Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Variance 303 J St topic
No spam. Unsubscribe anytime.
Planning commission recommends denial of variance for 303 J Street NE fence
Summary
The Planning Commission considered a variance request to permit a 6-foot fence that extends about 59.5 inches beyond a façade at 303 J Street NE and, after debate over noncompliance and lack of practical difficulty, voted not to approve the variance.
The Brainerd City Planning Commission on Dec. 18 recommended denial of a variance request for a fence installed at 303 J Street Northeast after commissioners concluded the applicants had not shown the practical difficulties required for a variance.
Staff said the property owner installed a 6-foot fence in October 2022 beyond the façade line on a corner yard and without a permit; staff issued citations, engaged the owners through the summer of 2023 and documented that the fence sits about 60 inches beyond the allowed facade line. The applicants did not attend the meeting but submitted an email with their comments.
Commission discussion focused on whether the sidewalk location constituted a practical difficulty that made locating the fence on the facade impractical. Some commissioners noted the sidewalk and gate location complicate repositioning the fence; other commissioners said the owners—onstructed the fence knowing it was out of compliance and that alternatives (angling the fence or creating a short fenced approach) could have been pursued.
A motion to approve the variance (moved by Commissioner Peterson) failed; the commission instructed staff to draft findings of fact explaining why the application did not meet variance standards and recommended the variance be denied when forwarded to City Council.
Next steps: staff will prepare findings of fact for council consideration. The commission did not adopt an alternative mitigation motion.
