Dispute over Medicine Lake dock continues

Plymouth Planning Commission denies request by owner to use a strip of shore on Medicine Lake as a boat dock.

April 4, 2014 at 2:35AM
Dan Gustafson bought a 5-foot strip out of land wedged ,about as wide as his arms are stretched between two lake homes on the shoreline of Plymouth's Medicine Lake ] Dan Gustafson bought a 5-foot strip of land wedged between two lake homes on the shoreline of Plymouth's Medicine Lake so he could boat and access the lake. But he's finding out that it's not that easy. The city says that, without a house on the narrow sliver of land, zoning rules restrict the Minnetonka man from being able to put u
Dan Gustafson bought a 5-foot-wide strip out of land wedged between two homes on Medicine Lake in Plymouth. (The Minnesota Star Tribune)

The dispute over whether a Medicine Lake shoreline owner can build a dock is continuing after the Plymouth Planning Commission denied Dan Gustafson's request to build a dock on his unusual 5-foot-wide plot of land.

The Minnetonka resident bought the narrow strip of lakeshore — a leftover old fire lane wedged between two lake homes — two years ago just so he could dock his boat there instead of buying a lake home or renting a boat slip. The city argues it would be too close to his neighbors.

On Tuesday, the Planning Commission unanimously approved a change that allows docks on land that doesn't have a principal building — like a house — because, the city said, they already have allowed properties to do that and docks are unique, seasonal structures. That would grant Gustafson approval for his dock, except that the commission said the dock would only be allowed if it's placed 6 feet or more from the side lot lines — a requirement Gustafson's 5-foot-wide and 100-foot-long property won't meet.

"This isn't just about Mr. Gustafson, it's about everybody who has lake right access," Jim Erickson, Gustafson's lobbyist, told the commission..

The city says the setback rules are needed to prevent conflict between property owners and protect their rights. Gustafson's two neighbors, who also have an attorney, are encouraging the city to reject the dock because it would impede their land.

"That doesn't make sense; those neighbors bought their property knowing that lot was for sale," Gustafson said after the meeting.

Now, he's returning to City Hall on April 22 to argue his case again to the City Council, saying that he's being deprived of his riparian rights as a lake property owner.

The City Council will consider the Planning Commission's recommendation at the April 22 meeting; the council had denied his appeal last October. If that happens again Tuesday, Gustafson said he'll go to court to get a judge's interpretation of the laws.

"It's going to be a question of whether they want to work on it on the front end," he said, " … or [in] legal action."

Kelly Smith • 612-673-4141

Twitter: @kellystrib

about the writer

about the writer

Kelly Smith

News team leader

Kelly Smith is a news editor, supervising a team of reporters covering Minnesota social services, transportation issues and higher education. She previously worked as a news reporter for 16 years.

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