HomeMy WebLinkAboutProject Packet - never processed - see 10-3448Telephone 473-7357
CITY of ORONO
May 13, 1983
Mr. Zane Scheftel
Box 176
Excelsior, Minnesota
Post Office Box 66 • Crystal Bay, Minnesota 55323 • Municipal Offices
On the North Shore of Lake Minnetonka
55331
Re: Big Island -Record Lot No. 10
Dear Mr. Scheftel:
Attached is a complete copy of the Big Island Zoning Ordinance
adopted last December and some forms for use in recording the
actual and authorized use of your property.
When the ordinance was adopted on December 30, 1982, the City
Council also conceptually approved a lot area variance and
conditional use permit for your on-going year-round use of your
property, subject to the staff preparing a detailed resolution
to thereafter be filed in the chain of title of your lot. The
information requested on the following (attached) forms is necessary
to correctly draft that resolution according to the requirements
contained in the ordinance:
#1. Blue Form: This is simply the standard notice form giving your
lot identification, size and classification. You do not need
to do anything with this unless there is an error in the
information we show.
#2 & 3 Forms: not included -not applicable to your situation.
#4-1. Yellow Form:
use permit.
Information needed for principal use conditional
#4-3. Yellow Form: Information needed for domestic farm animal
conditional use permit.
#5. Gold Form: Information needed for issuance of a license to
formally authorize use of the public right-of-way for access
to your inland lot. You may want to refer to Section 34.365
in the ordinance. ·
Mr. Zane Scheftel
May 13, 1983
Page 2
Please complete and return the above forms #4-1, #4-3 and #5 at
your convenience. If you have any questions, do not hesitate to
call me. As soon as these are returned, I will draft a formal
resolution to grant these approvals. I will send that back to
you for your review and signature, and then place the signed
resolution on the City Council agenda for formal approval.
I apologize for the delay in getting this information to you. You
will note that the ordinance and attached forms include a July 1,
1983, deadline for your response. I would appreciate your response
by that date, but because this notice was delayed, you do not have
to feel bound by that deadline. ·
Thank you for your cooperation.
APO/ams
Enclosures
0
CITY of ORONO ... _.
Post Office Box 66 • Crystal Bay, Minnesota (55323 • Municipal Offices
On the North Shore of Lake Minnetonka
ORDINANCE NO. 246 RS SEASONAL RECREATIONAL ZONING
OFFICIAL RECORD LOT NOTICE FEBRUARY 15, 1983
473-7357
This notice is provided to the owner/taxpayer of record according to Ordinance #246,
Section 34.336. The fdllo~ing Record Lot classification will be considered accurate
and final unless you have some reason to dispute the facts used to make the classification.
Record Lot identification forms the basis for the granting of automatic lot area variances
th.qt "Grandfather" existing properties of less than 5 acres in area.
RECORD LOT means all the contiguous or abutting land owned in common by the same person
or persons as of November 9, 1981, (the effective date of the island moratorium) or
at any time such common-ownership may occur thereafter, including one or more separately
platted lots or unplatted parcels of land, and/or one or more separately identified tax
parcels. Because of the unique circumstances and actual use patterns existing on the
islands, also included within the definition of a "Record Lot"·is commonly-owned land
that is contiguous except for being separated only by platted unopened public right-of-way.
Record Lot 1110
Zane Scheftel
Box 176
Excelsior, MN 55331
APPROXIMATE SIZE ,3, (;;, ACRES & CLASSIFICATION:
(size is exclusive of any wetlands)
OVER 10 ACRES, (m~y be SUBDIVIDABLE)
--OVER 5 ACRES, but LESS THAN 10 ACRES
--(conforming but not SUBDIVIDABLE)
$suBSTANDARD/BUILDABLE (less than 5 acres;
a new seasonal cabin may be built, or an
existing seasonal cabin may be improved;
added-onto or replaced, subject to setbacks,
permits, etc., but without requiring further
City Council review)
UNBUILDABLE (means a vacant lot of less than
--1/2 acre: may be used for recreational purposes
without a cabin, but requires a Council approved
variance to be built on)
This RECORD LOT consists of j
as follows:
~'3-1/7-:2.3 :ZP. 000..2
EXISTING USE CLASSIFICATION
tax parcel(s)
RECREATIONAL USE ONLY (without a cabin)
--:SEASONAL.CABIN, used 180 days or less/year
(if your cabin is used more than 180 days/
year, please complete the YELLOW application)
__ Seasonal Cabin plus a PRIVATE GUEST CABIN
4other CONDITIONAL USE
P/tlA/Cll'J'AL VSG
PLEASE VERIFY THE ACCURACY OF THE ABOVE INFORMATION. If there.is an error or a change,
please mark the correction and return this page to the City in the enclosed postage-
paid envelope. We want this permanent record to be correct.
