Correspondence - 4665 Shoreline Drive - 10/11/2023 NANCY JENSEN BECK PLLC
11100 WAYZATA BOULEVARD, SUITE 230
MINNETONKA, MINNESOTA 55305
June 15, 2017
VIA EMAIL ONLY
Joan M. Quade, Esq.
Barna, Guzy& Steffen, Ltd.
200 Coon Rapids Boulevard, Suite 400
Coon Rapids, MN 55444
RE: 51h Street Ventures Marina
Dear Ms. Quade:
It is my understanding that you represent 51h Street Ventures which is the owner/operator of a
qualified commercial marina located at 4681, 4665 and 4695 Shoreline Drive in Spring Park, MN
(the "Marina") and that your client does not want to bring the Marina into compliance with the
Minnesota State Accessibility Code and provide persons with disabilities access to the Marina. It
is the position of the City of Spring Park that your client is legally required to do so, and, frankly,
does not understand your client's reluctance to make the Marina accessible to all.
The facts, as I,understand them,are as follows:
1. Joel Buttenhoff/51h Street Ventures owns and operates what the LMCD describes as a
qualified commercial marina located at 4681, 4665 and 4695 Shoreline Drive in Spring
Park, MN (the"Marina").
2. The LMCD issues dock licenses on Lake Minnetonka and issued a multiple dock license
to the Marina on March 24, 2010.
3. Prior to 2017,the Marina consisted of,and had a multiple dock license for, 13 boat storage
units("BSUs").
4. In his November 2016 application to the LMCD for a multiple dock license, Joel
Buttenhoff/51h Street Ventures submitted a revised dock plan containing additional docks
and requested an increase in permitted BSUs from 13 to 41.
5. The reconfiguration of the docks and the increase in BSUs proposed in the 2016 application
required Joel Buttenhoff/51h Street Ventures to seek a new multiple dock license from the
LMCD rather than a renewal of his existing license.
6. On February 15,2017,the LMCD issued a new multiple dock license to Joel Buttenhoff/51h
Street Ventures, subject to a variety of conditions,and approved a revised dock plan for 30
BSUs, more than doubling the number of BSUs at the Marina.
7. The LMCD's jurisdiction applies only to the waters of Lake Minnetonka. The City of
Spring Park has jurisdiction over the land and its use. Therefore,the LMCD Order issuing
the new multiple dock license contains the following condition:
h. The property must be maintained and operated in compliance with all
other provisions of this Code,and other applicable regulations,ordinances
and state law(emphasis added).
8. The City of Spring Park (the"City") has adopted the Minnesota State Building Code (the
"Building Code").
9. The Building Code contains requirements for accessibility for buildings and other
structures and facilities, including boating facilities, in the Minnesota State Accessibility
Code.
10. The Building Code "requirements for persons with disabilities apply statewide" and cities
are required by statute to enforce these requirements whether or not they have adopted
them by ordinance. See, Minn. Stat. 326.B.16.
11. The City's building official determined that the Marina does not comply with current law
with respect to accessibility for disabled persons and notified your client in writing that he
needed to bring the Marina into compliance and provide the City with a plan for doing so
by May 26, 2017. (Note: it is unclear whether prior to the expansion the Marina was a
legal nonconforming use or an illegal nonconforming use as 1 do not have sufficient
information to determine this — e.g. when the docks were constructed and what the
applicable regulations were at that time. For purposes of this situation 1 am willing to
assume that it was a legal nonconforming use prior to expansion, meaning it did not need
to comply with laws, ordinances, etc. adopted after its construction.)
You contacted the City's building official by telephone on May 30,2017 and followed up by email
dated May 31,2017,in essence telling him that since the use had not changed(it was a commercial
marina before and after the expansion— ,51h Street Ventures just added some docks") you didn't
think that Mr. Buttenhoff needed to comply with the accessibility requirements and asked why the
building official and the City were picking on him.
The fact that the property is still used as a commercial marina is not the standard. The property
owner has more than doubled the Marina which constitutes an expansion of the non-conformity.
