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JAMES H. GILBERT <br /> LAW GROUP P.L.L.C. <br /> 12700 ANDERSON LAKES PARKWAY <br /> EDEN PRAIRIE, MINNESOTA 55344-7652 <br /> TELEPHONE (952) 767-0167 FACSIMILE (952) 767-0171 <br /> WWW.JGILBERTLAWGROUP.COM <br /> E-mail address: <br /> jhgilbert@lawgilbert.com <br /> February 12, 2014 <br /> Lake Minnetonka Conservation District HAND DELIVERED <br /> Board of Directors <br /> Re: Commercial Marinas and Yacht Club <br /> Proposed Code Amendments <br /> Dear Board Members: <br /> I have been retained by practically all of the commercial marina owners and yacht clubs <br /> on Lake Minnetonka to request certain amendments to the LMCD Code as it relates to <br /> commercial marinas and yacht clubs. The owners have had a number of meetings among <br /> themselves to discuss their concerns and have worked diligently to come to a consensus related <br /> to their enterprise in as narrow and limited fashion as possible. There was unanimous consensus <br /> on the need for more flexibility within the envelope of their marinas, a need to be responsive to <br /> changing market and navigation standards and to recognize the important role that commercial <br /> marinas and yacht clubs fulfill on Lake Minnetonka. <br /> The marinas benefit other lake residents, other lake users, including cruise ships, <br /> providing service, repairs, fuel, storage and emergency and distress help. They also assist first <br /> responders, where the marinas are often used as assembly and access sites, when accidents and <br /> drownings occur and recovery efforts are undertaken. These activities are inherent amenities that <br /> unquestionably make the lake a more functioning lake for both the private and public sector. <br /> These requests are in conformity to some of the LMCD's current policies. The LMCD <br /> Code already classifies commercial marinas separate from other multiple dock use owners and <br /> users in the Code. See LMCD Code §§ 102, subd. 8 and subd. 28. The purpose of the <br /> reconfiguration of non-conforming structures section § 2.015of the Code allows the LMCD "to <br /> take market demands" into consideration. The commercial marina owners are simply requesting <br /> that the realities of the current situation on Lake Minnetonka be taken into consideration. This <br /> will be more cost effective and efficient for these licensees and the LMCD staff, while meeting <br /> all of the public safety, health, environmental and navigational concerns of all of our citizens. <br />