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• <br />Resolution No. 97-30 <br />4. The private use of the property shall not impede any public use of the <br />property. <br />A. Applicant must present documentation justifying the need for the additional land. <br />B. All structures or uses proposed must be temporary in nature, and shall be in <br />conformance with all applicable codes and ordinances (Comprehensive Plan, <br />Zoning Ordinance, Uniform Building Code, etc.) <br />C. Applicant must provide the following: <br />1. Application Fee <br />2. Proof of ownership of the adjacent private property. <br />3. Legal description of the adjacent private property. <br />4. Description of the public property being requested. <br />5. A site plan, drawn to scale, indicating the proposed location of any <br />structures/uses to be placed on public land. This site pian shall show the <br />location of all property lines, curbs, sidewalks, fire hydrants, light poles, trees, <br />utilities, etc. <br />Procedure <br />A. The applicant shall submit an application to the Department of Public Works for <br />the private use of public property together with all application requirements. <br />B. The Department of Public Works shall determine whether the application meets <br />all of the requirements of this policy and also determine what appropriate fees, if <br />any should be charged to theapplicant to cover any. City costs which may be <br />associated with the proposed use or structure being placed on City land or right of <br />way. <br />C. 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..(The <br />agreement contains a clause which exempts the City from any responsibility for <br />loss or damage to any structure. The agreement also contains a clause which <br />allows the City to terminate the agreement with a 30 -day notification.) <br />D. 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. <br />C97/uscland.doc <br />