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HomeMy WebLinkAbout8D - Building Permits Certificate of Survey STAFF AGENDA REPORT DATE: 8D JANE KANSIER, PLANNING COORDINATOR CONSIDER APPROVAL OF REPORT REVIEWING CERTIFICATE OF SURVEY REQUIREMENTS FOR BUILDING PERMITS JUNE 16,1997 AGENDA #: PREPARED BY: SUBJECT: INTRODUCTION: The staff and the City Council have recently received several questions about the need for a certificate of survey when obtaining a building permit. Support staff have indicated that this is a common complaint received from homeowners who wish to improve their homes. The Council directed the staff to review these requirements to determine if other means could be employed which are equally effective and less expensive. DISCUSSION: The need for surveys was discussed by the Planning and Building Inspections staff. The attached memorandum outlines the background of the survey requirements. The memorandum also outlines some potential changes recommended by the staff. At this time, the staff is requesting direction from the Council on how to proceed. ALTERNATIVES: After reading the report, the Council could: 1. Direct the staff to prepare an ordinance with the provisions outlined in the attached memorandum for consideration by the Council at the July 7,1997, meeting. 2. Defer any action on this item and direct staff to provide additional information. In this case, the Council should list the information they wish to see. 3. Determine that the survey requirements should remain as currently in place. ACTION REQUIRED: Alternative # 1. MOi and r?1 to 3~=ommended alternative Reviewed By'. yles, City Manager RECOMMENDATION: \/ I:\surveycc.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Memorandum TO: Frank Boyles, City Manager Don Rye, Planning Director FROM: Jane Kansier, Planning Coordinator Jay Scherer, Building Inspector DATE: June 11, 1997 RE: Requirements for Certificates of Survey Recently, there have been several questions about the need for surveys for both new and replacement decks. We have been asked to review this issue and make some suggestions about some potential revisions to the current policy. In discussing this issue, we determined some clarification is necessary on the need for surveys in all instances, not just the construction of decks. The following is a summary of our review and our recommendations. BACKGROUND: The need for surveys is implied under Section 106 of the Building Code. Specifically, Section 106.3.3 states "plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and all relevant laws, ordinances, rules and regulations. " In 1978, the Council adopted Resolution #78-1 requiring a "certified lot survey with all improvements shown thereon, as part of the application for a building permit in the City of Prior Lake. " In 1993, the Council adopted the Shoreland District provisions as an amendment to the Zoning Ordinance. Section 5-8-3 (B) of these provisions requires that "impervious surface coverage shall be documented by a certificate of survey at the time of any zoning or building permit application..." In addition, Section 5-6-6 of the Zoning Ordinance requires a certificate of survey with a variance application. Finally, in 1995, the Council adopted Resolution #95-64 which exempted replacement decks only lying outside of the Shore land or Flood Plain districts from the survey requirements. REVIEWIRECOMMENDA TION: A. Allowing Replacement Decks Without Surveys Resolution #95-64 currently allows permits for replacement decks outside of the Shoreland District to be issued without surveys, subject to the following conditions: 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 shoreland. 3) The plat plan must be accurate and specific to the satisfaction of City staff. 