IF YOU WISH TO CHALLENGE THE RECORD LOT DETERMINATION AND/OR THE CLASSIFICATION OF YOUR
PROPERTY, you must file a formal written appeal bef<;>re July 1, 1983, or the record lot
will remain classified as· above. Sign below and return along with a separate letter
stating the problem and facts supporting any change. Additional information may be
requested to verify any challenge such as surveys, utility bills, copies of recorded
deeds, etc.
Owner/Taxpayer Date Phone
CITY of OKON ·
-Po s t Office Box 66 • Crystal Bay, Minnesota 55323 • Municipal Offi ces
On the Nort Shore of Lake Minnetonka
ORDINANCE NO. 246 APPLICATION FOR CONDITIONAL USE PERMIT (& VARIANCE)
SECTION 34.363(a): TO AUTHORIZE PRINCIPAL DWELLING USE: meaning any home or
cabin that is used or occupied for 181 days or more in any one year; or any
dwelling regardless of the duration of use if y ou wish to claim a Minnesota
"principal residence" homestead t ax credit. If the property is not homestead,
and if your total annual usa ge is less than 180 days (6 months), then your use
is allowed by the ordinance and you do not have to apply for this special permit.
Note that even if you use the property a few days every month, it is the total
number of days that count, not how these days might be spread throughout the year.
PLEASE NOTE. The following information is requested to prepare the permit accur-
ately and to speed up the review as much as possible. Please attach other infor-
mation or explanations which might be helpful, especially a site plan or lot
survey and a sketch of your septic system. You might also be asked to supply
other information during the course of the review.
Application Date ~eff3 (before July, 1, 1983). Record Lot No. _ _._/~(2 ____ _
Fee Owner ( s) Name .;::::'.or, f. .J-: /7J lil lrf /fl YE, / .S (!,/11;_ .//4:r/,1ep hone Numbers
Mailing f0 /,1v /?u:, :fve{'. kear /JJn Mainland ________ _
Address __________________ Island __ 6(__,._7_?(_-_6~3._'..3~,Y--
Mail Address
Brief statement as to why this permit should be approved: ?~ ~Ji' t,..e__ ~-J-~-~---_ -.-_ . .
i ~Ll ~ -~ ..:2 e, ln:.;i..,
1. Ownership is by: Fee (Deed) V:contract f o r Deed ___ : Other _______ _
2. Date Property was Purchased: /9 /a s deed/contract recorded? /4 ___ No
3.
4.
Approx. Property Size: _____ ft. wide X ___ ft. deep; or ,f. hf a cres.
Vyes no . If not, what is the address Is this your only residence? ---
of your other residence(s)?
5. Have you filed for a "Homestead" proper t y ta x credit on this property ~s
If yes, what is the first year y ou so filed? /9 2~~ .
BUILDJNG & ZONING -473.7357
ASSF.SSI N(; •
QUESTIONS CONTINUE ON BACK
ADMINISTRATION & FINANCE -473 -7358 • PUBLIC WORKS -473-7359
No
ORDINANCE NO. 246 RECORD LOT NO. __ /_(} ___ ---==--=--
APPL I CATION FOR PRINCi.. AL DWELLING CONDITIONAL USE PER1.~.1.' PAGE -2-
6. Have you filed for a "Homestead" credit on any other Minnesota property? Yes VN o ----If so where? -------------------------------------
7. How many persons reside here as their principal residence (on the average)? ~
8. How many days per year is the property occupied? (a)__&tinuously all year; or
(b) Part of each year from about _____ to ____ totalling ____ days; or
(c) Off and on throughout the year, totalling ___ days (give example of dates
used last year): ---------------------------------
I ~
10. Dwelling was built when (approx. year)? /? 3 O was added onto in what year (s)? n tJ n E._ _and was last remodeled in what year?/? f".cJ
11. Approx. dwelling size (floor area) is : ___ ft . X ft.; or /S-t'JO sq. ft.;
it has how many bedrooms? 3 and can sleep u_p _t _o_h persons.
