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Bhojwani Dock Variance CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 BUilding Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us ~ MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Terry Jeffery, Water Resources Coordinator DATE: v'kV ~ June 8, 2009 SUBJ: Bhojwani Dock Variance - Planning Case #09-07 PROPOSED MOTION: "The City Council approves Planning Case 09-07 as shown in plans dated April 17, 2009 for a 46-foot variance request from the allowed 25-foot crossbar for docks as outlined in the staff report, and adopt the attached Findings of Fact and Decision." City Council approval requires a majority of City Council present. EXECUTIVE SUMMARY The applicant is requesting an after-the-fact variance from Section 6-26(2)(c) of the Chanhassen City Code. This section of the code reads, "The crossbar of any dock shall not measure in excess of 25 feet in length." The applicant has constructed the frame for a dock that will measure 71 feet in length approximately parallel to the shoreline when completed. The total variance requested is 46 feet. Planning Commission Update A public hearing was held at the May 19,2009 Planning Commission meeting for this item. The Planning Commission voted 5 to 0 to approve the request for an after- the-fact variance for the construction of a 71- foot dock crossbar as measured parallel to the shoreline. Staff initially recommended approval of two slips which measured 46 feet in crossbar length. The Planning Commission drew the following conclusion: "A one-size-fits-all approach may not be appropriate for riparian property rights. Given that the applicant has more than ten times the length of shoreline as the typical lot on Lake Minnewashta, the denial of their requested use could be viewed as restricting their use and enjoyment of their lake property." The Planning Commission approved the request with the condition that the applicant allows his permanent dock to be inspected by the City for review of appearance and fitness of use on an annual basis. The Planning Commission minutes for May 19,2009 are item la of the City Council packet. Chanhassen is a Community for Life. Providing for Today and Planning for Tomorrow Todd Gerhardt Bhojwani Dock Variance June 8, 2009 Page 2 RECOMMENDATION The Planning Commission recommends the City Council adopt the following motion: "The Chanhassen City Council approves Planning Case 09-07 as shown in plans dated April 17, 2009 for a 46-foot variance request from the allowed 25-foot crossbar for docks as outlined in the staff report, and adopts the attached Findings of Fact and Decision, with the following condition: 1. The applicant allows his permanent dock to be inspected by the City for review of appearance and fitness of use on an annual basis. ATTACHMENTS 1. Findings of Fact and Decision. 2. Public Hearing Notice and Affidavit of Mailing. 3. Planning Commission Staff Report (Revised) Dated June 8, 2009. g:\plan\2009 planning cases\09-07 bhojwani dock variance\executive summary .doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION INRE: Application of Gary Bhojwani for an after-the-fact variance for the purpose of constructing a dock with a 71-foot long crossbar - Planning Case 09-07. On May 19,2009, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The City Council makes the following: FINDINGS OF FACT 1. The property is currently zoned Single-Family Residential (RSF). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential - Low Density (1.2 - 4.0 units per net acre) uses. 3. The legal description of the property is Tracts I & L, Registered Land Survey No.7. 4. Variance Findings - Section 6-23 of the City Code provides the following criteria for the granting of a dock variance: a. By reason of topography, soil conditions or other physical characteristics of the lakeshore site, strict compliance with the dock requirements could cause an exceptional or undue hardship to the enjoyment of the use of the lakeshore site; provided, that a variance may be granted only if the variance does not adversely affect purpose and intent of this chapter. Finding: The applicant's property has more than ten times the length of shoreline of the typical lot on Lake Minnewashta. Because of the unique circumstances involving the exceptional shoreline length it is an undue hardship to restrict the size of the dock on the property because the proposed use under the circumstances is reasonable. b. Undue hardship is defined in Section 20-58 of the City Code to mean that the literal enforcement of this chapter would cause undue hardship. For purposes of the definition of undue hardship, reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that in developed neighborhoods pre-existing standards exist. 1 Variances that blend with these pre-existing standards without departing downward from them meet these criteria. Finding: There are nine single-family residential properties with lake frontage within 500 feet of the applicant's residence. These properties have lake frontage ranging from 85 to 140 feet. All of these properties maintain temporary docks and can, by code, moor up to three boats overnight. None of these properties have a crossbar on any dock in excess of 25 feet as allowed by code but the combined shoreline of these nine lots is shorter than the Applicant's. Limiting the length of the crossbar that the applicant may construct would prescribe a standard which is not consistent with the amount of lakeshore the applicant currently owns and this restriction would, in and of itself, constitute a hardship. 5. The planning report #09-07, dated June 8, 2009, prepared by Terry Jeffery, et aI, is incorporated herein. DECISION The City Council approves planning Case 09-07 as shown in plans dated received April 17 , 2009, for a 46-foot variance request from the allowed 25-foot crossbar for docks. ADOPTED by the Chanhassen City Council this 8th day of June, 2009. CITY OF CHANHASSEN BY: Thomas A. Furlong, Mayor ATTEST: Todd Gerhardt, City Manager/Clerk 2 CITY OF CHANHASSEN AFFIDA VIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on May 28, 2009, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for the Bhojwani Dock Variance - Planning Case 09-07 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me thisd~+~ day of mU-.,,-( ,2009. \ , KIM T. 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C C o G> ~E ~ E :s 0 00 ALAN C & CHRISTINE L LEIDING 6331 DOGWOOD AVE EXCELSIOR MN 55331-8850 DAVID M DRESSLER 6341 DOGWOOD AVE EXCELSIOR MN 55331-8850 L WINSTON & ELAINE G HAGEN 6300 CYPRESS DR EXCELSIOR MN 55331-8841 MINNEWASHTA SHORES INC C/O PATRICIA CRANE 6341 CYPRESS DR EXCELSIOR MN 55331-8842 PAUL DAVID COFFEY & LAUREL COFFEY 6351 DOGWOOD AVE EXCELSIOR MN 55331-8850 ROBERT M & SUSAN S MACUNA 6340 CYPRESS DR EXCELSIOR MN 55331-8841 WILLIAM J & CATHRYN L FOSSING 6330 CYPRESS DR EXCELSIOR MN 55331-8841 BARBARA DIANE WINTHEISER 3321 SHORE DR EXCELSIOR MN 55331-7815 GARY C & KELLI R BHOJW AN I 3301 SHORE DR EXCELSIOR MN 55331-7815 LADD N & SIA B LANGUM 6331 CYPRESS DR EXCELSIOR MN 55331-8842 NATHANIEL C MALEN & KATHRYN L MIHULKA 6321 DOGWOOD AVE EXCELSIOR MN 55331-8850 PAUL L & VIRGINIA L RICHIE 3342 SHORE DR EXCELSIOR MN 55331-7814 STEVEN G & JEAN K WOOD 6341 CYPRESS DR EXCELSIOR MN 55331-8842 BRIAN N & NANCY L TICHY 6240 CYPRESS DR EXCELSIOR MN 55331-8839 JONATHAN D & KRISTI K HARRIS 3241 DARTMOUTH DR EXCELSIOR MN 55331-8844 LARRY B & MARY CAROL OPPEGAARD 6310 CYPRESS DR EXCELSIOR MN 55331-8841 PAUL D QUARBERG & JANET JASIN QUARBERG 3311 SHORE DR EXCELSIOR MN 55331-7815 RACHEL MARY LIVINGSTON 3331 SHORE DR EXCELSIOR MN 55331-7815 WILLIAM & JEAN M MCDANIEL 3341 SHORE DR EXCELSIOR MN 55331-7815 Bhojwani Dock Variance Request 3301 Shore Drive Public Hearing Notification Area (300 feet) City Council Meeting June 8, 2009 state Hwy 7 ill a co CD ~ CD lake Minnewashta Legend D Subject Property _ Properties within 300 feet I .. --_..~--~ CC DATE: June 8, 2009 D PC DATE: May 19,2009 CITY OF CHANHASSEN REVIEW DEADLINE: June 16,2009 CASE #: 09-07 BY: TJ, SJ PROPOSED ALTERNATE MOTIONS: "The City Council approves Planning Case 09-07 as shown in plans dated April 17 , 2009 for a 46-foot variance request from the allowed 25-foot crossbar for docks as outlined in the staff report, and adopts the attached Findings of Fact and Decision." The Plan..1ing Commission r~commoo.ds that the City Cooocil deny Planning Case 09 07 as shovm in plans dated reeeiyed April 17, 2009, for a 16 root variance request from the allo':;ed 25 foot crossbar for doeks as outlined in the staff report, and adopt of the attaehed findings of faet for denial." -ef- "The Plal.'lfling CoIIHTIission recommends that the City Council approve Planning Case 09 07 as sho\VIl in plaas dated received }.priI17, 2009, for a 16 foot';arianee from the allO\ved 25 foot crossbar for docks for the placement of 1'.