HomeMy WebLinkAboutPlanning Commission - 08/24/2026Meeting Agenda
Eden Prairie Planning Commission
7 p.m. Monday, August 24, 2026
City Center Council Chambers
8080 Mitchell Road
Eden Prairie, MN 55344
ATTENDEES
Commission Members: Trisha Duncan, Ed Farr, John Kirk, Steve Schumacher, Robert Taylor,
Daniel Grote, Frank Sherwood, Pete Palmisano, Phou Sivilay
City Staff: Jeremy Barnhart, City Planner; Carter Schulze, City Engineer; Matt Bourne, Manager
of Parks and Natural Resources
MEETING AGENDA
I. Call the Meeting to Order
II. Pledge of Allegiance
III. Approval of Agenda
IV. Minutes
A. Planning Commission meeting held Monday, June 22, 2026
V. Public Hearings
A. Variance - 6633 Harlan Drive (2026-01BOA)
1. Variance allowing expansion of existing deck
PLANNING COMMISSION MEETING AGENDA
August 24, 2026
VI. Planner’s Reports
VII. Members Reports
VIII. Adjournment
Unapproved Minutes
Eden Prairie Planning Commission Meeting
7 p.m. Monday, June 22, 2026
City Center Council Chambers
8080 Mitchell Road
Eden Prairie, MN 55344
ATTENDEES
Commission Members: John Kirk, Steve Schumacher, Ed Farr, Robert Taylor, Daniel Grote,
Frank Sherwood, Pete Palmisano, Phou Sivilay, Trisha Duncan
City Staff: Jeremy Barnhart, City Planner; Carter Shulze, City Engineer; Matt Bourne, Parks
and Natural Resources Manager; Kristin Harley, Recording Secretary
MEETING AGENDA
I. Call the Meeting to Order
Chair Duncan called the meeting to order at 7 p.m. Commission Members Taylor and Kirk
were absent.
II. Pledge of Allegiance
III. Approval of Agenda
MOTION: Schumacher moved, seconded by Palmisano, to approve the agenda. Motion
carried 7-0.
IV. Minutes
A. Planning Commission meeting held Monday, June 8, 2026
MOTION: Sherwood moved, seconded by Palmisano, to approve the minutes of
the Planning Commission Monday, June 8, 2026. Motion carried 7-0.
V. Public Hearings
A. 11609 Leona Road Phase II (2026-03)
1. Planned Unit Development Concept Review on 3.44 acres
2. Planned Unit Development District Review with Waivers on 3.44 acres
3. Preliminary Plat of 3.44 acres into three lots and one outlot
PLANNING COMMISSION MEETING MINUTES
June 22, 2026
Page 2
4. Site Plan review on 3.44 acres.
Gary Dreyer, of Told Development, 200 Southdale Center, Edina, displayed a
PowerPoint and detailed the application. The old Office Depot had been
demolished and Dreyer proposed to build a Shake Shack and a Valvoline on the
site. The Planet Fitness opened in January 2025, but the proposed Starbucks fell
through. Dreyer displayed past and current conditions (Phase I) showing the
completion of the east parking lot and the Planet Fitness.
Dreyer displayed the Site Plan showing the proposal situated between Den Road
and Flying Cloud Drive on Leona Road. He displayed the elevations and explained
he had worked with staff to integrate these in terms of materials and design. He
displayed the renderings, showing the matching brick.
Dreyer highlighted the sustainability features: stormwater management above
and below ground, improved pedestrian/bicycle connectivity, including a
sidewalk that would tie in Planet Fitness, enhanced landscaping, EV charging
stations at Shake Shack, building material reuse, and the reduction of impervious
surface.
Farr asked the purpose of the eastern driveway, and Dreyer replied it would be
service drive for trucks to Valvoline, which could also be a bypass access for
customers.
Barnhart presented the staff report. There would be no zoning change or
Comprehensive Plan amendment. The waivers requested front yard setbacks for
both sites. The Shake Shack site waiver would be a 18.5-foot setback from Leona
instead of the required 35 feet, and the Valvoline site would be a 21.3-foot
setback from Den Road instead of the required 35 feet. The waivers would bring
the buildings closer to property lines allowing for increased internal parking and
circulation.
