Zoning board denies request for 6-foot opaque corner fence at 3906 York Avenue South
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Summary
The Minneapolis Zoning Board of Adjustment denied a variance request to raise the corner side-yard fence from 4 to 6 feet at 3906 York Ave. Staff cited ordinance intent and sight-line safety; applicants said the taller fence is needed for privacy and noise buffering.
The Minneapolis Zoning Board of Adjustment on Dec. 4 denied a property owners’ request to allow a 6-foot-tall opaque fence in a corner side yard at 3906 York Avenue South, concluding the proposal failed to meet the ordinance’s variance criteria.
Staff told the board that the ordinance limits opaque fences in corner side yards to 4 feet, allowing 6 feet only where open or decorative or where necessary to enclose an entrance. In its findings, staff said roughly 30 feet of the proposed fence “exceeds the maximum height,” does not align with the ordinance’s intent to preserve visibility and light, and may create a sight-line issue for vehicles exiting the adjacent driveway. Staff recommended denial of the requested variance.
Property owner Patrick Hargarten, who spoke with co-owner Doreen Iver present, said the couple bought the home in August 2023 and removed an existing pool and tall hedge to open the side yard. “We are asking … to build a fence at 6 foot versus the ordinance, which states a maximum of 4 foot,” Hargarten said, adding the side yard is their primary outdoor space and that a solid fence would better buffer traffic noise and protect a household member who is frequently home alone.
During questioning, the board confirmed parts of the existing fence — including a 6-foot section along the driveway — were already in place and had been inspected and allowed by staff. Resident Dori Nyver, who lives at 3906 York Avenue, clarified that the driveway-adjacent 6-foot segment was within code and had staff approval.
Board members debated whether the applicants had shown a unique practical difficulty or hardship created by the code. Several members agreed with staff that the request went beyond what the ordinance allows for corner side yards and raised safety and visibility concerns. The board adopted staff findings and denied the variance by roll call (five ayes). Chair Matt Perry told the applicants they could consult staff about next steps and available options.
The board’s written and oral record includes staff’s note that the applicants provided an extension past the 120-day statutory decision period to March 31 to allow for full processing if appeals were necessary.