An expansion of a non-conformity requires compliance with all current laws, codes, rules,
regulations, etc. which includes accessibility requirements. See, Minn. Stat. 462.357, Subd. le
and City Code Sec. 42-62. Where, as here, an(assumed) legal nonconforming use is expanded or
enlarged, it must be brought into conformity with all current laws, codes, ordinances, rules and
regulations. The recent addition of docks and the increase in BSUs from 13 to 30 at the Marina
trigger the Marina's need to comply with the requirements of the current Building Code, including
the requirements that the facility be made accessible to persons with disabilities.
2
The statement in your email of May 31, 2017, that the language in item h of the LMCD Order
listing conditions applicable to the Multiple Dock License was "boiler plate" and that it does not
mean what it says, is inaccurate. First, boiler plate language is language that is so common that
everyone understands what it means,not that it is supposed to be ignored. Condition h specifically
says that the Marina's multiple dock license for the reconfigured dock structure is conditioned
upon the Marina complying with all provisions of the LMCD Code and "other applicable
regulations, ordinances and state law." That language on its face does not limit the requirements
of the work to the requirements of the LMCD permit. In fact,it specifically states that the property
must be maintained and operated in compliance with other ordinances and laws. Furthermore,
whether or not the LMCD Order expressly provides that the docks must comply with other laws
and ordinances,that is the case. Your client must comply with the law.
It is also troubling that your email states that the accessibility requirements for disabled persons
are an "obscure part of the international building code." As stated above, accessibility
requirements are the law and the City is required by law to enforce them. The City is not, as you
seem to imply in your email, searching for an obscure and unusual technicality to use to somehow
treat your client unfairly. It is simply complying with its obligation to enforce the law.
In addition, your email contains a broad allegation that the City has not enforced accessibility
requirements against other commercial operations. If you or your client has evidence of this and
wants to file a specific complaint against any other property in the City for a violation, please
contact City Hall to complete a complaint form and the City will investigate your claim. However,
we are unable to respond to the broad and vague allegation contained in your email.
As stated above, the City is operating under the assumption that the Marina was a legal
nonconforming use with respect to the accessibility laws prior to its expansion this year. However,
the addition of docks and BSUs completed this year is clearly and expansion/enlargement of the
use resulting in the loss of its legal nonconforming status and triggering the requirement the Marina
comply with all current applicable laws, including the state mandated accessibility requirements.
I have enclosed a courtesy copy of the Notice of Violation sent to your client today by certified
mail. The City expects prompt compliance with the accessibility requirements for an accessible
route to the facility, an accessible entrance,accessible parking and compliant docks and boat slips
since your client has been aware of this issue since early May.
Please contact me if you have any questions.
Best regards,
l
Nancy Jensen Bec
City Attorney
CC: City Administrator
City Building Official
City Council
3
rf'^
SPRPHG PARK
OH Lake M0meto4a
Mr. Joel Buttenhoff
5th Street Ventures
102 Jonathan Blvd. N., Suite 200
Chaska, MN 55318
June 15, 2017
RE: Notice of Violation —5th Street Venture Marina located at 4681, 4665 and
4695 Shoreline Drive (the "Marina")
Dear Mr. Buttenhoff:
By letter dated May 1, 2017 and by certified letter dated May 19, 2017, Scott Qualle, the
Building Official for the City of Spring Park (the "City") notified you that the Marina is
required to comply with the Minnesota State Accessibility Code and a plan to that effect
was to be submitted to the City on or before May 26, 2017. You did not submit the
required plan and are hereby notified that you are thereby in violation of Section
10-31 of the Spring Park City Code, adopting as the building code for the City the
Minnesota State Building Code, which includes the Minnesota State Accessibility
Code. Furthermore, Minnesota Statute 32613.16 provides that the "State Building
Code's requirements for persons with disabilities apply statewide", and even if the City
had not adopted the State Building Code, the City "is responsible for the enforcement in
the city of the State Building Code's requirements for persons with disabilities."