\'o slips as outlined in the staff report subject to conditions, and adopt of the attached findings of fact and recommendation." SUMMARY OF REQUEST: The applicant is requesting an after-the-fact variance from Section 6-26(2)( c) of the Chanhassen City Code. This section of the code reads, "The crossbar of any dock shall not measure in excess of 25 feet in length." The applicant has constructed the frame for a dock that will measure 71 feet in length approximately parallel to the shoreline when completed. The total variance requested is 46 feet. LOCATION: 3301 Shore Drive - Tract I and Tract L of Registered Land Survey No.7 APPLICANT: Gary Bhojwani 3301 Shore Drive Excelsior, MN 55331 PRESENT ZONING: Single-Family Residential (RSF) 2030 LAND USE PLAN: Residential-Low Density (1.2-4 units/acre) ACREAGE: 3.89 Acres LENGTH OF SHORELINE: 1,169 lineal feet Bhojwani Dock Variance Planning Case 09-07 .I. lay J 9, 2009 June 8, 2009 Page 2 oJ8 LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Boats and Waterways Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. APPLICABLE REGUA TIONS This variance request is subject to Chapter 6. PROPOSAL SUMMARY The applicant is requesting an atler-the- fact variance for the construction of a dock that measures 71 feet in length measured parallel to the shoreline. The city code allows a maximum length of 25 feet measured parallel to the shoreline. The site is bordered by Lake Minnewashta on the south and east and is southeast of Cypress Drive. The property is a riparian lot, with an area of 3 .89 acres, 1,169 feet of shoreline and is zoned Residential Single Family (RSF). Staff is recommending denial ofthc applicant's requcst with an alternatc motion for approval. The Planning Commission recommended approval of the applicant's request. Bhojwani Dock Variance Planning Case 09-07 I,lay 19, 2009 June 8, 2009 Page 3 of8 BACKGROUND The applicant purchased the property in 2007. At the time, the site contained two docks with comparable overall length and surface area to the dock proposed by the applicant. Staff located aerial photographs that date back to 1991 that showed two seasonal docks; however, staff was unable to locate any form of documentation permitting the two structures. City Code allows one dock per lakeshore property. This is an existing non-conforming use. Construction on the new dock began in good faith. The applicant's contractor reviewed city code and concluded that construction of the dock did not require a city permit. The goal was to combine the two seasonal docks with one permanent and comparable in size dock. The new location had improved sight lines and eliminated the non-conformity of having two docks; however, the new dock has dimensions that exceed the limits permitted by ordinance. As construction began, staff received a complaint regarding a dock that was being constructed on Lake Minnewashta. The caller was concerned with the size of the structure. Staff inspected the site and found a dock with three slips. Staff determined that the dock exceeded the 25-foot crossbar length limitation permitted by ordinance. Staff issued a Stop Wark Order until a solution could be reached. The applicant requested permission to complete the section of the dock that met ordinance requirements. He entered into an agreement with the city enabling him to complete the first slip. It was concluded that one slip is in compliance with City Code. The applicant had two choices; bring the dock into compliance or apply for a variance. The applicant elected to apply for a variance. 'Qr' . 0- --~ Bhojwani Dock Variance Planning Case 09-07 }v/ay 19, 2{)()9 June 8, 2009 Page 40f8 Staff has received 22 emails and/or letters regarding the dock. They have been included for your reVIew. CITY CODE The pertinent sections of the City Code dealing with variances read as follows: Sec. 6-23. Variances. (a) The city council may grant a variance from the dock requirements of this article where it is shown that by reason of topography, soil conditions or other physical characteristics of the lakeshore site, strict compliance with the dock requirements could cause an exceptional or undue hardship to the enjoyment of the use of the lakeshore site; provided, that a variance may be granted only if the variance does not adversely affect purpose and intent of this chapter. Sec. 20-58 (a)Undue hardship is addressed in Chapter 20 Section 58 (a). That the literal enforcement of this chapter would cause undue hardship. For purposes of the definition of undue hardship, reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that in developed neighborhoods pre-existing standards exist. Variances that blend with these pre-existing standards without departing downward from them meet these criteria. ANALYSIS Docks are regulated under Chapter 6 of the City Code. The following constitute staff s [mdings of the applicant's request. Chapter 6, Article II Structures Section 6-24. Location Restrictions Request No dock, mooring or other structure shall be so located as to: (1) Obstruct the navigation of any lake; When the applicant was considering where to locate the dock, it was decided that it should not be placed at the previous location as other neighbors had expressed concern that the dock was difficult to see due to poor sight lines created by the shape of the shoreline and existing vegetation. The current placement should not pose any obstruction to normal boat traffic on the lake. Bhojwani Dock Variance Planning Case 09-07 JJay 19, 2009 June 8, 2009 Page 50f8 Section 6-24. Location Restrictions Request (2) Obstruct reasonable use or access to any other The applicant has 1,169 feet of shoreline. dock, mooring or other structure authorized The current dock location is at least 540 under this chapter; feet from any adjoining property. (3) Present a potential safety hazard; or The applicant selected this placement with the input of their neighbors. The neighbor indicated that the placement of the previous owner's dock was difficult to see and posed a potential hazard when water skiing. (4) Be detrimental to significant fish and wildlife The applicant considered the location of habitat or protected vegetation. the wetland north of the current location when selecting the dock placement. This current placement was selected to avoid impacts to the wetland. Section 6-26 regulates dimensions, number of docks, etc. The following is staffs findings: Section 6-26. Docks. No more than one dock shall be permitted on any lake shore site. No dock shall exceed six feet in width and no dock shall exceed the greater of the following lengths: (1) 50 feet; or (2) The minimum straight-line distance necessary to reach a water depth of four feet. Request When the applicant purchased the property in April of 2007 there were two docks located on the property (see attached historical aerial photographs). The applicant is removing this non-conforming use by consolidating these two docks into one dock. This action eliminated the nonconformity of having two docks, however, has created a structure that exceeds maximum crossbar length requirements. The dock extends fifty (50) feet from the shore line. The applicant stated that he chose this location for several reasons, one of which being that a shorter dock could be used to reach deeper water. Bhojwani Dock Variance Planning Case 09-07 l.fay 19, 2009 June 8, 2009 Page 60f8 Section 6-26. Docks. The width (but not the length) of the cross-bar of any "T" or "L" shaped dock shall be included in the computation of length described in the preceding sentence. The cross- bar of any such dock shall not measure in excess of 25 feet in length. No dock shall encroach upon any dock setback zone; provided, however, that the owners of any two abutting lake shore sites may erect one common dock within the dock setback zone appurtenant to the abutting lakeshore sites, if the dock is the only dock on the two lake shore sites and if the dock otherwise conforms with the provisions of this chapter. No person shall store fuel upon any dock. No oscillating, rotating, flashing or moving sign or light may be used on any dock. No advertising signs shall be displayed from an dock. Access across wetlands shall be subject to the standards set forth in section 20-405. Docks shall be elevated a minimum of six to eight inches above the ordinary high water elevation. Re nest The crossbar extends 54 feet north from the main dock and a swimming platform extends 12 feet south of the main dock. Combined with the dock width of five (5) feet, the total length of the crossbar is 71 feet. This has necessitated the variance request. I 50' I 1--13' --+5'1 32' I ... 