WAYZATA — The owner of 549 Harrington Road has filed a civil lawsuit in Hennepin County District Court challenging the City of Wayzata’s approval of a major lakeshore setback variance granted for the neighboring property at 547 Harrington Road.
The lawsuit, filed October 2, 2025, names the City of Wayzata, Kyle Hunt & Partners Artisan Homes, and property owners Laurie Headrick, Karin Webster, and Craig Swanson as defendants. The plaintiff, the DLC 2020 Revocable Trust—represented by Taft Stettinius & Hollister LLP—is owned or controlled by Dan Cosentino (according to the complaint), who spoke in opposition to the variance at the September 17th council meeting.
The lawsuit stems from the City Council’s September 2025 decision to approve a variance reducing the required lakeshore setback from 260.5 feet to 108 feet—a reduction of more than 150 feet from the city’s ordinance standard. The vote to approve passed 3–2, with Council Members Alex Plechash and Molly MacDonald dissenting.
According to the complaint, the plaintiff contends that the city acted “arbitrarily, capriciously, and unreasonably” in granting the variance, arguing that the proposal did not meet the mandatory criteria laid out in Wayzata’s zoning code. Those criteria require that any variance demonstrate unique property circumstances, compliance with the intent of the ordinance, and mitigation of environmental and visual impacts through a formal shoreland plan.
The lawsuit seeks declaratory and equitable relief, asking the court to void the city’s variance approval and to prohibit further development based on that decision. It also requests nominal damages and any other relief the court deems appropriate.
The disputed parcel, located along the lake side of Harrington Road near Ferndale, sparked considerable debate from those both supporting and opposing the variance. During the City Council’s September 17 meeting, several residents voiced concern that granting such a significant setback reduction could set an undesirable precedent for future variance requests along Wayzata’s shoreline. Others spoke in full support of the proposal.
The City of Wayzata has not yet issued a statement regarding the lawsuit. The case will proceed through the Fourth Judicial District’s civil division, where initial responses and scheduling orders are expected in the coming weeks.
Wayzata.com will provide updates as the case moves forward.
