
prior to the start of the meeting. You may exit the meeting at any time.
Board of Adjustment Commissioners and Staff:
To join the Zoom Meeting via web, go to: https:// zoom. us/j/ 96880614307
and enter Meeting ID: 968 8061 4307
To join via phone, dial either phone number:
1 312 626 6799 US ( Priority)
1 646 558 8656 US ( Backup)
When prompted, enter the following Meeting ID#: 968 8061 4307
Then enter your participant ID# if you have one; if not, enter#
For participants:
Only use one audio source; audio from computer is preferred if available.
Be aware of background noise from your location.
If using phone, do not use the speaker function.
If using a web cam, be aware of what is in your background.
If you have headphones, please use them as that will limit background noise
Please mute your audio until you wish to speak. Then unmute your audio, and
ask the Chairman for permission to talk.
If using web access, note the options for you to view the meeting ( gallery shows
all participants same size)
Other notes:
Staff will " host" the meeting on a city computer and will manage when
participants' audio is muted / unmuted.
The public hearing notices included the Zoom meeting information, and also
indicated that written comments could be submitted to staff by a set date prior to
the Board of Adjustment
meeting. These written comments will be provided to
the Commissioners either in advance or at the public hearing.
June 21, 2020
Community Development, City of Winona
City Hall, Room 210
Dear Members of the Board of Community Development:
We would like to build a 6 foot fence around the side of our backyard that fronts to one of the
sidewalks surrounding our house to complete the fence that encircles the rest of our yard that fronts to
the backyards of our two neighbors.
I am requesting the variance because the fence would only by about 3 feet from the sidewalk
instead of the 10 feet currently required by the ordinance. We would place it behind a row of shrubs
that are currently there. We are unable to put the fence much further back as we have a raised garden
bed that is only a few feet from the shrubs( see attached photos and diagram).
As our house stands on a corner lot, our backyard has borders with our two neighbors'
backyards and the sidewalk and public street, and, as we have had issues with people entering our
playhouse at night( we have found unfortunate evidence of amorous activity), we would like a space to
gather as a family and have our two school- age children to play in privacy and security.
We believe that this request meets all the required criteria:
1. It is harmony with the intent of the zoning ordinance in that the health, safety,
morals, and comfort of our family would be promoted, without interfering with
that of our neighbors, passers- by, and community. It would protect the property
values as the fencing will provide a private outdoor space ( which otherwise does
not exist) for the family and future families. It would secure the most
appropriate use of land, in that we can provide some privacy for our family
while keeping the neighborhood green and attractive ( through the shrubs that
can be seen from the sidewalk).
2. I don' t have details about the Comprehensive Plan.
3. This proposal puts the property to use in a reasonable manner, as a desire for
one outdoor place with privacy and security seems to us reasonable.
4. There are unique circumstances not created by use that requires this request:
we are on a corner lot and every green space we have is exposed to the public
street and sidewalks.
5. This variance will not alter the character of the neighborhood as it involves only
approximately 72 feet of fencing, behind decorative shrubs, leaving
approximately 166 feet of grass and plantings for the public on the sidewalks
and streets to enjoy.
6. The main consideration for this request is not economic: the main
considerations are the privacy and security of our family.
Sincerely,
Karen Coleman and Rafael Narvaez, Property Owners
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MEMORANDUM
DEPARTMENT OF COMMUNITY DEVELOPMENT
TO: Board of Adjustment
FROM: Carlos Espinosa, Luke Sims
DATE: June 29, 2020
SUBJECT: BOA Application Considerations for 07/ 15/ 2020 Zoom Meeting
Applicant: Karen Coleman & Rafael Narvaez - 402 West Wabasha
Considerations related to Board of Adjustment Variance Criteria are provided
below:
1) Is the variance in harmony with the purpose and intent of the
ordinance?
The intent of the ordinances in question is to ensure that neighboring lots
have adequate visibility and do not have an undue impact from taller
adjacent screening structures.
2) Is the variance consistent with the Comprehensive Plan?
The variance does not affect the land use as dictated in the
Comprehensive Plan. The Comprehensive Plan' s future Land Use map
designates this property as Traditional Neighborhood, which will not be
affected by the variance. Fences are a regular occurrence in Winona' s
Traditional Neighborhood areas.
3) Does the proposal put property to use in a reasonable manner?
Fences to the rear of the property are a common use in residential
districts. Fencing is typically associated with residential character in
Traditional Neighborhood land use designations and residential zoning
districts.
4) Will the variance, if granted, retain the essential character of the
locality?
Fencing is common in the surrounding area and representative of the
residential character of the locality. Tall privacy fencing is relatively
uncommon and rarely used along corner side streets in the area.
5) Are there other considerations for the variance request besides
economics?
If the findings of questions 3- 5 are affirmative this criterion is satisfied.
Page 2
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