5' 1 13' 1 5' 1 13' .... ~ 1 r 13' 1 5' f 12' 1 .. 8'-1 The applicant has 1,169 feet of shoreline and the dock is located approximately central on the property. There is no encroachment into the dock setback zone. The applicant has no intention of storing fuel on the dock. The applicant has no intention of using a light with any of the prohibited characteristics. The applicant has no intention of displaying any advertisement signs on the dock. The applicant selected the dock location for a variety of reasons. In addition the length needed to reach a suitable water depth, the applicant elected this location to avoid impacts to the preserve wetland located north of the current dock location. The dock will meet the minimum height re uirements. Bhojwani Dock Variance Planning Case 09-07 Ala)' 19, 2009 June 8,2009 Page 70f8 MISCELLANEOUS As much as 18 feet of the pilings are buried below the lake bottom. This requires special equipment for installation or removal. This equipment is a wheeled vehicle which needs to be driven on the frozen surface of the lake. Due to this fact, the pilings will could not be removed until there are safe ice conditions on the lake. This fact should be considered when rendering a decision on this issue. Corrections will could not occur prior to such a time when travel on the lake is safe. VARIANCE Sec. 6-23. (a) Variances. By reason of topography, soil conditions or other physical characteristics of the lake shore site, strict compliance with the dock requirements could cause an exceptional or undue hardship to the enjoyment of the use of the lakeshore site; provided, that a variance may be granted only if the variance does not adversely affect purpose and intent of this chapter. Finding: There are fl() physical charaeteristics of the site that wOl:lld pre elude eompliance with the City Code requirements. A one-size-fits-all approach may not be appropriate for riparian property rights. Given that the applicant has more than ten times the length of shoreline as the typical lot on Lake Minnewashta, the denial of their requested use could be viewed as restricting their use and enjoyment of their lake property. Sec. 20-58 (a) Undue Hardship That the literal enforcement of this chapter would cause undue hardship. For purposes of the definition of undue hardship, reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that in developed neighborhoods pre-existing standards exist. Variances that blend with these pre-existing standards without departing downward from them meet these criteria. Finding: There are nine single-family residential properties with lake frontage within 500 feet of the applicant's residence. These properties have lake frontage ranging from 85 to 140 feet. All of these properties maintain temporary docks and can, by code, moor up to three boats overnight. None of these properties have a crossbar on any dock in excess of25 feet as allowed by code. Given City Code indicates that three boats may be moored overnight, staff concludes that this, coupled with access to the lake, are reasonable uses. The applicant could store three boats without building three individual slips thereby reducing, if not eliminating, the variance requested. The applicant has indicated that the two lifts he has purchased are designed such that they need to be mounted on the pilings rather than resting on the lake bottom. Even allowing for the two lifts, the applicant could eliminate the third slip and the swimming Bhojwani Dock Variance Planning Case 09-07 }.1ay 19, 2009 June 8, 2009 Page 80f8 platform and still have reasonable use of the lake - even allowing overnight dockage of all three watercraft he owns. The third watercraft would not be enclosed within a slip but rather would have to be docked alongside the main dock. This configuration would require a crossbar 41 feet in length and a variance of 16 feet from the allowed 25-foot crossbar. It has been argued that by limiting the length of the crossbar which the applicant may construct, a standard would be prescribed which is not consistent with the amount of lakeshore the applicant currently owns and this restriction would, in and of itself, constitute a hardship. RECOMMENDATION "The Planni.flg Commission reeomm.ends that the City Council deay approves Planning Case 09-07 as shown in plans dated received April 17, 2009, for a 46-foot variance request from the allowed 25- foot crossbar for docks as outlined in the staff report, and adopts the attached findings of facts and decision action for denial." Should the Plafllling Commission reeommend to the City Couneil approval of this request, staff reeommeHds the follo'.ving motion: "The Planning Commission recommends that the City Couneil approve Plar~-llng Case 09 07 for a 16 foot variance to the length of a crossbai" as sho'tm in plans dated received i\pril 17, 2009, and adopt the attoohed fiFKlings of fact for approval vJtth the following conditions: 1. The applicant shall remove the most northerly slip resulting in two slips. 2. The applieant sflall remoyc the platform. 3. The final configuration shall cOl'llply vJtth the eOEgm'atioH shown belo'N. 4. The overall length of the crossbar shall not exceed 4-l- 71 feet. 5. The applicant allows his permanent dock to be inspected by the City for review of appearance and fitness of use on an annual basis. ATTACHMENTS 1. Findings of Fact Alternate A (Denial). 2. Findings of Fact Alternate B (Approval). 3. Application. 4. Emails and letters from property owners. 5. Public Hearing Notice and Affidavit of Mailing. 6. Survey dated received April 17, 2009. g:\plan\2009 planning cases\09-07 bhojwani dock variance\staff report _ cc _ 060809.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION ALTERNATE A INRE: Application of Gary Bhojwani for an after-the-fact variance for the purpose of constructing a dock with a 71-foot long crossbar - Planning Case 09-07. On May 19,2009, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Single-Family Residential (RSF). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential- Low Density (1.2 - 4.0 units per net acre) uses. 3. The legal description of the property is Tracts I & L, Registered Land Survey No.7. 4. Variance Findings - Section 6-23 of the City Code provides the following criteria for the granting of a dock variance: a. By reason of topography, soil conditions or other physical characteristics of the lakeshore site, strict compliance with the dock requirements could cause an exceptional or undue hardship to the enjoyment of the use of the lakeshore site; provided, that a variance may be granted only if the variance does not adversely affect purpose and intent of this chapter. Finding: There are no physical characteristics of the site that would preclude compliance with the City Code requirements. b. Undue hardship is defined in Section 20-58 of the City Code to mean that the literal enforcement of this chapter would cause undue hardship. For purposes of the definition of undue hardship, reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that in developed neighborhoods pre-existing standards exist. Variances that blend with these pre-existing standards without departing downward from them meet these criteria. 1 Finding: There are nine single-family residential properties with lake frontage within 500 feet of the applicant's residence. These properties have lake frontage ranging from 85 to 140 feet. All of these properties maintain temporary docks and can, by code, moor up to three boats overnight. None of these properties have a crossbar on any dock in excess of 25 feet as allowed by code. Given City Code indicates that three boats may be moored overnight, staff concludes that this, coupled with access to the lake, are reasonable uses. The applicant could store three boats without building three individual slips, thereby reducing, if not eliminating, the variance requested. The applicant has indicated that the two lifts he has purchased are designed such that they need to be mounted on the pilings rather than resting on the lake bottom. Even allowing for the two lifts, the applicant could eliminate the third slip and the swimming platform and still have reasonable use of the lake - even allowing overnight dockage of all three watercraft he owns. The third watercraft would not be enclosed within a slip but rather would have to be docked alongside the main dock. This configuration would require a crossbar 41 feet in length and a variance of 16 feet from the allowed 25-foot crossbar. 