4) That the City has a right to request a certificate of survey be provided if in the City staff s sole discretion it is considered desirable under 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. While evaluating whether a certificate of survey should be required for replacement decks in the shoreland or flood plain districts, we need to determine what, if any, are the ramifications of no survey. We suggest the following: . Increase in impervious surface: there is a possibility of increase in impervious surface; however, we can monitor whether or not additional impervious surface will be created through the building permit. If there is additional impervious surface, we would require a new certificate of survey. . Increased impact on the flood plain: there is a possibility the structure could be built below the flood elevation, or additional openings below the flood elevation may be added. Again, we can monitor this through the building permit review process. . No permit for the original deck: this is also a possibility, especially in older areas. However, this same possibility occurs outside of the shore land and flood plain districts. It should be noted that a property owner could conceivably construct a platform deck (a deck less than 30" off the ground and not connected to the house) without obtaining any permits. In our opinion, these decks have the same impact as a replacement deck. In conclusion, there is no need for a new certificate of survey for repla~ement decks in the shoreland or flood plain districts, subject to the five conditions in Resolution #95-64, except #2, and with the following additional conditions: 6) The location and size of the existing deck must be verified by City staff. 7) The new deck must comply with all current Building Code requirements. 2 B. Allowing Construction of Structures or Additions Other Than Replacement Decks on Property Outside of the Shoreland or Flood Plain District Without a New Survey We also looked at situations where we could allow an addition or new structure without a new survey. We concluded it would be acceptable subject to the following criteria: I) The existing survey must be signed by a registered land surveyor, and must depict the location of the 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) Any addition or structure exceeding 480 square feet will require a new survey. 5) The City has a right to request a certificate of survey be provided if in the City staff s sole discretion it is considered desirable under the circumstances. There are a couple of issues which must be discussed if we are to adopt the above policy. First of all, many of the surveys we have on file label the structures as "proposed". If we are to accept these surveys, we make an assumption that the structure was built in the location shown. If we do not wish to accept these surveys, we should purge our files so we no longer distribute these to the public. The second issue is the limitation on the size of new structures or additions. We have suggested 480 square feet because it is the size of a small two car garage. This limitation can be set higher or lower. C. Allowing Construction of New Decks Within the Shoreland or Flood Plain District Without a New Survey New decks within the shoreland or flood plain areas may also be allowed without a new certificate of survey with the following conditions: 1) The existing survey must be signed by a registered land surveyor, and must depict the location of the 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 City has a right to request a certificate of survey be provided if in the City staff s sole discretion it is considered desirable under the circumstances. 3 D. Allowing Construction of Structures, Additions or Covered Decks on Property Within the Shoreland or Flood Plain District Without a New Survey In no instance should an addition, covered deck or new freestanding structure be allowed in the Shoreland or Flood Plain district without a new survey. The purpose of the survey is to obtain accurate impervious surface calculations and to be sure the structure complies with flood plain elevations and requirements. E. Variance Applications The Zoning Ordinance also requires a new certificate of survey for a variance application. This provision should continue. CONCLUSION: If the current City policy is changed to reflect the above recommendations, we would also recommend that this policy be adopted as an amendment to the City Code rather than as a resolution. If this is an ordinance, it is more official, and less subject to interpretation than an amendment. 