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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 28, 2008 7:00 o’clock p.m. _____________________________________________________________________________________ *4. #08-3371 JOEL A. GERBER AND P. CHRIS GERBER, 1295 BRIAR STREET – VARIANCE – RESOLUTION NO. 5762 Murphy moved, McMillan seconded to adopt RESOLUTION NO. 5762, a Resolution Granting a Variance to Municipal Zoning Code Section 78-420, 1295 Briar Street. VOTE: Ayes 4, Nays 0. 5. #08-3372 CITY OF ORONO CODE AMENDMENT – REVISION OF CHAPTER 86, REVISE BUILDING PERMIT SURVEY REQUIREMENTS Turner stated the Ordinance attached to the staff report is an amendment to City Code Section 86-68 relating to building permit application information, specifically relating to surveys. The Council tabled this item at the July 14th meeting in order to revise the language to allow for exemptions by the Building Official. Turner noted the ordinance amendment requires an initial survey, a foundation survey, and an as-built survey. Staff recommends approval of the code amendment. Murphy noted Exhibit A, which is the actual ordinance, contains the words unless exempted from the building official. Murphy stated he still has some confusion regarding the ordinance, noting that the language under (b) (1) requires that the survey be prepared by a Minnesota Registered Land Surveyor unless the building official determines the construction project is exempt from this section, but that items (2) and (3) do not contain that same language. Murphy asked who would be allowed to perform the surveys under items (2) and (3). Turner indicated it is her understanding of state statute that only a registered land surveyor is able to prepare a survey. Murphy stated he has received some comments from the residents that they are already being required to submit a number of surveys, the costs related to having those surveys completed, and that he is uncertain whether the language in the ordinance is clear enough. McMillan noted that a foundation survey may not always be required. Gaffron stated it was the understanding of Staff that the surveyor would complete all three surveys. Murphy asked what the anticipated increased cost would be to an applicant. Gaffron stated step two is probably under $500 and step three may be another $500 to $1000. McMillan stated as a percent of the whole project, this cost is rather small, and that there may be some projects where the foundation survey is waived. McMillan stated this would help resolve issues with grading and elevations. Murphy stated he would like to make the ordinance absolutely clear to every applicant about what is being required. Murphy recommended that the language in items (2) and (3) also include similar language about the survey being completed by a registered land surveyor. PAGE 3 of 7 Item #02 - CC Agenda - 08/11/08 Approval of Council Minutes 07/28/08 [Page 3 of 7]