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■03-2939 <br />8*pl«r«««r11 2003 <br />Pag«2er2 <br />applicant shall in uriiing release, indemnify and hold harmless the City from any <br />and all claims or causes of action arising out of the use or alteration of the platted <br />right-of-way by applicant or his invitees. <br />10.3 1.5(1) Pcrmil Hearing A Notice: The Planning Commission or the Council <br />shall hold a public hearing or hearings on each application for a permit. <br />Lbt ofEihibHs <br />A. Application <br />E.xisiing & Proposed Surv ey'Site <br />Septic Svstem Plan <br />Property Owners List <br />Plat Map <br />Background <br />The property is located on Big Island and zoned Seasonal Recreation District (RS) with a <br />minimum lot size of 5 acres. The lot is a legal lot of record and is a combination of two <br />non-cc-.iiguous parcels totaling 1.024 acres. The applicant, in updating the private septic <br />system, was notified by City staff that a conditional use permit would be required in order <br />to run a private sewer line beneath the platted public right-of-way for the purpose of* <br />connecting the drain field (located on the interior parcel) to the l^eshore parcel where <br />the home is located. <br />Conditional I'sc Permit Analysis <br />Cit\ zoning code requires a conditional use permit for installation of private sewer lines <br />within Lhe public right-of-way per Section 10.31 Subdivision 5. <br />Issues for Coasidcratioo <br />1. .Are there any other issues or concerns with this application? <br />Suit Recommendatira <br />Planning Department Staff recommend approval of the requested conditional use permit <br />contingent on the following; <br />I.The applicant acknowledges that placement of septic system connection pipes <br />within the right-of-way is at their own risk. The system should be constructed so <br />05 to minimize the possibility of damage by vehicular traffic on the right-of-way. <br />Applicant shall, prior to placement of improvements w ithin the right-of-way, <br />e.xecule 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.