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•03-2939 September 11,2003 Page 1 of 2 Date Application Received: 08-12-03 Dale Application Considered as Complete: 08-284)3 60-Dav Review Period F.tpires: 10-28-03 To: From: Date: Chair Smith and Planning Commission Members Ron Moorse. City Administrator Melanie Foth. City Planner CONSENT AGENDA September 9.2003 Subject: #03-2939, Pete & Maxine Thorkelson, 440 Big Island -CUP - public hearing Zoning District: Lot Area: RS, Seasonal Recreation District, 5 Acre 1.024 acres (44,612 s.f.) Application Summary: Applicant requests a conditional use permit to allow septic system improvements in street right of way. An> work within the public right-of-way requires a conditional use permit._______________________________________ Staff Recommendation: Staff recommendation; Planning Department Staff recommends approval of the requested conditional use permit provided the following conditions arc met: 1. The applicant acknou ledges that placement of septic system connection pipes within the right-of-way is at their own risk. The system should be constructed so as to minimize the pv^ssibility of damage by vehicular traffic on the right-of-way. 2. Applicant shall, prior to placement of improvements within the right-of-way, execute a hold hamiless agreement which releases, indemnifies and holds harmless the City and the public from an> and all claims or causes of action arising out of the use or alteration of the platted right-of-w ay by applicant or their _____invitees._______________________________________________________ Pertinent Zoning Ordinance Sections ^ 10.31.5(D) Encroachments Prohibited No private property, buildings, structures, fences, boats, vehicles, dock parts, junk or debris shall be build, stored, parked or kept at any time within any platted right-of-way...e.\cept as specifically authorized by a permit issued under this Subdivision. ^ 10.31.5(E) Permit Exceptions: Persons whose record lot established by Subdivision 6 consists of tax parcels div ided by platted, unopened public right-of- way may incorporate and use such right-of-way as part of their yard w ithout a permit, provided no permanent structures are erected or maintained within the right-of-way. ^ 10.31.5(G) Permit Limitations: A permit issued under this Subdivision shall not grant or vest any property rights to use of the public right-of-way or other public property, or in any improvements made thereto. V’ 10.31.5(H) Hold Harmless: As a condition of issuance of any permit, the