12. Dwelling construction is frame (wood) ~r what other material?
(a)
I
A permanent foundation is required. What exists now? ~a9eme?t : crawl. I
space _____ : open floor with piers _____ ; other ~ <2::::2::'.1~
(b) What is type and amount of insulation in: walls: c;,.:?~ ~-<-<--✓ .3~/1 '.
ceiling/roof: /I ~I ~ N !
(c) A permanent heating system is required. What exists now?
(d)
13.
hot air ?:1mance ____ space heaJ er(u.,._. wood stove(s) ________ ,
other ~-I ~J ,11~.¢ el
Fire retardent roofin v,-i~-:l be required for new work. What exist now?
asphalt shingles_~~~~:: untreated~o!--~-= treated wood
other '--07~ ~fl , 4&fJ
Plumbing and Septic systems will be required by or before Jan. 1, 1983.
exists now?
What
(a) No. of toilets / bathroom sinks / tub or shower ------------kitchen sink _ __,,_/ __ _ other
(c) Amount of drainfield: No. of lines ..3 ; length /~ L:/-
total Sq. footage--;.,.....-a<-....aa.......=--=--z;--="-----
-Er-------------
(d) Location of Septic tanks/drainfield on lot (direction from house):
'5ou-rh
(e) Date of septic system installation/last repair ___ /..___.f''---J~_,'O~----------
and name of contractor T
14. What type of domestic water supply is avaitle? (a) lake pump __ -gpm
(b) well: depth/~ 0 ft.; casing diam.-inches: flow rate ? g~
pump type: elec. V°;gasoline _____ o her: . ~
year drilled / 9g' '?\ by (contractor's name) ~H +-c----r-,ff---,---~-------
I
ORDINANCE NO. 24 6 RECORD LOT NO. /t? ------APPLICATION FOR PRINCIPAL DWELLING CONDITIONAL USE PERMIT PAGE -3 -
15. What e Y.ists
e x ting uisher (!:l)
Basic fire/life protection will be requ ~d by Jan. 1, 1985.
now and how many? Smoke detector(s) _...,~-,;_ __ & Portable fire
size lAlOBC or lar ger ~ : other ___________________ _
16. What additiona l fire extinguishing equipment is available now (some type is
required by Jan. 1, 1988)?
17.
18.
19.
(a)
(b)
Automatic sprinkler system
Roseline conne c ted to well----~or
(c) Alarm system ---------------
( d) Other ---------==-----------
to lake pump : -----
Is your hous e visible from the lake? Yes ____ No ~u~a 4-wheel
drive emergency vehicle reach your house f rom the lake? Yes_VN_o o __
one,
and
Also
Do you have an intrusion alarm system? DO NOT ANSWER HERE. If you have
please notify Orono Police (473-7710) of the particulars, including type
key holder n a mes. Any audible alarm must be of the self-resetting type.
consider Operation ID marking of valuables, security locking, lighting and
other such measures.
How ~o. you dis~~ of garbage aannad_eE th ~wast~s (~~ying..,l2.I.. burning is
prohibited) : ~ 4; ~ -~-~~~~-+-~"'---'=--~----~----~-~-~----
I hereby apply for this Conditional Use Permit under the terms and conditions of
Ordinance No. 246. I understand that in granting the permit the City Council may
establish reasonable conditions or timetables for making improvements related to
health and safety matters; that the final permit if granted will be in resolution
form, will require my signature, and will be recorded in the chain of title of my
property; and that there will b~n fee charged for this application if made before
July 1, 1983. ~ '-x~ .#cF-._
Owner's Signature...s;;~...Ll.Jj~~~~U~~~::=::~~~~:::::._ _ ___!Date ¼-~3
Applicant's Signa ture Date -----------------------------
CITY OF QR·
D [§v[§OW §[m
JuL;,f l9B3 '.Ii . CITYof ORONO
Post Office Box 66 • Crystal Bay, Mmnesota 55323·•Municipul Offices
CITY OF Jill I/i d North Shore of Lake Minnetonka
ORDINANCE NO, 246 APPLICATION FOR CONDITIONAL USE PERMIT ( & VARIANCE) @
SECTION 34.363(f): TO AUTHORIZE KEEPING OF DOMESTIC FARM ANIMALS for non-commerci al
purposes in a residential district. Any barn, stable, shed other building used for
housing such animals shall be located not less than 150 feet from the nearest lot
line. The minimum lot area shall be 1.0 acre for the residence plus at least 1.0
acre of open pasture, not including wetlands, for each "animal unit" (except that
the first horse shall require 2.0 acres of pasture). An "animal unit" means each
horse, donkey, burro, cow or steer; each three sheep, goats, or pigs; and 50 fowl.
