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HomeMy WebLinkAboutItem 08January 15, 2015 Lakeville NOTICE OF APPEAL JANUARY 20, 2015 CITY COUNCIL MEETING Item No. Proposed Action Staff recommends adoption of the following motion: Move to affirm staffs interpretation of Title 11, Chapter 17, Section 11 of the City Code concerning_ exceptions to the setback requirements for terraces, steps, decks and stoops. Adoption of this motion will affirm staff's interpretation of the exceptions to the deck setback requirements that have been in the Zoning Ordinance since May 2003. Overview On December 3, 2014 Mark Priore, Priore Law Offices, on behalf of Pete Weber, 21444 Hytrail Circle, submitted the attached Notice of Appeal application. The application appeals staff's interpretation of Section 11-17-11.A.2.b of the Zoning Ordinance concerning setback exceptions for decks that are more than 30 inches above grade based upon the "plain and unambiguous meaning" of the ordinance language. Staff does not agree with Mr. Priore's interpretation of the ordinance language. Primary Issues to Consider • What are the implications if the City Council approves the Notice of Appeal? If the Notice ofAppeal is approved, Mr. Weber would be allowed a reduced setback for an elevated deck that has not been afforded to any other homeowner for the past 11 + years. of Appeal application Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Zoning Ordinance Notes: Date: 2014 City of Lakeville Notice of Appeal Applicant Name: 1%,C -K /—AW o,4) i3�NnLr— or- /'=r•� �r�iBr P Address / D 6 S 7 /6, S S 2xd T �,.✓,�l City L L7YF_ [�/L L State .^2A_1 Zip SO yy Phone No. E-mail e.A 6) r-9,e/6,e c — 4- r+ c✓, c U m Signatur /� Pio,e Please print Name Description of Request / Section of City Code being appealed (please print or type) 6�6: b-r-ry c_it r_a - LplxF✓•L_LC C. ­7y 020,yAA)e.4 //- l 7 - // (Attach additional pages if necessary) RECEIVED DEC 4 3 2014 CITY OF LAKEVILLE Planning Department 20195 Holyoke Ave - Lakeville, MN 55044 - www.lakevillernn.gov - Phone: (952) 985-4420 Fax: (952) 985-4409 In Re: The Interpretation of City of Lakeville Ord. 11-17-11, Property Address: 21444 Hytrial Circle, Lakeville, MN 55044 Property Owner: Pete Weber NOTICE OF APPEAL AND APPEAL (Pursuant to City of Lakeville Ord. Chap. 7) TO: ZONING ADMINISTRATOR, DARYL MOREY, 20195 Holyoke Avenue, Lakeville, Minnesota 55044. PLEASE TAKE NOTICE that the above-named Property Owner, by and through his attorney, Mark Priore, Priore Law Offices, 10657 165t` Street West, Lakeville, MN 55044, hereby appeals the interpretation and applicability of City of Lakeville Ordinance 11-17-11, as determined by an administrative officer of the City, to the Lakeville City Council serving as the Board of Adjustments and Appeals for the City of Lakeville at the Lakeville City Hall, 20195 Holyoke Avenue, Lakeville, Minnesota 55044. Property Owner, Pete Weber (hereinafter referred to as "Owner") moves the Lakeville City Council for the following relief: 1. For a decision of interpretation of the City of Lakeville Ordinance 11-17-11 that is consistent with the plain wording and meaning of the unambiguous Ordinance; 2. For a directive ordering the appropriate administrative officers to apply the City of Lakeville Ordinance 11-17-11 in a manner consistent with the determination made herein; and 3. For such other and further relief as the Lakeville City Council deems just. YOU ARE INFORMED that this appeal is made to the Lakeville City Council, serving as the Board of Adjustments and Appeals for the City of Lakeville based upon the specific grounds set forth below, arguments of counsel, attached Exhibits, and any other files, records and proceedings herein, and will be addressed to the sound discretion of the Lakeville City Council. APPEAL OF INTERPRETATION OF CITY OF LAKEVILLE ORDINANCE 11-17-11 Back-oround The Owner purchased his homestead located at 21444 Hytrail Circle, Lakeville, Minnesota in May 2014 as newly constructed residential real estate from the property's builder. The Owner purchased the property with the intent of constructing a 13' x 22' deck at the rear of the dwelling and contracted with the home's builder to do the same. There appeared to be no impediments to constructing the proposed deck, as the home was constructed with a patio door on the main level at the rear of the dwelling with a deck plate pre-installed. See Exhibit A. Additionally, the builder/seller did not disclose any potential zoning restrictions and agreed to construct the proposed deck on behalf of the Owner. Upon review of the Deck Permit Guide supplied by the City of Lakeville, the Owner was further assured that the proposed deck could be properly constructed. See Exhibit B. The Owner, by and through the builder/seller, submitted a completed Building Permit application to the City of Lakeville for the construction of the proposed deck. See Exhibit C. Subsequently thereafter, the City of Lakeville rejected the Owner's Building Permit application for the proposed deck, declaring that the proposed deck encroached upon the currently allowable setback requirements. Relevant Facts The property in question was constructed in 2013 as a two-story single family residence. See Exhibit D. The plat in which the property is located was certified in May 2011 and the property is zoned within a RM -1 Medium Density Residential District