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