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HomeMy WebLinkAbout11/13/96 Deck Letter I r ,-.6~ 7/1/ November 13, 1996 Leroy Helmbrecht 5750 Fullbright Circle Prior Lake, MN 55372 RE: Deck Expansion at 5750 Fulbright Circle Dear Mr. Helmbrecht: On November 4, you attended the City Council meeting to question the need for a survey for the expansion of your deck. As a result of your comments, the City Council asked that the Staff review City policy and correspond with you. Attached for your information is a copy of a November 7, 1996 memorandum from Jenni Tovar in our Planning Department. Attached to Jenni's letter is a copy of Resolution 95-64, which requires the submittal of the Certificate of Survey with the application of a building permit within Prior Lake in certain circumstances. The survey is required if either of two criteria are met: 1. If the property is within the Shoreland District or, 2. If the deck is to be in any way, shape, or form expanded. Jenni's research shows that based upon our zoning map, your property is not within the Shoreland District as we originally understood it to be. Therefore, this criteria would not require you to provide a Certificate of Survey. At the meeting, you indicated that it was your intent to expand the size of your original deck. If the deck is expanded or modified so that it is other than the original size, type, and structure, a Certificate of Survey is required. The purpose of the Certificate of Survey is to make sure that all setbacks are being complied with, that there are no easements running underneath the proposed structure. In short, if you decide to construct the exact deck that you presently have, you would not have to provide a certificate of survey, although the Building Department will ask for a scale drawing and supporting materials to show specifically what you intend to construct. Paul Baumgartner could provide you additional information in this regard. On the other hand, if an expansion or change in the deck of any sort is 16200 EagiE}0~~ve;;'Jg.~~\f~fit:il"lIDOO!, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER , necessary, the Certificate of Survey will be required, together with your building permit materials. If you would like additional information, please let me know. 1 cc: Mayor & City Council, Jenni Tovar, Paul Baumgartner H:\CMANAGER\LETIERS\HELM.DOC .oj Memoran um . . Date: November 7, 1996 To: Frank Boyles From: Jenni Tovar .J~ Subject: Leroy Helmbrecht 5750 Fulbright Circle, Deck Request Attached is a copy of the City Council policy resolution requiring a survey for all application for a building permit. The resolution allows for an exception to be made if the property is not in the Shoreland District and a deck is being replaced identical in location, size, and type. The Shoreland District is determined to be 1,000 feet from the ordinary high water mark (904 EL for Prior Lake). Attached is a definition of shore land. The City adopted the district boundaries as a part of the Zoning Ordinance and as displayed on the Zoning Map. Further research into this specific issue has resulted in the following: 1. The Property Management database indicates the property is zoned Rl SD (shoreland district). 2. The Zoning Map indicates that the property is not in the Shoreland District. Because, the Shoreland District boundaries were adopted by the city we must rely on the map to be the indicator of zoning for properties. There have been errors in the past on Property Management regarding to zoning and other property data. There must have been an error in the data entry of the property in question. We have since made the correction to Property Management. However, it is my understanding that Mr. Helmbrecht was proposing to replace and expand the original deck. If this is still his intention, then a survey would be necessary. Ifhe is just going to replace the existing deck to the same size, type and structure, then a survey will not be required. " RESOL UTION 95-64 A RESOLUTION REQUIRING THE SUBJ.\IITIT.-\L OF A CERTIFICATE OF SURVEY UPON THE APPLICATION OF A BUILDING PE&."fiT WITHIN THE CITY LIl\tIITS OF PRIOR LAKE MOTION BY: Greenfield - SECONDED BY: _Sgm WHEREAS, the City of Prior Lake has ordinances dealing with and pertaining to the size and placement of a home on a lot; and. WHEREAS, in order to enforce such ordinances it is imperative to demonstrate to the City of Prior Lake the dimensions of a lot and access thereto; and WHEREAS, it is also necessary to demonstrate by the applicant of a building permit. the placement of improvements on a lot; and. WHEREAS, Resolution 78-1 established city policy In this regard and now requires refinement. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council that the City Council of Prior Lake hereby requires a certificate of survey with all improvements shO'N"Il thereon. as part of the application for a building pennit in the city of Prior Lake except as set forth below: In the case of a replacement deck only for property lying outside of the Shoreland Management or Flood Plain districts, the property owner may in lieu of the certificate of survey provide clear field identification of the lot pins and a to scale drawing accurately portraying all current construction on the property to scale showing all dimensions from the structures to the side. rear and front lot lines, provided that: 1. The replacement deck must be the exact width, depth and height of the existing structure. 2. The property must be located outside of the floodplain or shore land. 1~2bOO~gle Creek Ave.. Prior Lake. Minnesota 553i2-1714 / Ph. (612) 447-4230 / Fax (61214474245 .~ EQt:AL OP?CRT"I..":'t1'iY ~PloYE.~ , 3. The plat plan must be accurate and specific to the satisfaction of City staff. 4. That the city has the right to request a certificate of survey be provided if in the city staff's sole discretion it is considered desirable tmder the circumstances.. 5. That any subsequent addition to the replacement deck in width.. depth. steps. roof or amenities will require that a certificate of survey be completed and submitted with that permit. Passed and adopted this _11th.. day of July, 1995. YES NO Andren _X_ Andren Greenfield _X_ Greenfield Kedrowski _X_ Kedrowski Schenck _X_ Schenck Scott _X_ Scott Frank Boyles City Manager City of Prior L e (Seal) 16~et6f:R~fe Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAl.. OPPOR"ruNlTY EMPLOYS " 5-1- 7 SHORELAND: SHORE IMPACT ZONE: SHORELAND SUBSTANDARD LOT OF RECORD: SIGN: SIGNIFICANT HISTORIC SITE: 5-1-7 conducting sewage or industrial waste or other wastes to a point of ultimate disposal. Land located within the following distances from protected waters: (A) One thousand feet (1,000') from the ordinary high-water mark of a lake, pond, or flowage; and (B) Three hundred feet (300') from a river or stream, or the landward extent of a floodplain on such rivers or streams, whichever is greater. The practical limits of shorelands may be less than the statutory limits where such limits are designated by natural drainage divides at lesser distances, as shown on the Official Zoning Map of the City. Land located between the ordinary high-water level of a public water and a line parallel to it at a setback of fifty percent (50%) of the setback structure. A lot of record in the Office of" the Scott County Recorder prior to May 4, 1987, which does not meet the requirements of Section 5-8-3 of this Title. Any name identification, display, illustration, structure or device which is publicly displayed and which is used to direct attention to a product, person, business, institution or place. Any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of' Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is 896 Ci.ty of Prior Lake