Regarding the sign waivers, the existing sign at the northwest corner would be
reused, but the sign area would be enlarged, and the setback would be 10.5
instead of 15 feet. Two freestanding signs would be combined into one at the
corner of Flying Cloud Drive and Leona Road. There was an opportunity for more
freestanding signs, but the applicant was proposing only two. The site allowed
for two signs, one at 80 square feet and one at 36 square feet, but the applicant
was combining them into one. The applicant would also use the existing
materials instead of creating one solid mass at the existing sign’s base. This sign
also had an agreement with the existing Qdoba and Caribou lot, so the
development agreement would stipulate the corner sign would also advertise
the Shake Shack and Valvoline businesses.
To improve access and circulation, an eastern driveway was shifted away from
PLANNING COMMISSION MEETING MINUTES
June 22, 2026
Page 3
the intersection of Leona and Den Roads to provide access to the Shake Shack
lot, which also enlarged the lot. The Valvoline met all parking requirements, and
there were no parking waivers. The Planet Fitness exceeded parking
requirements, and there would be cross parking and access easement between
the three businesses. There would be additional sidewalks on the site. A parking
study and a traffic study had been conducted, and the development was
consistent with all City Codes and standards.
Staff had a comment on the architecture. While the buildings met material
requirements, staff noted that there should be some communication between
the buildings, though not necessarily a match. The Shake Shack did share
materials with the Planet Fitness building, but there was a band of soldier course
brick proposed for the Shake Shack building that staff suggested could be
brought out more. Barnhart showed color renderings showing the materials and
color communication and pointed out the soldier course, the color of which was
perhaps too subtle. The Valvoline proposal did a good job of bringing out the
characteristics between buildings.
Staff recommended approval subject to the conditions outlined in the staff
report.
Farr asked for and received clarification Qdoba and Caribou buildings would also
share parking with the new development during what were anticipated to be
two lunchtime rushes. He asked for and received confirmation the parking
easements would remain unchanged after the applicant sold off the two outlots.
Farr added he appreciated the attempt at consistency within reason with a
1980s building, and he agreed with bringing the design up to date.
Schumacher expressed concern about traffic congestion around the Shake Shack
area. He asked for the best route for those working at Shake Shack in the winter
and if there were pedestrian walkways from Leona. Barnhart replied there were
two sidewalks: one from the east parking area through the central parking area,
and along Leona Road.
Duncan asked for and received confirmation staff was comfortable with the
signage sightline issues at Leona Road and Flying Cloud Drive. Barnhart added
wall signage was also allowed within the site. There is a sign in the southeast
corner of the site. Duncan asked for and received confirmation the driveway
closer to the corner of Leona Road and Den Road would be closed in favor of
access along Den Road.
Farr asked if the signage consolidation would come with a restriction to new
owners and future property owners of a monument sign, potentially defeating
the purpose of a consolidation waiver. Barnhart replied there was no restriction,
but City Ordinance did have certain requirements that would prevent a
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June 22, 2026
Page 4
monument sign. Staff could bring a recommendation forward to the City Council
if this was a concern.
MOTION: Grote moved, seconded by Palmisano, to close the public hearing.
Motion carried 7-0.
Farr commended the project, saying it would be a good completion of the Phase
I seen years ago, and he supported all waivers and the circulation with the
reconstructed driveway. Duncan also commended the development, including
the water treatment on site.
MOTION: Farr moved, seconded by Grote, to recommend approval Planned Unit
Development Concept Review on 3.44 acres; Planned Unit Development District
Review with Waivers on 3.44 acres; Preliminary Plat of 3.44 acres into three lots
and one outlot; and the Site Plan review on 3.44 acres as recommended by staff
as represented in the June 22, 2026 staff report Motion carried 7-0.
B. 6345 Eden Prairie Road Zone Change (2026-06)
1. Request for approval of a Zone Change from Public to R1-22 on two
parcels, totaling 1.22 acres.
Barnhart presented the staff report. The City of Eden Prairie was the applicant. In
reviewing an application for a deck, staff discovered the property had been
zoned Public since 1969, though this was a single-family home, and the family
wished to make improvements to the property. This zoning change would bring
the property into compliance with its actual and intended use. There were
comments and questions from the public, some of whom were concerned about
a new development, which this was not, but a correction to the Zoning Map.
