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FILE # LA21-000017 <br />15 March 2021 <br />Page 2 of 4 <br /> <br /> That there is no reasonable alternative access available. The applicants’ property does <br />not abut the lake or a public dock access. <br /> <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 Jud 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 /> <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 /> <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…”