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FILE#LA19-000086 <br /> 18 Nov 19 <br /> Page 2 of 3 <br /> • The council may approve, deny or place restrictions on any such permit based upon <br /> public health, safety and welfare considerations, including without limitation the <br /> configuration of adjoining record lots,the location,width,topography, drainage and <br /> vegetation on the right-of-way and the number of existing or future property owners <br /> who may require access at the same location. Any land alterations or improvements <br /> approved shall be the minimum amount necessary to provide reasonable inland <br /> access. <br /> 2. Land alterations. Grading or physical alteration of any platted public right-of-way for any <br /> purpose, including inland property access, is prohibited except when such work has been <br /> specifically authorized as part of a permit issued by the council... <br /> 3. Dockage on right-of-way. Installing, maintaining, keeping or using a private dock on any <br /> platted public right-of-wayfor any purpose,including inland property access,is prohibited <br /> except when such dock has been specifically authorized as part of a permit issued by the <br /> council... The council may establish reasonable standards or requirements in approving <br /> any such dock permit. <br /> 4. Encroachments prohibited. No private property, buildings, structures, fences, boats, <br /> vehicles,dock parts,junk or debris shall be built,stored, parked or kept at any time within <br /> any platted public right-of-way, within any platted public park, or on any other property <br /> owned by the city except as specifically authorized by a permit issued under this section. <br /> 5. Permit exceptions. No permit shall be required for any person to walk on or over any <br /> platted public right-of-way or any platted public park when such use is made without <br /> altering the natural state of the land... <br /> 6. Public use limited. Any permit issued under this section shall be deemed to open the <br /> platted public right-of-way only to the extent necessary as established in the permit, and <br /> for the limited use of the permittee and his invitees. <br /> 7. Permit limitations. A permit issued under this section shall not grant or vest any property <br /> rights to use of the public right-of-way or other public property, or in any improvements. <br /> Permits issued under this section shall be valid for one year, shall be subject to change, <br /> alteration or revocation for cause by the council at any time, and shall be automatically <br /> renewable on the anniversary of the date of issuance except upon written notice from <br /> the city to the permittee at least 30 days prior to the anniversary date. <br /> 8. Hold harmless... As a condition of issuance of any permit, the applicant shall in writing <br /> release, indemnify and hold harmless the city from any and all claims or causes of action <br /> arising out of the use or alteration of the platted right-of-way by applicant or his invitees. <br /> 9. Permit hearing and notice. The planning commission or the council shall hold a public <br /> hearing or hearings on each application for a permit... <br /> Analysis <br /> Staff finds the request meets the criteria outlined in Section 78-567 for approval. Up until this <br /> time, staff understands that the applicant has been informally sharing a dock with neighboring <br /> lakeshore property owners. This arrangement cannot be legally formalized as Orono City Code <br /> prohibits establishment or creation of an easement which grants access to the lake to any person <br /> for any uses, including but not limited to docking, mooring, swimming and launching of boats <br /> (Code Section 82-225). <br />