City Council approves six-foot fence variance for Nevada Avenue property
The Maple Grove City Council unanimously approved a fence height variance on Tuesday for a property at 95 Nevada Avenue South, overturning a Planning Commission denial and allowing homeowner Adam Heifetz to build a six-foot fence instead of the standard four-foot limit.
The council voted 3-0 to grant the variance, finding that the property's unique circumstances justified the exception to city code. The property at 95 Nevada Avenue South has three public frontages—two roads and a park greenbelt—and sits directly across from Lions Park, a busy public space that generates significant foot traffic.
City code typically limits front-yard fences to four feet because any yard bordering a street is considered a front yard. Heifetz argued that the combination of his property's three public frontages, proximity to the park's parking lot, and existing neighborhood fences created an extraordinary need for privacy and security for pets and future children. He cited similar six-foot fences on nearby properties along Kentucky Avenue South, Maryland Avenue South, Louisiana Avenue South, and Ridgeway Road as precedent.
The Planning Commission had denied the variance in July, concluding the property lacked unique circumstances and that approving it would alter the neighborhood's character. However, Council Member Kush noted during deliberation that the property's three frontages—including a non-road right-of-way—created circumstances unlike typical corner lots. The council agreed that a six-foot fence, which would be partially screened by existing shrubbery, would not meaningfully change the area's character given similar fences already in the neighborhood.
The council also recognized State Representative Mike Freiberg and Senator Andress as League of Minnesota Cities Legislators of Distinction for 2026. Freiberg was thanked for securing an additional $3-4 million in state bonding funds for a new fire station, a project city officials said would boost economic development.
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Votes (1)
Appeal of Variance Denial at 95 Nevada Avenue South
Dissent: None
Moved by Council member Kush [00:50:55,170] · Seconded by Council member Fuzzy [00:51:00,100]
The City Planner presented staff's recommendation to deny the variance request for a six-foot fence in a front yard, explaining that the Planning Commission found no unique circumstances or practical difficulty, and raised concerns about altering the locality's character. The applicant, Adam Heifetz, argued that the property's three public frontages (two roads, one park greenbelt), direct adjacency to Lions Park parking lot, and pre-existing structures created unique circumstances requiring a six-foot fence for privacy and security (for pets/future children). He cited several nearby properties with similar six-foot fences and previous variance approvals for properties with three public frontages as precedents. The Council deliberated on the unique nature of the property, the visual impact of a step-down fence, and the inadequacy of natural plantings for year-round screening, ultimately agreeing with the applicant that unique circumstances existed and the variance would not alter the essential character of the locality, especially since the fence would be behind existing shrubbery.
Notable Quotes (6)
Every yard that abuts a street is considered a front yard per our code. And so that’s why part of what is functionally their backyard would only be allowed a four foot fence without a variance.
But the I think the, the big one for planning Commission was the unique circumstance question. Does this property have a unique circumstance or a combination of circumstances that are truly unique, that make it practically difficult to comply with the code while still meeting the spirit of the code? I still getting kind of a a typical use of their property
The staff report acknowledges this fact and it says, quote, this. The proposed fence is consistent with the existing conditions of the neighborhood, unquote, the character of the neighborhood with respect to fences was already established before we moved in to conclude that adding one more fence, just like others that already exist, would impact the character of the locality, is a logical fallacy.
However, it’s the totality of the conditions that we experience rather than an individual or small group of claims that create a unique of circumstance, which the staff report does not contemplate.
A five foot fence would similarly be ineffective. A six foot fence is the lowest standard fence site that would allow us to use our yard in a way that the city has already agreed is reasonable.
city staff also addressed that being like it was really fine line between yes or no. And the leaning was seemed a bit more towards the side on on the fact of finding, um, reviewing all this and working through it, it seems like there are a very unique circumstances to the property being that you have. Yes, there’s two roads, but unlike this corner, there is a third. Um, uh, non, it’s a right of way, but it’s not a road right of way.
Ordinances & Resolutions (7)
The resolution number for the appeal of variance denial at 95 Nevada Avenue South.
Specific city code section from which a variance for fence height was requested.
Award given to Representative Mike Freiberg and Senator Andress.
Governs the rules and 'practical difficulty' test for variances in Minnesota cities.
General planning document referenced in variance criteria.
City regulations governing land use and development, including fence height.
Minutes from the previous meeting where public testimony was received regarding the variance appeal.
Source document
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Other Topics from This Document
Fire Department Funding
Variance Appeal for Fence Height
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