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#03-2939 September 11, 2003 Page 1 of 2 Date Application Received: 08-12-03 Date Application Considered as Complete: 08-28-03 60-Day Review Period Expires: 10-28-03 To: Chair Smith and Planning Commission Members Ron Moorse, City Administrator From: Melanie Foth, City Planner CONSENT AGENDA Date: 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. Any 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 are met: 1. The applicant acknowledges 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 possibility 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 harmless agreement which releases, indemnifies and holds harmless the City and the public from any and all claims or causes of action arising out of the use or alteration of the platted right-of-way by applicant or their invitees. Pertinent Zoning Ordinance Sections ✓ 10.31.S(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 ... except as specifically authorized by a permit issued under this Subdivision. ✓ 10.31.S(E) Permit Exceptions: Persons whose record lot established by Subdivision 6 consists of tax parcels divided by platted, unopened public right-of- way may incorporate and use such right-of-way as part of their yard without a permit, provided no permanent structures are erected or maintained within the right-of-way. ✓ 10.31.S(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. ✓ 10.3 l .5(H) Hold Harmless: As a condition of issuance of any permit, the