11-18-2019 Planning Commission Packet

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Sec. 82-255. - Lakeshore lots. The granting of easements which purport to grant access to the lake to any person for any uses, including but not limited to docking, mooring, swimming and launching of boats, is prohibited and shall be deemed a violation of this chapter and subject to all of the penalties and proceedings as set forth in this chapter. (Code 1984, § 11.31(4)) Sec. 78-567. - Permit for private improvements within public rights-of-way. It is unlawful for any person to alter, improve or use for private purposes in any RS district any platted public right-of-way, any platted public park, or any other property owned by the city without first obtaining a permit from the council, as follows: (1) Inland property access. Persons desiring access to property located inland and not abutting the shoreline may apply for a permit to privately use and/or improve platted public right-of-way for such purpose. The permit applicant shall demonstrate and the council shall find that there is no reasonable alternative access available, and that the proposed improvements and/or type of use would not unreasonably affect other properties abutting the right-of-way. The council may approve, deny or place restrictions on any such permit based upon public health, safety and welfare considerations, including without limitation the configuration of adjoining record lots, the location, width, topography, drainage and vegetation on the right-of-way and the number of existing or future property owners who may require access at the same location. Any land alterations or improvements approved shall be the minimum amount necessary to provide reasonable inland access. (2) Land alterations. Grading or physical alteration of any platted public right-of-way for any purpose, including inland property access, is prohibited except when such work has been specifically authorized as part of a permit issued by the council. The permit applicant shall provide a detailed land survey of the right-of-way and appropriate engineering drawings sufficient to identify the full extent of all proposed work. Permit approval shall be subject to obtaining a grading permit from city staff; and land alterations involving filling and grading shall be performed with only clean fill, and all other permits as may be required by other agencies having jurisdiction. Public rights-of-way so improved shall be maintained by the licensee. (3) Dockage on right-of-way. Installing, maintaining, keeping or using a private dock on any platted public right-of-way for any purpose, including inland property access, is prohibited except when such dock has been specifically authorized as part of a permit issued by the council. Not more than one seasonal dock will be approved for access to any one property. In review and approval or denial of such permit, the council shall consider the width and topography of the right-of-way, the number of property owners requesting dockage at that location, the plan of the proposed dock, and conformance with city and Lake Minnetonka Conservation District dock regulations. The council may establish reasonable standards or requirements in approving any such dock permit. (4) Encroachments prohibited. No private property, buildings, structures, fences, boats, vehicles, dock parts, junk or debris shall be built, stored, parked or kept at any time within any platted public right-of-way, within any platted public park, or on any other property owned by the city except as specifically authorized by a permit issued under this section. (5) Permit exceptions. No permit shall be required for any person to walk on or over any platted public right-of-way or any platted public park when such use is made without altering the natural state of the land. No permit shall be required for any person whose property abuts a platted public right-of-way or a platted public park to control weeds or brush, seed, sod, mow or otherwise maintain the right-of-way or park in a neat and presentable manner. Persons whose record lot established by section 78-568 consists of tax parcels divided by platted, unopened public right-of-way may incorporate and use such right-of-way as part of their yard without a permit, provided no permanent structures are erected or maintained within the right-of-way.