Council cites zoning standards, downtown retail policy as factors in 5–0 vote
The Wayzata City Council voted unanimously Tuesday night to deny a request to further reduce required ground-floor retail space at 401 Lake Street East, affirming a recommendation from the Planning Commission and reinforcing long-standing retail policies for the downtown core.
The application, submitted by Studio BV on behalf of property owner Fish Base LLC, sought a variance to reduce required retail frontage and area along Lake Street from 22 percent—already lowered by a 2020 variance—to approximately 11 percent. The proposal would have allowed part of the existing Brick + Linen retail space to be converted into a conference room for the building’s third-floor office user.

The property sits at the northeast corner of Lake Street and Manitoba Avenue, directly across from the Wayzata Depot to the south and Five Swans to the west. It is zoned C-4 Central Business District, where city code requires at least 50 percent of ground-floor frontage and area along Lake Street to be devoted to retail or service commercial uses.
Planning Commission recommendation
The Planning Commission reviewed the request in November and, on Dec. 1, adopted findings recommending denial. Commissioners concluded the applicant had not demonstrated the “practical difficulties” required for a variance under state law and city code, and that a further reduction in retail space would be inconsistent with the city’s comprehensive plan and the intent of Lake Street as a retail-oriented corridor.
Applicant explanation
During the council meeting, Mayor Andrew Mullin asked the applicant to explain what was driving the request. Aaron Foley, representing Fish Base LLC, said the ground-floor retail tenant has a lease running through 2029 but has struggled to make the retail component work. Foley said the proposal was intended to provide some relief to the tenant while allowing time to explore subleasing options, and to accommodate expansion needs for the office use on the third floor.
Foley confirmed there had been no additional sublease activity since the Planning Commission meeting, noting the tenant was waiting on the council’s final decision before moving forward.
Council discussion
Council members expressed empathy for the challenges facing downtown retailers, while repeatedly returning to the legal standards governing variances.
Councilmember Molly MacDonald said she supported the Planning Commission’s recommendation, citing its focus on maintaining retail in the downtown core. “I was really heartened to see and observe the Planning Commission’s commitment to retail in our downtown,” MacDonald said. “I support their findings and their recommendation for this application.”
Councilmember Dan Koch said he “struggled with this one,” noting the city’s history of allowing some flexibility in retail requirements for other Lake Street developments and his concern about vacant storefronts. However, he said the building had already received concessions at the time of approval and said he would respect the commission’s findings and support denial.
Councilmember Ken Sorensen agreed, describing the request as “a variance to a variance” and emphasizing the cumulative effect of repeated reductions in retail space. Sorensen acknowledged that vacant retail is a significant downtown issue, but said the broader challenge should be addressed separately from the application before the council.
Councilmember Alex Plechash called the situation unfortunate and said resizing the retail space could benefit both the tenant and the property owner without materially changing the building’s character. Still, he said the request did not meet the city’s code requirements and highlighted the need for a future policy discussion about requiring retail in locations where it may not function well.
Mayor Mullin said the variance criteria made approval difficult. “If you just look at the standard of variance, it’s hard to find the criteria that would support it,” Mullin said.
Mullin also pointed to rising commercial property taxes and operating costs as a growing pressure on downtown retailers, noting that Wayzata businesses are competing with regional shopping centers offering lower rents and higher traffic. He said the city should convene stakeholders to explore tools it can control—such as zoning definitions, potential tax relief, or other policy adjustments—to better support downtown retail over the long term.
Vote and next steps
After discussion, the council adopted Resolution 46-2025 denying the variance by a 5–0 vote.
While the decision leaves the existing retail requirements in place at 401 Lake Street East, several council members signaled interest in revisiting downtown retail policy more broadly in future workshops, separate from the variance process.







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