10-07-2025 PC Agenda itemPlanning Commission Item
October 7, 2025
Item Consider a variance for a decreased front yard setback for a proposed attached
deck at 6580 Pleasant View Way (Planning Case #25-14)
File No.Planning Case #25-14 Item No: B.1
Agenda Section PUBLIC HEARINGS
Prepared By Rachel Arsenault, Associate Planner
Applicant Property Owner, Joseph Pavelko
Present Zoning Single Family Residential District (RSF)
Land Use Residential Low Density
Acerage 0.45 Acres
Density
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
SUGGESTED ACTION
“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.”
SUMMARY
The applicant is requesting a variance for a decreased front yard setback for a proposed attached deck
on the subject property. The encroachment into the front yard setback is 13 feet to accommodate the
proposed 10 x 14-foot deck, allowing for a 17-foot setback.
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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.
DISCUSSION
RECOMMENDATION
Staff recommends approval of the requested variance.
ATTACHMENTS
Development Application
Applicant Narrative
Survey
Deck Plan
Variance Staff Report
Findings of Fact
Affidavit of Mailing 25-14
Affidavit of Publication 25-14
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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.”
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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
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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
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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.
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“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.
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of property owner Joseph Pavelko for a front setback variance on a property zoned
Single Family Residential District (RSF) – Planning Case 2025-14.
On October 7, the Chanhassen Planning Commission, acting as the Board of Appeals and
Adjustments, met at its regularly scheduled meeting to consider the application. The Planning
Commission conducted a public hearing on the proposed variance preceded by published and
mailed notice. The Board of Appeals and Adjustments makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single Family Residential District (RSF).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density.
3. The property legal description as described in Exhibit A.
4. Variance Findings – Section 20-58 of the City Code provides the following criteria for the
granting of a variance:
a. 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.
Finding: 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.
b. 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.
Finding: 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.
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c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The purposes of the variations are not based on economic considerations.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: 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.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The requested variance is within the keeping of neighboring properties, where
attached decks are a common addition to a home.
f. Variances shall be granted for earth-sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter.
Finding: The proposed deck is not an earth-sheltered construction and therefore not
applicable.
5. The planning report #2025-14 dated October 1, 2025, prepared by Rachel Arsenault is
incorporated herein.
DECISION
The Planning Commission approves the requested variance for a front yard setback, subject to
the conditions of the staff report.
ADOPTED by the Chanhassen Planning Commission this 7th day of October 2025.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
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Exhibit A
Lot 2, Block 1, Larson’s Subdivision, Carver County, Minnesota.
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CITY OF CHANIIASSEN
AFI.IDA\'IT OF N,IAILING NOTICE
STATE OF MINNESOTA)
) ss.
COT]NTY OF CARVER )
I, Jenny Potter, being first duly swom, on oath deposes that she is and was on
September 25,2025, the duly qualified and acting City Clerk of the City ofChanhassen,
Minnesota; that on said date sl.re caused to be mailed a copy of the attached notice Consider the
request for a setback variance to construct a deck located on propert],at 6580 Pleasant
View Wa1,. Orvner/Applicant: Joseph Pavelko to the persons named on attached Exhibil "A",
by enclosing a copy ofsaid notice in an envelope addressed to such owner, and depositing the
envelopes addressed to all such owners in the United States mail with postage fully prepaid
thereon; that the names and addresses ofsuch orvners were those appearing as such by the
records of the County Treasurer, Caner County, Minnesota. and by other appropriate records.
Jcnny er, City Clerk
a)'tw1
/
Notarl Public
AMY K. WEIDM AN
bllc-Minnssota
Erpk.J.n31.20,
Nolary Pu
Subscribed and swom to before me
this
'1G dav,rf !r' ,.,V u',b<t .2o25.
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Disclaimer
This map is neither a legally recorded map nor a survey and is not intended to be used
as one. This map is a compilation of records, information and data located in various city,
county, state and federal offices and other sources regarding the area shown, and is to
be used for reference purposes only. The City does not warrant that the Geographic
Information System (GIS) Data used to prepare this map are error free, and the City does
not represent that the GIS Data can be used for navigational, tracking or any other
purpose requiring exacting measurement of distance or direction or precision in the
depiction of geographic features. The preceding disclaimer is provided pursuant to
Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges
that the City shall not be liable for any damages, and expressly waives all claims, and
agrees to defend, indemnify, and hold harmless the City from any and all claims brought
by User, its employees or agents, or third parties which arise out of the user's access or
use of data provided.