5. The planning report #09-07, dated May 19, 2009, prepared by Terry Jeffery, et aI, is incorporated herein. RECOMMENDA TION The Planning Commission recommends that the City Council deny Planning Case 09-07 as shown in plans dated received April 17, 2009, for a 46-foot variance request from the allowed 25- foot crossbar for docks. ADOPTED by the Chanhassen Planning Commission this 19th day of May, 2009. CHANHASSEN PLANNING COMMISSION BY: Its Chairman 2 CITY OF CHANHASSEN CARVER AND HENNEPIN COuNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION AL TERNA TE B INRE: Application of Gary Bhojwani for an after-the-fact variance for the purpose of constructing a dock with a 71-foot long crossbar - Planning Case 09-07. On May 19,2009, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed variance preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Single-Family Residential (RSF). 2. The property is guided in the Chanhassen Comprehensive Plan for Residential- Low Density (1.2 - 4.0 units per net acre) uses. 3. The legal description of the property is Tracts I & L, Registered Land Survey No.7. 4. Variance Findings - Section 6-23 of the City Code provides the following criteria for the granting of a dock variance: a. By reason of topography, soil conditions or other physical characteristics of the lakeshore site, strict compliance with the dock requirements could cause an exceptional or undue hardship to the enjoyment of the use of the lakeshore site; provided, that a variance may be granted only if the variance does not adversely affect purpose and intent of this chapter. Finding: There are no physical characteristics of the site that would preclude compliance with the City Code requirements. b. Undue hardship is defined in Section 20-58 of the City Code to mean that the literal enforcement of this chapter would cause undue hardship. For purposes of the definition of undue hardship, reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that in developed neighborhoods pre-existing standards exist. Variances that blend with these pre-existing standards without departing downward from them meet these criteria. 1 Finding: There are nine single-family residential properties with lake frontage within 500 feet of the applicant's residence. These properties have lake frontage ranging from 85 to 140 feet. All of these properties maintain temporary docks and can, by code, moor up to three boats overnight. None of these properties have a crossbar on any dock in excess of 25 feet as allowed by code. Given City Code indicates that three boats may be moored overnight, staff concludes that this, coupled with access to the lake, are reasonable uses. The applicant could store three boats without building three individual slips, thereby reducing, if not eliminating, the variance requested. The applicant has indicated that the two lifts he has purchased are designed such that they need to be mounted on the pilings rather than resting on the lake bottom. Even allowing for the two lifts, the applicant could eliminate the third slip and the swimming platform and still have reasonable use of the lake - even allowing overnight dockage of all three watercraft he owns. The third watercraft would not be enclosed within a slip but rather would have to be docked alongside the main dock. This configuration would require a crossbar 41 feet in length and a variance of 16 feet from the allowed 25-foot crossbar. 5. The planning report #09-07, dated May 19,2009, prepared by Terry Jeffery, et aI, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve Planning Case 09- 07 as shown in plans dated received April 17, 2009, for a 16-foot variance request from the allowed 25-foot crossbar for docks with the following conditions: 1. The applicant shall remove the most northerly slip resulting in two slips. 2. The applicant shall remove the platform. 3. The final configuration shall comply with the configuration shown below. 4. The overall length of the crossbar shall not exceed 41 feet. or 5' r 13' 1 l' 41' 13' 1 ~' 1-13' --+5'1 32' I 50' 2 ADOPTED by the Chanhassen Planning Commission this 19th day of May, 2009. CHANHASSEN PLANNING COMMISSION BY: Its Chairman 3 Planning Case No. 09 ~ 07 CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227-1100 CITY OF CHANHASSEN RECEIVED DEVELOPMENT REVIEW APPLICATION APR 1 7 2009 PLEASE PRINT Applicant Name and Address: GRry Co Rhojwani 3301 Shore Drive Excelsior, MN 55331 Contact: Phone: a:i:2 345-0930 Fax: Email: gary.bhojwani@allianzlife.com :"'IIAll.ll ^,...... Owner Name and Address:~' GRry Co Rhojwani 3301 Shore Drive Excelsior, MN 55331 Contact: Phone: 612 345-0930 Fax: Email: gary.bho;wani@allianzlife.com , NOTE: Consultation with City staff is reauired prior to submittal, including review of development plans ! Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit (CUP) Vacation of Right-of-Way/Easements (VAC) Interim Use Permit (IUP) x Variance (VAR) f}....60 Non-conforming Use Permit Wetland Alteration Permit (WAP) Planned Unit Development* Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review X Notification Sign - $200 (City to install and remove) Site Plan Review (SPR)* x ~w for Filing Fe=ey Cost** ~UP/SPRNA A AP/Metes & Bounds - $450 Minor SUB . _ co TOTAL FEE $'tso- CX--#: -:soo 9 Subdivision* An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy for each plan sheet along with a diaital CODY in TIFF-Group 4 (*.tif) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: Bhojwani Dock LOCATION: 3301 Shore Drive. Excelsior. MN 55331 LEGAL DESCRIPTION AND PID: Ji9'.(.7nM\nqA 2.S"-(.:;,tOcoqO TOTAL ACREAGE: ~ WETLANDS PRESENT: x YES NO PRESENT ZONING: REQUESTED ZONING: RSF N/A PRESENT LAND USE DESIGNATION: Residential REQUESTED LAND USE DESIGNATION: N / A REASON FOR REQUEST: To allow completion of a permanent dock that is 7' Feet wide (vs. 25 Feet wide) FOR SITE PLAN REVIEW: Include number of existing employees: N/ A and new employees: N/ A This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. Signature of Fee Ow 44" Date iff~ /or Date SCANNED G:\PLAN\Forms\Development Review Application.DOC Rev. 1/08 Jeffery. Terry From: Sent: To: Subject: Larry Oppegaard [Iarry.oppegaard@gmail.com] Tuesday, May 12, 2009 10:02 AM Furlong, Tom; Gerhardt, Todd; Aanenson, Kate; Jeffery, Terry; gary.bhojwani@allianzlife.com Bhojwani Dock May 12, 2009 Chairperson and Members of the Chanhassen Planning commission City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 Re: Bhojwani Dock (3301 Shore Drive) Dear Chairperson and Members: My name is Larry Oppegaard, 6310 Cypress Drive, Excelsior MN 55331. Telephone number 952.474.6047. I am a next door neighbor of Kelli and Gary and their three school age children. This will be my fortieth (40) year at the lake. I was also a former president of the Minnewashta Shores Association that is directly adjacent to the their property. The tipping point for me is twofold: . The dock looks great; and certainly doesn't detract from the beauty or usage of Lake Minnewashta. . I understand that the width of the dock exceeds the City's stipulated dimensions. However, this dock is fine with me when considered against the dock to shoreline ratio. I have no objection to allowing the Bhojwani's to complete their dock. I would favor a neighborly waiver! Sincerely, Larry B. Oppegaard 1 Jeffery, Terry From: Sent: To: Subject: qzilla32 [qzilla32@aol.com] Friday, May 01, 2009 5:40 PM Gary.Bhojwani@allianzlife.com; Furlong, Tom; Gerhardt, Todd; Aanenson, Kate; Jeffery, Terry Bhojwani Dock Dear Chairperson and Members, My name is Rick Helling. I live on Lake Minnewashta at the address 3672 Landings Drive, Excelsior 55331. My phone number is 952-470-0249. I live west of the Bhojwani's and am familiar with their dock situation. My opinion is that the dock is not an eyesore or a detriment to our beautiful lake. I am aware that the proposed dock exceeds the City's stipulated dimensions. But, I believe that with a shoreline the size of the Bhojwani's (over 1200'), a dock of this size is not excessive. I voice no objection to allowing the Bhojwani's to finish construction of their dock. I ask that you allow completion ofthe dock. Sincerely, Rick Helling 2 