You are hereby further notified that if you do not deliver to City Hall a complete plan
providing for (i) an "accessible route" from the parking lot to the dock (defined in Section
1102.1 of the International Building Code as "a continuous, unobstructed path" in
compliance with the IBC); (ii) accessible parking spaces; (iii) an accessible entrance to
the Marina facility; and (iv) docks and boat slips in compliance with Section 1103
regarding Recreational Boating Facilities by June 22, 2017, five (5) business days of
the date of this notice, an administrative citation will be issued pursuant to Section 1-14
of the City Code.
In addition, you are hereby further notified that if all work required to bring the Marina
into compliance with the Minnesota Accessibility Code is not completed by July 21,
2017, an administrative citation will be issued pursuant to Section 1-14 of the City Code.
r
Please note that permits are necessary for this work so prompt delivery to the City of
complete plans satisfactorily addressing all requirements is very important.
The initial fine for an administrative citation is $100. A second violation is $150 and a
third and all subsequent violations is $200. Each day a violation continues
constitutes a separate and additional violation for which a fine will be imposed.
After issuance of an administrative citation, you have 10 days to pay the fine or deliver a
written request for appeal of the citation and fine to City Hall. Failure to file an appeal
within ten (10) days of service of the citation constitutes an admission of this
violation and a waiver of your right to appeal.
If the fine is not paid within the time specified, the consequences include:
Imposition of a lien on the real property at this location,
Ineligibility to receive any license, permit or other approval required by code,
Potential suspension or revocation of a license or permit, and
Additional fees and late charges.
Sec. 1-14 of the City Code contains a more complete description of the administrative
citation, fine, and appeal and administrative hearing processes. The City Code can be
found on the city's web site: www.sL)rinaoark.govoffice.com.
Please note that the City's use of the administrative fine process does not preclude the
City from pursuing any other legal remedies for this violation.
Your immediate attention to this matter is important.
Dan Tolsma
City Administrator
cc: City Council
City Attorney
Cz� of 1 '� nj park 2
4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX(952)471-9160
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ORPH6PARK
Oh Lake M%nnetonko
Mr. Joel Buttenhoff
5th Street Ventures
102 Jonathan Blvd. N., Suite 200
Chaska, MN 55318
June 15, 2017
RE: Notice of Violation — 5th Street Venture Marina located at 4681, 4665 and
4695 Shoreline Drive (the "Marina")
Dear Mr. Buttenhoff:
By letter dated May 1, 2017 and by certified letter dated May 19, 2017, Scott Qualle, the
Building Official for the City of Spring Park (the "City") notified you that the Marina is
required to comply with the Minnesota State Accessibility Code and a plan to that effect
was to be submitted to the City on or before May 26, 2017. You did not submit the
required plan and are hereby notified that you are thereby in violation of Section
10-31 of the Spring Park City Code, adopting as the building code for the City the
Minnesota State Building Code, which includes the Minnesota State Accessibility
Code. Furthermore, Minnesota Statute 326B.16 provides that the "State Building
Code's requirements for persons with disabilities apply statewide", and even if the City
had not adopted the State Building Code, the City "is responsible for the enforcement in
the city of the State Building Code's requirements for persons with disabilities."
You are hereby further notified that if you do not deliver to City Hall a complete plan
providing for (i) an "accessible route" from the parking lot to the dock (defined in Section
1102.1 of the International Building Code as "a continuous, unobstructed path" in
compliance with the IBC); (ii) accessible parking spaces; (iii) an accessible entrance to
the Marina facility; and (iv) docks and boat slips in compliance with Section 1103
regarding Recreational Boating Facilities by June 22, 2017, five (5) business days of
the date of this notice, an administrative citation will be issued pursuant to Section 1-14
of the City Code.
In addition, you are hereby further notified that if all work required to bring the Marina
into compliance with the Minnesota Accessibility Code is not completed by July 21,
2017, an administrative citation will be issued pursuant to Section 1-14 of the City Code.
Please note that permits are necessary for this work so prompt delivery to the City of
complete plans satisfactorily addressing all requirements is very important.
The initial fine for an administrative citation is $100. A second violation is $150 and a
third and all subsequent violations is $200. Each day a violation continues
constitutes a separate and additional violation for which a fine will be imposed.