or RS -4 Single Family Residential District, depending on the source of authority. See Exhibit E. The property is located within the interior of the platted development with the rear of the property abutting the 2 end of egress and parking for an adjacent multi -family residential construction. See Exhibits F- H. The dwelling has been certified for occupancy by the City of Lakeville and presumably satisfies all other zoning and construction requirements. The rear of the dwelling is 2 %Z stories with daylight windows at grade level, a full sized patio door egress on the main level with a pre-installed deck plate, and a second story. The rear of the dwelling is located approximately 32 feet from the rear lot line. See Exhibit I. The proposed deck is 13' x 22' to be constructed in the rear of the dwelling off of the main level extending into the rear yard and attached to the existing deck plate. Upon completion, the proposed deck will be located approximately 19 feet from the rear property line. Lakeville City Ordinance 11-58-17 specifies a 30 foot minimum rear yard setback requirement for single family dwellings in an RM -1 district and Lakeville City Ordinance 11-53- 13 specifies the same requirement for single family dwellings located in an RS -4 district. However, Lakeville City Ordinance 11-17-11 provides specific exceptions to the setback requirements established in all other zoning ordinances, including Ordinance 11-58-17 and 1I- 53-13 respectively. In relevant part, Ordinance 11-17-11 states: A. Exceptions. The following shall not be considered as encroachments on yard setback requirements: 2. Terraces, steps, decks, stoops, or similar structures: b. For lots of record or preliminary platted lots established after March 17, 2003: Except as may be limited within environmental protection districts, terraces, steps, decks, stoops and other similar structures, may extend to within five feet (5') of side yard and ten feet (10') of rear yard lot lines, but not more than five feet (5') into a required front yard or side yard adjacent to a public right of way provided that the height of the structure is not more than thirty inches (30") above grade within the setback area. As applied, the Zoning Administrator for City of Lakeville considers and has adjudged the proposed deck to be part of the dwelling structure and subject to the setback requirements specified in Ordinances 11-58-17 and 11-53-13 irrespective of the exceptions specified in Ordinance 11-17-11. Furthermore, the Zoning Administrator for the City of Lakeville considers and has adjudged the exceptions set forth in Ordinance 11-17-11 may be applicable only if the proposed deck is to be constructed no more than thirty inches (30") above grade. It is the position of the Owner that this interpretation and application is contrary to the plain and unambiguous language of Ordinance 11-17-11. Having exhausted informal administrative recourse, the Owner now seeks an appeal of the current interpretation and application of Ordinance 11-17-11 pursuant to Lakeville City Ordinance Chapter 7. Grounds For Appeal "It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is today, can guess what it will be tomorrow." (James Madison, Independent Journal, February 27, 1788). This is the backdrop by which this appeal is pursued; that the Owner pleas to the representatives of people of this community for an interpretation and application of a local ordinance that is consistent with that ordinance's plain language and understanding as it is conveyed to and reasonably understood by the people of this community. The analysis should first begin with the Ordinance's applicability. Ordinance 11-17-11 states that except for what is provided by the Ordinance, no lot, yard, or other open space shall be reduced below the minimum requirements of the other zoning ordinances, including Ordinances 11-58-17 and 11-53-13, which establish the minimum yard setback requirements for the property at issue. Ordinance 11-17-11 then further dictates that decks are an included exception to those minimum setback requirements and that decks shall not be considered as 4 encroachments on yard setback requirements [as they are established by the other zoning ordinances]. In addressing the concerns of the Owner in this case, the City of Lakeville has stated that they consider decks to be part of the dwelling structure and thus subject to the 30 -foot setback requirements imposed by Ordinances 11-58-17 and 11-53-13 respectively; regardless of anything to the contrary. This simply ignores the clear exception provided for in Ordinance 11-17-11 as decks are specifically identified by the Ordinance as an exception to any yard setback requirements and as such, decks are not to be considered part of the dwelling when determining the applicable minimum yard setback requirements. Ordinance 11-17-11 is clearly applicable to the Owner's proposed deck and that such a deck is not to be considered part of the dwelling when determining the applicable minimum yard setback requirements, as those requirements are further specified within Ordinance 11-17-11. As Ordinance 11-17-11 is clearly applicable to the proposed construction of the Owner's deck when determining the minimum yard setback requirements, the analysis turns on the minimum yard setback requirements that are established by the Ordinance 11-17-11. Ordinance 