Minnetonka approves two garage setback variances unanimously
The Minnetonka City Council unanimously approved two requests to build garages that don't meet standard setback requirements on December 5. The approvals highlight how the city handles property development when lot constraints make standard rules impractical.
The council voted 6-0 to approve a front yard setback variance for a garage at 4241 Winchester Court without discussion, as the request was part of the routine consent agenda.
The second approval—a rear yard setback variance for a two-story garage addition at 15020 Tammer Lane in the northwest quadrant near the 394/94 interchange—received more scrutiny but also passed unanimously. Staff recommended approval, citing "practical difficulties" created by an existing storm sewer easement on the property. The proposed garage measures 22 by 24 feet, slightly smaller than the standard two-car garage size of 24 by 24 feet.
During discussion, commissioners asked detailed questions about the property's constraints and city policies. Staff clarified that while the city allows driveway improvements within easements, property owners assume the risk that the city could remove those improvements if it needs to access the easement for maintenance. Commissioners also noted that existing pool equipment on the property already sits within 7 feet of the property line—much closer than the proposed 26.8-foot setback for the new addition.
Commissioners emphasized the property's unique challenges. "We have a rectangular structure in a semi-triangular lot with some obstacles in existing easements," said one commissioner, who called the addition aesthetically beneficial to the neighborhood. Another noted the closest neighboring structure sits 85 feet away, minimizing impact on neighbors.
Staff also clarified that the addition would not qualify as an accessory dwelling unit (ADU)—a separate housing unit—because it lacks cooking facilities. An ADU requires three elements: a bedroom, bathroom, and kitchen. The proposed addition includes only a garage and living space without a kitchenette, so it falls outside ADU regulations. Commissioners emphasized that each variance request is evaluated individually based on its specific circumstances, not as automatic approval for similar future requests.
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Votes (2)
Consent Agenda - Item 7A: Front yard setback variance for a garage at 4241 Winchester Court
Dissent: None
Moved by Minion [0:05:07] · Seconded by Banks [0:05:09]
This item was part of the routine consent agenda. No commissioner or public member requested that the item be pulled for further discussion or presentation.
Non-Consent Agenda - Item AA: Rear yard setback variance for a garage at 15020 Tammer Lane
Dissent: None
Moved by Hansen [0:20:53] · Seconded by Henry [0:20:57]
Staff recommended approval of a rear yard setback variance for a two-story addition, comprising a garage and living space, citing 'practical difficulties' due to an existing storm sewer easement. Commissioners inquired about existing property line encroachments (pool equipment), homeowner risks with improvements over easements, the city's policy on garage sizing, and the distinction between a garage addition and an Accessory Dwelling Unit (ADU). The applicant did not offer a presentation, and no public comments were made. Commissioners expressed strong support, noting the property's unique lot shape, existing easements, and the aesthetic benefit of the addition.
Notable Quotes (7)
when I look at the pool equipment typical... would you say that pool equipment was within, if you scale it off by eye, is within, say, 15 ft of the property line.
Yeah, I would say that the pool equipment in the far if if we're talking about this, that would probably be within about seven feet of of the property line.
there is not a um restriction on driveway improvements within easements. Um having said that, uh owner puts in an improvement such as that or for instance a fence... An owner does that at their own risk. If the city needs to access that easement... the city would be within our rights to um remove that improvement.
the planning commission, you all actually have a a written policy that says a twocar or more garage is reasonable use of a property. A standard twocar garage is 24 ft x 24 ft. So this is a 22x 24. So it is slightly unders sized. Now um that does not suggest that the planning commission must approve variances for threecar garages or fourcar garages. You're simply in your policy saying what you believe is a a reasonable starting point. uh essentially and every variance as you know is looked at uniquely.
to be considered an accessory dwelling unit, there has to be three things. A place to sleep, a place for sanitation, and a place to cook. So, a bathroom, bedroom, and some type of kitchenet. So, that's why we wouldn't consider this an ADU.
I'm supportive of the variance for all the reasons that the staff listed um about the practical difficulty that is unique to this property, wouldn't impact neighboring structures, and it really just doesn't have an impact on the uh the closest structure being 85 ft away.
we have a rectangular structure in a semi- triangular lot with some obstacles in existing easements. And I'm very much in favor of doing this. I think the uh I think the aesthetic of the home will be uh uh really complemented and and the neighbor will be complimented by this addition. And um seeing that there's already things that are much closer than the 26.8 ft within that property boundary, it's a pretty easy yes.
Ordinances & Resolutions (14)
City's overarching planning document.
Regulations governing land use and development.
Rules governing the division of land.
General term for applications reviewed by the commission.
Applications for changes in zoning classification.
Applications for dividing land parcels.
Permits for uses not allowed by right but potentially compatible.
Detailed plans for development on a specific site.
Applications related to signs.
Requests for exceptions to zoning requirements.
Permits for expanding existing structures.
Specific variance request for a garage at 4241 Winchester Court.
Specific variance request for a garage at 15020 Tammer Lane.
Official action document for approving variances.
Source document
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City Planning Policies and Definitions
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