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10-22-2003 - Re: Use of right-of-way on Big Island
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10-22-2003 - Re: Use of right-of-way on Big Island
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8/22/2023 4:13:01 PM
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280
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Big Island
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280 Big Island
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Correspondence
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2311723320023
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ZONING REGULATIONS §78-1286 <br /> (4) Stairways, lifts and landings may be ei- Sec. 78-1284. Height of structures. <br /> they constructed above the ground on posts <br /> No structure within the shoreland overlay dis- <br /> or pilings or placed into the ground, pro- <br /> vided they are designed and built in a trict shall exceed the height limitations set forth <br /> manner that ensures control of soil ero- in the standards for the underlying zoning dis- <br /> sion. tract. <br /> (Ord. No. 101 2nd series, § 1(10.56(16)(H)), 2-24- <br /> 1992) <br /> (5) Stairways, lifts and landings must be <br /> located in the most visually inconspicuous Sec. 78-1285. Vegetation alterations. <br /> portions of lots, as viewed from the sur- <br /> (a) No live tree within 75 feet of the shoreline <br /> face of the public water, assuming sum- <br /> or within the bluff impact zone with a diameter of <br /> mer, leaf-on conditions, whenever practi- <br /> cal. six inches or more (or 19 inches in circumference <br /> or greater)measured three feet above the ground <br /> may be removed without first obtaining a permit <br /> (6) Facilities necessary to provide shore area from the city staff, provided that at least the <br /> access to physically handicapped persons equivalent number of replacement trees of a size <br /> shall be allowed,provided that the dimen- and nature found acceptable to the staff are <br /> sional and performance standards of sub- planted at the same setback from the shoreline as <br /> sections (1)—(5) of this section are com- those removed.Appeals of staff determinations as <br /> pleted in addition to the requirements of to type,size and quality of the trees to be replaced <br /> the Minnesota Regulations,chapter 1340. will be to the council. Removal of trees that are <br /> dead shall not require a permit, but such trees <br /> (7) A building permit shall be obtained for must be inspected by city staff prior to their <br /> construction of stairways, lifts and land- removal. <br /> ings regardless of whether such improve- (b) Intensive vegetation clearing within 75 feet <br /> ments are constructed above, at or below of the shoreline, on steep slopes or within the <br /> grade. bluff impact zone within the shoreland overlay <br /> (Ord. No. 101 2nd series, § 1(10.56(16)(F)), 2-24- district is prohibited. Limited clearing of shrubs <br /> 1992) <br /> and trees less than six inches in diameter and <br /> cutting,pruning and trimming of trees of any size <br /> is allowed to provide a view to the water from the <br /> Sec. 78-1283. Steep slopes. principal dwelling site and to accommodate the <br /> placement of permitted stairways and landings, <br /> picnic areas, access paths, beach and watercraft <br /> Any applicant requesting a permit for construe- access areas, and permitted lockboxes, provided <br /> tion of sewage treatment systems, roads, drive- that the screening of structures,vehicles or other <br /> ways, structures or other improvements on steep facilities as viewed from the water, assumin <br /> slopes shall provide adequate information to al- y <br /> low the cityto evaluate rummer, leaf on conditions, is not substantially <br /> possible soil erosion reduced. <br /> impacts and development of visibility from public (Ord. No. 101 2nd series, § 1(10.56(16)(I)), 2-24- <br /> waters before such permit may be issued. When 1992; Ord. No. 127 2nd series, § 7, 7-11-1994) <br /> determined necessary, conditions shall be at- <br /> tached to issued permits to prevent erosion and Sec. 78-1286. Topographic alterations/grad- <br /> preserve existing vegetation screening of struc- <br /> tures,vehicles and other facilities as viewed from ing and filling. <br /> the surface of public waters, assuming summer, (a) Grading and filling and excavations neces- <br /> leaf-on vegetation. sary for the construction of structures, sewage <br /> (Ord. No. 101 2nd series, § 1(10.56(16)(G)), 2-24- treatment systems, and driveways under validly <br /> 1992) issued construction permits for these facilities do <br /> CD78:191 <br />
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