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003-2939 <br />ScpttmMr 11.2003 <br />Pag* 1 0(2 <br />D»tt ApplkPdM lUcchfd: M-12-4U <br />Halt Ap^ttcatto* CoaiMcrH ai CoapkU: (M-2I4J <br />M-Da> Review Period Ftpim: KK2S-0J <br />To: Chair Smith and Planning Commission Members <br />Ron Moorse. Cit>- Administrator <br />From: Melanie Foth. City Planner |l^^ <br />CONSENT AGENDA <br />Dale: September 9.2003 <br />Subject: <503*2939. Pete & Maxine Thorkelson. 44U Big Island <br />• CUP <br />• public hearing <br />Zoning District: RS, Seasonal Recreation District. 5 Acre <br />Lot Area: 1 024 acres (44.612 s f.) <br />Appilcation Applicant requests a conditional use permit to allou septic <br />system improvements in street right of way. .Any work within the public right-of-way <br />requires a conditional use permit.________________________________________ <br />Staff/tecommendation: Staff recommendation: Planning Department Staff <br />recommends approval of the requested conditional use permit provided the following <br />conditions are met: <br />1 . The applicant acknowledges that placement of septic system connection pipes <br />within the right-of-way is at their own risk The sy stem should be constructed so <br />as to minimize the possibility of damage by vchicuiar traffic on the right-of-way. <br />2. Applicant shall, prior to placement of improvements within the right-of-way. <br />execute a hold harmless agreement which releases, indemnifies and holds <br />harmless the City and the public from any and all claims or causes of action <br />arising out of the use or alteration of the platted right-of-way by applicant or their <br />invitees. <br />PciiinenI Zoning Ordinance Sections <br />^ 10.31 5(D) Encroachments Prohibited; No private property, buildings. <br />structures, fences, boats, vehicles, dock parts, junk or debris shall be build, stored, <br />parked or kept at any time within an> planed right-of-way ...except as specifically <br />authorized by a permit issued under this Subdiv ision. <br />^ 10.31 .5(E) Permit Exceptions: Persons whose record lot established by <br />Subdivision 6 consists of ta.x parcels divided by planed, unopened public right-of- <br />way may incorporate and use such nght-of-way as part of their yard without a <br />permit, provided no permanent structures are erected or maintained within the <br />right-of-way. <br />^ 10.31.5(G) Permit Limitations: A permit issued under this Subdiv ision shall <br />not grant or vest any property rights to use of the public right-of-way or other <br />public property, or in any improvements made thereto. <br />^ 10.31.5(H) Hold Harmless: As a condition of issuance of any permit, the