Jeffery. Terry From: Sent: To: Cc: Subject: Jay Wissink uwissink@thearistosgroup.com] Friday, May 01,20094:17 PM Furlong, Tom; Gerhardt, Todd; Aanenson, Kate; Jeffery, Terry gary.bhojwani@allianzlife.com BHOJWANI DOCK Date: May 1, 2009 Chairperson and Members of the Chanhassen Planning commission City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 Re: Bhojwani Dock (3301 Shore Drive) Dear Chairperson and Members: My name is Jay Wissink. My address is 6401 Landings Court. My phone number is 952-544-5270. I live near Lake Minnewashta and I am familiar with the Bhojwani's partially completed dock. I do not believe the dock in any way detracts from the beauty or usage of Lake Minnewashta. I understand that the width ofthe dock exceeds the City's stipulated dimensions (71' vs. 25'). However, a dock of this scale is completely appropriate when considered against the scale of the Bhojwani' s total shoreline (over 1200'). I have no objection to allowing the Bhojwani's to complete their dock. I ask you to support the completion of its construction. Sincerely, Jay Wissink 3 Jeffery. Terry From: Sent: To: Subject: Dirk Young [dirksbackyard@msn.com] Friday, May 01, 2009 9:21 AM Furlong, Tom; Gerhardt, Todd; Aanenson, Kate; Jeffery, Terry; gary.bhojwani@allianzlife.com Bhojwani Dock Chairperson and Members of the Chanhassen Planning commission City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 Re: Bhojwani Dock (3301 Shore Drive) Dear Chairperson and Members: My name is Dirk Young. My address is 3830 Maple Circle Excelsior, MN 55331. My phone number is 952-470- 9341. I live in the Pleasant Acres Homeowner's Association on the west side of Lake Minnewashta. I have lived here for 17 years and have been boating on Lake Minnewashta for 25 years. I am familiar with the Bhojwani's partially completed dock. I do not believe the dock in any way detracts from the beauty or usage of Lake Minnewashta. I believe that the dock will enhance the lake and make for easier waterskiing access on that part of the lake. I understand that the width of the dock exceeds the City's stipulated dimensions (71' vs. 25'). However, a dock of this scale is completely appropriate when considered against the scale of the Bhojwani's total shoreline (over 1200'). I also understand that the contractor received verbal confirmation from the city that the dock could be appropriately constructed. I have no objection to allowing the Bhojwani's to complete their dock. I ask you to support the completion of its construction. Sincerely, Dirk Young V(,y"Jv& Me<!' y~ Dirk's Backyard Landscape & Design 3830 Maple Circle Excelsior, MN 55331 (952) 470-9341 4 Jeffery, Terry From: Sent: To: Subject: Weinzetl, Jodi UodLweinzetl@medtronic.com] Friday, May 01, 2009 8: 12 AM Furlong, Tom; Gerhardt, Todd; Aanenson, Kate; Jeffery, Terry 3301 Shore Drive - Bhojwani dock Chanhassen Council, I am writing to you in regards to the Bhojwani's dock issue - 3301 Shore Drive on Lake Minnewashta. My husband and I live on Lake Minnewashta and are aware of the Bhojwani's partially completed dock. I am surprised at the issues I have heard about and want to let you know that the dock is not a distraction or a hazard on Lake Minnewashta. I understand the size is out of your required guidelines but based on the Bhojwani's shoreline, is not inappropriate. We have no objection to allowing the Bhojwani's to complete their dock and sure hope you will allow them to do so. If you have questions, feel free to contact myself or my husband Tony. Our home # is 952- 380-'3540. Sincerely, Jodi Weinzetl Medtronic Cardiovascular Minneapolis Regional Sales Manager 612-840-3496 (cell) 952-380-3541 (office) 952-380-3542 (fax) 1 Vascular Core Values - Integrity Respect for the Individual Winning Attitude Spirit of Innovation Results Orientation Trust [CONFIDENTIALITY AND PRIVACY NOTICE] Information transmitted by this email is proprietary to Medtronic and is intended for use only by the individual or entity to which it is addressed, and may contain information that is private, privileged, confidential or exempt from disclosure under applicable law. If you are not the intended recipient or it appears that this mail has been forwarded to you without proper authority, you are notified that any use or dissemination of this information in any manner is strictly prohibited. In such cases, please delete this mail from your records. To view this notice in other languages you can either select the following link or manually copy and paste the link into the address bar of a web browser: http://emaildisclaimer.medtronic.com 5 Jeffery. Terry From: Sent: To: Cc: Tim Jenzer [tjenzer@yahoo.com] Friday, May 01, 2009 7:29 AM Furlong, Tom; Gerhardt, Todd; Aanenson, Kate; Jeffery, Terry gary.bhojwani@allianzlife.com Date: 4-01-2009 Chairperson and Members of the Chanhassen Planning commission City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 Re: Bhojwani Dock (3301 Shore Drive) Dear Chairperson and Members: My name is Tim Jenzer. My address is 3920 Maple Shores Drive, My phone number is 952-470-1904. I live in the Lake Minnewashta area and I am familiar with the Bhojwani's partially completed dock. I do not believe the dock in any way detracts from the beauty or usage of Lake Minnewashta. I understand that the width of the dock exceeds the City's stipulated dimensions (71' vs. 25'). However, a dock of this scale is completely appropriate when considered against the scale of the Bhojwani's total shoreline (over 1200'). I have no objection to allowing the Bhojwani's to complete their dock. I ask you to support the completion of its construction. Sincerely, Tim J enzer 6 Jeffery. Terry From: Sent: To: Mary Oppegaard [besidemyself@mchsLcom] Monday, April 27, 2009 11 :08 AM Furlong, Tom; Gerhardt, Todd; kaaneson@cLchanhassen.mn.us; Jeffery, Terry; gary.bhojwani@allianzlife.com April 27, 2009 Chairperson and Members of the Chanhassen Planning Commission City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 Re: Bhojwani Dock at 3301 Shore Drive Dear Chairperson and Members, I have lived in our home at Minnewashta Shores since 1970 and am passionate about preserving the health and beauty of Lake Minnewashta. I am familiar with the Bhojwani's new dock project. I support the building and completion of this dock and believe it to be of appropriate scale for the size of Bhojwani's shoreline and to be aesthetically pleasing. Bhojwanis are Minnewahta lakeshore residents who have demonstrated that they care for our lake in ways that continue to preserve and increase it's water quality and that they appreciate the privilege of being a part of this lake's community experience. Please support the completion of their dock construction. Sincerely, Mary Oppegaard 6310 Cypress Drive Excelsior, MN 55331 952-474-6047 7 Jeffery, Terry From: Sent: To: Cc: Subject: Knoll, Peter [pknoll@knwgroup.com] Monday, April 27, 2009 7:09 AM Furlong, Tom; Gerhardt, Todd; Aanenson, Kate; Jeffery, Terry gary.bhojwani@allianzlife.com; Mary Knoll Bhojwani Dock in Lake Minnewashta April 27, 2009 Chairperson and Members of the Chanhassen Planning Commission City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 Re: Bhojwani Dock - 3301 Shore Drive Dear Chairperson and Members: Our names are Peter & Mary Knoll. Our address is 3131 Dartmouth Drive. Our phone number is 952.470.2193. We live on Lake Minnewashta and are familiar with the Bhojwani's partially completed dock. We find it disturbing that the City of Chanhassen is reconsidering their approval of this dock AFTER granting approval in January 2009. If the City of Chanhassen wants to change any lake policy they should do so on a going forward basis, not retroactively. We do not believe the dock in any way detracts from the beauty or usage of Lake Minnewashta. Additionally, the Bhojwanis moved the footprint of this dock back so that it would in no way interfere with traffic around the point. We understand that the width of the dock exceeds the City's stipulated dimensions (71' vs. 25'). However, a dock of this scale is completely appropriate when considered against the scale of the Bhojwani's total shoreline (over 1200'). We have no objection to allowing the Bhojwani's to complete their dock. We ask you to support the completion of its construction. Lastly, if approval is given by ANY person charged with such responsibility within the City of Chanhassen, whether written or oral, the City of Chanhassen should honor their commitment and not bend when another citizen gets vocal. Honor your commitment to The Bhojwanis. Sincerely, Peter & Mary Knoll 3131 Dartmouth Drive Chanhassen, MN *Securities and Investment Advisory Services offered through NFP Securities, Inc. a Broker/Dealer, Member FINRA/SIPC and a Federally Registered Investment Advisor. The KNW Group is an affiliate of NFP Securities, Inc. and a subsidiary of National 8 Financial Partners Corp., the parent company of NFP Securities, Inc. Notice: This e-mail message and any attachment to this e-mail message may contain information that is confidential, proprietary, privileged, legally privileged and/or exempt from disclosure under applicable law. If you are not the intended recipient, please accept this as notice that any disclosure, copying, distribution or use of the information contained in this transmission is strictly prohibited. National Financial Partners Corp. reserves the right, to the extent and under circumstances permitted by applicable law, to retain, monitor and intercept e-mail messages to and from its systems. 