EAST GULL LAKE, Minn. — A part-time East Gull Lake resident is suing the northern Minnesota city over an issue with the use and storage of his helicopter at his residence on Floan Point.

Doug Schieffer filed a lawsuit on Nov. 4, seeking judicial review after the city of East Gull Lake issued him notices of zoning violations and denied his appeals.

“We need to get in front of a court, and we’ve needed to for a long time to get this figured out,” Schieffer, the CEO of Northland Concrete & Masonry in Burnsville, said by phone this week.

The long-running issue began in 2018, when Schieffer bought the property and approached city staff about constructing a helipad there for the purposes of traveling to and from his Scott County home. Since that time, members of both the City Council and Planning and Zoning Commission have struck down proposals that would allow Schieffer to build the helipad and land his helicopter at his property.

Numerous residents spoke against Schieffer’s proposal, with concerns about noise and safety, but his neighbors on Floan Point were split. Some neighbors wrote to the city in support of having a helipad on the property, while others opposed it.

Schieffer’s last resort — which he said he did not want to have to initiate — is landing on the water of Steamboat Bay, where his home sits. Steamboat Bay is a public seaplane base open for residential use. According to Schieffer, this option is the most intrusive and least safe but the one he’s been forced into.

He built a barge on the water near his property, which Schieffer said gives him a target to shoot for when landing, as opposed to approaching the middle of the lake like a seaplane would do, closer to boats, jet skis and swimmers.

“Once I’m 5-10 feet, let’s say, off the water, my landing is complete,” he said. “So now I am hover-taxiing to shore. I’m taxiing to shore just like a seaplane taxis to shore. The only difference is a seaplane is touching the water when it taxis. My helicopter is 5-10 feet off the water when it taxis, but the landing procedure is complete.”

The same goes for Schieffer’s takeoff, with the helicopter hover-taxiing to the barge before beginning its actual takeoff. While he said he understands why his takeoff and landing routine might look to the untrained eye like it’s happening on land instead of water, that’s not the case.

The city, however, does not see it the same way.

On Feb. 14, the city issued a notice of violation to Schieffer, stating it had received several complaints about his helicopter taking off from and landing on his property, which is prohibited in the city.

Schieffer appealed the notice of violation twice but was denied by the city’s Board of Adjustment. That’s when he said he felt the need to take legal action, if only to get the matter in front of a judge to resolve.

“I believe what I’m currently doing is legal,” Schieffer said. “There’s no doubt about that in my mind.”

If Schieffer loses the case, he said he will be forced to land completely on the barge before taking his helicopter to the land, a process he described as much more intrusive and not as safe as his current actions.

He points to both industry experts and city officials who he said eventually told him to just build a hangar on his property and start using the seaplane base as his landing zone.

“This was not me just being a cowboy,” he said. “This was members of the city, my attorneys and the experts saying, ‘Just start doing it,’ and that’s how we’re going to get to the end, so people finally understand what the realities of this are because it’s not working with me trying to explain it.”

Another point of contention with Schieffer and the city is the use of that hangar and whether it constitutes the property being used as an airport. The city defines an airport — which is not allowed in residential areas of the city — as “any premises used or intended for use for the landing and taking off of aircraft including any structures used or intended for use for aircraft services.”

Schieffer insists having a hangar on his property does not constitute “aircraft services,” as it is simply used for storage.

“If you park your boat up on the shore of your property like everybody does, is it now a marina?” he said, noting the city’s ordinance says nothing about aircraft storage.

Schieffer maintains he has been as nice and considerate to his neighbors as possible for several years while working through this issue and has tried his best to find the least intrusive and safest solution for everyone.

The city’s response

In response to the lawsuit, the city of East Gull Lake alleges the court lacks jurisdiction over the subject matter and the defendant. Schieffer’s complaint requests judgment showing his activities do not violate city code, monetary compensation and any further relief he may be entitled to under the law. The city states Schieffer is not entitled to any relief and requests a judgment against him and dismissal of his causes with prejudice.

The city also alleges the service of the lawsuit and the process were insufficient in the matter.

“The Court should deny Plaintiff’s requested relief and award Defendant applicable costs, disbursements, and reasonable attorneys’ fees,” the city’s response states.

East Gull Lake Mayor Dave Kavanaugh declined to comment on the issue because of the pending litigation.

A hearing on the case is scheduled for Jan. 6 in front of Judge Jana Austad in Cass County District Court.

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