«Tax_name»
«Tax_add_l1»
«Tax_add_l2»
Disclaimer
This map is neither a legally recorded map nor a survey and is not intended to be used
as one. This map is a compilation of records, information and data located in various city,
county, state and federal offices and other sources regarding the area shown, and is to
be used for reference purposes only. The City does not warrant that the Geographic
Information System (GIS) Data used to prepare this map are error free, and the City does
not represent that the GIS Data can be used for navigational, tracking or any other
purpose requiring exacting measurement of distance or direction or precision in the
depiction of geographic features. The preceding disclaimer is provided pursuant to
Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges
that the City shall not be liable for any damages, and expressly waives all claims, and
agrees to defend, indemnify, and hold harmless the City from any and all claims brought
by User, its employees or agents, or third parties which arise out of the user's access or
use of data provided.
«Next Record»«Tax_name»
«Tax_add_l1»
«Tax_add_l2»
Subject
Parcel
Subject
Parcel
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NOTICE OF PUBLIC HEARING
CHANHASSEN PLANNING COMMISSION MEETING
NOTICE OF PUBLIC HEARING
CHANHASSEN PLANNING COMMISSION MEETING
Date & Time:
Tuesday, October 7, 2025 at 6:00 p.m.
This hearing may not start until later in the evening,
depending on the order of the agenda.
Location: City Hall Council Chambers, 7700 Market Blvd.
Proposal: Consider the request for a setback variance to
construct a deck.
Applicant: Joseph Pavelko
Property
Location:
6580 Pleasant View Way
A location map is on the reverse side of this notice.
What Happens at
the Meeting:
The purpose of this public hearing is to inform you
about the applicant's request and to obtain input
from the neighborhood about this project. During
the meeting, the Chair will lead the public hearing
through the following steps:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans for the project.
3. Planning Commission discusses the proposal.
4. Public hearing is opened taking comments from
the public, up to 5 minutes per person.
5. Public hearing is closed and the Planning
Commission continues discussion on the project
prior to voting on the project.
Questions &
Comments:
To view project information
before the meeting, please
visit the city’s proposed
development webpage:
www.chanhassenmn.gov/proposeddevelopments
Sign up to receive email updates about this or other projects. Go
to https://www.chanhassenmn.gov/i-want-to/subscribe
Date & Time:
Tuesday, October 7, 2025 at 6:00 p.m.
This hearing may not start until later in the evening,
depending on the order of the agenda.
Location: City Hall Council Chambers, 7700 Market Blvd.
Proposal: Consider the request for a setback variance to
construct a deck.
Applicant: Joseph Pavelko
Property
Location:
6580 Pleasant View Way
A location map is on the reverse side of this notice.
What Happens at
the Meeting:
The purpose of this public hearing is to inform you
about the applicant's request and to obtain input
from the neighborhood about this project. During
the meeting, the Chair will lead the public hearing
through the following steps:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans for the project.
3. Planning Commission discusses the proposal.
4. Public hearing is opened taking comments from
the public, up to 5 minutes per person.
5. Public hearing is closed and the Planning
Commission continues discussion on the project
prior to voting on the project.
