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04-17-2000 Planning Packet
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04-17-2000 Planning Packet
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. F <br />§ 10.31 <br />Subd. 5. Permit For Private Improvements Within Public Rights-of-Way. It is <br />unlawful for any person to alter, improve or use for private purposes any platted public right-of-way, <br />any platted public park, or any other property oNvned by the Cit\' without first obtaining a peimit <br />from the Council, as follows: <br />A. Inland Property Access. Persons desiring access to property located inland <br />and not abutting the shoreline may apply for a permit to privately use and/or improve platted public <br />right- of-way for such purpose. The permit applicant shall demonstrate and the Council shall find <br />that there is no rezisonable alternative access available, and that the proposed improvements and/or <br />type of use would not unreasonably affect other properties abutting the right-of-way. The Council <br />may approve, deny or place restrictions on any such permit based upon public health, safety and <br />welfare considerations, including without limitation the configuration of adjoining record lots, the <br />location, width, topography, drainage and vegetation on the right-of-way and the number of existing <br />or future property owners who may require access at the same location. Any land alterations or <br />improvements approved shall be the minimum amount necessary to provide reasonable inland <br />access. <br />B. Land Alterations. Grading or physical alteration of any platted public <br />right-of-way for any purpose including inland property' access is prohibited except when such work <br />has been specifically authorized as part of a permit issued by the Council. The permit applicant shall <br />provide a detailed land survey of the right-of-way and appropriate engineering drawings sufficient <br />to identify the full extent of all proposed work. Permit approval shall be subject to obtaining a <br />grading permit from City staff, land alterations invoh'ing filling and grading shall be performed with <br />only "clean fill" as defined in Section 10.02, and all other permits as may be required by other <br />agencies having jurisdiction. Public rights-of-way so improved shall be maintained by the licensee. <br />Source: Ordinance 47, 2nd Series <br />Adopted: 2-22-88 <br />C. Dockage on Right-of-Way. Installing, maintaining, keeping or using a <br />private dock on any platted public right-of-way for any purpose including inland property access is <br />prohibited except when such dock has been specifically authorized as part of a permit issued by the <br />Council. Not more than one setjional dock will be approved for access to any one property. In review <br />and approval or denial of such permit, the Council shall consider the width and topography of the <br />right-of-way, the number of property owners requesting dockage at that location, the plan of the <br />proposed dock, and conformance with City and Lake Minnetonka Conservation District dock <br />regulations. The Council may establish reasonable standards or requirements in appro\ing any such <br />dock permit. <br />D. Encroachments Prohibited. No private property, buildings, structures, <br />fences, boats, vehicles, dock parts, junk or debris shall be built, stored, parked or kept at any time <br />within 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 Subdivision. <br />ORONO CC 312 (4-1-84)
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