WAYZATA — Despite a Planning Commission recommendation to deny the request, the Wayzata City Council voted 4–1 on May 20 to move forward with approving a variance for a home under construction at 617 Park Street East. Councilmember Molly MacDonald cast the only vote against the measure.
The variance relates to a one-foot encroachment by roof eaves into the east side yard setback. Under city code, eaves are allowed to extend two and a half feet into a side yard; in this case, they extend three and a half feet. While the home’s walls meet the required 10-foot setback, the overhanging eaves exceed the allowed projection.
City staff acknowledged the error was missed during the permit review process. Crucially, the plans submitted by Custom One Homes, a Woodbury-based builder, were never compliant with city code. Staff said the building elevations showed the extended eaves, but those dimensions weren’t reconciled with the setback requirements shown on the survey.
“It was a miss—by both staff and the builder,” stated Development Director Alex Sharpe. “But it should have been caught. The submitted plans simply didn’t comply.”
Property owner Bob Jossart, who is building the home for himself, told the council the error was unintentional. “The design we approved should have been compliant,” he said. “If the house were one foot farther to the west, we wouldn’t be here. I’m sorry we’re in this position.”
Wayzata Council Moves to Approve Controversial Variance at 617 Park Street East
The Planning Commission voted 4–3 to recommend denial. While one neighbor submitted a letter of opposition, the neighbor most directly affected by the encroachment expressed reluctant support. Several councilmembers said they believed the variance request was reasonable given the narrow scope of the encroachment and the lack of strong neighborhood opposition.
“I appreciate the homeowner’s transparency,” said Councilmember Alex Plechash. “There was no intent to deceive, and there’s no easy fix at this point that wouldn’t diminish the integrity of the home.”
Councilmember MacDonald took a firmer stance. “This is the largest, flattest lot on the block,” she said. “There was every opportunity to build a compliant home. We’ve been studying this zoning district closely for compatibility and scale, and I just don’t believe this variance meets the standards.”
Neighbors Support Variance—But Criticize Builder Conduct
Mayor Andrew Mullin noted that adjacent neighbors, including Gareth Goodall as well as Sarah & Elliot Randall, urged the council to approve the variance despite serious concerns with the builder’s conduct. Mullin said both households were frustrated by what they described as Custom One Homes being “tone deaf,” inattentive to neighbor concerns, and generally unresponsive during construction—citing issues with parking, communication, and a lack of courtesy.
“They were emphatic that they want this project to move forward,” said Mullin. “But they were also clear that they’ve had a difficult experience with the builder and felt their concerns were dismissed.”
Next Steps
The council directed staff to draft findings of fact and a resolution to approve the variance, which will be brought back at the next regular meeting. If approved, the variance will legalize the existing eave overhang despite it exceeding the city’s allowable encroachment limit by 12 inches.
