UPDATED 8.26 3630 Hickory Variance Staff Report
Project: Variance Request (Planning Case 2025-13)
Planning Commission Review Date: September 2, 2025
60 Day Action Deadline: October 14, 2025
Drafted By: Rachel Arsenault, Associate Planner
Staff Report Date: August 26, 2025
SUMMARY OF REQUEST:
The applicant is reques&ng a variance for decreased side yard setbacks for a proposed detached garage
on the subject property. The proposed garage would replace an exis&ng detached garage, which serves
as the property's primary garage.
STAFF RECOMMENDATION:
Staff recommends approval of the requested variance.
LOCATION: 3630 Hickory Road, Excelsior, MN 55331
(Subject Property)
APPLICANT/OWNER: Scot Lacek
CURRENT ZONING: Residential Single-Family (RSF)
2040 LAND USE PLAN: Residential Low Density
ACREAGE: 0.25 Acres
PROPOSED MOTIONS:
“The Chanhassen Board of Appeals and Adjustments approves the requested decreased side
yard setbacks, 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, Division 4, Nonconforming Uses
Chapter 20, Article 20-XII “RSF” Single-Family Residential District
Chapter 20, Section 20-904, Accessory Structures
Chapter 20, Section 20-908, Yard Regulations
Article 20-VII, Shoreland Management District
BACKGROUND
This property is in the Red Cedar Point neighborhood near Lake Minnewashta. This neighborhood
was platted in 1913. The age of the plat creates unique circumstances due to the fact that all lots in
the plat are undersized when compared to today’s requirements for the Single-Family Residential
District (RSF) within the Shoreland Overlay. The subject lot is 40 feet wide, compared to 90 feet
required by current code. The lot square footage is 10,909 square feet, the minimum required today
for a riparian lot in the residential single family (RSF) district is 20,000 square feet.
The existing garage has lawful nonconforming rights for replacement through Chapter 20, Division
4, Nonconforming Uses. This code stipulates that any lawfully nonconforming structure may be
continued through repair, replacement, and restoration, but not expansion.
ZONING OVERVIEW
The proposed 34 x 26-foot garage and associated driveway will bring the new lot coverage to 25.7%,
which is below the maximum allowed of 30%. Any lot coverage proposed above 25%, on a riparian
property platted prior to January 1, 1976, will have to provide a shoreline vegetative buBer equal in
square footage to the impervious area above 25%.
Proposed Garage Size, Location, and Elevation
The variance request is for decreased side yard setbacks. This request relates only to the portion of
building being constructed outside of the original garage footprint, approximately 21 feet of the 34-
foot wall of the garage. The applicant proposes a 26-foot-wide garage, the same width as the
original garage. The applicant is proposing to maintain the existing side yard setbacks, 4.5 feet on
the south side and 9.3 feet on the north side.
In the absence of this variance the garage walls would be required to jump inward to meet the
minimum 10 feet as required by RSF zoning district, creating an unnecessary burden on the
property owner for a reasonable use of the property.
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 diBiculties in complying with the zoning ordinance. "Practical
diBiculties," 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 diBiculties include, but are not limited to, inadequate access to direct sunlight for
solar energy systems.”
The undersized property width and square footage create practical diBiculties for the
property owner to use the property in a reasonable manner without the request of a
variance.
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 property was platted in 1913, with an undersized lot width and lot square footage
compared to today’s requirements for minimum lot standards.
5. “The variance, if granted, will not alter the essential character of the locality.”
The requested variance is within the keeping of neighboring properties that have comparable
structures to that proposed by the applicant.
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 garage is not an earth-sheltered construction and therefore not applicable.
RECOMMENDATION
StaB 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 side yard setback
variance for the proposed garage at 3630 Hickory Road subject to the conditions of approval and
adopts the attached Findings of Facts and Decision.”
APPROVAL CONDITIONS
1. Building plans must provide suBicient information to verify that proposed building 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) will 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 garage and driveway must substantially conform to
what is shown on the proposed survey by Sisu Land Surveying submitted on August 19,
2025, to the city as a part of Planning Case No. 2025-13.