CC Staff Report 6-8-09
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. MEUWISSEN 1
Notary Public-Minnesota
My Commission Expires Jan 31, 2010
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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
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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
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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
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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
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C3 . .
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
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