Questions &
Comments:
To view project information
before the meeting, please
visit the city’s proposed
development webpage:
www.chanhassenmn.gov/proposeddevelopments
Sign up to receive email updates about this or other projects. Go
to https://www.chanhassenmn.gov/i-want-to/subscribe
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Tax name Tax add l1 Tax add l2
BRACE D HELGESON 6575 PLEASANT VIEW RD CHANHASSEN MN 55317
BRANDON ROTH 6697 HORSESHOE CURV CHANHASSEN MN 55317
BRETT THOMPSON 6696 HORSESHOE CURV CHANHASSEN MN 55317
CATHERINE VILLANUEVA 6614 HORSESHOE CURV CHANHASSEN MN 55317
CHANHASSEN CITY PO BOX 147 CHANHASSEN MN 55317
CHARLES CAMPBELL HURD TRUST 6695 HORSESHOE CURV CHANHASSEN MN 55317
DAVID MOFFAT WHITMAN 429 PLEASANT VIEW RD CHANHASSEN MN 55317
DAWN MARIE PRYMAS 310 PLEASANT VIEW RD CHANHASSEN MN 55317
HEIDI GROVEN 420 PLEASANT VIEW RD CHANHASSEN MN 55317
HERBERT REAL ESTATE HOLDINGS LLC 50 CLAY CLIFFE DR EXCELSIOR MN 55331
JAKOB I BALLER 335 PLEASANT VIEW RD CHANHASSEN MN 55317
JAMES M VOGELSBERG 395 PLEASANT VIEW RD CHANHASSEN MN 55317
JENNIFER J HOMMERDING 370 PLEASANT VIEW RD CHANHASSEN MN 55317
JOHN O HOLLAND 6603 BLAZE TRL CHANHASSEN MN 55317
JOHN R TRETTEL 330 PLEASANT VIEW RD CHANHASSEN MN 55317
JOSEPH PAVELKO 6580 PLEASANT VIEW WAY CHANHASSEN MN 55317
MARK E ARDEN 6602 BLAZE TRL CHANHASSEN MN 55317
MARY C BABEL 320 PLEASANT VIEW RD CHANHASSEN MN 55317
NICHOLAS J P PERKINS 339 PLEASANT VIEW RD CHANHASSEN MN 55317
PATRICK DOOLING 6605 HORSESHOE CURV CHANHASSEN MN 55317
RICHARD R & KATHLEEN E PECK 6690 HORSESHOE LN CHANHASSEN MN 55317
RONALD E HARVIEUX LIVING TRUST 4023 GOLDEN LYNX RD GREEN VALLEY AZ 85614
SHIRLEY M SHELDON TRUST AGREEMENT 350 PLEASANT VIEW RD CHANHASSEN MN 55317
TIMOTHY M WEST 6601 HORSESHOE CURV CHANHASSEN MN 55317
TODD JEREMY JOHNSON 6601 BLAZE TRL CHANHASSEN MN 55317
YANTA KALLEY T & TRUSTEE OF TRUST 365 PLEASANT VIEW RD CHANHASSEN MN 55317
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STATE OF MINNESOTA )
COUNTY OF HENNEPIN
AFFIDAVIT OF PUBLICATION CITY OF CHANHASSEN
CARVER & HENNEPIN
COUNTIES
NOTICE OF
PUBLIC HEARING
PI-ANNING CASE NO. 2025-14
NOTICE lS HEREBY GIVEN that
the Chanhassen Planning Commis-
sion will hold a public hearing on
Tuesday, October 7, 2025, at 6:00
p.m. in the Council Chambers in
Chanhassen City Hall, 7700 Market
Blvd. The purpose of this hearing
is lo consider a r€quest for a set-
back variance to build a deck on
the property located at 6580 Pleas-
ant View Way. Zoned RSF. ProP-
erty Owner & Applicant: Joseph
Pavelko.
Prciect
request are available lor Public
review on the city's website
at www.chanhassenmn.gov/
oroposeddevelooments or at City
Hall during regular business hours.
All interested pe/sons are invited
to attend this public hearing and
expEss their opinions with respect
to this proposal. Meeting date is
subiect to change.
Rachel Arsenault
Associate Planner
Email: rarsenault@chanhassenmn.gov
Phone: 952-227-1132
Published in the
Sun Sailor
September 25, 2025
1 492558
ss
I do solemly swear that the notice, as per the
proof, was published in the edition of the
SS Mtka-Excelsior-Eden Prairie
with the known oflice of issue being located
in the county of:
HENNEPIN
with additional circulation in the counties ol
HENNEPIN
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. $331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, lor I successive week(s); the hrst
insertion being on 0912512025 and the last
insertion being on 0912512025.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. $580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in $580.033,
subd. l, clause (l) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By:
Designated Agent
Subscribed and sworn to or allirmed before
me on 0912512025
Notary Public
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5999.99 per column inch
documents for this
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