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Resolution No. 97-30 R <br />• <br />B. The applicant shall provide to the City a site plan indicating the proposed location <br />of any structures to be placed on public land. This site plan shall show the <br />location of all property lines, curbs, sidewalks, fire hydrants, light poles, trees, etc. <br />C. The applicant shall provide to the City evidence of approval from the abutting <br />property owner. . <br />D. After all of the application materials are received, the Department of Public <br />Works shall determine whether the application meets all of the requirements for <br />the temporary use of public land and also determine what fees, if any should be <br />charged to the applicant to cover any City costs which may be associated with the <br />proposed use or structure being placed on City right of way. <br />E. If the applicant's request is granted, the applicant shall execute an Encroachment <br />Agreement, in the form approved by the City, for the use of public property. <br />(This agreement contains a clause which exempts the City.from any responsibility <br />for loss or damage to any structure. The agreement also contains a clause which <br />allows the City to terminate the agreement with a 60 -day notification.) <br />F. If the Department of Public Works denies any application for the temporary <br />public service use of a public right of way or easement, the applicant may appeal <br />the decision to the City Council within 30 days of that decision. Is <br />0 XT GIMPr <br />A.n abutting property owner may desire the temporary use of public land. Temporary <br />private use of public land are those uses which provide a convenience to a property <br />owner, but are not essential for the operation of business or residential use of the <br />property. These uses include commercial uses such as outdoor seating for restaurants, <br />fences, canopies, irrigation systems, sidewalk sales, etc; or residential uses such as <br />driveways, sidewalks, retaining walls, shrubs, or gardens. <br />1F ig;bi itv . <br />A. Eligibility of an applicant to request private temporary use of public land. <br />1. Applicant shall be the owner of land adjacent to and abutting. the land <br />requested to be temporarily used. <br />2. The: applicant's propc;rty shall not be delinquent on any property taxes. <br />B. Eligibility of the land to be temporarily used. <br />1. The land must not have been acquired by the City through tax delinquency <br />(forfeiture) or dedication. <br />?. The land must not be designated on the Comprehensive Plan as park land. <br />3. Land must be under the jurisdiction of the City. 0 <br />