PC SUM 2009 05 19
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
SUMMARY MINUTES
MAY 19, 2009
Acting Chair Larson called the meeting to order at 7:00 p.m.
MEMBERS PRESENT:
Debbie Larson, Mark Undestad, Denny Laufenburger, Kathleen
Thomas and Kevin Dillon
MEMBERS ABSENT:
Kurt Papke and Dan Keefe
STAFF PRESENT:
Kate Aanenson, Community Development Director; and Terry Jeffery,
Water Resources Coordinator
PUBLIC HEARING:
BHOJWANI DOCK VARIANCE: REQUEST FOR AN AFTER-THE-FACT VARIANCE
TO PLACE A DOCK ON PROPERTY ZONED SINGLE FAMILY RESIDENTIAL (RSF)
LOCATED AT 3301 SHORE DRIVE. APPLICANT: GARY BHOJWANI. PLANNING
CASE 09-07.
Public Present:
Name Address
Peter Johnson Attorney for Applicant
Kelli & Gary Bhojwani 3301 Shore Drive
Rachel Livingston 3331 Shore Drive
Peter Knoll 3131 Dartmouth Drive
Larry Oppegard 6310 Cypress Drive
Peter Strommen 3221 Dartmouth Drive
Greg & Robin Niemann 3231 Dartmouth Drive
Linda & Kirk Dickey 6221 Barberry Circle
Tom Merz 3201 Dartmouth Drive
John & Kristi Harris 3241 Dartmouth Drive
Rick Halleen 3351 Shore Drive
Tom Niccum Minnetonka Portable Dredging
Ken Johnson 3748 Landings Drive
Terry Jeffery presented the staff report for this item. Commissioner Dillon asked about the
comment made by the applicant regarding the lack of clarity in the city code combined with the
March, 2008 guidance received by the contractor from city personnel that the dock could be
constructed without a permit. Commissioner Laufenburger asked about the affect of the dock
pilings on the environment, lake ice movement and clarification on the timeline of construction.
Commissioner Thomas asked how the DNR standards compare to the City’s standards for docks.
Commissioner Undestad asked about the dock configuration in the 2006 photograph, and
Planning Commission Summary - May 19, 2009
clarification of the language in the ordinance. Commissioner Larson asked about what is
allowed on beachlots compared to private residential properties. The applicant, Gary Bhojwani
passed out a handout outlining his speaking points discussing that the dock currently under
construction is in compliance with DNR standards, the lack of clarity between the regulations in
Section 6 and Section 20 as a means of presenting how he got to this point, explaining that it is
absolutely critical that there is no question about his intentions or integrity. He showed pictures
of other docks on the lake with multiple boat slips and a photo of the two docks that were present
when he bought the property.
Acting Chair Larson opened the public hearing. Tom Merz, 3201 Dartmouth Drive, provided
background information of his work on the development of the Lake Minnewashta Regional
Park in the 70’s and as a member of the Chanhassen Planning Commission in the 80’s and
explained that he was the person who called the City in mid-March asking about the city’s
ordinances pertaining to permanent docks and permanent canopies. Ken Johnson, 3748
Landings Drive stated his support for the variance, noting he has 100 feet of lakeshore with a
dock 2 feet longer than half the length of a football field because it’s only 3 ½ feet deep at the
end. He felt it was unreasonable of the City not to allow a swim platform or require the applicant
to tear out something that’s already been built. Peter Knoll, 3131 Dartmouth Drive suggested
that since work on the dock cannot be done until winter, use the summer to evaluate the
permanent structure to see if there are any further complaints based upon the structure and re-
evaluate it in the winter of 2010. Larry Oppegard, 6310 Cypress Drive who’s family is also
th
beginning their 40 summer on Lake Minnewashta and as a member of the Minnewashta Shores
Homeowners Association, having done an informal survey of the 21 landowners in that
association, noted that all those he talked to were in favor of the variance. John Harris, 3241
Dartmouth Drive pointed out on an aerial photograph all the neighbors in direct view of the
Bhojwani property that were present at the meeting and in support of the variance. Rick Helling,
3672 Landings Drive explained that they had a similar situation as the Bhojwani’s in that they
had never lived on a lake before and a neighbor had complained that their dock was too long.
Peter Johnson, the attorney that Gary Bhojwani and Minnetonka Portable Dredging have
consulted regarding this matter, reviewed his view of the legal aspects of the request.
Commissioner Laufenburger requested that Tom Niccum explain his understanding of dock
requirements. Acting Chair Larson closed the public hearing. After discussion and comments
from commission members, the following motion was made.
Laufenburger moved, Dillon seconded that the Planning Commission recommends that the
City Council approve Planning Case 09-07 as shown in plans dated April 17, 2009 for a 46
foot variance request from the allowed 25 foot cross bar for docks as outlined in the staff
report, and adopt the attached Findings of Fact as amended, 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.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
APPROVAL OF MINUTES: Commissioner Undestad noted the verbatim and summary
minutes of the Planning Commission meeting dated May 5, 2009 as presented.
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Planning Commission Summary - May 19, 2009
Acting Chair Larson adjourned the Planning Commission meeting at 8:35 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
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