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If you have received this e-mail in error, please immediately contact the sender by return e-mail or by telephone at 212-301-4000 and destroy the material in its entirety, whether electronic or hard copy format. 9 Jeffery, Terry From: Sent: To: Subject: Ken Johnson [KENJ@CMSDirect.com] Friday, April 24, 2009 2:20 PM Jeffery, Terry FW: Bhojwani Dock Variance Terry Jeffery - Water Resources Coordinator It has come to my attention the Bhojwani's on Lake Minnewashta (3301 Shore Drive) are being required to stop construction and now seek a variance for a dock that conforms to DNR guidelines. I live on Lake Minnewashta (3748 Landings Dr) and am familiar with the above mentioned partially completed dock. I realize the City has a different requirement than the DNR for size requirements. As a lake resident, I do not see how the planned size of this dock detracts in any way from the aesthetics or usage of Lake Minnewashta - in fact the Regional Park pier has more of an impact. Terry. I SUDDort allowing the completion of this dock as quickly as possible. In my opinion the delays imposed just add distractions and costs - be it to the Bhojwani's, the construction company or even to the city staff. I have chaired boards and commissions in another metro city for over 20 years. I know these boards and commissions are advisory to the council. To expedite the completion of construction rather than delay it through a variance process Uust to prove a point?). I recommend the City Council just passes a resolution allowing the construction to be completed. I believe they can do it. Ken Johnson (952) 380-0776 10 Jeffery. Terry From: Sent: To: Cc: Subject: The Noacks [d.noack@mchsi.com] Friday, April 24, 2009 9:44 AM Furlong, Tom; Gerhardt, Todd; Aanenson, Kate; Jeffery, Terry gary.bhojwani@allianzlife.com Bhojwani dock Chairperson and Members of the Chanhassen Planning commission City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 Re: Bhojwani Dock (3301 Shore Drivel Dear Chairperson and Members: My name is Don Noack, and I live on Lake Minnewashta. My address is 3764 Landings Dr. I am sending this regarding the Bhojwani's partially completed dock. I do not believe the dock in any way detracts from the beauty or usage of Lake Minnewashta. I understand that the width of the dock exceeds the City's stipulated dimensions (71' vs. 25'). However, a dock of this scale is completely appropriate when considered against the scale of the Bhojwani's total shoreline (over 1200'). I have no objection to allowing the Bhojwani's to complete their dock. I ask you to support the completion of its construction. Sincerely, Don Noack 952 470-5342 11 Date: April 24, 2009 Chairperson and Members of the Chanhassen Plamting commission City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 Re: BhoJwani Dock . Dear Chairperson and Members: Our names are John and Lori Weber. Our address is 3220 Dartmouth Drive, Excelsior (Chanhassen) MN, 55331. We also own the Minnewashta Lakeshore Lot directly across the street from our house, Boyer's Sterling Estates Out Lot No. 1. Our phone number is 952-470-1556 · We own a Lakeshore Lot on Lake Minnewashta and live directly across the street from our Minnewashta Lakeshore Lot. I am familiar with the Bhojwani's partially completed dock. · We do not believe the dock in any way detracts from the beauty or usage of Lake Minnewashta. · We understand that the width of the dock exceeds the City's stipulated dimensions (71' vs. 251. However, a dock of this scale is completely appropriate when considered against the scale of the Bhojwani's total shoreline (over 12001- I have no objection to allowing the Bhojwani's to complete their dock. · I ask you to support the completion of its cODstmction. Sincerely, ~W-- Jeffery, Terry From: Sent: To: Subject: Ladd Langum [Ladd.Langum@chrobinson.com] Thursday, April 23, 2009 12:56 PM Gerhardt, Todd; Furlong, Tom; Aanenson, Kate; Jeffery, Terry Bhojwani Dock Date: 4/23/09 Chairperson and Members of the Chanhassen Planning commission City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 Re: Bhojwani Dock (3301 Shore Drive) Dear Chairperson and Members: My name is Ladd Langum. My address is 6331 Cypress Drive. My phone number is 952-401-7919. I've lived on Lake Minnewashta since 1962 and currently reside on a property directly adjacent to Bhojwani's. I am familiar with the Bhojwani's partially completed dock as I've been able to view its progress out of my window since conception. I do not believe the dock in any way detracts from the beauty or usage of Lake Minnewashta. In fact this new structure is by far the most aesthetically appealing dock on the lake at this time. Its location is also an improvement in safety from previous docks on this property as it hugs the shoreline without extending way out into traffic areas of the lake. I understand that the width of the dock exceeds the City's stipulated dimensions (71' vs. 25'). However, a dock of this scale is completely appropriate when considered against the scale of the Bhojwani's total shoreline (over 1200'). I have no objection to allowing the Bhojwani's to complete their dock. I ask you to support the completion of its construction. Sincerely, Ladd N. Langum offUe pfi 952-683-5683 ceff pfi 612-805-5097 ************************************************************************************************************************* This em ail and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately bye-mail if you have received this e-mail by mistake and delete this e-mail from your system. Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of CH Robinson. CH Robinson accepts no liability for any damage caused by any virus transmitted by this email. CH Robinson Worldwide, 14701 Charlson Road, Eden Prairie, MN, USA 12 Jeffery. Terry Subject: mamaharry@aol.com Thursday, April 23, 2009 9:54 AM Furlong, Tom; Gerhardt, Todd; Aanenson, Kate; Jeffery, Terry; gary.bhojwani@allianzlife.com; jonharris183645@aol.com Fwd: Shojwani Dock 3301 Shore Drive From: Sent: To: -----Original Message----- From: mamaharry@aol.com To: jonharris 183645@aol.com Sent: Thu, 23 Apr 2009 9:43 am Subject: Bhojwani Dock 3301 Shore Drive Dear Chairperson and Members, My name is Kristi Harris and we live at 3241 Dartmouth Drive. Our lake shore is closest in proximity to the Bhojwani dock and we have absolutely no objection to the completion ofthis project. At twelve times the size of the average homeowner's lakeshore, the property can certainly support the structure. Moreover, we prefer to look at the permanent dock vs. the stacks of docks and canopies you see dragged into other homeowner's yards for seven months out of the year! We support the fact that our neighbors are trying to enhance their property and lifestyle here, and don't believe it's at the expense of anyone else's enjoyment of the lake. I am one of SEVERAL Lake Minnewashta residents who grew up on this lake and returned to buy property and raise our own families here. We have a huge vested interest in not only our own property, but the lake as a whole. There are far bigger concerns (safety, growing milfoil, water quality etc..) that we should be focusing our energy and the time of city officials on. I find it very disappointing that a few neighbors fmd themselves so resistant to change that they had to stir things up instead of bringing their concerns to the Bhojwani's right away. Furthermore, I think it is extremely unfortunate that the hardworking folks at the dock company could ultimately be affected by the decision made about this project. My husband and I strongly encourage you to allow this project to be completed. Thank you for your consideration of our opinion. Sincerely, Kristi and Jonathan Harris (952)474-2773 Sic savincs on Dell XPS Laotoos and Desktoos! Sic savinas on Dell XPS Laotoos and Desktoos! 