11-17-11(A)(2)(b) provides: For lots of record or preliminary platted lots established after March 17, 2003: Except as may be limited within environmental protection districts, terraces, steps, decks, stoops and other similar structures, may extend to within five feet (5') of side yard and ten feet (10') of rear yard lot lines, but not more than five feet (5') into a required front yard or side yard adjacent to a public right of way provided that the height of the structure is not more than thirty inches (30") above grade within the setback area. The City of Lakeville has concluded that the yard setback requirements specified above apply only to those terraces, steps, decks, stoops and other similar structures that are not more than thirty inches (30") above grade. However, this defies the plain and ordinary reading and understanding of the Ordinance. It is the position of the Owner that this height limitation applies 5 only to structures extending into front yards and side yards that are adjacent to public right of ways and that decks extending into a rear yard have no such stated height limitation and may extend to within ten feet (10') of the rear yard lot line. The City of Lakeville's current interpretation necessitates a significant modification of the Ordinance's plain and unambiguous language. The City of Lakeville is interpreting and applying the Ordinance as if it were written as follows: For lots of record or preliminary platted lots established after March 17, 2003: Except as may be limited within environmental protection districts and provided that the height of the structure is not more than thirty inches (30") above grade within the setback area, terraces, steps, decks, stoops and other similar structures, may extend to within five feet (5') of side yard and ten feet (10') of rear yard lot lines, but not more than five feet (5') into a required front yard or side yard adjacent to a public right of way. However, this is NOT how the Ordinance is worded and it is NOT within its plain and ordinary meaning as it is being communicated to the public. As is commonly known, conjunctions are used to merge two standalone "sentences" (or independent clauses ) into one. When conjunctions are used in this way, it is usual to place a comma before the conjunction, just as it is in the Ordinance at issue. The first independent clause being: " [dlecks...may extend to within five feet (5' of side yard (those not adjacent to a public right of way) and ten feet (10', of rear yard lot lines, but", followed by the second independent clause, which is joined by the preceding conjunction — "not more than five feet (5') into a required front pard or side yard adjacent to a public right of wgy provided that the height of the structure is not more than thirty inches (30';) above grade within the setback area." In common parlance and as is reasonably understood by the public, the height limitation of thirty inches above grade provided for in the second independent clause would only apply to those items referenced in the second clause; i.e. decks that would extend into front yards and side yards that are adjacent to public right of ways. Otherwise, it would not be necessary to C: distinguish between side yards in the first clause and side yards adjacent to public right of ways in the second clause and the height limitation language would need to precede the operative language of the Ordinance as noted above. To interpret the language of the Ordinance any differently would controvert its plain and unambiguous wording and meaning as it is communicated to and understood by the public. Finally, the City of Lakeville asserts that their interpretation is within the original intent of the Ordinance for which the City has failed to provide, cite to, or produce anything that would evidence any such intent, despite requests for the same. In any event, if such evidence does exist, as the current interpretation may, in fact, be well intentioned, it would be irrelevant to the interpretation of an unambiguous ordinance. For example, it would be of no consequence if a legislative body enacted a rule clearly stating that a speed limit is a maximum of 45 miles -per - hour and then apply a 35 mile -per -hour speed limit; the plain language of the rule would be a strict defense for any perceived violations over 35 mph but under 45 mph, even if it was the original intent of the legislative body to enact a 35 mile -per -hour speed limit. SUMMATION This brings us back to the indelible words of James Madison; that laws must not be so voluminous that they cannot be read, or so incoherent that they cannot be understood. The Lakeville City Counsel, serving in their capacity as the Board of Adjustments and Appeals for the City of Lakeville, has the authority as well as the duty and responsibility to the members of this community to the open and transparent interpretation and application of the ordinances so enacted as they are communicated to and understood by such members. The plain and unambiguous meaning of Ordinance 11-17-11 necessitates an interpretation and determination that is consistent with the Owner's position. 