03-15-2021 Planning Commission Packet

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FILE#LA21-000017 15 March 2021 Page 3 of 4 4110 6. Public use limited. "Any permit issued under this section shall be deemed to open the platted public right-of-way only to the extent necessary as established in the permit, and for the limited use of the permittee and his invitees." 7. Permit limitations. "A permit issued under this section shall not grant or vest any property rights to use of the public right-of-way or other public property, or in any improvements. Permits issued under this section shall be valid for one year, shall be subject to change, alteration or revocation for cause by the council at any time, and shall be automatically renewable on the anniversary of the date of issuance except upon written notice from the city to the permittee at least 30 days prior to the anniversary date." 8. Hold harmless..."As a condition of issuance of any permit, the applicant shall in writing release, indemnify and hold harmless the city from any and all claims or causes of action arising out of the use or alteration of the platted right-of-way by applicant or his invitees." 9. Permit hearing and notice. "The planning commission or the council shall hold a public hearing or hearings on each application for a permit..." Discussion: Staff finds the request generally meets the criteria outlined in Section 78-567 for approval. In 2019, a request for a dock on right-of-way was made on the western portion of Big Island(#LA19-000086). That property owner, Ms. Fieger, had been utilizing an informal easement over a neighboring, lakeshore property. The City Council upon review of the details, directed staff to explore a text amendment to the Subdivision Regulations (Chapter 82) to facilitate the creation of a legal lake access easement only in the RS District;this was added to the Code in 2020 (included in Exhibit D). S The text amendment resolved the access issue for Ms. Fieger and her permit request was withdrawn. Knowing this provision was now available to them, the applicants have attempted unsuccessfully to secure a private easements from neighbors (including Three Rivers Park District) as detailed in their submittal.They decided,with the boating season fast approaching,to begin the City permitting process. Their submittal included their reasoning for selecting this site. As a result of the applicants' request and based on the resolution language,at this time Permit 2038 should be considered to be revoked; Staff has confirmed that the holder of Permit 2038 continues to desire dock access.While formally revoked, if the Commission/Council feel a dock is appropriate, staff suggests that some compromise or coordination occur to maintain access for both parties. With the exception of the Permit 2038 for 230 Big Island and its automatic revocation condition, the applicants' dock request should not unreasonably impact the other properties on this side of the island. There are two additional interior lots on the east side of the island (490 and 500 Big Island)without lake access who may, in the future, request a permit for a dock on right-of-way.The City should anticipate requests from 490 and 500 Big Island at some time. The other remaining properties on the east side are either lakeshore properties or in common ownership with a lakeshore property, thus providing the opportunity for a dock. Staff recommends the dock access question for inland lots be looked at comprehensively. Public Comments A public hearing notice was sent out to the property owners within 500-feet of the applicants' property notifying about the Planning Commission public hearing. In order to ensure transparency and to solicit additional comments for City Council use,staff has developed a second notice will be sent on March 31st to the owners within 500 feet of the proposed dock site. A number of public comments have been received and they are attached as Exhibit I. Most comments oppose the dock.