Neighbors were also concerned about tree removal. Forestry staff was working
with the property owner about their tree removal. There was no intention of
future subdivision of the property. The small parcel to the north was also owned
by this property owner; both properties needed to be combined for the
rezoning.
Mal Fay, resident at 15600 Eden Prairie Road, asked for and received
confirmation there would be no new development and the house would remain
as is. Barnhart explained this was no development and added any landscaping
and interior work would not need Planning Commission approval.
Fay stated his real concern was the speed limit on Eden Prairie Road. This had a
blind bend to the south, a dip to the north, with a 40-mph speed limit from
PLANNING COMMISSION MEETING MINUTES
June 22, 2026
Page 5
County Road 5 to Valley View Road, then a 45-mph speed limit from there to
Townline, then at 35 mph speed limit after crossing into Minnetonka. He
suggested a consistent 35 miles per hour speed from County Road 5 into
Minnetonka, as many drivers actually drove 55 miles per hour. Duncan
suggested he speak with City Engineer Schultze after the meeting.
MOTION: Palmisano moved, seconded by Schumacher, to close the public
hearing. Motion carried 7-0.
Duncan commended the City bringing this forward so as not to place the burden
on the applicant. She stated she appreciated the public comments.
MOTION: Schumacher moved, seconded by Palmisano, to recommend approval
Request for approval of a Zone Change from Public to R1-22 on two parcels,
totaling 1.22 acres as recommended by staff as represented in the June 22, 2026
staff report. Motion carried 7-0.
VI. Reports
A. Planners report
B. Members’ reports
VII. Adjournment
MOTION: Farr moved, seconded by Schumacher, to adjourn the meeting. Motion
carried 7-0. Chair Duncan adjourned the meeting at 7:39 p.m.
Planning Commission Staff Report
Date: August 24, 2026
Location: 6633 Harlan Drive
Subject: Variance – Front Yard Setback
From: Beth Novak-Krebs, Senior Planner
Applicant: Susan Ray, property owner
Review Period
Expires: November 23, 2026
ITEM DESCRIPTION
Variance to permit the expansion of a deck 8 feet into the required front yard setback of 30’,
creating a 22’ front yard setback.
REQUESTED ACTION
Approve a variance to allow the expansion of an existing deck at 6633 Harlan Drive with the
expanded portion encroaching into the required 30’ front yard setback along Edenvale Boulevard.
The expanded portion of the deck will be as close as 22’ to the front property line. The lot has
frontage on both Harlan Drive and Edenvale Boulevard.
PROJECT DESCRIPTION / BACKGROUND
In 1999, a variance was granted
permitting the construction of a
10’ by 12’ deck into the
Edenvale front yard setback,
establishing a 24’ setback. The
order allowed a specific size
deck and a specific
encroachment.
The applicant proposes to
construct an addition to the
deck. This additional square
footage and encroachment will
not conform to the 1999 order.
The request is for a 10’ by 12’
deck with an encroachment of
8’. Prior to submitting the
application for a variance, the
applicant began constructing
the deck expansion but
stopped the work pending the results of this variance process.
The house, at 6633 Harlan Drive, is situated on a three-sided corner lot with frontage on both
Harlan Drive and Edenvale Boulevard. The property is zoned R1-9.5, which requires a 30’ front yard
setback along both Harlan Drive and Edenvale Boulevard. When the house was built in 1985, it was
built right at the 30’ setback line along Edenvale Boulevard. This left little space for a deck.
The property is 10,612
square feet with water and
sanitary sewer lines running
through the southern portion
of the lot. The lot, as platted,
has a Drainage and Utility
Easement (D&U) over the
southern corner of the lot
encumbering 1/3 of the total
lot area. There is also a 10’
wide D&U along Harland
Drive and Edenvale
Boulevard and a 5’ wide D&U
along the north property
line.
The home is a split-level home, which was built with a sliding glass door off the dining area on the
upper level. The sliding glass doors face Edenvale Boulevard.
Existing Deck
The current property owner is requesting a variance to extend the existing deck 12’ to the south
and add stairs. The deck extension would increase the original encroachment to 8’ into the 30’
setback. The proposed deck would be as close as 22’ from the front lot line.
State Statute establishes criteria for the granting of variances. Variances may be granted when they
are in harmony with the general purpose and intent of the ordinance and when the variances are
consistent with the comprehensive plan. Furthermore, variances may be granted when the
applicant for the variance establishes that 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
the zoning ordinance; the plight of the landowner is due to circumstances unique to the property
not created by the landowner; and the variance, if granted, will not alter the essential character of
the locality.
