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From:Dan Gustafson <br />To:Laura Oakden; Christopher Bollis; Scott Kirchner; Adam Edwards <br />Subject:Re: LA24-000063, LA24-000064 <br />Date:Thursday, November 7, 2024 10:43:41 AM <br />Attachments:image001.png <br />Hanford_v_St_Paul_And_DR_Co.pdf <br />Brisbine_v_St_Paul_And_SCR_Co.pdf <br />State_by_Head_v_Slotness.pdf <br />Lamprey v Metcalf.pdf <br />Thank you Laura, <br />You indicate LA24-000064 / 78-1282 follows the model ordinance from the DNR. Can you <br />provide a copy to me for review? <br />I'm concerned about the use of the term "landing" within the state-defined Shoreland <br />6120.2500.15 area, especially since a permit is required for construction in (b) 7. Riparian <br />rights cases suggest that property owners have the right to build docks, piers, wharves, and <br />landings on and in front of their property into the water without needing a permit, as these are <br />vested property rights. <br />I request that you revise the language to clarify that stair "landings" are distinct from docks, <br />piers, wharves, or other waterfront structures providing access to the water, as outlined in the <br />attached MN Supreme Court cases. Alternatively, you could remove the word "landing" <br />entirely. If no changes are made, I will submit a formal written objection to the code and <br />attend the public hearing to voice these concerns. <br />Daniel Gustafson | (952) 473-1000 <br />Wayzata.com <br />LakeMinnetonkaRealEstate.com <br />On Tue, Nov 5, 2024 at 4:01 PM Laura Oakden <loakden@oronomn.gov> wrote: <br />Hi Dan, <br /> <br />Thanks for your patience. I have included a short summary of the applications you had <br />questions about below. <br /> <br />LA24-000064 relates to a text amendment to two different areas within the shoreland <br />overlay district. (See Attached) <br />1. 78-1282 will address driveways widths within lakeshore setback. The proposed <br />language follows the DNR model ordinance <br />299