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REQUEST FOR COUNCIL ACTION Department Approval: Administrator Reviewed: Name Paul Weinberger Title Zoning Administrator/Planner DATE: 10/20/99 ITEM NO.: Agenda Section: Zoning Item Description: Dock Policy Relating to Inland Lots on Big Island Without Lake Access 220 Big Island Summary of Request On April 12, 1999 the City Council granted a lot area variance for the property located at 220 Big Island to permit David Lovelace to construct a seasonal dwelling on the property. As of the date of this memo the City of Orono has not received a building permit. The property is 4.3 acres in size and is land locked. The access to the lot is via any of the undeveloped public roads. A major issue for the property owner is dock access. This property is one of several lots on the Island that potentially will request dock rights. The Municipal Code allows installing, maintaining, keeping or using a private dock on any platted public right-of-way when such dock has been specifically authorized as part of a permit 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. Permits are not 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 said right-of-way or park in a neat and presentable manner. The Code states permits issued are 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 at least thirty days prior to the anniversary date. Any formal requests for permits on Big Island require a public hearing with the Planning Commission or the Council. Notices are handled similar to notices for conditional use permits and require a 350' mailed notice to adjacent property owners. The notices shall contain the description of the land and the proposed use.