Below is an analysis of how the variance request satisfies these criteria.
1. Consistency with the Comprehensive Plan
EVALUATING THE VARIANCE REQUEST
Expanding the existing deck provides functional space for the current and future owners. The
property is guided residential, and a deck is a common element in residential districts.
2. Harmony with the Purpose and Intent of the Ordinance
Though the deck expansion encroaches into the front yard setback along Edenvale Boulevard,
the deck does not negatively impact the harmony of the neighborhood. The deck expansion is
a reasonable use on the property and the encroachment is not excessive.
3. Unique Circumstance and Practical Difficulties
There are several unique circumstances and practical difficulties on the subject property that
limit the deck expansion options that would conform to City Code.
The property is three sided, with 2 sides along public streets. The public streets require a 30’
front yard setback.
A substantial drainage and utility easement protects sanitary sewer and water lines running
across the south side of the lot. The easement encompasses 1/3 of the lot area. There are also
standard drainage and utility easements along the property lines. The City does not allow
structures in the drainage and utility easements.
Once the setbacks, the placement of the home, and the drainage and utility easements are
accounted for, it leaves little room for options to expand the deck. There are very few three-
sided single-family lots with 43% of the lot area encumbered by easements that would
otherwise be buildable.
4. Alteration of the Essential Neighborhood Character
The expansion of the existing deck will not alter the neighborhood character. Setbacks are
intended to establish minimal yard and open spaces between structures. In a yard adjacent to
a street, as is the situation with this application, the intended impact is the preservation of
open space and distribution of building mass along suburban streets. Driving southwest along
Edenvale, the existing fencing, slope of the road, and vegetation screen the improvement from
the road until the passerby is immediately adjacent. Driving north bound on Edenvale, the deck
improvement is not visually impactful, and the passerby does not note the reduced setback.
Staff recommends the Commission approve Final Order #2026-01 as recommended by staff in the
August 24, 2026 staff report.
ATTACHMENTS
Draft Final Order
Applicant’s Narrative
STAFF RECOMMENDATION
Susan Ray
6633 Harlan Dr
Eden Prairie, MN 55346
Attn. Eden Prairie Planning Commission
Re: Request for Area Variance – 6633 Harlan Drive, Eden Prairie, MN 55346
(Parcel ID: 04-116-22-41-0025)
Dear Members of the Eden Prairie Planning Commission,
I respectfully request approval of an area variance for my property located at 6633
Harlan Drive, Eden Prairie, MN 55346 (Parcel ID: 04-116-22-41-0025). The requested
variance would allow the construction of a modest extension to my existing second-story
deck and the addition of an exterior staircase to provide direct access from the deck to the
backyard. [Exhibit 1: Drone View of Property]
The addition of an exterior staircase would significantly improve both the safety and
functionality of the home. Currently, the only means of exiting the second-story level are
through the front entry, the adjacent garage entry at the split-level landing, or through the
basement. The existing deck, which is approximately 12 feet above ground, has no direct
exit to the yard. In the event that the patio door was blocked or malfunctioned, there
would be no safe exterior means of egress from the deck. [Exhibit 2: Photo of Existing
Deck]
The existing deck is located approximately 24 feet from the property line. I am requesting
a modest variance and approval for the new proposed deck extension and stairs to be
located no closer than 22 feet from the property line at its nearest point. Importantly, this
portion of the extension would be constructed over the footprint of the existing patio
rather than creating new space beyond the current patio area. There is an additional
10foot easement due to the location to Edenvale Boulevard
The need for this variance is created by the unique physical characteristics of the property
rather than by personal preference. The home is situated on an angled corner lot adjacent
to Edenvale Boulevard, resulting in an enlarged setback requirement that significantly
reduces the usable building area. In addition, the property has a double-wide frontage,
contains a utility easement, and has a long, narrow configuration. These conditions
severely limit the placement of improvements and make it difficult to construct a
functional deck and staircase allowing for safe egress from the existing deck while
complying with the required setback. A review of the enclosed property survey illustrates
how the lot's shape and location constrain the available space. . [Exhibit 3: Survey Map
of 6633 Harlan Dr]
Before arriving at the proposed design, my contractor and I evaluated several alternatives
that would keep the stairs within the footprint of the existing deck and 24 foot setback.
