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FILE#LA21-000017 <br /> 15 March 2021 <br /> Page 2 of 4 <br /> ✓ That there is no reasonable alternative access available. The applicants'property does • <br /> not abut the lake or a public dock access. <br /> ✓ That the proposed improvements and/or type of use would not unreasonably affect <br /> other properties abutting the right-of-way. The right-of-way appears to be <br /> approximately 38 feet wide at the lake and widens to the west. There are two abutting <br /> lakeshore properties:210 Big Island(owned by lud and Alyea Champlin)which contains <br /> a seasonal dwelling;and 260 Big Island(owned by David Saari-KW Saari et al)which is <br /> vacant. Both property owners have reached out to staff regarding this request;to date, <br /> of the owners abutting the right-of-way, only the Champlins have provided written <br /> comment(included as Exhibit I). <br /> ✓ There is one existing permit for a dock on this same Bay Place right-of-way granted <br /> via Resolution 2038(hereinafter "Permit 2038") which is attached as Exhibit E. Permit <br /> 2038 is attributed to the property at 230 Big Island. Permit 2038 was issued to Ms. Elsie <br /> Hales in 1986 as her family had historically been using the Bay Place right-of-way for <br /> dock purposes through an informal agreement with the City for approximately 50 years. <br /> Upon Ms. Hales'decision to sell the property she requested a permit for the existing <br /> dock to assure access for a buyer. Permit 2038 was granted, subject to a number of <br /> conditions, including the following: "should there be any other requests from inland <br /> property owners to use this site for the installation of a dock to their properties, this <br /> permit is automatically revoked."Permit 2038 appears to have remained in effect since <br /> that time, and has been transferred to the subsequent owners (Fred Bruntjen/Nancy <br /> Farnes). Ms. Farnes has provided comment on this request, included with Exhibit I. <br /> • <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 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-way for 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 any <br /> 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 />