4 106-106.3.1 1994 UNIFORM BUILDING CODE SECTION 106 - PERMITS 106.1 Permits Required. Except as specified in Section 106.2 of this section. no building or structure regulated by this code shall be erected. constructed. enlarged. altered. repaired. mo~ed. improved. removed. converted or demolished unless a separate permit for each building or struc- ture has first been obtained from the building official. 106.1 Work Exempt from Permit. A building permit shall not be required for the following: 1. One..story detached accessory buildings used as tool and storage sheds. playhouses and simi- lar uses. provided the projected roof area does not exceed 120 square feet (11.15 m2). 2 Fences not over 6 feet (1829 mm) high. 3. Oil derricks. 4. Movable cases. counters and partitions not over 5 feet 9 inches (1753 mm) high. 5. Retaining walls which are not over 4 feet ( 1219 mm) in height measured from the bottom of the footing to the top of the wall. unless supporting a surcharge or impounding Class L II or III-A liquids. 6. Water tanks supported directly upon gr.lde if the capacity does not exceed 5.000 gallons (18 927 L) and the r.ltio of height to diameter or width does not exceed::; to 1. 7. Platforms. walks and driveways not more than 30 inches (762 mm) above grade and not over any basement or story below. 8. Painting. papering and similar finish work. 9. Temporary motion picture. television and theater stage sets and scenery. 10. Window awnings supported by an exterior wall of Group R. Division 3. and Group:\11 Occu- pancies when projecting not more than 54 inches (1372 mm). 11. Prefabricated swimming pools accessory to a Group R. Division 3 Occupancy in which the pool walls are entirely above the adjacent gr.lde and if the capacity does not exceed 5.000 gallons (18927 L). Unless otherwise exempted. separate plumbing. electrical and mechanical permits will be re- quired for the above-exempted items. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. 106.3 Application for Permit. 106.3.1 Application. To obtain a permit. the applicant shall first file an application therefor in writing on a form furnished by the code enforcement agency for that purpose. Every such applica- tion shall: I. Identify and describe the work to be covered by the permit for which application is made. 1. Describe the land on which the proposed work is to be done by legal description. street address or similar description that will readily identify and detinitely locate the proposed building or work. 3. Indicate the use or occupancy for which the proposed work is intended. 4. Be accompanied by plans. diagrams. computations and specifications and other data as re- quired in Section 106.3.2. 5. State the valuation of any new building or SUlJc:ure or any addition. remodeling or alteration to an existing building. 6. Be signed by the applicant. or the applicant's authorized agent. 1-4 1395.0106 SECTION 106, PERMITS. Subpart I. Section 106.2 Work Exempt from Permit. Section 106.2 of the UBC is amended by the addition of item 12 to read as follows: 12. Agricultural buildings as defined in Minnesota Statutes, section 16B.60, subdivision 5. Subp. 2. Section 106..3.2 Submittal documents. Section 106.3.2 of the UBC, the first paragraph, is amended to read as follows: 106..3.2 Submittal documents. Plans, specifications, engineering calculations, diagrams, soil investi- gation reportS. special inspection and structural observation programs, and other data shall constitute the submittal documentS and shall be submitted in one or more setS with each application for a permit. The building official may require that the plans or other data be prepared in accordance with the rules of the Board of Architecture. Engineering. Land Surveying, Landscape Architecture, and Interior Design, Minnesota Rules. chapter 1800. and Minnesota Statutes, sections 326.02 to 326.15, and other state laws relating to plan and specification preparation by occupational licenses. 1994 U.8.C. Minnesota State Amendments 1-4 l': ~' 1994 UNIFORM BUILDING CODE 106.3.1-106.3.5 -7. Give such other data and information as may be required by the building official. 