HomeMy WebLinkAbout4A Driveway - Ordinance Amendment Sections 104 1107 PL City Code 07 08 2019 PC Report
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: JULY 8, 2019
AGENDA #: 4A
PREPARED BY: AMANDA SCHWABE, PLANNER
PRESENTED BY: AMANDA SCHWABE
AGENDA ITEM:
CONSIDER A RECOMMENDATION TO THE CITY COUNCIL TO AMEND
SECTIONS 104 AND 1107 OF THE CITY CODE RELATING TO AFTER THE
FACT FEES AND DRIVEWAY PERMITS
GOAL AREA AND
OBJECTIVE:
Public Safety
5. Address threats to community standards through code enforcement.
DISCUSSION: Introduction
The purpose of this agenda item is to request the Planning Commission
recommend the City Council adopt of an ordinance amending Sections 104 and
1107 of the City Code relating to after the fact fees and driveway permits.
Current Circumstances
It has recently come to City staff’s attention that the City driveway permit
requirement is not as clear as it could be. Currently, a driveway permit is required
for “replacement, alteration or addition to an existing driveway that exceeds the
length and width approved as part of the original building permit”. However, it is
not clear if the language “that exceeds the length and width approved as part of
the original building permit” applies to all three items or just to addition. The
proposed ordinance clarifies that the “exceeds” language applies only to addition.
All driveway replacements and alterations require a permit regardless of size. The
proposed ordinance also clarifies that the established fee shall be set forth in the
City Fee Schedule.
In addition, the proposed ordinance adds language to the general penalty section
of the City Code which states that any person who fails to obtain a required
permit/license/approval must obtain one after the fact, comply with all
requirements and pay double the stated fee. This requirement already exists in the
City Fee Schedule, but the Code Enforcement Officer requested the language be
included in the penalty section to streamline enforcement.
FINANCIAL
IMPACT:
None.
ALTERNATIVES: 1. Motion and second to recommend the city council approve the amendments to
Sections 104 and 1107 of the Prior Lake city code, as proposed or as may be
further amended by the planning commission.
2. Motion and a second to recommend the city council deny the proposed
amendments to Sections 104 and 1107 of the Prior Lake city code.
3. Motion and a second to table discussion of the item to a future meeting date
and provide staff with direction.
RECOMMENDED
MOTION:
Alternative #1
ATTACHMENTS 1. Ordinance
4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. 119-____
AN ORDINANCE AMENDING SECTIONS 104 AND 1107 OF THE PRIOR LAKE CITY
CODE RELATED TO AFTER THE FACT FEES AND DRIVEWAY PERMITS AND
ADOPTING BY REFERENCE CITY CODE SECTION 104; WHICH, AMONG OTHER
THINGS, CONTAINS PENALTY PROVISIONS.
The City Council of the City of Prior Lake, Minnesota, does hereby ordain that:
Section 1. City Code Subsection 104.200 is amended by inserting a new provision (6) to
read as follows:
(6) In addition to any penalties provided for in this Section, if any person fails to obtain a
required permit, license, approval, registration or similar authorization which is
required by the City Code prior to the commencement of the related work, said person
shall obtain an after the fact authorization, comply with all requirements for said
authorization, and pay double the stated fee for said authorization.
Section 2. City Code Section 1107 is amended by deleting Subsection 1107.206 in its
entirety and replacing it with the following:
1107.206 Driveway Alterations and Additions: A driveway permit approved by the
City Engineer is required for each of the following: (i) replacement of a
driveway; (ii) alteration of a driveway; or (iii) addition to an existing driveway
if the addition exceeds the length and width approved as part of the original
building permit. This permit is subject to a fee established annually by
resolution of the City Council and set forth in the City Fee Schedule.
Section 3. City Code Section 104 entitled “General Penalty” is adopted in its entirety, by
reference, as though repeated verbatim herein.
This ordinance shall become effective upon its passage and publication.
Passed by the City Council of the City of Prior Lake this ______ day of ___________, 2019.
ATTEST:
_________________________ __________________________
Michael Plante, City Manager Kirt Briggs, Mayor
Published in the Prior Lake American on the _____ day of ___________, 2019.