Board of Adjustment
Regular MeetingWinona, MN · July 6, 2022
Agenda
MEMORANDUM
DEPARTMENT OF COMMUNITY DEVELOPMENT
TO: Board of Adjustment
FROM: Carlos Espinosa
DATE: June 24, 2022
SUBJECT: BOA Application Considerations for 7/6/ Meeting
Applicant: Jerry Obieglo – 56 Wiscoy Court
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 purpose of the ordinance limiting fence heights in front yards is to allow
visibility from the street for safety purposes and preserve sight lines for
vehicular traffic. In this case visibility is still maintained at the front of the
house off Wiscoy Court and sight lines are not impacted. Construction of a 6
foot tall fence in the proposed area would thus not impact public health,
safety, or welfare and would promote property values.
2) Is the variance consistent with the Comprehensive Plan?
The Comprehensive Plan designates this area for Low Density Residential
which will not change.
3) Does the proposal put property to use in a reasonable manner?
It is reasonable to place a 6 foot tall fence in the rear of a property.
4) Are there unique circumstances to the property not created by the
landowner?
In addition to have a double frontage, the subject property is uniquely situated
next to a corner lot where the house on that lot fronts on the side street. This
results in the side/rear yard of the adjacent property being on Knopp Valley
Drive due to the curving road. On the adjacent property to the east, there is
significant foliage extending to Knopp Valley Drive which serves as a buffer
between this property and the proposed fence location. These
characteristics reduce the potential visual and aesthetic impacts of erecting a
fence in the proposed location.
5) Will the variance, if granted, retain the essential character of the
locality?
Due to the unique situation of the property to the west and the existing foliage
of the house to the east, it appears the proposed location of the fence will
retain the character of the area.
6) Are there other considerations for the variance request besides
economics?
If the findings of questions 3-5 are affirmative this criterion is satisfied.
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