Correspondence - 4144 Shoreline Drive - 9/14/2022 SPRINGPARK CERTIFIED-RETURN RECEIPT REQUESTED
On Lake Minnetonka
September 14, 2022
Mr. Paul Berquist (Tenant at 4444 Shoreline Drive)
US Boat and Restoration
4444 Shoreline Drive
Spring Park, MN 55384
Mr. Don Bodin (Property Owner 4444 Shoreline Drive)
4737 County Road 101,
Suite 252
Minnetonka, MN 55345
Dear Mr. Berquist & Mr. Bodin;
This letter is provided as a follow-up to several communications over this past year with
Mr. Bergquist regarding the Seallote ("the boat") parked at 4444 Shoreline Drive.
On March 3, 2022, the city sent a letter to Mr. Bergquist's attorney, for presentation to
the judge, whereas the judge stated that the boat could be moved from the public launch
to the site at 4444 Shoreline Drive under the following conditions:
1. The boat would not be parked in any designated driveway or parking areas.
2. The city was to be notified of the scheduled date and time of relocation of this
boat to allow proper notice for public safety.
3. The boat was to be properly shrink-wrapped or fenced in to ensure no access
other than by you or your designee.
On Thursday, March 30, 2022, the City delivered, and Mr. Bergquist acknowledged
receipt of, a summary outlining the city code & conditions for allowing the boat
temporarily to remain at this location.
City of Spring Park 4349 Warren Avenue, Spring Park, MN 55384
Phone: (952) 471-9051 / Fax: (952) 471-9160 / Web: www.ci.spring-park.mn.us
The boat was to be repaired within a definitive schedule and not be a forever
circumstance. The boat must be repaired and not scrapped or abandoned. The City
has no proof that any repairs have been made to date.
City code does not allow for storage of inoperable vehicles or storage between June to
September. The boat has been in the same spot as it was when it was moved to this
location.
Currently you are in violation of multiple City codes and regulations that could result
in administrative fines and citations and the City has received numerous complaints
regarding this issue.
As a temporary solution, we are asking you to move the boat to the back of the
building and have it properly shrink-wrapped (no tarps, etc.) by October 10, 2022.
If this does not occur,we will consider the boat abandoned and pursue a court order
to have it removed from this site. All costs and expenses associated with the removal
of the boat along with any additional expenses will be at the property owner's
expense.
Please contact me by September 23, 2022, to let me know how you intend to resolve
this matter.
Thank you.
Mike Anderson
City Administrator
City of Spring Park
951-471-9051
City of Spring Park 4349 Warren Avenue, Spring Park, MN 55384
Phone: (952) 471-9051 / Fax: (952) 471-9160 / Web: www.ci.spring-park.mn.us
From: Al Brixius — City Planner 3.28.2022
It is my understanding that the boat is moved to 4444 Shoreline Drive
under the guise of needing to be repaired. The site is zoned C-1 General
Commercial District which allows Commercial Service uses as a permitted
uses in this district. Other C-1 repair uses include Blue Lagoon Marine and
Certified Auto. The current tenant of 4444 Shoreline Drive is a marine
service business which includes repair services. The Judge has declared
that the boat owner has right to take their boat to the site for repairs as
allowed by zoning.
As I outlined in a previously, we do not have a definition that distinguishes
outdoor storage from repair services. In this light while the boat repair may
be allowed it must still meet the following standards.
1. Section 42-67(j) States that required accessory parking spaces in any
district shall not be utilized for open storage, sale or rental of goods,
storage of inoperable vehicles and or storage of snow. The only
exception to this section is the Seasonal Storage of boats.
2. Section 42-352(6) allows seasonal outdoor storage of boats
accessory to marinas and marina sales businesses as a permitted
accessory use. No boats or other watercraft are allowed within
required parking or driveway areas between June first and
September first.
3. The boat repair must be within a definitive schedule, not a forever
circumstance. The boat must be repaired not scrapped or
abandoned. In this regard, a deadline for the boat's repair and
removal must be established. We should request the judge to
establish a deadline for repair and removal or establish a deadline for
the boat's removal between the property owner and the City.
With the Judge's order, the City cannot deny the boat owner the ability to
take the boat in for repairs per our zoning code. However, we can apply
the aforementioned items as a means to avoid having the boat being
abandoned.
Mike Anderson
From: Tietjen, Mary D. <mtietjen@Kennedy-Graven.com>
Sent: Wednesday, September 7, 2022 3:10 PM
To: Mike Anderson
Cc: Alan Brixius
Subject: FW: Seanote
Mike—I went back through emails and found the below email from Al. The highlighted text below outlines Al's
conclusions about the current code violations. I think you could include this in a letter and refer back to the earlier
correspondence from Jim Brimeyer.
I also think you should decide what type of enforcement mechanism you want to use so you can include that in a
letter. Are you thinking about using the administrative citation process pursuant to Section 1-14 of the Code?The other
alternative is pursuing it criminally as a misdemeanor code violation. (See Code Sec. 42-236) 1 know the City has used
the administrative citation process in the past with mixed results but it may get their attention. The City probably has
some letter forms or templates to use to initiate that process. If the administrative citation process doesn't work and
you don't want to pursue criminal charges for a code violation, the only other remedy I can think of is to initiate a civil
action to seek a court order directing him to move the boat.
Mary
From:Alan Brixius<abrixius@nacplanning.com>
Sent:Thursday,July 14, 2022 12:01 PM
To: Mike Anderson <manderson@ci.spring-park.mn.us>;Tietjen, Mary D. <mtietjen@ Ken nedy-G rave n.com>
Subject: RE: Seanote
Within the C-1 zoning district the City allows for the Marinas and marine sale
businesses to have seasonal storage of boats. The code as follows, recognizes Spring
Park as a lake community and the ordinance below is intended to allow for the outdoor
winter storage of boats within the parking lots of marine businesses during their slow
business activity times. This zoning provision does not apply to the Sea Note, it is my
understanding that this boat is in disrepair and has been taken to the 4444 Shoreline
Drive for repair.