7 It is respectfully requested that the Lakeville City Counsel, serving in their capacity as the Board of Adjustments and Appeals for the City of Lakeville, issue a decision of interpretation pertaining to City of Lakeville Ordinance 11-17-11 that dictates a rear yard setback requirement of ten feet (10') for the construction of the Owner's proposed deck off of the main level and at the rear of the dwelling, regardless of its above grade height, as the Ordinance's stated height limitation is not applicable to the Owner's proposed deck in this instance; and order the appropriate administrative officers to apply the City of Lakeville Ordinance 11-17-11 in a manner consistent with that determination. Respectfully submitted this I" day of December, 2014 by Mark Priore of the Priore Law Offices on behalf of property owner, Pete Weber. Dated: /off / / PRIORE LAW OFFICES BY: MARK PRIORS, No. 334996 8 10657 16501 Street West Lakeville, Minnesota 55044 Telephone: 952-924-2407 Attorney for Property Owner, Pete Weber t r 1 mile DECKS BUILDING AND ZONING REQUIREMENTS (REVISED 12/1/2009) PERMIT SUBMITAL CHECKLIST: ❑ Signed completed Building Permit application form. ❑ 2 Copies of a Certificate of Survey, drawn to scale indicating the lot dimensions, the location and ground coverage area of existing structure(s), and the location and area of the proposed structure. Indicate the setbacks from property lines. A Certificate of Survey for the property may be on file at City Hall. ❑ 2 Copies of plans showing proposed designs and materials. Plans shall be drawn to scale and shall include the following information: 1. A floor plan indicating the following: ❑ Proposed deck size. ❑ Size and spacing of floor joists and beams. ❑ Size of decking. ❑ Size, location and spacing of posts. ❑ Species and grade of lumber to be used. 2. Elevations indicating the following: ❑ Height of structure from established grade. ❑ Diameter and depth of footings. ❑ Guardrail height (if any). ❑ Spacing of intermediate rails (if any). ❑ Stairs (location and size). Attached are examples of drawings which are intended as a GUIDE ONLY!! GENERAL BUILDING AND ZONING CODE REQUIREMENTS: Footings shall be designed and constructed below frost depth (42" minimum ground cover required from bottom of footing to grade or side slope). • Approved wood of natural resistance to decay or treated wood shall be used. Other man made products (composite plastics) must be pre -approved by the City before use. Fasteners for pressure -preservative treated we steel, stainless steel, silicon bronze or copper. shall be in accordance with ASTM A 153. A shall be of hot -dip zinc -coated galvanized The coating weights for zinc -coated fasteners Exceptions: One-half inch (12.7mm) diameter or larger steel bolts. Fasteners other than nails and timber rivets shall be permitted to be of mechanically deposited zinc -coated steel with coating weights in accordance with ASTM B 695, Class 55, minimum. • Only joist hanger nails may be used in joist hangers with all holes filled. (Roofing nails and screws are prohibited) Guardrails shall be provided a minimum 36 inches above the finished deck boards for decks more than 30 inches above grade. Open guardrails and stair railings shall have horizontal, vertical or diagonal rails through which a sphere 4 inches in diameter cannot pass, 4-3/8 inches allowed on stair railings. Open sides of stairs with a total rise of more than 30 inches above the floor or grade below shall be protected by guardrail not less than 34 inches in height measured vertically from the nosing of the treads. Guardrails shall be constructed to resist a 200 pound force any where along the top rail and a 50 pound per square foot force on the infill materials (i.e. pickets or balusters). • Open risers on stairs are permitted, provided that the opening between treads does not permit the passage of a 4 -inch diameter sphere. The opening in not limited for stairs with a total rise of 30 inches or less. • The triangular openings formed by the riser, tread and bottom rail of a guard at the open side of a stairway are permitted to be of such a size that a sphere 6 inches cannot pass through. • Floor joist and stair stringers spaced at 24 inches on center requires minimum 2 inch nominal decking. Floor joists or stair stringers spaced at 16 inches o/c. may use 5/4 -inch minimum decking. (5/4 -inch decking may be installed diagonally across 16" o/c. joists.) • Decks shall be capable of supporting a 40 pound per square foot live load and 10 pound per square foot dead load for a total load of 50 psf. Balconies shall be 60 live load and 10 dead. • Approved corrosion resistant flashing required at deck ledger attached to house. Seal bottom and sides of ledger. Aluminum shall not be in direct contact with ACQ treated lumber. • Splices in beam members shall occur over posts. • Connection between posts and footings (foundation anchor strap or an approved post holder). • Provide connection between posts and beams (Bolted shoulder cut post or approved bracket. Strapping or through bolting without bearing on a shoulder cut is not approved) • Cantilevers for floor joists shall not exceed the following. Lumber shall be southern pine #2 or better and for repetitive (3 or more) members and must have a minimum 2:1 backspan to cantilever ratio. JOIST SIZE (Nominal) JOIST SPACING (Inches on center) MAXIMUM CANTILEVER (Inches 2 x 12 16 67 24 54 2X 10 12 57 16 49 24 40 2 X 8 12 39 16 34 • Maximum cantilever of beam past a post cannot exceed 12 inches. • A special design is required for decks attached to house cantilevers. • Decks built to support a future porch: