HomeMy WebLinkAboutLA21-000017 (480 Big Island) Ex C Sec 78-567LA21-000017
Exhibit D
Created: 2021-02-27 04:26:46 [EST]
(Supp. No. 19, Update 1)
Page 1 of 2
Sec. 78-567. Permit for private improvements within public rights-of-way.
It is unlawful for any person to alter, improve or use for private purposes in any RS district any platted public
right-of-way, any platted public park, or any other property owned by the city without first obtaining a permit from
the council, as follows:
(1) Inland property access. Persons desiring access to property located inland and not abutting the
shoreline may apply for a permit to privately use and/or improve platted public right-of-way for such
purpose. The permit applicant shall demonstrate and the council shall find that there is no reasonable
alternative access available, and that the proposed improvements and/or type of use would not
unreasonably affect other properties abutting the right-of-way. The council may approve, deny or place
restrictions on any such permit based upon public health, safety and welfare considerations, including
without limitation the configuration of adjoining record lots, the location, width, topography, drainage
and vegetation on the right-of-way and the number of existing or future property owners who may
require access at the same location. Any land alterations or improvements approved shall be the
minimum amount necessary to provide reasonable inland access.
(2) Land alterations. Grading or physical alteration of any platted public right-of-way for any purpose,
including inland property access, is prohibited except when such work has been specifically authorized
as part of a permit issued by the council. The permit applicant shall provide a detailed land survey of
the right-of-way and appropriate engineering drawings sufficient to identify the full extent of all
proposed work. Permit approval shall be subject to obtaining a grading permit from city staff; and land
alterations involving filling and grading shall be performed with only clean fill, and all other permits as
may be required by other agencies having jurisdiction. Public rights-of-way so improved shall be
maintained by the licensee.
(3) Dockage on right-of-way. Installing, maintaining, keeping or using a private dock on any platted public
right-of-way for any purpose, including inland property access, is prohibited except 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.
(4) Encroachments prohibited. No private property, buildings, structures, fences, boats, vehicles, dock
parts, junk or debris shall be built, stored, parked or kept at any time within any platted public right-of-
way, within any platted public park, or on any other property owned by the city except as specifically
authorized by a permit issued under this section.
(5) Permit exceptions. No permit shall be 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 the right-of-way
or park in a neat and presentable manner. Persons whose record lot established by section 78-568
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.
LA21-000017
Exhibit D
Created: 2021-02-27 04:26:46 [EST]
(Supp. No. 19, Update 1)
Page 2 of 2
(6) Public use limited. Any permit issued under this section shall be deemed to open the platted public
right-of-way only to the extent necessary as established in the permit, and for the limited use of the
permittee and his invitees.
(7) Permit limitations. A permit issued under this section shall not grant or vest any property rights to use
of the public right-of-way or other public property, or in any improvements. Permits issued under this
section shall be 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 30 days prior to the anniversary
date.
(8) Hold harmless. As a condition of issuance of any permit, the applicant shall in writing release,
indemnify and hold harmless the city 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 his invitees.
(9) Permit hearing and notice. The planning commission or the council shall hold a public hearing or
hearings on each application for a permit as required by section 78-48.
(Code 1984, § 10.31(5); Ord. No. 210 3rd series, § 12, 6-25-2018)