A. Administrative Subdivision: An administrative subdivision is a lot division, lot adjustment, lot consolidation or subdivisions exempted from platting by Minnesota Statutes section 462.352, subdivision 12, that may not require a plat or replat and may be administratively approved, provided all of the following conditions are met:
1. The subdivision shall be in compliance with the Comprehensive Plan and the purpose and intent of this chapter.
2. The subdivision shall not result in or affect more than two (2) parcels.
3. The subdivision shall be part of a previously recorded plat or registered land survey.
4. The subdivision shall result in lots that meet the minimum dimensional requirements for the zoning district in which the property is located, or shall not further increase the nonconformity of any lot dimension.
5. The subdivision shall not cause any structure on the property to be made nonconforming or to be in violation of the zoning ordinance or any other provisions of this code.
6. All parcels resulting from the subdivision shall have frontage and access on an existing improved street.
7. The resulting parcels shall generally conform with the shape, character, and area of existing or anticipated land subdivisions in the surrounding areas.
8. Any such subdivision shall not require any public improvements or the dedication of right of way.
9. Any such subdivision shall not result in legal descriptions that are unduly complex.
10. The subdivider shall provide easements, as required by this chapter.
11. The subdivider shall comply with the park dedication regulations, as required for a plat.
12. Prior to issuance of building permits, property irons shall be installed pursuant to Minnesota statutes.
B. Filing: A request for an administrative subdivision shall be filed with the planning and zoning administrator on an official application form. Such application shall be accompanied by a fee as set forth in title 1, chapter 10 of this code. Such application shall also be accompanied by detailed written and graphic materials, the number and size as prescribed by the planning and zoning administrator, fully explaining the purpose of the proposal, and including any proposed development and use.
C. Staff Analysis: Upon receiving a complete application, as determined by staff review, the planning and zoning administrator shall refer copies of the administrative subdivision to the city staff and other applicable public agencies as needed in order to receive written comments. Subdivisions including land abutting an existing or proposed trunk highway and/or highway under county jurisdiction shall also be submitted to the Minnesota commissioner of transportation and/or the Crow Wing County transportation planning division as required by state law, at least thirty (30) days prior to city action on the subdivision. The planning and zoning administrator shall instruct the appropriate staff person to coordinate an analysis of the application prior to administrative action of the subdivision.
D. Action On Administrative Plat: An administrative subdivision may receive administrative approval by the planning and zoning administrator or his/her designated representative, provided the application is found to meet all the specified conditions. Pursuant to Minnesota statutes section 462.358, an application for an administrative subdivision shall be approved or denied within one hundred twenty (120) days from the date of its official and complete submission unless extended pursuant to statute or a time waiver is granted by the subdivider.
E. Effect Of Approval: For one year following administrative subdivision approval, unless the subdivider and city agree otherwise, no amendment to the comprehensive plan or other official controls shall apply to or affect the use, development density, lot size, or lot layout that was approved.
F. Effect Of Denial: If an administrative subdivision application is denied by the planning and zoning administrator, a similar application for an administrative subdivision affecting substantially the same property shall not be considered again by the city for at least six (6) months from the date of its denial.
G. Expiration Of Administrative Subdivision Approval: The approval of an administrative subdivision shall expire one year from the date it was approved, unless before expiration of the one year period the applicant submits a written request for an extension thereof. Such request for an extension shall include the following: 1) an explanation for why the administrative subdivision has not been recorded, 2) what, if any, good faith efforts have been made to complete the subdivision process, and 3) the anticipated completion date. The planning and zoning administrator may approve up to two (2) such extensions of not more than one additional year per extension. (Ord. 2014-02, 2-18-2014)