Posts must be at outer portion of deck rims, beam cantilevers are not permitted and larger diameter footings may be required. • Stair stringers shall be attached to the deck rim with approved hangers or strapping. • Decks shall meet the required setbacks: A. For Lots Of Record Or Preliminary Platted Lots Established Prior To March 17, 2003: Except as may be limited within environmental protection districts, terraces, steps, decks, stoops or similar structures constructed to the height of the ground floor of the principal structure may extend up to 5 feet of a side yard lot line or 10 feet of a rear yard lot line, but not more than 5 feet into a required front yard or side yard adjacent to a public right of way. B. For Lots Of Record Or Preliminary Platted Lots Established After March 17, 2003: Except as may be limited within environmental protection districts, terraces, steps, decks, stoops or similar structures may extend to within 5 feet of side yard and 10 feet of rear yard lot lines, but not more than 5 feet into a required front yard or side yard adjacent to a public right of way provided that the height of the structure is not more than 30 inches above the grade within the setback area. REOUIRED INSPECTIONS: ❑ Call 952-985-4440 between 8:00 A.M. and 4:30 P.M. to schedule an inspection. Provide at least 24-hour advance notice and permit number at time of scheduling. ❑ Footings: After the holes are dug, but PRIOR TO POURING CONCRETE! ❑ Final: When the structure has been completed. GENERAL NOTES: • The stamped, City approved Plan and Survey shall be kept on the job site until the final inspection has been made and approved. • The Inspection Record Card shall be placed on an exterior wall of the home near the deck location and shall remain posted until the final inspection has been made and approved. Cards should be protected from the weather. • Prior to digging, call Gopher Services at 651-454-0002 to verify utility locations. Forty-eight hour notice is required, excluding weekends and holidays. c CER TIFICA TE OF SUR VE Y 30 1 UT 7.B ►tlll 04 BASW I haT049A o 0 S M1033 R�� 104&4 To q 10 i 13 WIV 104&6 I 10476 104x1 -- Ii A ---3s n ' y MV&VAY 46010 t B o -11 _ I 11 --� hot irIWW ^T04i.T� te'"W taloaol ta104Yr1 Sample Survey • Draw deck on survey to scale with dimensions showing proposed size and setbacks to property lines. • Property pins to be located by owner if needed to verify setbacks. • Show all existing structures, including pools and sheds. a. All detached accessory buildings 120 square feet or less shall be set back at least 6 feet from any other building or structure on the same lot and shall not be located within a required buffer yard or drainage and/or utility easement. b. All detached accessory buildings in excess of 120 square feet shall be set back at least 10 feet from any other building or structure on the same lot, and shall not be located within a required buffer yard or drainage and/or utility easement. c. In all residential districts, swimming pools and any attached or functionally related deck that is more than 30 inches above grade shall be set back 10 feet from all adjoining lots and, except for fences and pump enclosures, shall be located at least 10 feet away from any other building or structure on the same lot and shall not be located within a drainage or utility easement or required buffer yard. 4 Material Post Beam Size Post to Post Spacing (Provide all lumber sizes and dimensions shown above) Sample Floor Plan Maximum 6 feet on center for guard posts 01 io (2)1/z" through -bolts with washers or equivalent 4 inch sphere can not pass Ledger board Joist hanger Joist Size and On Center Spacing _ Beam Cantilever (12 inch max) *NOTE: 4x4 guard posts can not be notched unless additional post support is provided. Tempered `.0 rx Glazing c 0 0 O Post/Beam 0 Bracket Beam x ost/Footing Post ae � A racket Concrete _y Footing n n, Q Sample Elevation (Various guard systems shown, other systems can be used that meet code) 5 Cardboard form vier footing. 1. Anchor strap or post holder required to connect post to footing. 2. Cardboard form tube held up a few inches above grade to keep post from ground contact. Minimum 12 inch diameter 4 recommended for 6x6 posts, 8 inch diameter may be used with 4x4 posts on small landings. ... ...... .... 3. Bell: Flare bottom of footing to minimum diameter required to handle the deck load. Flare deck footings to minimum 24 inch diameter if a future porch is planned. 4. Backfill against cardboard form tube. ........... ...... 5. Footing shall be poured on dry undisturbed soil. Any water accumulation from rain must be pumped out or allowed to dry prior to concrete being poured. 6 Shallow concrete footing. (Cookie) 1. Treated post, must be .60 rated for ground contact. 2. Backfill with original earth material and compact as hole is backfilled. 3. Pour concrete footing to minimum diameter and depth as required by deck load. Bottom of footing must be a minimum 42 inches below grade. 4. Footing shall be poured on dry undisturbed soil. Any water accumulation from rain must be pumped out or allowed to dry prior to concrete being poured. Sheathing Siding Flashing approved for use with ACQ treated lumber. Do not fasten decking material to the ledger board through the flashing. 