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HomeMy WebLinkAbout9B - Survey Requirements Decks MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT CONSIDER APPROVAL OF REQUIREMENTS FOR DECKS. Historv In 1995 and again in 1997 the City Council has wrestled with the issue of requiring surveys for the completion of decks or additions in various City districts. Each time the Council has reviewed the issue, the requirements have been liberalized. Current Circumstances It is once again the time of year when the staff is deluged with requests for new and replacement deck permits. And each year the permits are taken out by homeowner who are discouraged with the fact that the City requires a survey (new or old) to receive a permit. The requirement adds considerable time and cost to the deck project. A recent example illustrates the City's dilemma. Mr. Paul Schuenemann wishes to build a 9 x 12 deck at the center of his home. He never received a survey for his home, so his only option under the City's current ordinance (attached) is to pay to have a survey completed adding $500 to $900 to his deck project. In reviewing Mr. Schuenemann's sketch, assuming accuracy of +/- 5 feet the deck is not in a setback. But the sketch does not address the existence of any easements over the property. Only a surveyor abstract documents would reveal this. Issues The staff is in a quandry. We would like to issue deck permits promptly. We want people to secure permits before building and not work without a permit because of the expense of a survey. On the other hand, a sketch is just that and the City could find itself approving a deck that must later be demolished because it lies over an easement. 1620~~~$SJ:S,UItMI>~<Miir~ew372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER T r , ALTERNATIVES: RECOMMENDED MOTION: Or a variance could later become necessary because the City failed to confirm the accuracy of the sketch. Conclusion The Council should once again visit this question to determine if a survey (new or old) is required in all instances or if in certain circumstances a sketch can be used in lieu of a survey. The Council's decision should be based upon consideration of the following: How quickly should the staffbe able to issue deck permits? What is the worst case scenario if a deck is improperly located? Can the City shift the responsibility for sketch in accuracy to the property owner if a problem occurs later? Does the requirement of a survey motivates homeowners to do the work without the benefit of a survey to save money? 1. Advise the staff that the ordinance is satisfactory as is. 2. Direct the staff to prepare amendments to the ordinance to allow for sketch plans under certain conditions. The Council should provide the staff with direction on its preferred alternative. If an ordinance revision is desired, direction should be provided regarding the type of revision the Council would like to see. I:\COUNCIL \AGNRPTS\SUR VDK.DOCKirsten Oden '1 CITY OF PRIOR LAKE ORDINAi'fCE NO. 97-15 AN ORDINA1'fCE ADDING SECTlqN 4-1-7 TO THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain: Chapter 4 of the Prior Lake City Code is hereby amended to add Section 4-1-7 reading as follows: - 4-1-7 REQUIRE\;fENTS FOR CERTIFICATES OF StJRVEYS AS PART OF THE BUILDING PER.\1IT APPLICA nONS (A) A certified lot survey with all improvements sho\vn thereon, and prepared by a registered land surveyor, is required as part of the building permit application for all new construction unless exempted by the provisions listed in this section. (B) In the case of a replacement deck only, the property owner may, in lieu of the certificate of survey, provide clear field identification of the lot pins, and a to-scale draw'ing of the lot accurately portraying all current construction on the property and 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 location and size of the existing deck must be verified by City staff. 3. The site plan must be accurate and specific to the satisfaction of City staff. 4. The new' deck must comply with all current Building Code requirements. 5. The City may request a new certificate of survey be provided if, in the City's discretion, it is considered desirable under the following circumstances: a) The existing survey shows proposed structures rather than existing structures. b) The existing survey does not show all the structures on the property. c) The topography or other physical characteristics of the site are such that the City cannot reasonably verify the location of the existing and/or proposed structures, even though the property pins have been located. r:\counci1\ordinanc\ord9715 .doc ~gt; 1 16200 Eagle Creek Ave. S,E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61;:::) 4-47-4245 A~ EQL'AL OPPORTL':\ITY E~tPLOYER r . d) e) The existing survey does not identify the existing easements on the site. lJ,1J. A new certificate of survey is necessary to determine elevations on the site for the purpose of identifying drainage patterns, wetlands, bluffs, flood elevations, and/or ordinary high water elevations The City has reason to believe the conditions on the property may have changed since the date of the original survey. The City believes the proposed project may create aesthetic issues which require additio,I,lal information. The City believes the proposed project may impact adjacent property values in such a manner that additional information is required. 1) g) h) 6. ,Any subsequent addition to the replacement deck in width. depth, steps, roof or amenities may require that a certificate of survey be completed and submitted with that permit, unless exempted by the provisions listed in this section. (C) A new certificate of survey will not be required for additions to existing structures or new accessory structures on lots outside of the Shoreland and/or Flood Plain district, subject to the following provisions: 1. The existing survey must be signed by a registered land surveyor, and must depict the actual location of the existing structures on the lot. 2. The City will require that property pins be located on the site so staff can verify the structure setbacks. 3. The addition and/or new structures must be drawn on the survey to scale. 4. The proposed addition or structure does not exceed 480 square feet. 5. The applicant must sign an agreement holding the City harmless from any damages incurred if the building is placed inaccurately on the site. 6. The City may request a new certificate of survey be provided if, in the City's discretion, it is considered desirable under the following circumstances: a) The existing survey shows proposed structures rather than existing structures. b) The existing survey does not show all the structures on the property. c) The topography or other physical characteristics of the site are such that the City cannot reasonably verify the location of the existing and/or proposed structures, even though the property pins have been located. d) The existing survey does not identify the existing easements on the site. r:\counci1\ordinanc\ord9715,doc Page 2 A new certificate of survey is necessary to determine elevations on the site for the purpose ofilllt:ntifying drainage patterns, wetlands, bluffs, flood elevations, and/or ordinary high water elevations The City has reason to believe the conditions on the property may have changed since the date of the original survey. The City believes the proposed project may create aesthetic issues which require additional information. The City believes the .proposed project may impact adjacent property values in such a manner that additional information is required. (D) A new certificate of survey will not be required for new decks within the Shore land and/or Flood Plain Districts, subject to the following provisions: e) t) g) h) 1. The existing survey must be signed by a registered land surveyor, and must depict the actual location of the existing structures on the lot. 2. The City will require that property pins be located on the site so staff can verify the structure setbacks. 3. The addition and/or new structures must be drawn on the survey to scale. 4. The applicant must sign an agreement holding the City harmless from any damages incurred if the building is placed inaccurately on the site. S. The City may request a new certificate of survey be provided if. in the City's discretion, it is considered desirable under the following circumstances: a) The existing survey shows proposed structures rather than existing structures. b) The existing survey does not show all the structures on the property. c) The topography or other physical characteristics of the site are such that the City cannot reasonably verify the location of the existing and/or proposed structures, even though the property pins have been located. d) The existing survey does not identify the existing easements on the site. e) A new certificate of survey is necessary to determine elevations on the site for the purpose of identifying drainage patterns. wetlands, bluffs, flood elevations, and/or ordinary high water elevations t) The City has reason to believe the conditions on the property may have changed since the date of the original survey. g) The City believes the proposed project may create aesthetic issues which require additional information. r:\council\ordinanc\ord971 S.doc Page 3 r I .. I h) The City believes the prl?posed project may impact adjacent property values in such a manne? that additional information is required. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 4th day of August, 1997. (' . /~ v , ~~///4---., '- ~AL..-L- ~r PublisheQ. in. the Prior Lake American on the 9th day of August, 1997. Drafted By: City of Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 r:\council\ordinanc\ord9715.doc P:lge4