The Council may adjust pasture requirements at its discretion.
PLEASE NOTE. The following information is requested to prepare the permit ac c ur-
ately and to speed up the review as much as possible. Please attach other infor-
mation or explanations which might be helpful, especially a site plan or lot survey .
You might also be asked to supply other information during the course of the review.
/0 Application Date (before July 1, 1983). Record Lot No. ---------------
Numbers Fee Owner(s) Name~.:Z=~=~c..;.t2.J.,.Ji,,E---.;,t...."--./C..fJ?L.L....,4-r-=--j..k:,..,a4,_:;_""...,,£:,_Lf_,._c.>,£....:(L::::..,h,"-'--"'£;._L~--L--"'e,.~/.__Telephone
Mailing g \I I 7 (P ~ Mainland ___ -___ _
Address '&'.~eds~ f). y-.mo ,
Applicant's Name (if different) ________________ and Telephone -
Mail Address --------------------------------------
Brief statement as to why this permit should be approved: -------------=----
1. Approximate
0-4--~ ¥-/
property size : ____ ft. wide X ____ ft. deep; or 8 . ~ 9 acres.
2. How is property occupied? Principal residence (year round) t.--:'s easonal ---
3.
4.
s.
Who cares for the animals? --~'--___..._---'-~c........;::=-------------------
What type and number of animals are to be kept? t/~ ~
(i,& ,~ -~ ~·
Are the animals kept on the island all year? Yes ~o . If not, when are
they on the property? ------------------------------
QUESTIONS CONTINUE ON BACK
BUILDING & ZONING -473-7357 • ADMINISTRATION & FINANCE -473-7358 • ,t C'('t:'C'<'l"I,-.
CITY OF ORONO ORDINANCE NO. 246 RECORD LOT NO._~/.~'O __ _
APPLICATION FOR DOMESTIC FARM ANIMAL CONDITIONAL USE PERMIT PAGE -2 -
6. What fencing or other containment is provided? _______________ _
b l ~~ 6-1
,,,., ,,,,/ ,,rl J ./ -A _/ 7. How much open pasture is available? ~ /dl-. ~ --=-----=--...L.-0~"'----=--=--=-=-=----==='--------'=
8. Is
(a)
(b)
(c)
(d)
(e)
there a barn, stw,le or othe ~ shelter provided? Yes
If yes, what?_~~:a,_,._ _____ ; and what size? .j'c)
~ ----ft. X 30 ft.
What is the distance between the barn or stable and the nearest neighboring
property line? 4?t:-t-0 ft.
When was it built (year)? 1 9'?(>_. J
What is it constructed gi? ____ ~{,,(/-=-~·<2~0~d ...... _______________ _
Is it permanent? __ V __ :: or can it be moved if necessary? ________ _
9. What ty pe o f feed and water is
10. How is manure and other wastes
available? J;-;:; J ,¼d..-~
(to be) handled? ~ ----------------
11. Are you aware of any prior complaints or problems with any neigbors? Yes __ No v--(°
If yes, what has been done to correct the problem? ----------------
I hereby apply for this Conditional Use Permit under the terms and conditions of
Ordinance No. 246. I understand that in granting the permit the City Council may
establish r easonable conditions or timetables for making improvements related to
health and safety matters; that the final permit if granted will be in resolution
form, will require my signature, and will be recorded in the chain of title of my
property; and that there will be no fee charged for this application if made before
July 1, 1983.
Owner's Signature_~~~rJ;-~_a,A.._··-,T----~~~'~· ---,.~---~~-~""-~---Date
Applicant's Signature Date ----------=---=:..===-==-=------==----------===
JUL ? 7 1983 CITY of ORONO
Post Office Box (i(i • Crystal Bay, Minnesota 553 2:{ • Muni c ipal Offi ces
On the North Shore of Lake Minnetonka ®
ORDINANCE NO. 246 REQUEST FOR CITY LICENSE TO UTILIZE PUBLIC PROPERTY
FOR PRIVATE PURPOSES
Please refer to Ordinance 246, Sections 34.365 (a) thru (i) attached
to this application for licensing regulations. It is the purpose of this
Section to recognize, authorize and regulate private useage of public
property on the islands, especially ror and by those island properties
that have no direct riparian access.