2 inch nominal rim: Minimum 1/2" lag Rim Joist screw long enough to fully penetrate both the ledger and rim joist. '/x" lag screws shall be installed a minimum of 16" o.c. staggered a minimum of 2" from the top and bottom of the ledger board. Engineered rim: Installed per manufacturer Joist Hanger Ledger Board Sealant Rim Joist Detail H 0 Stair and Landing Requirements 1. Stairways with a total rise of 30 inches or more above grade shall be provided with guards not less than 34 inches high measured from the tread nose. 2. Guards shall have intermediate rails spaced so that a 4-3/8 inch sphere can not pass through. 3. The triangular area formed by the treads and a horizontal bottom rail shall be built as to not allow the passage of a 6 inch sphere. 4. Attach stair stringers to the deck with metal straps or hangers. 5. Minimum tread depth is 10 inches from nosing to nosing. All treads shall be uniform in depth within 3/8 inch from largest to smallest. A nosing of 3/a inch to 1-1/4 inch shall be provided on stairways with solid risers, and the nosings shall also be uniform within 3/8 of an inch from largest to smallest. 6. Maximum riser height is 7-3/4 inches. Risers shall be uniform within 3/8 inch from the largest to the smallest riser. 7. When using composite lumber for stair treads they must be installed with the specified maximum stringer spacing listed in the products testing report. 8. The grippable handrail shall be installed between 34 and 38 inches above the sloped plain formed by the tread nosings of the stairway. 9. Handrails shall be continuous the full length of the stairway and shall either terminate into a newel post or be returned into the guardrail as shown. Provide 1-1/z inches clearance between handrail and guard. 10. The minimum width of a stairway is 36 inches. Handrails are allowed to project up to 4-1/2 inches into the minimum allowed width. 11. The bottom of stair stringers shall be supported on a hard level surface like concrete or pavers or shall be provided with treated wood blocks to keep the stringers from sinking into the ground. 12. A level landing measuring a minimum of 36" x 36" shall be provided at the top and bottom of stairways. 13. Open risers shall be constructed as to not allow the passage of a 4 inch sphere. Grippable Handrails What the code says: 8311.5.6.3 Handrail grip size. All required handrails shall be of one of the following types or provide equivalent graspability. 1. Type I. Handrails with a circular cross section shall have an outside diameter of at least 11/4 inches and not greater than 2 inches. If the handrail is not circular it shall have a perimeter dimension of at least 4 inches and not greater than 61/4 inches with a maximum cross section of dimension of 21/4 inches. 2. Type H. Handrails with a perimeter greater than 61/4 inches shall provide a graspable finger recess area on both sides of the profile. The finger recess shall begin within a distance of 3/4 inch measured vertically from the tallest portion of the profile and achieve a depth of at least 5/16 inch within 7/8 inch below the widest portion of the profile. This required depth shall continue for at least 3/8 inch to a level that is not less than 13/4 inches below the tallest portion of the profile. The minimum width of the handrail above the recess shall be 11/4 inches to a maximum of 23/4 inches. Edges shall have a minimum radius of 0.01 inch. What this means: Circular Diameter Minimum 11/4 --Maximum 2 jype IL Non -circular 4-- Maximum 21/4" --A Maximum 21/4 Perimeter Min. 4" Max. 61/4" ... . 1) Width not greater than 23�" , 2) Width at least i � 11/4 " � 1 l C 1 3) Top of rail is not above line C -D l D l Instructions: Position rail section with the widest point of grip at line AB and left edge touching line AC. Keeping horizontal axis of rail parallel to line AB. With rail in position, it must pass 1) thru 5) to meet the code requirements. If profile is asymmetrical both sides must pass. r... ............................................................ -Follow... P. of rail guideline— - ................ -------- --- o . 3 j ........................................ ......... ...... 4 1 U: .... ................. ........ .......... ............ ................... ....... .......................... yy z, 1^ G; : O 7, ,i,1 NI 1:+ 1 V 21/2" 'O 1 {7L I �0 o 1 C :OO i 4) Entire black box 13/4" C Gj Fr; 8 is visible uj 0 r ._'_'."' :...:...:.:. . 5) Recess continues based on crown ; IIF height of rail V1 I 1 5„ � 1 I 1------------------------------------------------------------ 16 Reproduction check line measures 23/4" , ' Instructions: Position rail section with the widest point of grip at line AB and left edge touching line AC. Keeping horizontal axis of rail parallel to line AB. With rail in position, it must pass 1) thru 5) to meet the code requirements. If profile is asymmetrical both sides must pass. JOIST SPAN TABLE Based on No. 2 or better wood grades. (Design Load=40#LL+10#DL, Deflection=U360) Sample Calculations for Using Joist Span and Beam Size Tables: (Refer to tables for joist and beam size requirements) ab� Example: a=12', post spacing=8' Use the Joist Span table to find the acceptable joist sizes for a 12' span, 2x8's at 12"oc, 2x10's at 16"oc, or 2xl2's at 24" oc. Use the Beam table and find the 8' post spacing column. With a 12' deck span, the beam may be either two 2x8's or two 2x10's, depending on wood used. Footings shall be min. 12" corner and 15" intermediate footings. Use (a) to