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Fairmont zoning panel approves 3 variances

FAIRMONT — The Fairmont Board of Zoning Appeals fielded four variance requests Tuesday, approving three and denying one.

The board nixed a request from Gerald D. Meyer of 408 S. Prairie Ave. to allow a 6-foot high front yard fence, replacing an existing row of hedges. City Code requires front yard fencing, as well as hedges, to be a maximum of 3 1/2 feet.

Peter Bode, city planner/code enforcement technician, told the board that the hedges were about 7 feet tall but have existed for many years without impacting the welfare of the community. However, he assessed that the placement of a fence 6 feet in height would unreasonably impact vision.

“Staff found no unique characteristics of the land, beyond the existence of non-conforming hedges, that create a practical difficulty,” Bode said. “The personal preference to limit vision onto an adjacent front yard is neither unique nor the result of the land itself. Staff find that this request does not meet the statutory requirement for uniqueness.”

A neighboring property owner opposed the fence, citing visibility and safety issues.

Bode noted that the property owner could install a 3 1/2-foot high fence without any variance.

Board members agreed with his assessment and unanimously denied the variance request.

Michelle Fjemestad of 808 N. Elm St. was granted a variance for a 3-foot side yard setback, where 5 feet are required, to replace an existing 12-foot wide attached garage on the property. The board had previously granted a variance in 2017, requiring installation of a gutter system for drainage, but that expired after one year, requiring the granting of a new variance.

In approving the new request, including the gutter requirement, the board considered the inability to reduce or move the structure and the narrowness of the lot. No one spoke on the request at the public hearing, and there was no correspondence in support or opposition of the request.

The board also approved a 46-foot shoreland setback, in lieu of the required 50 feet, for Gary and Lori Bergemann of 113 Runyan Place. The Bergemanns plan to construct a ground floor deck underneath an existing second-story deck that was built with a variance in 1999.

The board noted that the proposed deck would not extend beyond the existing deck, and the shape of the parcel and the structure’s placement created unique practical difficulties. No one spoke on the request at the public hearing, and there was no correspondence in support or opposition of the request.

Kelly Hilpipre of 231 Lake Ave. was granted a 6-foot side yard setback, in lieu of the required 10 feet, to build garage. Because the garage will be attached to the house with a breezeway, it must conform to the same City Code setback requirements as the house.

No one spoke on the request at the public hearing, but an adjoining property owner submitted a letter supporting the proposed project.

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