HomeMy WebLinkAboutLA21-000017 (480 Big Island) Ex G PCSRDate Application Received: 02/08/2021
Date Application Considered as Complete: 02/16/2021
60-Day Review Period Expires: 04/17/2021
To: Chair Ressler and Planning Commission Members
Ron Olson, Interim City Administrator
From: Melanie Curtis, Planner mcc
Date: 15 March 2021
Subject: #LA21-000017, Joseph & Sara Thull, 480 Big Island,
Permit for Dock on City ROW (Bay Place)
Public Hearing
Background
The applicants own 480 Big Island, a non-lakeshore property on the eastern portion of Big Island.
They purchased the property in 2010. The applicants’ property is sandwiched between the
platted, undeveloped 33-foot wide right-of-way named Anawan Avenue and Lawn Avenue which,
via Bay Street, connects to the Bay Place right-of-way (see Exhibit G). Bay Place connects to the
lake on the eastern side of the island. There are no developed roads on Big Island.
Recognizing no other options for boat dockage, thus safe access to the property, the applicants
seek a permit to place a seasonal dock on city right of way, pursuant to the Code Section 78-567.
Two dock permits have been issued in the past 20+ years: Resolution 4465 attributed to 220 and
130 Big Island (attached as Exhibit F) granted in 2000; and Resolution 2038 attributed to 230 Big
Island (Exhibit E) granted in 1986.
**New information submitted 03/11/2021**
Please see attached Exhibit L: Staff received an updated request and narrative on Thursday
afternoon from the applicant in which he addresses some of the comments he has received.
Applicable Regulations:
Permit for Private Improvements within Public Rights-of-Way (Section 78-567)
Section 78-567 provides a mechanism for an inland/off-lake property owner to request a permit to
install or construct private improvements on public rights-of-way. A dock would allow access to
the applicants’ property. This provision only exists within the RS District (Big Island and Deering
Island). (Section 78-567 has been abbreviated for analysis below, the entire section is attached as
Exhibit D):
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:
Application Summary: The applicants are requesting a permit to install a dock on City right-
of-way to access their non-lakeshore, interior property on Big Island.
Staff Recommendation: Planning Department recommends approval as detailed on page 4.
FILE # LA21-000017
15 March 2021
Page 2 of 4
That there is no reasonable alternative access available. The applicants’ property does
not abut the lake or a public dock access.
That the proposed improvements and/or type of use would not unreasonably affect
other properties abutting the right-of-way. The right-of-way appears to be
approximately 38 feet wide at the lake and widens to the west. There are two abutting
lakeshore properties: 210 Big Island (owned by Jud and Alyea Champlin) which contains
a seasonal dwelling; and 260 Big Island (owned by David Saari - KW Saari et al) which is
vacant. Both property owners have reached out to staff regarding this request; to date,
of the owners abutting the right-of-way, only the Champlins have provided written
comment (included as Exhibit I).
There is one existing permit for a dock on this same Bay Place right-of-way granted
via Resolution 2038 (hereinafter “Permit 2038”) which is attached as Exhibit E. Permit
2038 is attributed to the property at 230 Big Island. Permit 2038 was issued to Ms. Elsie
Hales in 1986 as her family had historically been using the Bay Place right-of-way for
dock purposes through an informal agreement with the City for approximately 50 years.
Upon Ms. Hales’ decision to sell the property she requested a permit for the existing
dock to assure access for a buyer. Permit 2038 was granted, subject to a number of
conditions, including the following: “should there be any other requests from inland
property owners to use this site for the installation of a dock to their properties, this
permit is automatically revoked.” Permit 2038 appears to have remained in effect since
that time, and has been transferred to the subsequent owners (Fred Bruntjen/Nancy
Farnes). Ms. Farnes has provided comment on this request, included with Exhibit I.
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...”