The following information is requested to determine the purpose and
extent of private useage intended, and to speed up the license review
process as much as possible. Please attach other information or expla-
nations which might be helpful. You may be asked to supply additional
information during the course of this review .
Application Date ~#13 (before Sept . 1, 1983). Record Lot# /0
Fee Owner ( s) Nam~ -r tll.tJ;icra ,.E-I Sll--h_E /Jili.ephone Numbers
Mailinq.Bx' / 2& Mainland _______ _
Address 'txcu:«lsL a'c fl2a 5-S:3'.3/ Island t/lY -tzJ.3/'
Applican ~•s Name (if different) __________ and Telephone _____ _
.Mail. Address -----------------------------------
Please identify your private property and the public property you use
or propose to use by maiking on the map attached to this application.
PRIVATE PROPERTY INFORMATION
1. Ownership is by: Fee(deed) ~Contract for Deed __ Other ___ _
2. Date property was purchased JP?O. Is deed/contract recorded? ~ __ No
3. How is property occupied? Principal residence(year round) ~asonally __ :
4. Does your property directly abut the shoreline at any location? __ Yes ~
a) If yes, for how many feet of frontage? _______ feet.
b) If yes, why can't you use your own shoreline for access?
Please explain: --------------------------------
c) If no, are you currently using this or any other public property
for access? _____JLy'es, since (date) 1970
BUILDI NG & ZONI NG -473-7357
ASSESSI NG
•
no. I would like to start use as of (date) ------
ADMINISTRATION & FINANCE -473-7358 • PUBLIC WORKS -473-7359
LICENSE APPLICATION-PUBLIC PROPERTY USE Page 2
PUBLIC PROPERTY/USEAGE INFORMATION
5. Do you need to grade, fill or otherwise a]J;:..9r the public land to
accomodate your proposed use? __ Yes _V-_NNno.
a) If yes, state the reason for such alteration: ___________ _
b) If yes, you must attach a detailed land survey of the area to be
altered, and appropriate engineering drawings sufficient to identify
the extent of arl proposed work.
6. Do you intend to install, maintain or keep a pjfiate dock or mooring
on or attached to the public land? __ Yes __ V_NNno.
a) If yes, state the number of boats to be kept:
on land _______ : at the dock _____ : at bouys _____ _
b) If yes, you must attach a sketch of the dock showing the full
shoreline width of the public property, the location of the dock,
its length and its configuration (straight, L, tee, etc.), and
the number of slips.
c) If yes, does any other person/property owner have a dock at this
location now? Yes (name)__________________ No.
d) If yes, is any other person/property owner going to share the dock
you build? __ Yes (name)___________________ No.
7 . Generally, no building or structure other than a dock, no fence, shed,
boat, vehicle, junk or debris shall be permitted to be built, kept,
parked or allowed to remain on or within any public land or right-of-
way._ If you wish an exception to this law, please state the details
and the justification for requesting such an exception: ________ _
8. You must provide your own casualty and liability insurance to cover
private useage of the public property. Please contact your insurance
carrier/agent to be sure you are covered. Please complete:
Insurance Carrier (name)____._~_,_""""'~=-.=..=c::_-------------------r--
Policy No. /(O 5~--06 -~/ X Effective Date ~
Agent (name) --~~~
1
....=.,.""---==---l,,o--=------(Teleph one ) ._? .L/ / -¢ 1/ ,Y y'
LICENSE APPLICATION-PuriLIC PROPERTY USE Page 3
APPLICATION DEADLINE
There will be no fee charged for this application or for the initial
license if a complete application is received before September 1, 1983.
The undersigned hereby applies for this License under the terms and con-
ditions of Ordinance No. 246, Section 34.365. The above information
has been completed to th e best of my ability. I understand that in
granting a license the City Council may establish reasonable conditions
which I agree to abide by during the term of the License. I further
understand and agree that the final License if granted will be in
resolution form requiring my agreement and signature , and which will
include the following provisions:
l. A license issued under this section shall not grant or vest any property
rights to use of the puGlic property or in any improvements made thereto.
