10-22-2003 - Re: Use of right-of-way on Big Island

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40- ZONDIG REGULATIONS § 78-567 such permit based upon public health, regulations. The council may establish safety and welfare considerations,includ- reasonable standards or requirements in ing without limitation the configuration approving any such dock permit. of adjoining record lots,the location,width, topography, drainage and vegetation on (4) Encroachments prohibited.No private prop- the right-of-way and the number of exist- erty, buildings, structures, fences, boats, ing or future property owners who may vehicles, dock parts,junk or debris shall require access at the same location. Any be built, stored, parked or kept at any time within any platted public right-of- land alterations or improvements ap- proved shall be the minimum amount way,within any platted public park,or on necessary to provide reasonable inland any other property owned by the city access. except as specifically authorized by a per- mit issued under this section. (2) Land alterations. Grading or physical al- (5) Permit exceptions. No permit shall be re- teration of any platted public right-of-way for any purpose, including inland prop- grated for any person to walk on or over erty access, is prohibited except when any platted public right-of-way or any such work has been specifically autho- platted public park when such use is made without altering the natural state rized as part of a permit issued by the of the land. No permit shall be required council. The permit applicant shall pro- for any person whose property abuts a vide a detailed land survey of the right- platted public right-of-way or a platted of-way and appropriate engineering draw- public park to control weeds or brush, ings sufficient to identify the full extent of seed, sod, mow or otherwise maintain the all proposed work. Permit approval shall right-of-way or park in a neat and pre- be subject to obtaining a gradi U permit sentable manner. Persons whose record from city staff; and land alterations in- lot established by section 78-568 consists volving filling and grading shall be per- of tax parcels divided by platted, un- formed with only clean fill, and all other opened public right-of-way may incorpo- permits as may be required by other agen- rate and use such right-of-way as part of cies having jurisdiction. Public rights-of- their yard without a permit, provided no way so improved shall be maintained by permanent structures are erected or main- the licensee. tained within the right-of-way. (3) Dockage on right-of-way.Installing,main- (6) Public use limited. Any permit issued taming, keeping or using a private dock under this section shall be deemed to on any platted public right-of-way for any open the platted public right-of-way only to the extent necessary as established in purpose, including inland property ac- the permit, and for the limited use of the cess, is prohibited except when such dock has been specifically authorized as part of permittee and his invitees. a permit issued by the council. Not more (7) Permit limitations. A permit issued under than one seasonal dock will be approved this section shall not grant or vest any for access to any one property. In review property rights to use of the public right- and approval or denial of such permit,the of-way or other public property, or in any council shall consider the width and to- improvements. Permits issued under this pography of the right-of-way, the number section shall be valid for one year,shall be of property owners requesting dockage at subject to change, alteration or revocation that location, the plan of the proposed for cause by the council at any time, and dock,and conformance with city and Lake shall be automatically renewable on the Minnetonka Conservation District dock anniversary of the date of issuance except CD78:97