After issuance of an administrative citation, you have 10 days to pay the fine or deliver a
written request for appeal of the citation and fine to City Hall. Failure to file an appeal
within ten (10) days of service of the citation constitutes an admission of this
violation and a waiver of your right to appeal.
If the fine is not paid within the time specified, the consequences include:
- Imposition of a lien on the real property at this location,
- Ineligibility to receive any license, permit or other approval required by code,
- Potential suspension or revocation of a license or permit, and
- Additional fees and late charges.
Sec. 1-14 of the City Code contains a more complete description of the administrative
citation, fine, and appeal and administrative hearing processes. The City Code can be
found on the city's web site: www.springpark.govoffice.com.
Please note that the City's use of the administrative fine process does not preclude the
City from pursuing any other legal remedies for this violation.
Your immediate attention to this matter is important.
Dan Tolsma
City Administrator
cc: City Council
City Attorney
ejl of S�Kn� Park 2
4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160
1-6-16
RE: 51h Street Ventures Revised Dock Plan
To the LMCD Board:
Attached please find a revised dock plan for the Marina Center in Spring Park which reduces the number
of proposed dock slips from 28 to 20. After further discussion with the LMCD staff, the Spring Park
LMCD representative and the neighbors we heard the following concerns:
1. Preservation of the Bog.
2. Water Depth.
3. Navigation of the Channel/Safety.
4. Supervision/Nuisance Behavior at Slips.
5. Lighting on West Side of Clinic.
6. Restrooms.
7. Transient Docking.
Preservation of the Bog: The design of the revised dock plan eliminates those slips that could have
been potentially in conflict with the bog.
Water Depth: We believe the water depths as shown on the attached plan taken on July 16, 2016 by
Sathre-Bergquist who are licensed Engineers and Surveyors to be accurate and adequate for navigation.
Navigation of the Channel/Safety: We recognize the navigational challenge and safety issues at the rail
road bridge which only provides 41 feet of width to navigate. Our proposed slips are approximately 400
feet to the south of this bottleneck. In addition our revised plan increases the distance from our
proposed docks to the West side of the channel from 127 feet to 143 feet.
Supervision/Nuisance Behavior at Slips: With approval of this dock plan we would agree to monitor the
existing and new slips with cameras to verify any inappropriate behavior on the slips and take
appropriate action.
Lighting on West Side of Clinic: With or without approval of this dock plan we will be replacing the
three existing light fixtures currently on the West side of the clinic with new fixtures that are less
invasive to the neighbors to the West. We would also provide a lighting plan for the additional slips if
approved.
Restrooms: With or without approval of this dock plan we will be providing a seasonal restroom for the
marinas tenants and guests.
Transient Docking: With or without approval of this dock plan we will look at ways to improve the
security of the existing gate and add any appropriate signage indicating that transient parking is not
allowed.
DEC - 7 21b 016
BY:-------------
We have tried to take into consideration the concerns we have heard and have attempted to implement
them into this revised plan. We understand that this request has brought controversy and recognize the
unenviable situation before you. However, we feel the property generates a significant tax base for the
community and with it's over 1,400 feet of shoreline entitles it to these additional slips. For these
reasons we ask for your support of this revised plan. Should any member of the council have further
questions please do not hesitate to contact me at 612-723-7760. We appreciate your consideration on
this matter.
Sincerely,
Joel Buttenhoff
a x�agi„
SPRING PARK
On Lake Minnetonka
May 1, 2017
5th Street Ventures
Mr.Joel Buttenhoff
102 Jonathan Blvd. N,Suite 200
Chaska, MN 55318
Dear Mr. Buttenhoff:
This letter is in regards to the recent approval of a Qualified Commercial Marina located at 4681,4665,
and 4695 Shoreline Drive,Spring Park. Per Item Number 1h of the Finding of Fact and Order from the
Lake Minnetonka Conservation District,the property must be maintained and operated in compliance
with all other provisions of this Code, and other applicable regulations, ordinances, and state law.
Per the Minnesota State Accessibility Code, an accessible route from the parking lot to dock and
accessible parking spaces need to be provided. In addition,all dock facilities must comply with 1103
Recreational Boating Facilities of the 2015 Minnesota State Accessibility Code.