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… 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…”
FILE # LA21-000017
15 March 2021
Page 3 of 4
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…”
Discussion:
Staff finds the request generally meets the criteria outlined in Section 78-567 for approval. In 2019,
a request for a dock on right-of-way was made on the western portion of Big Island (#LA19-000086).
That property owner, Ms. Fieger, had been utilizing an informal easement over a neighboring,
lakeshore property. The City Council upon review of the details, directed staff to explore a text
amendment to the Subdivision Regulations (Chapter 82) to facilitate the creation of a legal lake
access easement only in the RS District; this was added to the Code in 2020 (included in Exhibit D).
The text amendment resolved the access issue for Ms. Fieger and her permit request was
withdrawn. Knowing this provision was now available to them, the applicants have attempted
unsuccessfully to secure a private easements from neighbors (including Three Rivers Park District)
as detailed in their submittal. They decided, with the boating season fast approaching, to begin the
City permitting process. Their submittal included their reasoning for selecting this site.
As a result of the applicants’ request and based on the resolution language, at this time Permit 2038
should be considered to be revoked; Staff has confirmed that the holder of Permit 2038 continues
to desire dock access. While formally revoked, if the Commission/Council feel a dock is appropriate,
staff suggests that some compromise or coordination occur to maintain access for both parties.
With the exception of the Permit 2038 for 230 Big Island and its automatic revocation condition,
the applicants’ dock request should not unreasonably impact the other properties on this side of
the island. There are two additional interior lots on the east side of the island (490 and 500 Big
Island) without lake access who may, in the future, request a permit for a dock on right-of-way. The
City should anticipate requests from 490 and 500 Big Island at some time. The other remaining
properties on the east side are either lakeshore properties or in common ownership with a
lakeshore property, thus providing the opportunity for a dock. Staff recommends the dock access
question for inland lots be looked at comprehensively.
Public Comments
A public hearing notice was sent out to the property owners within 500-feet of the applicants’
property notifying about the Planning Commission public hearing. In order to ensure transparency
and to solicit additional comments for City Council use, staff has developed a second notice will be
sent on March 31st to the owners within 500 feet of the proposed dock site. A number of public
comments have been received and they are attached as Exhibit I. Most comments oppose the dock.
FILE # LA21-000017
15 March 2021
Page 4 of 4
Issues for Consideration/Discussion
1. The Permit 2038 approved by the City Council permitted a dock in favor of property located
at 230 Big Island in 1986. A condition of approval was any other requests for docking at the
Bay Place site would cause the permit to be automatically revoked. Does the Commission
wish to explore a solution to this unique condition?
2. Does the Commission wish to explore comprehensive solutions for inland lot access?
3. Does the Commission find it necessary to impose conditions in order to mitigate the
impacts created by the granting of the requested permit(s)?
4. Are there any other issues or concerns with this application?
Planning Staff Recommendation
Planning Staff recommends approval of the dock, with the following conditions:
1. The location of the installed dock shall be approved by the LMCD, and shall be approved by
the Public Works Director.
2. The permit issued shall be valid for one year, and 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.
3. The approval should identify which property(ies) has rights to use the dock, and each owner
shall be permitted one boat slip for use by the owner of the property exclusively.
4. The dock shall be removed for the winter season. A winter storage location should be
identified and approved by staff.
5. Dock sections shall not exceed 6-feet in width.
6. No canopy shall be erected.
Staff further recommends that a comprehensive solution to the dock access question be considered.
List of Exhibits
Exhibit A. Application
Exhibit B. Applicant’s Narrative & Maps
Exhibit C. Aerial Photo
Exhibit D. City Code Sections
Exhibit E. Resol 2038
Exhibit F. Resol 4465
Exhibit G. Hennepin County Half-Section Map
Exhibit H. Big Island Record Lot Maps
Exhibit I. Public Comment
Exhibit J. Property Owners List
Exhibit K. Plat Map
Exhibit L. New information from applicant submitted Thursday 3/11 afternoon