2. A license issued under this section shall be valid for one year,
shall be subject to change, alteration or revocation for cause by the
City Council at any time, and shall be automatically renewed unless
written notice is provided to the licensee at least 30 days prior
to expiration.
3 . The licensee shall agree to hold harmless and indemnify the City,
the City Council, its agents and employes from any and all claims
or causes of action arising out of the license issuance or the alteration,
use or improvement of public property by the licensee, 1,i s invitees
or any other person.
Owners Signature --------------------Date ____________ _
Applicant's Signature ----------------Date ____________ _
MINNETONKA
1
TONKA
(
BEACH
~ IIUNTINGTO N
POINT
DEERING ISLAND
INSERT
MAHPIYATA
I SLAflD
'I>,. ....
6
OFFICIAL RECORD LOT MAP
ORDIN ANCE NO. 246 -DECEMBER 30, 1982
RS SEASONAL RECREA TIONAL ZONING DISTRICT
NOT TO SCALE
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I~ \?/J:.t\rz ___ -·-✓,:,':'..'.\ /.,if:.,,t;_.:.,.,;,,-_ .. , ,..A;.-L~:f?v.r .. ::~?~\::':'·::~:<_\/~: ~
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CKOWN P01NT
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COMFOR'i'
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3<1.3GS. RS: License for Priv.::ite Inprovements within Public Rights
~!. \v a y . NO p e r s O n-shal l a 1 t e r , 1 mp r O 1/ •2 0 r u s e t O r p r 1 V a t. e p u r p O s e s a n y
platted public right of way, any platted public park, or ahy other
property O\vned by the City •.;ithout first obtaining a license from the
City Counr.il as follows:
a) Inland Property Access. Persons oesiring access to
property located inland and n.:,t abuttin ,3 t.he shoreline may apply for a
1 ice n s e to pr i v rJ t e l y use c:.l n d / o r i 1;1 pr c v e µ 1 c1 t t e d pub l i c r i g h t -o f -w a y
for such purpos~. The license applicu;-,t shall oe:nonstrate and the
City Council s!-ial l fi:,j t:hat t:,er2 i.s no reasonable c1lternative access
c.1vailable, anri that the proposed improvements and/or type of use h'ould
not unreason2bly Jff e ct other pro·perties abutting the right of way.
The City Council may appro-_1 2 , deny or ?lace restrictions on any such
l i c 2 :1 s e b a s e d :J po n pub l i c he c1 l th , s a Ee t y a n d we 1 fa r e co n s i d e r a t i o n s ,
i n c 1 u cl i n g w i t il o u t 1 i :n i t. t1 t i o n t h e c o n f i g u r a t i o n o f a d j o i n i n g R e c o r d
Lots, the location, width, topography, drainage and ve -Jetation on the
r i g h t -o f -1v a y a n :'l t :1 e n um b e r o f e x i s t i n g o r f u t u r e p r o p e r t y own e r s who
may require access at the same location . Any land alterations or
improvements approved shall :)e the minimu.:1 ar.wunt necesssary to
provide reasonable inland access.
b) Lanc1 'Alte:-ations. Grading or physicial alteration of
a n.y p 1 a t. t e d ? u b li ::: r i g h t o E w:: y fo r a n y p u r po s ~ i n c 1 u d i n g i n 1 a n d
property access is :::>rohi?)ited e :<cept -.-,hen such v1ork has been
·specifically auth:::irized as part of a license issued by the City
Council. Th·~ license applicant shall provide a detailed land survey
o f t he r i g h t -o f -·,/ a y a n c1 a i) p r :) p r i a t e e n g i n e e r i n g d r a w i n g s s u f f i c i e n t
to identify the fun extent of all proposed \Jork. License approval
shall be subject to obtai.;-linq a grading permit Er.om City staff, and all
other perraits as may be required by other agencies having
j u r i s d i c t i o n . P u '::) 1.. i c r i g h t s -o f -\•: a '/ s o i m p r J v e d s h a l l b e r.i a i n t a i n e d
by the licensee.