Please call our office at 952-442-7520 if you have any questions regarding these accessibility
requirements and to discuss the timeline for compliance.
We look forward to resolving this issue with you.
Sincerely,
.J "'t+ DA'11 7
Scott Qua Ile
Building Official
cc: Municipal property file
City of Spring Park 4349 Warren Avenue, Spring Park, MN 55384
Phone: (952) 471-9051 / Fax: (952) 471-9160 / Web: www.d.spring-park.mn.us
TLC..,}�;+•�
SPRING PARK
On Lake Minnetonka VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED,
AND REGULAR U.S. MAIL
May 19, 2017
5"Street Ventures
Mr.Joel Buttenhoff
102 Jonathan Blvd. N, Suite 200
Chaska, MN 55318
Dear Mr. Buttenhoff:
On May 1, 2017, a letter was sent regarding the approval of a Qualified Commercial Marina located at
4681,4665, and 4695 Shoreline Drive,Spring Park. To date,we have not received a response to that
letter.
Per Item Number 1h of the Finding of Fact and Order from the Lake Minnetonka Conservation District,
the property must be maintained and operated in compliance with all other provisions of this Code, and
other applicable regulations, ordinances, and state law.
Per the Minnesota State Accessibility Code, an accessible route from the parking lot to dock and
accessible parking spaces need to be provided. In addition, all dock facilities must comply with 1103
Recreational Boating Facilities of the 2015 Minnesota State Accessibility Code.
The City is requiring a plan be submitted on or before May 26,2017. If the plan is not received by that
date,the matter will be referred to the City Attorney for elevated enforcement action,thru and
including denial of access/occupancy of the docks and prosecution for criminal failure to comply with
the requirement of MN Rules 1341.
Please call our office at 952-442-7520 if you have any questions regarding these accessibility
requirements.
We look forward to resolving this issue with you.
Sincerely,
/-�4y
Scott Qualle
Building Official
cc: Municipal property file
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
LAKE MINNETONKA CONSERVATION DISTRICT
HENNEPIN COUNTY,MINNESOTA
IN RE:
Application of 5 h Street Ventures, LLC
for a Multiple Dock License for Property FINDINGS OF FACT
Located at 4681, 4665, and 4695 Shoreline AND ORDER
Drive in the City of Spring Park
On December 14, 2016, pursuant to due notice,the Lake Minnetonka Conservation
District("LMCD")Board of Directors("Board")held a public hearing at the Wayzata City Hall
in the City of Wayzata, Minnesota on the application submitted by 5a' Street Ventures, LLC (the
"Applicant")for a new multiple dock license for a reconfigured dock structure under the
Qualified Commercial Marina("QCM")provisions of the Lake Minnetonka Conservation
District Code of Ordinances ("LMCD Code"). The Applicant owns the properties located at
4681,4665, and 4695 Shoreline Drive, Spring Park,MN 55384 ("collectively,the Subject
Property"),on which the Applicant operates a commercial marina. The Board provided the
Applicant and the general public an opportunity to be heard at the public hearing and now,based
on its proceedings and the record of this matter,hereby makes the following Findings of Fact and
Order:
FINDINGS OF FACT
1. The Applicant has been operating a commercial marina("Marina") and has an existing
Multiple Dock License for the Subject Property the order for which,dated March 24, 2010,
is incorporated herein and is attached hereto as Exhibit A("Existing License").
2. An environmental assessment worksheet was completed for the proposed reconfiguration
and on October 12,2016 the Board issued a negative declaration regarding the deed for an
environmental impact statement.
3. The Board held a hearing on the Applicant's request on November 9, 2016, with a
proposed reconfiguration to increase the boat storage units (`BSUs")from 13 to 41, and
then continued the hearing until December 14, 2016 to give the Applicant an opportunity to
consider the concerns raised by neighboring owners and the Board.
4. The Applicant developed and submitted a revised site plan through which it attempted to
address the concerns raised. The revised site plan is dated December 9, 2016 (received
December 14, 2016)and is attached hereto as Exhibit B ("Site Plan").