determine joist size and (a)+2(b) to determine beam size. The length of (b) is restricted by both the length of (a) and the size of the joists. Example: a=8', b=3', post spacing= 10' Refer to the Joist Span table. For an 8' joist span, either 2x8's at 24"oc or 2x6's at 16"oc are acceptable. For sizing the beam and footings, use a joist length of 14' (8+(2*3)) and a post spacing of 10'. The beam table indicates that the beam may be either two 2xl2's or three 2x10's depending on wood used. The footing table indicates min. 14" corner and 18" intermediate footings. Use (a) or (b), whichever is greater, to determine joist size. Use (a)+(b) to determine the size of beam 1. Use joist length (b) to determine the size of beam 2. Example: a=6', b=7', post spacing=9' Joist size is determined by using the longest span joist (7'). The Joist Span table indicates the 2x6's at 24"oc would be adequate for this span. For Beam 1, use the joist length of 13'(6'+7') and a post spacing of 9'. The Beam table indicates the beam may be two 2x10's or two 2xl2's depending on the wood used. Footings are min. 13" corner and 17" intermediate. For Beam 2 use a joist length of 7' and post spacing of 9'. The beam may be two 2x8's or two 2x10's, depending on wood used. Footings are min. 10" corner and 13" intermediate. Ponderosa Pine Southern Pine Spruce -Pine -Fir 12" oc 16" oc 24" oc 12" oc 16" oc 24" oc 12" oc 16" oc 1 24" oc 2x6 9'-2" 8'-4" 7'-0" 10'-9" 9'-9" 8'-6" 10'-3" 9'-4" 8'-1" 2x8 12'-1" 10'-10" 8'-10" 14'-2" 12'-10" 11'-0" 13'-6" 12'-3" 10'-3" 2x10 15'-4" 13'-3" 10'-10" 18'-0" 16'-1" 13'-5" 17'-3" 15'-5" 12'-7" 2x12 17'-9" 15'-5" 12'-7" 21'-9" 19'-0" 15'-4" 20'-7" 17'-10" 14'-7" Sample Calculations for Using Joist Span and Beam Size Tables: (Refer to tables for joist and beam size requirements) ab� Example: a=12', post spacing=8' Use the Joist Span table to find the acceptable joist sizes for a 12' span, 2x8's at 12"oc, 2x10's at 16"oc, or 2xl2's at 24" oc. Use the Beam table and find the 8' post spacing column. With a 12' deck span, the beam may be either two 2x8's or two 2x10's, depending on wood used. Footings shall be min. 12" corner and 15" intermediate footings. Use (a) to determine joist size and (a)+2(b) to determine beam size. The length of (b) is restricted by both the length of (a) and the size of the joists. Example: a=8', b=3', post spacing= 10' Refer to the Joist Span table. For an 8' joist span, either 2x8's at 24"oc or 2x6's at 16"oc are acceptable. For sizing the beam and footings, use a joist length of 14' (8+(2*3)) and a post spacing of 10'. The beam table indicates that the beam may be either two 2xl2's or three 2x10's depending on wood used. The footing table indicates min. 14" corner and 18" intermediate footings. Use (a) or (b), whichever is greater, to determine joist size. Use (a)+(b) to determine the size of beam 1. Use joist length (b) to determine the size of beam 2. Example: a=6', b=7', post spacing=9' Joist size is determined by using the longest span joist (7'). The Joist Span table indicates the 2x6's at 24"oc would be adequate for this span. For Beam 1, use the joist length of 13'(6'+7') and a post spacing of 9'. The Beam table indicates the beam may be two 2x10's or two 2xl2's depending on the wood used. Footings are min. 13" corner and 17" intermediate. For Beam 2 use a joist length of 7' and post spacing of 9'. The beam may be two 2x8's or two 2x10's, depending on wood used. Footings are min. 10" corner and 13" intermediate. BEAM SIZE TABLE Based on No.2 or better Ponderosa Pine and Southern Pine (Treated for weather and/or ground exposure) 5' 6' T' POST SPACING 8' W 10' 11' 12' 13' Spruce -Pine -Fir 1-2x6 1-2x6 2-2x6 2-2x6 2-2x8 2-2x8 2-2x111 2-2x10 2-2.x10 �o Ponderosa Pine 1-2x6 2-2x6 2-2x6 2-2x8 2-2xg 2-2x10 2-2x10 2-2x12 2-2x12 Southern Pine 1-2x6 1-2x6 2-2x6 2-2x6 2-2x6, 2-2x8 2-2x$ 2-2x10 2-2xlO Spruce -Pine -Fir 1-2x6 2-2x6 2-2x6 2-2x6 2-2x8 2-2x8 2-2x1© 2-2x10 Z2xl2 i; Ponderosa Pine 1-2x6 2-2x6 2-2x6 2-2x8 2-2x10 2-2x10 2-2x12 2-2x12 3-2x111 Southern Pine 1-2x6 2-2x6 2-2x6 2-2x6 2-2x8 2-2x8 2-2xlO 2-2x10 2.2x12 Spruce -Pine -Fir 1-2X6 2-2x6 2-2x6 2-2x8 2-2x8 2-2x10 2-2xlO 2-2x10 2-2x12 0o Ponderosa Pine 2-2x6 2-2x6 2-2x8 2-2x8 2-2X10 2-2x10 2-2x12 I 3-2x10 3-2x1{1 Southern Pine 1-2x6 2-2x6 2.2x6 2-2x8 2-2x8 2-2x8 2-2xI0 2-2x12 2-242 Spruce -Pine -Fir 1-2x6 2-2x6 2-2x6 2-2x8 2-2x10 2-2x10 2-2x12 2-2x12 3-2x10 o� Ponderosa Pine 2-2x6 2-2x6 2-2x8 2-2x10 2-2x111 2-2x12 2-2x12 3-2x10 3-2x12 Southern Pine 1-2x6 2-2x6 22x6 2-2x8 22x8 2-2x10 2-2x11} 2-2x12 2.2X12 Spruce -Pine Fir 2-2x6 2-2x6 2-2xg 2-2x8 22x10 2-2x10 2-2x12 2-2x12 3-2%10 Ponderosa Pine 2-2x6 2-2x8 2-2x8 2-2x10 2-240 2-2x12 3-2x10 3-2x12 3 U12 Southern Pine 1-2x6 2-2x6 2-2x6 2-2x8 2-2x8 2-2x10 2-2x12 2-2x12 3-2xI0 Spruce -Pine -Fir 2-2x6- 2-2x6 2-20 2-2x8 2-2x1.0 2-2x12 2-2x12 3-2x10 3-2x12 Ponderosa Pine 2-2x6 2-2x8 2-2x8 2-2x10 2-2x12 2-2x12 3 2xlO 3-2x12 3-2x12 Southern Pine 2-2x6 2-2x6 2-2x8 2-2x8 2-2x1{1 2-2x10 2-2x12 2-2x12 3-2110 Spruce -Pine -Fir 2-2x6 2-2x6 2-2x8 2-2x10 2-2x16 2-2x12 3-2x10 3-2x10 34x12 Ponderosa Pine 2-2x6 2-2x8 22x10 2-2x10 2-2x12 3-2x10 " 3-2x12 3-2x12q Bm x Southern Pine 2-2x6 2-2x6 2-2x8 2-2x8 I 2-2xlO 2-2x12 2-242 3-2x10 3.2x12. Z Spruce -Pine -Fir 2-2x6 2-2x8 2-2x8 2-2x10 ZwUIO 2-2x12 3-2x10 3-2x12 3-2xl2 a Ponderosa Pine 2-3x6 2-2x8 2-2x113 2-2x10 2-2x12 3-2x10 3-2x12 3-2x12 [on Southern Pine 2-2x6' 2-2x6 