06-13-2022 Council Packet - Laserfiche WebLink

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221719v1 require access at the same location. Any land alterations or improvements approved shall be the minimum amount necessary to provide reasonable inland access. (2) Land alterations. Grading or physical alteration of any platted public right-of-way for any purpose, including inland property access, is prohibited except when such work has been specifically authorized as part of a permit issued by the council. The permit applicant shall provide a detailed land survey of the right-of-way and appropriate engineering drawings sufficient to identify the full extent of all proposed work. Permit approval shall be subject to obtaining a grading permit from city staff; and land alterations involving filling and grading shall be performed with only clean fill, and all other permits as may be required by other agencies having jurisdiction. Public rights-of-way so improved shall be maintained by the licensee. (3) Dockage on right-of-way. Installing, maintaining, keeping or using a private dock on any platted public right-of-way for any purpose, including inland property access, is prohibited except when such dock has been specifically authorized as part of a permit or license issued by the council. Not more than one seasonal dock will be approved for access to any one property. In review and approval or denial of such permit, the council shall consider the width and topography of the right-of-way, the number of property owners requesting dockage at that location, the plan of the proposed dock, and conformance with city and Lake Minnetonka Conservation District dock regulations. The council may establish reasonable standards or requirements in approving any such dock permit. (4) Encroachments prohibited. No private property, buildings, structures, fences, boats, vehicles, dock parts, junk or debris shall be built, stored, parked or kept at any time within any platted public right-of- way, within any platted public park, or on any other property owned by the city except as specifically authorized by a permit or license issued under this section. (5) Permit exceptions. No permit shall be required for any person to walk on or over any platted public right-of-way or any platted public park when such use is made without altering the natural state of the land. No permit shall be required for any person whose property abuts a platted public right-of-way or a platted public park to control weeds or brush, seed, sod, mow or otherwise maintain the right-of-way or park in a neat and presentable manner. Persons whose record lot established by section 78-568 consists of tax parcels divided by platted, unopened public right-of-way may incorporate and use such right-of- way as part of their yard without a permit, provided no permanent structures are erected or maintained within the right-of-way. (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 or license 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 or license 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 or licensee at least 30 days prior to the anniversary date. (8) Hold harmless. As a condition of issuance of any permit or license, 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.