5. In 2014, a floating bog that was separated from,but adjacent to,the Subject Property broke
free and floated down the channel obstructing public navigation in the channel. When the
1
493339vl TJG LK110-4
bog was returned to the site by Hennepin County its anchor point created additional open
Lake area in front of the Marina that the Applicant proposes to reconfigure its clock by
adding additional dock structures.
6. Under Section 2.03, subdivision 7,the reconfiguration of a dock and BSUs as is being
proposed requires the Applicant to seek a new multiple dock license.
7. Section 2.03 of the LMCD Code authorizes the LMCD to issue a new multiple dock
license. When the requested multiple dock license involves a QCM,the additional review
criteria in subdivision 3a of the Section 2.03 must be considered. The Board finds the
Marina satisfies the additional criteria in that no variance would be required under the
QCM for the Subject Property,the dock use area of the Marina does not overlap the dock
use area of another site, the removal of emergent native vegetation is not required,and the
proposed reconfiguration will not interfere with the general public navigation or impair
access to use of the dock use area of another site.
8. The factors that must be satisfied to be classified as a QCM are set out in Section 1.02,
subdivision 40a of the LMCD Code. The Board finds that the Marina satisfies-the factors
to be classified as a QCM in that it is privately owned, is a revenue producing business, it
rents space at its facility for thirteen or more watercraft. Additionally,the Marina is
allowed to use additional BSUs for purposes other than rental to the general public in
compliance with the limitations set out in Section 1.02, subdivision 40a(a) &(b).
9. The proposed reconfiguration increased the total approved BSUs from 13 to 30.
10. A lake sediment study and wetland delineation study must be completed to determine if the
BSUs adjacent to the bog/wetland are appropriate. This includes BSUs#26,27,28,29,
and 30.
11. Additional background material and description of the proposed reconfiguration is included
in the LMCD staff report dated December 14, 2016,which is incorporated herein by
reference and attached hereto, without exhibits as Exhibit C ("Staff Report").
12. The Board finds the requested reconfiguration complies with the requirements of the
LMCD Code and that the issuance of the requested new multiple dock license for a QCM is
appropriate with certain conditions.
ORDER
ON THE BASIS OF THE FOREGOING AND THE RECORD OF THIS MATTER,jIT
IS HEREBY ORDERED by the Board as follows:
1. That the application of 5t" Street Ventures, LLC for a new multiple dock license;for a
reconfigured dock structure under the QCM provisions of the Lake Minnetonka
2
493339v1 TJG LK110-4
Conservation District Code of Ordinances at 4681, 4665,and 4695 Shoreline Drive, Spring
Park, MN 55384 is hereby approved subject to the following conditions:
a. The conditions in the Existing License are replaced with the following:
1) Length overall of the watercraft stored at the subject facility shall be no longer
than four feet beyond the boat storage unit. Length overall is defined as the
horizontal measurement for the foremost to the outmost points of the watercraft
including all equipment and attachments in their normal operating position.
2) The lighting must be in compliance with a submitted lighting plan approved by
the LMCD staff. The lighting plan must provide safe lighting of the dock and
minimize nuisances to adjacent properties.
3) The property must be managed and watercraft operated in a manner that prevents
damage to the wetland,removal of emergent vegetation, or dredging.
4) No temporary low water variances shall be granted during the period when the
Lake level falls below elevation 928.0 National Geodetic Vertical Datum.
5) The condition suggesting the ability to have transient parking is removed.
Transient slips and Port of Call are restricted to avoid creating undue traffic and
potential navigational hazards in the Channel.
6) The condition requiring watercraft to use the south channel except in emergencies
is removed.
7) The condition that dock structures shall be constructed and maintained in strict
compliance with the site plan attached as Attachment One is removed and
replaced with a new condition provided herein.
8) The condition subjecting BSU 13 (now BSU 14)to an annual review by the
Hennepin County Sheriff's Office Water Patrol is removed.
b. Approval of BSUs adjacent to the bog/wetland is contingent on results of a lake
sediment study and wetland delineation study. These BSUs include numbers 26, 27,
28, 29, and 30.