106.3.1 Submittal documents. Plans. specifications. engineering calculations. diagrams. soil in- vestigation reports. special inspection and structural observation programs and other data shall con- stitute the submittal documents and shall be submitted in one or more sets with each application for a permit. When such plans are not prepared by an architect or engineer, the building official may require the applicant submitting such plans or other data to demonstrate that state law does not ~- quire that the plans be prepared by a licensed architect or engineer. The building official may re- quire plans, computations and specific:l.tions to be prepared and designed by :10 engine~r or architect licensed by the state to practice as such eyen if not required by state law. EXCEPTION: The building official may waive the submission or plans. c:llculations. ~onstruction insoec- tion requirements md other dma if it is found that the nature or the work applied for is such thm reviewin"g or plms is nO[ necessary to obtain compliance with this code. 106.3.3 Information on plans and specifications. Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the location. nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and all relevant laws. ordinances. rules and regulations. Plans for buildings more than two stories in height of other than Group R, Division 3 and Group U Occupancies shall indicate how required strucrural and tire-resistive integrity will be maintained where penetrations will be made for electrical. mechanical. plumbing and communication conduits. pipes and similar systems. 106.3.4 Architect or engineer of record. 106.304.1 General. 'Nl1en it is required that documents be prepared by an architect or engineer, the building official may require the owner to engage and designate on the building permit applica- tion an architect or engineer who shall act as the architect or engineer of record. If the circumstances require, the owner m;y designate a substitute architect or engineer of record who shall perform all of the duties required of the original architect or engineer of record. The building official shall be notified in writing by the owner if the architect or engineer of record is changed or is unable to con- tinue to perform the duties. The architect or engineer of record shall be responsible for reviewing and coordinating all sub- mittal documents prepared by others, induding deferred submittal items. for compatibility with the design of the building. 106.304.1 Deferred submittals. For the purposes of this section. deferred submittals are defined as those portions of the design which are not submitted at the time of the application and which are to be submitted to the building official within a specified period. Deferral of any submittal items shall have prior approval of the building official. The architect or engineer of record shall list the deferred submittals on the plans and shall submit the deferred sub- mittal documents for review by the building official. Submittal documents for deferred submittal items shall be submitted to the architect or engineer of record who shall review them and forward them to the building official with a notation indi~ating that the deferred submittal documents have been reviewed and that they have been found to be in general conformance with, the design of the building. Tne deferred submittal items shall not be in- stalled until their design and submittal documents have been approved by the building official. 106.3.5 Inspection and observation program. When special inspection is required by Section 1701, the architect or engineer of record shall prepare an inspection program which shall be sub- mitted to the building official for approval prior to issuance of the building permit. The inspection program shall designate the portions of the work that require special inspection and the name or names of the individuals or firms who are to perform the special inspections, and indicate the duties of the special inspectors. 1-5 , ' 1....__._.._ f~ 'r__ .~_.l:___ --- ,~ ...-. P' '1 . A....- ~ ~{I/:~f4ii ~~l.C;tg <I';r~j~~ . ~:~:~~/ .,.~.., CITY OF ~RIOR LAKE, MINNESOTA tH537:2 Resolution 78-1 SECONDED BY: Busse MOTION BY: Watkins Resolution requiring the'submittal of a certified lot survey upon the application of a building permit within the City limits of P r i 0 r La ke . Whereas, the City of Prior Lake has ordinances dealing with and ~ertaining to the size and plJcement of a home on a lot, Whereas, in order to enfoice such orrlinances it is imperative to demostrate to the City of Prior Lake the dimensions of a lot and access thereto, Whereas, it is also necessary to de~strate by the applicant of a bui lding permi;:, the placement of improvements on a lot, O. ':, ' '" " .