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(7) A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the
<br />existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new
<br />lot and the newly created parcel is combined with an adjacent parcel.
<br />(Code 1984, § 10.03(6)(A); Ord. No. 9 3rd series, § 1, 5-24-2004; Ord. No. 92 3rd series, § 1, 3-26-2012; Ord. No. 95
<br />3rd series, § 1, 10-8-2012; Ord. No. 108 3rd series, § 1, 7-8-2013)
<br />Sec. 78-567. Permit for private improvements within public rights -of -way.
<br />It is unlawful for any person to alter, improve or use for private purposes in any IRS district any platted public
<br />right-of-way, any platted public park, or any other property owned by the city without first obtaining a permit from
<br />the council, as follows:
<br />(1) Inland property access. Persons desiring access to property located inland and not abutting the
<br />shoreline may apply for a permit to privately use and/or improve platted public right-of-way for such
<br />purpose. The permit applicant shall demonstrate and the council shall find that there is no reasonable
<br />alternative access available, and that the proposed improvements and/or type of use would not
<br />unreasonably affect other properties abutting the right-of-way. The council may approve, deny or place
<br />restrictions on any such permit based upon public health, safety and welfare considerations, including
<br />without limitation the configuration of adjoining record lots, the location, width, topography, drainage
<br />and vegetation on the right-of-way and the number of existing or future property owners who may
<br />require access at the same location. Any land alterations or improvements approved shall be the
<br />minimum amount necessary to provide reasonable inland access.
<br />(2) Land alterations. Grading or physical alteration of any platted public right-of-way for any purpose,
<br />including inland property access, is prohibited except when such work has been specifically authorized
<br />as part of a permit issued by the council. The permit applicant shall provide a detailed land survey of
<br />the right-of-way and appropriate engineering drawings sufficient to identify the full extent of all
<br />proposed work. Permit approval shall be subject to obtaining a grading permit from city staff; and land
<br />alterations involving filling and grading shall be performed with only clean fill, and all other permits as
<br />may be required by other agencies having jurisdiction. Public rights -of -way so improved shall be
<br />maintained by the licensee.
<br />(3) Dockage on right-of-way. Installing, maintaining, keeping or using a private dock on any platted public
<br />right-of-way for any purpose, including inland property access, is prohibited except when such dock
<br />has been specifically authorized as part of a permit issued by the council. Not more than one seasonal
<br />dock will be approved for access to any one property. In review and approval or denial of such permit,
<br />the council shall consider the width and topography of the right-of-way, the number of property
<br />owners requesting dockage at that location, the plan of the proposed dock, and conformance with city
<br />and Lake Minnetonka Conservation District dock regulations. The council may establish reasonable
<br />standards or requirements in approving any such dock permit.
<br />(4) Encroachments prohibited. No private property, buildings, structures, fences, boats, vehicles, dock
<br />parts, junk or debris shall be built, stored, parked or kept at any time within any platted public right-of-
<br />way, within any platted public park, or on any other property owned by the city except as specifically
<br />authorized by a permit issued under this section.
<br />(5) Permit exceptions. No permit shall be required for any person to walk on or over any platted public
<br />right-of-way or any platted public park when such use is made without altering the natural state of the
<br />land. No permit shall be required for any person whose property abuts a platted public right-of-way or
<br />a platted public park to control weeds or brush, seed, sod, mow or otherwise maintain the right-of-way
<br />or park in a neat and presentable manner. Persons whose record lot established by section 78-568
<br />consists of tax parcels divided by platted, unopened public right-of-way may incorporate and use such
<br />Created: 2021-02-27 04:26:43 [EST]
<br />(Supp. No. 19, Update 1)
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