C. The Applicant must provide a lake sediment study and a wetland delineation study
performed and submitted to LMCD staff for consideration of these BSUs. The
purpose of the study is to determine the lake bottom composition(silt, solid,root
mass, etc.) in relation to the water depth. A determination will be made as to any
potential significant impact to the environment associated with the navigation of
watercraft in and out of the slips after review by the Minnesota Department of Natural
Resources and Minnehaha Creek Watershed District.
3
493339v1 TJGLK110-4
d. The Applicant must meet side setbacks as prescribed in the LMCD Code Section
2.01, subd. 2(b). Since the length measurement is based on the northern shore, the
side setback is based on a line extending along the western shore/land along the
channel. The Applicant must provide a plan indicating the side property line and''
setback(Exhibit B-Site Plan). Any BSUs in the setback must be removed to ensure
the channel for watercraft travel is maintained.
e. Signs must be installed to inform the public that there is no unauthorized dock use
and/or no trespassing. Signs must be located on the dock entrance and on the lakeside
areas of the dock in the language determined enforceable by the applicable law
enforcement agency.
f. Adequate sanitation and parking facilities will be provided onsite.
g. Dock structures shall be constructed and maintained in strict compliance with the Site
Plan dated December 9,2016 as approved.
® The property must be maintained and operated in compliance with all other
provisions of this Code,and other applicable regulations, ordinances and state law.
i. The Board may reconsider the license granted hereby in the event it detennines that
there may be additional adverse impact to the cattails or the wetland ecology of the
area due to the use of watercraft at this Subject Facility.
j. All watercraft must be docked bow in at all BSUs.
2. The LMCD staff is hereby authorized and directed to issue the approved new rnultiple dock
license for the Subject Property and to take such other actions as may be needed to ensure
compliance with this Order and the requirements of the LMCD Code.
BY ORDER OF THE BOARD OF DIRECTORS of the Lake Minnetonka Conservation
District this 14t'day of December,2016.
/s/James Jay Green, Chair
ATTEST:
/s/Gregory J. Thomas, Secretary
4
493339v1 TJG LK110-4
JEFFREY S.JOHNSON TIMOTHY D.ERB
MICHAEL F.HURLEY KAREN K.KURTH
BGS
HERMAN L.TALLE ADRIEL B.VILLARREAL
CHARLES M.SEYKORA TAMMY J.SCHEMMEL
DANIEL D.GANTER,JR. JENNIFER C.MOREAU
BEVERLY K.DODGE Barna, Guzy & Steffen, Ltd. DAVID R.SCHAPS
JAMES D.HOEFT THOMAS R.WENTZELL
*JOAN M.QUADE ATTORNEYS AT LAW LINDSAY K.FISCHBACH
*JOHN T.BUCHMAN 200 Coon Rap ids Boulevard NW, Suite 400 NICOLE R.WIEBOLD
SCOTT M.LEPAK TYLER W.EUBANK
ELIZABETH A.SCHADING Minneapolis,Minnesota 55433-5894
CAROLE CLARK.ISAKSON OF COUNSEL
WILLIAM F.HUEFNER WWWbgS.COnI RUSSELL H.CROWDER
BRADLEY A.KLETSCHER Main(763)780-8500 FAX(763)780-1777 JON P.ERICKSON
DOUGLAS G.SAUTER
*Also licensed in Wisconsin Writer's Direct Line: (763) 783-5138 STEVEN G.THORSON
Email Address: jguade&bQS.COm W.JAMES VOGL,JRJAMES H.WILLS
May 25, 2017
Scott Qualle MA Y 2 b REC'p
City of Spring Park
4349 Warren Avenue
Spring Park, MN 55384
RE: 5th Street Ventures
Dear Mr. Qualle:
Please be advised that I represent 5th Street Ventures. We have been trying to connect in the last
day or so and have been unable to do so. Thank you for your efforts. I am sorry but I will be out
of the office on Friday, May 26 but will try you again on Tuesday.
Thank you. I look forward to discussing the marina issue.
Sincerely,
BARNA, GUZY& STEFFEN, LTD.
Joan . Quade
JMQ:dlb
Enclosure
cc: Joel Buttenhoff
713906-vl