~ ...;' '.J ~., THEREFCRE BE IT RESOLVED that the Ci ty Council of Prior Lake hereby"requlres a certified lot survey with all improvements shown: thereon, as part of the applic<Jtion for a building permit -in the City of Prior Lake. Passed and adopted this 1978. 3rd day of January YE~ NO Stock Bissonett Busse Hafermann Watkins Stock Bissonett Busse Ha fermann Watkins x x x -- x x Wi'tness of my hand and official seal of Prior Lake, Minnesota this 3rd day of January , 1978. 7lIif ~ (I. IL1 tl-tt~~. Mic ael A. McGuire City Manager ---..' . .tiib ~.':' ~,.. THE CENTER OF LAKE COUNTRY ..... F J, t' - l J l r _1 J -,'t t, 1- J ;1 '_~J., ' 'J -1';- >-=~ : .~' , . . - . I - ':-1>1 -"_11-; -'r ~:j '. -' . -".j _i. 'I :-.r-'- :j ..- .; '.;..:~ ...; ~.... '~:'~ ~,l :-..~ :"-:1 :- .il . :.~ -: --tt.: .~~{ -,-~~~, ,. -t ..~ .; .~. : --,~ -' '-,,~.~," .3i ' . '-i-f' ! .:~ ;. .~ . ;,' . .o;-f - . ~;~ -. '. . ~ . ...~ : I .. ~ '.-:~ i ~ ...{ !.; :.; , : ~,. ~ F: -- - Y;if- : RESOL 'UTI 0 N 95~4 A RESOLTJTION REQll:RING THE Sl;13iYaTTAl. OF A CERTIFICATE OF SL""Rv"""EY UPON THE A.PPLICATION OF A BLli..DE'fG PERvaT \Y1THJ?{ THE CITY LL."ilTS OF PRIOR LAlCE MOTION BY: _ Gr"e-e~-:=:e~d SECO~l)ED BY: _Scot: WHERE4S, the City or P:-:er Lake has orcinar:.ces de:;Jing 'mm and pe:-.airing to the size ar:d place:::::le::.t of a home on a lot: a.r:d. WHEREAS, in orde~ to e::.rorce such ordinances it is impe:arive to de::lonstr3.te to the Cory of P:ior L'" ke the dir::le::sions of a lot a.r:d access u.1.e~e~o; and WHE1?.EA.S, it is also necessar:' to de:::or:.::.......:.te by the a-coiicar:.t or a builc:ii.."}.g pe::::lc c.e place:::::le::.t or improve:::entS on a lot; a."ld. WHERE4S, Resolution 78-1 esubiishe::. c~~r poiic:' m this regard and now re:::'.l!!'es re&e:::1e=.r.. ~OYV, THEREFORE, BE IT RESOL v~D by U.~e ),I(ayer md City Council u.~at the City Council orPnor La.l{e he:e::y :-e~uires a ce:::i::.cate or su.:-iey with all imprave:nents sho'''''u the:eon, as par! of the application for a buildL.-:g pe:::,it m d:.e city of P:-ior L.ake except as 3e: for....1. be!ow: In the c:::!.Se of a re:::iace:ne::.t dec~{ oq,t, for prape:::r lying outside of the Shore!ar:d Manage::ne:lt or Floed ?~ain disu:c:s, tI:e ?rape:::r O'Nl1e~ may in lie:.! of the ce:::ificate of sUIvey provide cle~ ne!c. ic.e:l!iEcatlon or the lot plIlS and a to sc::lie drawing accur::.!ely portrayi.ng ail C1.l!:'e::.t c~nstn.:.c:ion on the pro!=e:::r to sc:;Je showing all dimensions rror.1 the SiIuc:-..rres to d:e sice. re::!!' and fro!:t lot lines, prcviced that: 1. T."le replace:::e::t ae:::< mt.:.S. l:e the exac: width, de~th and hei~1:t of d:e e:'.:s~g sc;:-..:.c:-;.;.re. ) -1 ~e ':- <""'I g.""-' - ,~- "- 'CC"'1";a"': ,..... '-_':c..~ or'-.:"',ta .::ccc.....r.,,;.., or sL.arg,I":':I"'c.. _. ~ :,C.ip,-..j ....~~. \..Ie. -.-- ''"'t:.~" - <--- ..;, ~ ........ ." -.'"-'... l~;;.:j.fO:=~c",..i c- 0" 0-' - r .,;..- 'Ai--,,"C'"'" ::::"-?_~-~o' / _o~o.J ;..._~.e .e_x .-.va.. . ..c. _..<:;. 0 .,-",..-- -- -~~ 1_ .1."" ?:-:. (612) "./17-4230 / Fax (612) ".:7-42~S ..J..~"'f ~':L:AL Cr:~,,=R;"'::-:TT( ~<1F'-.::~ .,.. 3. Tne plat pla.'l :nus. be ac::::rr3.te ane s1=e~inc m cb.e satis~ac:ion of City s.aE. 4. That the ci-r:,' has tb.e rig.::.t co reques-. a ce:-:iiic::.te of sur/ey be provide:: if L."'l t1:.e city _.staffs sole disc:-don it is considere:: eesir::.ble unee: tb.e circums.ances. . 5. Tnat any subsequem addition to the replace::J.em deck in ~idth, depth. s.eps, roof or ame:rities will require that a ce:-tiiicate of sur;ey be comple~ed ane submitted with that permit. P:lSsed :md adopted this _.l1tll.. day of July, 1995. Andren Greenfield Kedrowski Schenck Scon YES X X _X_ _X_ _X_ ~'O ..:l....l.eren Greenfield Kedrowski Schenck Scocr (l ~ (:. o I U / /7 . {I'lL )):Jl'li~ Frank Boyles / / f Ci-r:' Manage: ~ Ci-r:' of Prior LaKe (Se::.l) 16~C~~fe C:eek Ave. S.t.. P::cr UK2. Minnesota 5.5..372-1714 I P~. (6:21 +474230 I Fa': (6121 ~~7.42~5 AN ~.:t.:AL =??'=R7~~..:~! ~4P~~'~~ .11:'