2-2x8 2-2x10 2-2xlO 2-2x12 2-2xl2 3-2x10 3-2x12 Spruce-PineFir 2-2x6 2-2x8 2-2x$ 2-2x10 2-2x12 2-2x12 3-2x10 3-2x12 3-2x12 Ponderosa Pine 2-2x6 2-2x8 2-2xlO 2-2x12 3-2xlO 3-2x10 3-2x12 1 Eng Bm Eng Bm Southern Pine 2-2x6 2-2x8 2-2x$ 2-2x10 2-240 2-2x12 3-2xlO 3-2x12 3-2x12 Spruce -Pine -Fir "2-2x6 2-2x8 2-2x10 2-2x10 2-2x12 3-2x10 3-2x10 3-2x12 Bag Bm Ponderosa Pine 2-2x8 2-2x8 2-2x10 2-2x12 3-240 3-2x12 3-2x12 Eng Bm Eng Bm Southern Pine 2-2x6 I 2-2x8 2-2x8 2-2x10 2-2x12 2-2x12 3-2xlO- I 3-2x12 3-2x12 Spruce -Pine -Fir 2-2x6 2-2x8 2-2x10 2-2x10 �2-2x12 3-2x10 3-2x12 3-2x12 #14$m Ponderosa Pine Z2X8 2-2x10 2-2xlO I 2-2x12 3-2x10 3-2x12 Bag Bra, Eng Bm Bm Southern Pine 2-2x6 2-2x8 2-2x8 2-2x10 2-2x12 2-2x12 32x1#1 3-2x12 3-202 Spruce -Pine -Fir 2-2x6 2-2x8 2-2x10 2-2x12 2-2x12 3-2x10 3-2x12 3-2x12 Eno Bm Ponderosa Pine 2-2x8 2-2x10 22x10 2-2x12 3-2xlO 3-2x12 ft RM Eng Bm .N Bm Southern Pine 2-2x� 2-2x8 2-2xlO 2-2x10 1 2-2-x12 3-2x10 I 3-2x1:2, 3-2x12 I Eng Rm Spruce -Pine -Fir 2-2x6 2-2x8 -2-240 2-2x12 3-240 3-2x10 3-27c12 Eng Bm fog Bm Ponderosa Pine 2-2x8 2-2x10 22x12 3-2x10 3-2x12 3-2x12 ftl$1w Eng Bm m Southern Pine 2-2X6 2-2x8 22x10 2-2x10 2-2x12 3-2x10 3-202. 3-2x12 B3ii3 Spruce -Pine -Fir 2-2x8 2-2x8 2,2x1.0 2-2x12 3-2x10 3-2x12 3-2x12 Eng Bm ft Bm Ponderosa Pine 2-2x8 2-2x10 2 2x12 3-2x10 3-2x12 I 3-2x12 Eng Bm Bm ftBm Southern Pine 2.2x6 2-2x8 2-2x14 2-2x12 2-242 3-2x10 3-27012 -Eng 3-2x12 ft Bm Spruce -Pine -Fir 2-2x8 2-2x8 Z-UtO 2-2x12 3-2x1Q 3-2x12 3-2x.12 Eng Bm Bm Ponderosa Pine 2-2x8 2-2x10 1 22x12 3-2x10 3 2x12 Eng Bm B3tt1 Eng Bm Bm Southern Pine 2-2x6 2-2x8 I 2-2x10 2-2x12 "32x10 3-2x10 I 32x12 I Eng Bm Bm 4 Footing Size Table (Figures assumes a 2,000 psf soil and 50 psf total deck load, worse soils will require larger footings.) (dimensions shown are the required diameter of the footing in inches) Note: Minimum thickness of bell or cookie. 12 • 8-16 diameter footings = min 8" thick • 17-20 inch diameter footings = min 10" thick • 21-30 inch diameter footings = min 12" thick 5' 6' 7' POST 8' 1 SPACING 9' 10' 11' 12' 13' Corner Footings 8 8 89 9 10 10 10 11 Intermediate Footings 1 9 1 10 10 11 12 12 13 13 14 Corner Footings 8 9 9 9 10 10 11 11 11 r Intermediate Footings 1 9 1 10 1 11 1 12 13 13 14 14 15 Corner Footin s 9 9 10 10 11 11 11 12 12 Intermediate Footings 1 10 11 12 13 13 14 15 15 16 Corner Footings 1 9 10 10 11 11 12 12 13 13 Intermediate Footings 1 11 12 13 13 14 15 16 16 17 c Corner Footings 9 10 11 11 12 12 13 13 14 Intermediate Footings 11 12 13 14 15 16 16 17 18 -_ Corner Footin s 10 11 11 12 12 13 13 14 14 Intermediate Footings 1 12 13 14 15 16 16 17 1$ 19 x iv Comer Footings 10 11 12 12 13 13 14 i4 15 Intermediate Footings 12 13 14 15 16 17 18 19 19 W Corner Footings 11 11 12 13 13 14 14 15 15 Intermediate Footings 13 14 15 16 17 18 19 19 20 O v Corner Footings 11 12 13 13 14 14 15 15 16 "" lIntermediate Footings 1 13 14 15 17 17 18 19 20. 21 - Corner Footings 11 i2 13 14 14 15 15 16 17 Intermediate Footings 1 14 15 1 16 17 18 19 20 21 22 Corner Footings 12 13 13 14 15 15 16 17 17 Intermediate Footings 1 14 15 17 18 19 20 21 21 22 Corner Footings 1 12 13 14 14 15 16 16 177 J 18 Intermediate Footings 1 14 16 17 18 19 1 20 21 .-2'2 23 Comer Footings 13 13 14 15 16 16 17 17 18 Intermediate Footings 15 16 17 19 20 21 22 23 24 Corner Footings 13 14 14 15 16 17 17 18 19 Intermediate Footings 1 15 17 18 19 20 21 22 23 24 cComer Footings 13 14 15 16 16 17 18 18 19 `' Intermediate Footings 16 17 18 20 21 22 23 24 25 Note: Minimum thickness of bell or cookie. 12 • 8-16 diameter footings = min 8" thick • 17-20 inch diameter footings = min 10" thick • 21-30 inch diameter footings = min 12" thick EXHIBIT C: Owner's Building Permit Application [Currently unavailable. Copies have been requested from builder who prepared and submitted the application. Exhibit C will be supplemented immediately upon receipt.] Property Card Owner Information Fee Owner PETER & HEATHER WEBER Mailing Address 21444 HYTRAIL CIR LAKEVILLE MN 55044 Property Address Address 21444 HYTRAIL CIR Municipality LAKEVILLE EXHIBIT Parcel ID Number 22-72503-01-040 Miscellaneous Information School District Watershed District Homestead Green Acres Ag Preserve Open Space Parcel Information Last Qualified Sale 05/02/2014 Total Acres 0.20 Sale Value $284,900.00 R/W Acres Uses RESIDENTIAL Water Acres $54,471.00 $57,800.00 Plat STONE BOROUGH 4TH ADDITION $183,296.00 $194,500.00 Lot and Block 4 1 $237,767.00 $252,300.00 Tax Description $44,300.00 2014 Building Characteristics (payable 2015)* Building Type S.FAM.RES Year Built 2013 Bedrooms 4 Building Style TWO STORY Foundation Sq Ft 1060 Bathrooms 2.50 Frame WOOD Above Grade Sq Ft 1,932 Garage Sq Ft 480 Multiple Buildings Finished Sq Ft 1,932 Other Garage Miscellaneous Information School District Watershed District Homestead Green Acres Ag Preserve Open Space 194 VERMILLION RIVER FULL HOMESTEAD Assessor Valuation Taxable Estimated 2014 Land Values (payable 2015) $54,471.00 $57,800.00 2014 Building Values (payable 2015)* $183,296.00 $194,500.00 2014 Total Values (payable 2015)* $237,767.00 $252,300.00 2013 Total Values (payable 2014)* $44,300.00 $45,900.00 Property Tax Information Net Tax (payable 2014) Special Assessments (2014) Total Tax & Assessments (2014) $733.58 $0.00 $733.58 * Manufactured Homes Payable the Same Year as Assessment. 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