c) DocktJg_e 0n Right of Way. Installing, maintaining,
keeping or using a privc'lte dQc!< onany platted public right of way f0r
any purpose including inland property access i.s prohihited except when
such dock has been specifically authorized as part of a license issued
by the City Co-.1ncil . tlot more than one (1) seasonal dock will be
approved for access to any one property. In review and approval or
denial of such license , the City Council shall consider the width and
topography of the ri(3ht-of-way, the nu;nber of property owners
re q u 12 st in g do d: age c1 t th a t 1 o ca t i on , the p 1 an o f the proposed dock , and
conformance with City and Lake Minnetonkci Con5;er,;ation District dock
regulations . The City Council may r.2stablish reasonable standards or
requirements i~ approvi~g any such dock license.
d) Encroachments Prohibited . No private property,
buildings, structures, fences, boats, vehicles, dock parts, junk or
debris sh~ll be built, stored, parked or kept at any time within any
p 1 a t t e d pub 1 i c r i g h t o f w a y , \v i th i n a n y p 1 a t t e d p u b 1 i c pa r k , o r o n a n y
other property owned by t~e Citye:1.ceptasspecificallyautho r ized bya
license issued und0r this se2tion.
e) License Exceptions. · No license shc1ll be required for
any person to .,_;;;;Tfon-or over .:1ny plc1tted public right of way or any
plattec'l public park v1hen such use is made \-Jithout a_ltering th'e natural
state of the land. No license sh.=ill be required for any person whose
property abutts a platted public right of way o ·r a plcJttecl public park
t Q c o n t r o 1 \-J e e d s o r b r u sh , s e e d , so <i , ;,1 ow o r o t h e r \•1 i s e ma i n t .:J i n s a f :3
r i CJ h t o f v, ."l y o r pa r k i n ,1 n e .-:i t a n d p r e s c ;-i t a b l e ma ;-i n e r . Pe r so n s \-J h o s e
Record Lot established by Section 3~.3GG consists of tax parcels
divided by platted, unopened public right of \·1ay may incorporate a:-id
u s e s u c h r i g h t o f "' a y a s pa r t o E t h c i r y r:J r c1 ,v i t h o u t a l i c e n s e , p r o ·.,-i d e d
no perm an en t st r u c tu res a re e rec t e d or r.1 a in ta i n e d \·/ i th i n t }1 e r i g h t o f
\v a y .
f) Public Us2 Limited. Any license issued
s e c t i o n sh a 1 l be d e ;~ r:1 e j-fo o p e n t h e r l a t t e d p u b 1 i c r i g h t o f
the e>-:tent necessary as established in the license, ancl for
use oE the licens2e and his invitees.
unc'ler this
\-J cJ y o n 1 y to
the Jimited
g) License Limitations . A license issued under this
section shall not •Jrant or vest any property rights to use of the ~ublic
right of w3y or other public property, or in any improve~ents made
thereto. Licenses issued under this section shall be valid for one
year, shall be su!)ject to change, alteration or revocation for cause by
the City Council at any time, c1nd shall be automatically rene·.-1able ·on
the anniversary of the date of issuance except upon written notice from
the City to the licensee at least 10 days prior to the anniversary d,1te.
h) Hold llarmless .. ',:,,,s a condition of issuance of any
1 i c e n s e , t h e c1 p p l i c a n t s h a l l i n w r i t i n g r e l e a s e , i n :::l e m n i f y a n d h o 1 d -
har::il.ess the Ci.ty from any and all claims or causes of action arising
o u t o f the use o r a l t e r 2 t i o n o f the pl a t t e d r i g h t o f \v a y by a pp 1 i c a n t o r
his invitees.
i) License Hearing and Notice. The Pla:-ining Commission
or City Councils-hall holda public hearing or hearings on each
application for a license. Notice of the public hearing shall be
given not less than HJ days or more than :rn days prior to the date of the
hearing by p~blication in the legal newspaper for the City. Such
no t ice sh a 11 con ta in th 2 des c r i pt ion o f. the 1 and and the proposed use .
At least 10 days before the hearing, the City Clerk shall mail an
identical notice to the applicai"lt and to each of the property O1.,,ners
within 350 feet of the outside boundaries of the land in question.
Failure of the property 0 111ners to recei,;e notice shall not invalidate
the proceedings. At the public hearing, the Planning Commission or
City Council shall review the application and the staterne:-its and
d r a 1-1 i n g s s u b m i t t e cl the re w i th a n d sh a 1 1 r e c e i v e p e r t i n e n t e v i d e n c e
concerning the proposed use and the proposed conditions under which it
would be operated or maintained.