Unfortunately, each alternative presented significant practical or safety concerns.
Alternative 1: Installing the stairs on the southeast side of the existing deck. [Exhibit 4:
Existing Deck Stairs Survey View]
This proposed alternative would interfere with the existing design and is not
practicable. In particular, this approach would cause the gate providing backyard access
to interfere with the deck support post. This exit is the primary access to the water spigot
for the backyard. Accommodating this design would require relocating either the gate,
water spigot, or the support post. In addition, the stairs would extend approximately six
feet beyond the existing patio, be only about seven feet from the side fence, and terminate
approximately eighteen feet from the rear fence, making them highly visible from the
neighboring property. [Exhibit 5: Photo Measured Stair Footprint]
Alternative 2: Installing the stairs on the southwest side of the existing deck. [Exhibit 4:
Deck Stairs View]
This proposed alternative would interfere with the safe use of the basement patio
door. The stairs would begin descending four feet from the patio door and descend
approximately six feet beyond the end of the patio. This would limit safe access to the
basement and partially obstruct the hot tub under the existing deck.
Alternative 3: Installing the stairs on the south side of the existing deck. [Exhibit 4:
Deck Stairs View]
This proposed option, placing the stairs on the front of the existing deck, would
position them approximately eighteen feet from the property line while extending six feet
beyond the south end of the existing deck. This design would be too close to the existing
hot tub, restricting access and making routine use and removal of the hot tub cover
impractical. [Exhibit 5: Photo Measured Stair Footprint]
The proposed extended deck with stairs design provides the most practical and functional
solution. It extends the existing deck approximately ten feet to the southwest (though
only two feet closer to the road as per the previous variance request) and incorporates a
staircase that provides adequate clearance from the patio. It also allows the stairs to
descend at a safer grade due to the upward slope of the yard. The closest corner of the
proposed deck would remain approximately 22 feet from the roadway easement. [Exhibit
6: Survey with Deck and Stairs]
The proposed improvement will have minimal visual impact on the surrounding
neighborhood. The deck extension does not project beyond the footprint of the home in a
manner that is visually intrusive. It is only minimally visible from Edenvale Boulevard
and is largely screened from pedestrians using the adjacent walking path, who can
currently see only the top of the existing deck railing. The deck and staircase would not
be visible from the front of the home. There are no neighboring homes directly behind or
southeast of the property, and the neighbor to the southwest would see little more than the
existing deck. As a result, the project will not negatively affect neighboring properties,
pedestrian traffic, or vehicular traffic. [Exhibit 7: Edenvale Boulevard Photos]
The deck extension would also provide additional shade to the lower level of the home,
reducing direct solar heat gain during the summer months and improving the home's
energy efficiency.
In summary, I believe this request satisfies the criteria for granting an area variance. The
need for the variance is created by the property's unique configuration, corner location,
utility easements, and enlarged setback requirements rather than by personal preference.
Reasonable alternatives have been carefully evaluated and found to be impractical or less
safe. The proposed design represents the minimum variance necessary to provide safe
and functional access to the backyard while having no adverse impact on neighboring
properties, traffic, or the character of the neighborhood.
Thank you for your time and consideration of this request. I appreciate your thoughtful
review and would be pleased to answer any questions or provide any additional
information that may assist the Commission.
Respectfully,
Susan Ray
6633 Harlan Dr
Eden Prairie, MN 55346
Appendix
Exhibit 1: Drone View of Property
Exhibit 2: Photo of Existing Deck
Exhibit 3: Survey Map of 6633 Harlan Dr
Exhibit 4: Existing Deck Stairs Survey View
Exhibit 5: Photo Measured Stair Footprint
Exhibit 6: Survey Map with Deck and Stairs
Exhibit 7: Edenvale Boulevard Photos
Exhibit 1: Drone View of Property
Exhibit 2: Photo of Existing Deck
Exhibit 3: Survey Map of 6633 Harlan Dr
Exhibit 4: Existing Deck Stairs View
Exhibit 5: Photo Measured Stair Footprint
Measured footprint of southeast stairs
Measured footprint of south stairs
Exhibit 6: Survey with Deck and Stairs
Exhibit 7 Edenvale Boulevard Photos