Variance Staff ReportPH (952 ) 227-1100 • ChanhassenMN .gov
7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA • 55317
Project: Variance Request (Planning Case 2026-02)
Planning Commission Review Date: March 3, 2026
60 Day Action Deadline: March 31, 2026
Drafted By: Rachel Arsenault, Associate Planner
Staff Report Date: February 25, 2026
SUMMARY OF REQUEST:
The applicant is requesting a variance for the front setback in order to facilitate a lot line
adjustment for the subject property.
STAFF RECOMMENDATION:
Staff recommends approval of the requested front setback variance.
LOCATION: 3603 Red Cedar Point Road
Excelsior MN 55331 (Subject
Property)
APPLICANT/OWNER: Gregg Geiger
CURRENT ZONING: Single-Family Residential
2040 LAND USE PLAN: Residential Low Density
ACREAGE: 0.71 Acres
PROPOSED MOTIONS:
“The Chanhassen Planning Commission actings as the Board of Appeals and Adjustments approves
the requested front yard setback 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
Article 20-VII, Shoreland Management District
Article 20-XII, RSF Single-Family Residential District
BACKGROUND
In 2015 this property received a front setback and shoreland setback variance to construct a two -story
attached garage. The addition was constructed and the front setback is 9 feet 10 inches as approved in the
variance.
ZONING OVERVIEW
The request for a variance stems from a property line dispute
between the property owners at 3603 and 3605 Red Cedar Point
Road, resulting in a court order requiring a wedge of the parcel to
be transferred from the current owner (3603 Red Cedar Point
Road) to the neighbor at 3605 Red Cedar Point Road. The
“wedge” to be transferred is illustrated in yellow to the right.
The property at 3603 Red Cedar Point Road after the transfer of
the “wedge” remains compliant with the remaining requirements
for properties within the Residential Single-Family District and
within the Shoreland Overlay District. The only variation required
is a front setback for the west line of the property.
The owner is requesting a new front setback variance of 7 feet 6
inches to facilitate a lot line adjustment. The requested variance
is solely related to a proposed lot line adjustment between the
properties located at 3605 and 3603 Red Cedar Point.
There are no proposed building additions for either home
associated with this variance request.
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 variance is in harmony with the general purposes and intent of the chapter, as well as 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 requested variance has practical difficulty in complying with the zoning ordinance due to the unique
characteristics and location of the lot on a peninsula. The property owner is proposing to keep all
structures the same, the variance is in order to facilitate a lot line adjustment, which is a reasonable
request to resolve a property line dispute.
3. “That the purpose of the variation is not based upon economic considerations alone.”
The variation is not based on economic considerations alone.
4. “The plight of the landowner is due to circumstances unique to the property, not created by the
landowner.”
The plight of the landowner is due to circumstance to the property created by the unique location of the
lot, not created by the property owner.
5. “The variance, if granted, will not alter the essential character of the locality.”
The variance, if granted, would not alter the essential character of the locality as the applicant is not
proposing to construct or renovate a structure.
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 is not an earth-sheltered construction and therefore not applicable.
RECOMMENDATION
Staff recommends that the Planning Commission approve the requested front setback for the property located
at 3603 Red Cedar Point, subject to the following conditions.
CONDITIONS
1. Applicant shall pay outstanding fee of $50.00 for the variance prior to recording.
2. The location and configuration of the lot line must substantially conform to what is shown in the survey
provided with development application 2026-02.