(6) Seasonal outdoor storage accessory to marinas and marine sales businesses subject to the following
conditions:
a. Storage materials are limited to boats and watercraft on trailers or stands.
b. Seasonal marine storage shall be located on the same lot as the principal use.
C. Seasonal marine storage may be located in on-site parking and driveway areas.
d. No boats or other watercraft shall be stored within required parking or driveway areas
between June first and September first.
i
e. Seasonal marine storage shall not be located within a public right-of-way.
f. All boats or other watercraft shall be covered or shrink wrapped during storage to secure
boats contents.
The Sea Note presents the following violations:
1 .' The Sea Note does not meet the criteria for seasonal boat storage. Between
June and September the boat storage may not occupy required parking and
driveway area.
2. Section 42-67 Off- Street Parking Regulations provision (j) Use of required area
states: " Required accessory off-street parking spaces in any district shall not be
utilized for open storage, sale or rental of goods or the storage inoperable
vehicles, and /or storage of snow." The Sea Note occupies required parking
spaces.
3. According to the business owner's attorney, the property does not have an
approved Conditional Use Permit for outdoor storage. Absence the CUP
outdoor storage is not permitted on the site.
These comments were outlined in previous correspondence regarding this matter. In
past correspondence with Jim Brimeyer, he was trying to get the property owner /
business to provide schedule and deadline to complete the boat repairs to avoid code
enforcement. If there is not scheduled deadline for the boat repair the business will
need to either remove the boat from the site or pursue a conditional use permit for
outdoor storage. I don't believe that the site is large enough to provide a storage
location for this large boat that meets the requirements for setbacks, screening and
height.
From: Mike Anderson<manderson@ci.spring-park.mn.us>
Sent:Thursday,July 14, 2022 10:29 AM
To:Alan Brixius<abrixius@nacplanning.com>
Subject: FW: Seanote
What are your thoughts on this from Mary?
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Mke A xb79 n
aty AdTiristrata-
My of Soing Park
952-999-7493
From:Tietjen, Mary D.<mtietien@Kennedy-G rave n.com>
Sent:Thursday,July 14, 2022 8:34 AM
To: Mike Anderson<manderson@ci.spring-park.mn.us>
Subject: RE: Seanote
Mike,
Maybe we need to pull Alan into this discussion, but I want to make sure I'm understanding the code correctly. This
property qualifies as a "marine sales business" and therefore "seasonal outdoor storage" is a permitted accessory use on
the property and the factors in section 42-352(6) apply?Where is the boat currently being stored?Which criteria is it
not in compliance with? The term "seasonal" is not defined in this section and I'm somewhat confused by its use. For
example, it says that "seasonal marine storage" may be located in onsite parking and driveway areas, but then says no
boats may be stored within parking or driveway areas between June 1 and September 1.
We can discuss by phone if that is easier. I'm working from home today, so my cell is the best number to reach me. 651-
343-0872
Mary
Mary D.Tietjen I Kennedy& Graven, Chartered
150 South Fifth Street I Suite 700
Minneapolis, MN 55402-1299
Direct:612.337.9277 1 Fax:612.337.9310
mtietien@kennedy-graven.com i www.kennedy-graven.com
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From: Mike Anderson <manderson@ci.spring-park.mn.us>
Sent: Wednesday,July 6, 2022 9:20 AM
To:Tietjen, Mary D.<mtietien@Kennedy-Graven.com>
Subject: FW: Seanote
Hey Mary,
Just following up on my question about us being able to do anything? I think having JB send them a letter set us back?
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Also a side question while I am sending this—When we are looking to get easements from property owners and they
refuse to sign...is there anything besides going to court that we can do?We are looking ahead to the Sunset Dr project
and how this could become an issue with that construction.Thoughts?
Thanks,
Mke Alrlder sm
City Attnrystratar
City d Spring Park
952-999-7493
From: Mike Anderson
Sent:Thursday,June 30, 2022 12:41 PM
To:Tietjen, Mary D.<mtietlen@Kennedy-Graven.com>
Cc: Alan Brixius<abrixius@nacplanning.com>
Subject: RE: Seanote
Thanks Mary-
IS there any course of action we can take no that it is July to get this thing moved? From what I have gathered Jim went
ahead and allowed something he shouldn't have and tied the Cities hands behind our backs.
Please let me know if there is anything we can do here...(even the letter from the Judge said—No, no)
Thanks,
Mke ArldWsc n
City Adiiristratar
City of Spring Park
952-999-7493
From:Tietjen, Mary D.<mtietjen@Kennedy-Graven.com>
Sent:Thursday,June 30, 2022 12:35 PM
To: Mike Anderson <manderson@ci.spring-park.mn.us>
Cc:Alan Brixius<abrixius@nacplanning.com>
Subject: FW: Seanote
As a response to your email from yesterday about the Sea Note, this is the last communication I was aware of on the
topic. The attached are letters that were sent from Jim B.
Mary
Mary D.Tietjen I Kennedy&Graven,Chartered
150 South Fifth Street I Suite 700
Minneapolis, MN 55402-1299
Direct:612.337.9277 1 Fax:612.337.9310
mtietien@kennedy-graven.com I www.kennedy-graven.com
THE INFORMATION CONTAINED IN THIS MESSAGE IS CONFIDENTIAL AND MAY ALSO BE ATTORNEY-CLIENT PRIVILEGED. THE
INFORMATION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED. IF YOU ARE NOT
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