14 April 22, 2009 Chairperson and Members of the Chanhassen Planning commission City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 Re: Bhojwani Dock (3301 Shore Drive) Dear Chairper-son and Members: Our names our Peter and Pamela Strommen and we live in the same neighborhood and on the same bay as Gary and Kelli Bhojwani. Our property is four lots away from the Bhojwani property. We are aware that a neighbor took action with the city to halt the construction of the Bhojwani dock project. Weare also aware of some of the specifics of this complaint and fmd them unmerited. While the dock exceeds the 25' width allowed by the city of Chanhassen, it is visually small and is very appropriate in the 1200' of shoreline that the Bhojwani's own. The permanent dock is aesthetically pleasing and is more fitting for the Bhojwani property than a temporary one. The Bhojwani's have strived to maintain the integrity of their shoreline and have consistently displayed the attitude of good stewards with their property and the Lake. We believe that a varience to the city ordinance is appropriate and request that you allow the Bhojwani's to complete the dock as it is presently configured. Sincerely, Peter ~mmen ~dress and Contact Information: 3221 Dartmouth Drive Excelsior, MN 55331 Home: 952-470-6372 Work: 763-512-5201 Apri122,2009 Chairperson and Members of the Chanhassen Planning commission City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 Re: BhoJwani Dock Dear Chairperson and Members: I am writing you today regarding the Bhojwani family dock. I am a resident of the city of Chanhassen. My address is: 2545 Arrowhead Lane Chanhassen, MN 55317 Home phone: 952.474.2323 . I am familiar with the Bhojwani's partially completed dock. · I do not believe the dock in any way detracts from the beauty or usage of Lake Minnewashta. · I understand that the width of the dock exceeds the City's stipulated dimensions (71' vs. 25'. However, a dock of this scale is completely appropriate when considered against the scale of the Bhojwani's total shoreline (over 1200'. I have absolutely no objection to allowing the Bhojwani's to complete their dock. . I ask you to support the completion of its construction. Sincerely, C:~~L.. ~ ~ ,J. \ Eric J. Thomes Date: April 22, 2009 Chairperson and Members of the Chanhassen Planning commission City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 Re: BhoJwani Dock Dear Chairperson and Members: My name is Corey J. Walther My address is 8584 Drake Court Chanhassen, MN 55317 My phone number is 952-294-0868 . I live in Chanhassen and I am familiar with the Bhojwani's partially completed dock. · I do not believe the dock in any way detracts from the beauty or usage of Lake Minnewashta. . I understand that the width of the dock exceeds the City's stipulated dimensions (71'vs. 251. However, a dock of this scale is completely appropriate when considered against the scale of the Bhojwani's total shoreline (over 12001. I have no objection to allowing the Bhojwani's to complete their dock. . I ask you to support the completion of its construction. Sincerely. (l~;~ Corey J. Walther Date April 22, 2009 Chairperson and Members of the Chanhassen Planning commission City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 Re: Bhojwant Dock Dear Chairperson and Members: My name is Kevin Bachmann My address is 7140 Hazeltine Blvd., Chanhassen, MN 55331 My phone number is 612-558-1280 . I live on Lake Minnewashta and I am familiar with the Bhojwani's partially completed dock. · I do not believe the dock in any way detracts from the beauty or usage of Lake Minnewashta. · I understand that the width of the dock exceeds the City's stipulated dimensions (71' vs. 25j. However, a dock of this scale is completely appropriate when considered against the scale of the Bhojwani's total shoreline (over 12001. I have no objection to allowing the Bhojwani's to complete their dock. . I ask you to support the completion of its construction. Sincerely, .-. d ~~~~ Date: April 20, 2009 Chairperson and Members of the Chanhassen Planning commission City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 Re: Bhojwani Dock (3301 Shore Drive} Dear Chairperson and Planning Commissioners: My name is Paul Quarberg and I live at 3311 Shore Drive. Excelsior. MN 55331. My home phone number is 952-470-0318. I live on Lake Minnewashta and am familiar with the partially completed dock at the Bhojwani's residence. I do not believe the dock in any way detracts from the beauty or usage of Lake Minnewashta nor do I have any objection to its completion. It is my understanding that the width of the dock exceeds the City of Chanhassen's dock standards. However. when one considers the shoreline of the Bhojwani's property against that of most lake shore properties, the width of the doek is completely appropriate. Again, I have no objection to allowing the Bhojwani's to complete their dock and I ask you to support the completion of its construction. April 20, 2009 Chairperson and Members of the Chanhassen Planning commission City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 Re: BhoJwant. Dock (3301 Shore Drlue) Dear Chairperson and Members: Our names are Kirk and Linda Dickey and we live at 6221 Barberry Circle in Excelsior. We have deeded access and a dock on Lake Minnewashta, which is located three lots from Gary and Kelli Bhojwani's property and is on the same bay. We are aware that action was initiated by a neighbor to halt the construction of the Bhojwani's dock. While the dock exceeds the 25' width allowed by the City of Chanhassen, it is visually small compared to the 1200+ feet of lakeshore that the Bhojwanis own. The timber construction and thoughtful design of the Bhojwani's dock make it aesthetically preferable to the norm on the lake. For example, most lakeshore owners stack their metal dock sections and boat lifts on their lake shore for the winter. The Bhojwani's timber dock is permanent and blends into the naturallakeshore they maintain year round. In addition, the location of the dock would not obstruct boat traffic. A variance to the city ordinance would be perfectly reasonable in this case. Please allow the Bhojwanis to resume construction and complete their dock project. Sin~~ L-I1/1J7) z;;,~ Dr. Kirk Dickey and Mrs. Linda Dickey Contact Information: 6221 Barberry Circle, Excelsior, MN 55331 952-4 7 4~6844 April 19, 2009 Chairperson and Members of the Chanhassen Planning Commission, City of Chanhassen Re: Bhojwani Dock (3301 Shore Drive) Dear Chairperson and Members: My name is Rachel Livingston and I live at 3331 Shore Drive on lake Minnewashta. I have lived at this residence for six years. I grew up in this neighborhood and spent my entire childhood on this lake. I am aware of the Bhojwani dock project and I do not think that there is anything about the new dock that detracts from the overall beauty of the lake. The dock is in the exact location, and there is no interference with the recreational activity on the lake. In fact, I would say that the property at 3301 Shore Drive has always been, and continues to be, one of the most weil kept and glorious pieces of property on lake Minnewashta . The lake has changed in so many ways since the days of Leach's Resort. And, it has also remained the wonderful, quaint, family friendly lake it was when I was a child. As someone who cherishes and values tIthe way it used to be" I want to be very clear about the fact that I do not see any reason for time or money to be spent trying to stop the Bhojwani's from completing their dock. I hope that you support the completion of their construction and take Into account the fact that when that property came on the market, many of us who live on the lake, worried that a new owner would use that lakeshore in ways that would detract from the natural beauty of that "point." In my opinion, it is their property and their right to put in this dock, and I am incredibly thankful for new owners who value the same beauty and recreational activities that make this lake a wonderful place to live I Sincerely, Ra~ ~.