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#03-2939 <br />September 11, 2003 <br />Page 2 of 2 <br />applicant shall in writing 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 />✓ 10.31.5(1) Permit Hearing & Notice: The Planning Commission or the Council <br />shall hold a public hearing or hearings on each application for a permit. <br />List of Exhibits <br />A. Application <br />B. Existing & Proposed Survey/Site <br />C. Septic System Plan <br />D. Property Owners List <br />E. PlatMap <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-contiguous 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 lakeshore parcel where <br />the home is located. <br />Conditional Use Permit Analysis <br />City zoning code requires a conditional use permit for installation of private sewer lines <br />within the public right-of-way per Section 10.31 Subdivision 5. <br />Issues for Consideration <br />1. Are there any other issues or concerns with this application? <br />Staff Recommendation <br />Planning Department Staff recommend approval of the requested conditional use permit <br />contingent on the following: <br />1. 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 />as to minimize the possibility of damage by vehicular 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.