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Variance Staff Report Project: Variance Request (Planning Case 2025-14) Planning Commission Review Date: October 7, 2025 60 Day Action Deadline: November 4, 2025 Drafted By: Rachel Arsenault, Associate Planner Staff Report Date: October 1, 2025 SUMMARY OF REQUEST: The applicant is requesting a variance for a decreased front yard setback for a proposed attached deck on the subject property. STAFF RECOMMENDATION: Staff recommends approval of the requested variance. LOCATION: 6580 Pleasant View Way, Chanhassen, 55317 (Subject Property) APPLICANT/OWNER: Joseph Pavelko CURRENT ZONING: Residential Single-Family (RSF) 2040 LAND USE PLAN: Residential Low Density ACREAGE: 0.45 Acres PROPOSED MOTIONS: “The Chanhassen Board of Appeals and Adjustments approves the requested decreased front yard setback, subject to the conditions of approval and adopts the attached Findings of Facts and Decision.” LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city’s discretion in approving or denying a variance is limited to whether the proposed project meets the standards in the zoning ordinance for a variance. The city has a moderate level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. APPLICABLE REGULATIONS Chapter 20, Division 3, Variances Chapter 20, Article 20-XII “RSF” Single-Family Residential District Chapter 20, Section 20-908, Yard Regulations Article 20-VII, Shoreland Management District BACKGROUND This property was platted in 1978 as a part of Larson’s Subdivision. The home was built in 1981, with the front of the home facing Pleasant View Way, the private access easement entrance to the property. Pleasant View Road runs along the west side of the property. ZONING OVERVIEW The survey above identifies the front lot line, front yard, rear lot line, and rear yard, as defined by city code. To assist with navigating the proposed variance request, the “rear” of the home faces the front yard as defined by code. Conversely, the “front,” with the home’s main entrance, faces the rear yard. The proposed deck is on the “rear” of the home, which must follow the front yard setback. The “front” of the home, where the home is addressed, must follow the rear yard setbacks. The “rear” of the home is positioned 26.1 feet from Pleasant View Road; this does not meet the current code standard of 30 feet. City code requires unenclosed decks to be a minimum of 25 feet from the front lot line based on the Single-Family Residential code and allowed encroachments into setbacks. The applicant is proposing a 17-foot setback to the front lot line to construct a 10 x 14-foot deck on the “rear” of the home. The “front” of the home is 105 feet from the rear lot line at its closest point. A deck could be built on this side of the home; however, the home’s floor plan is not suitable for a deck on that side. The proposed deck on the “rear” of the home is a reasonable and common use in Chanhassen. PROPOSED DECK ANALYSIS 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of this chapter and when the variances are consistent with the comprehensive plan.” The requested variance is in harmony with the general purposes and the intent of the chapter and is found to be consistent with the comprehensive plan. 2. “When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems.” The house's positioning on the lot and interior layout create practical difficulties for complying with the zoning code for the installation of an attached deck on the back of the home, a reasonable and typical use on a property. 3. “That the purpose of the variation is not based upon economic considerations alone.” The purposes of the variations are not based on economic considerations. 4. “The plight of the landowner is due to circumstances unique to the property, not created by the landowner.” The subject property has frontage on Pleasant View Road, which is considered a collector roadway by the city. Access points onto a collector roadway are limited by the city. As a result, a private shared drive was established at the time this property was developed. The home was constructed so that the front of the home faced the side of the property that has vehicle access, as is typical. This resulted in the rear of the home facing Pleasant View Road, which creates a unique situation not created by the landowner. 5. “The variance, if granted, will not alter the essential character of the locality.” The requested variance is within the keeping of neighboring properties, where attached decks are a common addition to a home. 6. “Variances shall be granted for earth-sheltered construction as defined in M.S. § 216C.06, subd. 14, when in harmony with this chapter.” The proposed deck is not an earth-sheltered construction and therefore not applicable. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion and the adoption of the attached findings of fact and action. “The Chanhassen Board of Appeals and Adjustments approves the requested front yard setback variance for the proposed deck at 6580 Pleasant View Way, subject to the conditions of approval and adopts the attached Findings of Facts and Decision.” APPROVAL CONDITIONS 1. Building plans must provide sufficient information to verify that the proposed structure meets all requirements of the Minnesota State Building Code; additional comments or requirements may be required after plan review 2. Structure proximity to property lines (and other buildings) may have an impact on the code requirements for the proposed buildings, including but not limited to: allowable size, protected openings, and fire-resistive construction. These requirements will be addressed when complete building and site plans are submitted. 3. Retaining walls (if present) more than four feet high, measured from the bottom of the footing to the top of the wall, must be designed by a professional engineer, and a building permit must be obtained prior to construction. Retaining walls (if present) under four feet in height require a zoning permit. 4. A building permit must be obtained prior to demolishing any structures on the site and before beginning any construction on the site. 5. If any soil corrections are done on the property, a final grading plan and soil report must be submitted to the Inspections Division before permits will be issued. 6. The location and configuration of the attached deck must substantially conform to what is shown on the proposed survey by Premier Land Surveying submitted on September 5, 2025, to the city as a part of Planning Case No. 2025-14.