~ Rachel tivingston 3331 Shore Drive, Excelsior, MN 55331 952-470-4195 Date: 4/18/09 Chairperson and Members of the Chanhassen Planning commission City of Chanhassen 7700 Market Boulevard Chanhassell, MN 55317 cc: Torn Furlong- Mayor Chanhassen City Council Todd Gerhardt, City Manager Re: Bhojwani Dock (3301 Shore Drive) Dear Chairperson and Members: We are Greg and Robin Niemann and we live in the same neighborhood on the same bay as Gary and Kelli Bhojwani. Our property is 3 lots away from the Bhojwani residence. We were very concerned and upset to find out recently that the Bhojwani's dock project was halted abruptly due to a couple of complaints by other lake residents. We cannot comprehend how this dock wouldn't be more than acceptable in every aspect. Even though we understand that the dock may exceed some maximum size the city allows, it actually looks small and very much acceptable in the context of the total shoreline the Bhojwanl's own. In our opinion the Bhojwani's have been Ideal stewards of their considerable lake frontage. They have been very sensitive in the design of this particular dock as well as how they use their frontage. They have something like 1300 feet of frontage and most of it is completely natural. How many people would keep it this way, as the Bhojwani's have? We can't imagine a better looking form of dock than natural timbers, so if the complainant's concern is about aesthetics, we think it is only fair to consider the appearance of all the other docks on the lake- many of which are complete eyesores. We would consider filing our own complaint against the owners of those docks (which would be a much more legitimate one) except that we view it as a waste of government resources and our time, in addition to being an overstepping of personal opinion and preference over an individual's private property. Honestly, with stressed budgets and ever-higher taxes we find it very disturbing that we are spending city resources on this argument. Please support the immediate completion of the Bhojwani's dock without further expense to ourcily and It's residents. ~/~ .~~ )'h kit,. i.-1h f.-A~'- Greg and Robin Niemann Street Address and Contact Information- 3231 DartmQt,lth Drive Excelsior, MN 55331 Home: 952-401-8631 Work (Greg): 651-481-2372 Monday march 22nd City of Chanhassen Terry Jeffery re . Permanent dock structure 3301 shore drive Terry Jeffrey As a 45 year resident oflake minnewashta myself and many other lakeshore owners have worked very hard with city chanhassen,carver county county parks to develop and maintain our lake in its natural environment. Carver County has developed a nature park with controlled boat access. City of Chanhassen has developed codes and regulations re structures and non permanent docks on public waters. City of Chanhassen has provided a water resource cordinator to assist owners with compliance of rules regulations. Lake Minnewashta lake shore property owners are proud of our lake . We request that all property owners abide by the same rules and that city enforce city permits and dock code compliance. Tom Merz 3201 dartmouth drive Excelsior; minn 9524746205 Please review and advise CITy OF C:.'J., ~IU fOl1E'fi">-ri,....,"';l1SSEN II1lL<;;~lSilW~[J5) ,', ,MAR 2'4 2009 .' ENGINEER.INQOEPT. SCANNED City of chanhassen city planning commission TERRY JEFFERY april 27 th 2009 permanent dock at 3301 shore drive Dear Terry In accordance with our phone conversation April 24th 09 I have met with Gary Bhojwani and reviewed his proposed Variance Request. Due to the following a. Size of the property 4 acres b. Length of shoreline 1200 lin feet c. Preservation of existing shore line and habitat I think this is a special piece of property and would hope the City Of Chanhassen Planning Commission will resolve this issue accordingly. Tom Merz 3201 dartmouth drive Excelsior Minn 952474 6205 CITY OF CHANHASSEN AFFIDA VIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on May 7, 2009, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for the Bhojwani Dock Variance - Planning Case 09-07 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this '7~ day of m CM{ , 2009. .T KIM T. MEUWISSEN \ Notary Public-Minnesota M Commission expires Jan 31, 2010 en c :;:; cu cu :2: enS c.- .- U) J... 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BOYER BUILDING CORP 3435 COUNTY ROAD 101 MINNETONKA, MN 55345-1017 CHANDA R LYONS 2931 WASHTA BAY RD EXCELSIOR, MN 55331-7823 DONALD K & CHERL YN SUEKER 3111 DARTMOUTH DR EXCELSIOR, MN 55331-8843 GARY A & KATHLEEN A MUSGJERD 6420 TANAGERS PT EXCELSIOR, MN 55331-7833 JEROME E COVENY 2921 WASHTA BAY RD EXCELSIOR, MN 55331-7823 MARK A & YOMARIE OLSEN 2961 W ASHT A BAY CT EXCELSIOR, MN 55331-7848 OLlVEWOOD HOMEOWNERS ASSN 6475 TANAGERS PT EXCELSIOR, MN 55331-7833 PETER A & MARY Z KNOLL 3131 DARTMOUTH DR EXCELSIOR, MN 55331-8843 STEPHEN C & KAREN A MARTIN 3211 DARTMOUTH DR EXCELSIOR, MN 55331-8844 THOMAS JOSEPH MERZ 3201 DARTMOUTH DR EXCELSIOR, MN 55331-8844 BRUCE J & JEANNINE T HUBBARD 2841 WASHTA BAY RD EXCELSIOR, MN 55331-7821 CHRISTINE J LUDTKE 6480 TANAGERS PT EXCELSIOR, MN 55331-7833 DONALD M NICHOLSON 2901 WASHTA BAY RD EXCELSIOR, MN 55331-7823 GAYLE H & DOUGLAS DEHAAN 3071 DARTMOUTH DR EXCELSIOR, MN 55331-7850 JOHN F & MARY C SCHUMACHER 2941 WASHTA BAY RD EXCELSIOR, MN 55331-7823 MICHAEL HUGH GILMORE 2911 W ASHTO BAY RD EXCELSIOR, MN 55331-7823 PAUL R & MARY K JOHNSTON 6485 TANAGERS PT EXCELSIOR, MN 55331-7833 ROBERT F & SANDRA K LAPRADE 6470 TANAGERS PT EXCELSIOR, MN 55331-7833 SUSAN I FIEDLER 3121 DARTMOUTH DR EXCELSIOR, MN 55331-8843 WILLIAM C & JUDITH L BRITT 6460 TANAGERS PT EXCELSIOR, MN 55331-7833 CARVER COUNTY 600 4TH ST E CHASKA, MN 55318-2102 DAVID G & STACEY R HURRELL 3081 DARTMOUTH DR EXCELSIOR, MN 55331-7850 ESTATE OF HARRY/LOUISE AHRENS 178 SPRING LAKES PKWY INGRAM, TX 78025-4408 HERBERT J & PATRICIA L PFEFFER 2850 TANAGERS LN EXCELSIOR, MN 55331-7830 KRISTEN L ORTLlP 2831 WASHTA BAY RD EXCELSIOR, MN 55331-7821 MINNEWASHTA HOME OWNERS ASSN 2851 TANAGERS LN EXCELSIOR, MN 55331-7819 PER & E LAURIE JACOBSON 2840 TANAGERS LN EXCELSIOR, MN 55331-7830 STACEY R & MICHELLE R RICKERT 6440 TANAGERS PT EXCELSIOR, MN 55331-7833 THOMAS & JULIE FERGUSON 17645 48TH AVE N PLYMOUTH, MN 55446-2012 ALAN C & CHRISTINE L LEIDING 6331 DOGWOOD AVE EXCELSIOR, MN 55331-8850 DAVID M DRESSLER 6341 DOGWOOD AVE EXCELSIOR, MN 55331-8850 GARY L OLSON 6301 DOGWOOD AVE EXCELSIOR, MN 55331-8850 HENRY & DOLORES A ARNESON 13791 TONBRIDGE CT BONITA SPRINGS, FL 34135-3456 JUSTIN TOWNER 6311 DOGWOOD AVE EXCELSIOR, MN 55331-8850 L WINSTON & ELAINE G HAGEN 6300 CYPRESS DR EXCELSIOR, MN 55331-8841 L YNNEA MARYSE FORSETH 6350 DOGWOOD AVE EXCELSIOR, MN 55331-8867 MINNEW ASHT A SHORES INC 6341 CYPRESS DR EXCELSIOR, MN 55331-8842 PAUL 0 QUARBERG & 3311 SHORE DR EXCELSIOR, MN 55331-7815 PETER B & PAMELA J STROMMEN 3221 DARTMOUTH DR EXCELSIOR, MN 55331-8844 BARBARA DIANE WINTHEISER 3321 SHORE DR EXCELSIOR, MN 55331-7815 DOROTHY L SPENCER 6340 DOGWOOD AVE EXCELSIOR, MN 55331-8867 GREGORY A & ROBIN M NIEMANN 3231 DARTMOUTH DR EXCELSIOR, MN 55331-8844 JOHN L & LORI A WEBER 3220 DARTMOUTH DR EXCELSIOR, MN 55331-7828 KATHLEEN F OESTREICH PO BOX 624 EXCELSIOR, MN 55331-0624 LADD N & SIA BLANGUM 6331 CYPRESS DR EXCELSIOR, MN 55331-8842 MARK L & ELIZABETH A NELSON 3230 DARTMOUTH DR EXCELSIOR, MN 55331-7828 NANCY J VAN EPS 6251 DOGWOOD AVE EXCELSIOR, MN 55331-8849 PAUL DAVID COFFEY & 6351 DOGWOOD AVE EXCELSIOR, MN 55331-8850 RACHEL MARY LIVINGSTON 3331 SHORE DR EXCELSIOR, MN 55331-7815 BRIAN N & NANCY L TICHY 6240 CYPRESS DR EXCELSIOR, MN 55331-8839 GARY C & KELLI R BHOJWANI 3301 SHORE DR EXCELSIOR, MN 55331-7815 HAZEL C JOHNSON 6231 CYPRESS DR EXCELSIOR, MN 55331-8840 JONATHAN D & KRISTI K HARRIS 3241 DARTMOUTH DR EXCELSIOR, MN 55331-8844 KYLE R & TANYA M LOGSLETT 6330 DOGWOOD AVE EXCELSIOR, MN 55331-8867 LARRY B & MARY CAROL OPPEGAARD 6310 CYPRESS DR EXCELSIOR, MN 55331-8841 MICHAEL A SR & TONI L HALLE EN 3351 SHORE DR EXCELSIOR, MN 55331-7815 NATHANIEL C MALEN & 6321 DOGWOOD AVE EXCELSIOR, MN 55331-8850 PAUL L & VIRGINIA L RICHIE 3342 SHORE DR EXCELSIOR, MN 55331-7814 ROBERT M & SUSAN S MACUNA 6340 CYPRESS DR EXCELSIOR, MN 55331-8841 SCOTT A & CHERYL L STURM 6230 CYPRESS DR EXCELSIOR, MN 55331-8839 WILLIAM J & CATHRYN L FOSSING 6330 CYPRESS DR EXCELSIOR, MN 55331-8841 STEVEN G & JEAN K WOOD 6341 CYPRESS DR EXCELSIOR, MN 55331-8842 WILLIAM & JEAN M MCDANIEL 3341 SHORE DR EXCELSIOR, MN 55331-7815 Legend Bhojwani Dock Variance Request 3301 Shore Drive Public Hearing Notification Areas D Subject Property _ Properties within 500 feet _ Additional Properties Minnewashta IL/ W~~dh;';.tko\\~ ~H~eiglh~'lparkliD6 <~: ltl..J. ~ \0. /"\\' 0>.:0 ... ~~(~\ c.:,. ~;'ro .... 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