(A) Restrictions and conditions for reconfigurations.
(1) Subdivision of land by metes and bounds description, for the purpose of creating more beneficial configurations for the affected parcels, may be allowed by administrative review and may be exempt from some requirements of this chapter provided the following conditions or restrictions are met:
(a) The proposed exchange of land area is between two or three contiguous parcels;
(b) Certificates of survey with legal descriptions of existing parcels and proposed parcels shall be required for lot reconfigurations;
(c) The exchange will not create a new buildable lot or add to the total number of buildable lots existing prior to the reconfiguration, but will change the shape, configuration, and legal description of the affected parcels;
(d) Each of the reconfigured lots will have an existing dwelling unit or buildable area(s) or future buildable area(s);
(e) No public easements need to be vacated or relocated because of the reconfiguration;
(f) A parcel which is conforming prior to the reconfiguration shall not be allowed to become nonconforming through the reconfiguration;
(g) A parcel which is nonconforming prior to the reconfiguration shall have its nonconforming characteristics reduced or eliminated through the reconfiguration;
(h) If the existing public road and the existing drainage and utility areas adjacent to the road have not been previously dedicated to the public, the landowners shall be required to give an easement deed for those areas; and
(i) The applicant(s) pay all city fees and out-of-pocket expenses associated with the lot reconfiguration.
(2) Every parcel of land is legally unique. There may be circumstances which are not fully contemplated by this section. For example, it may be necessary for the landowner to provide a wetlands delineation to verify that the reconfiguration will not adversely affect a wetland. Provided that a finding can be made that it is within the spirit and intent of this section to do so, the City Council may add to or modify the conditions and restrictions recited above.
(B) County approval, lot combination agreement, title review. Upon approval of the lot reconfiguration, each of the reconfigured lots must be approved by the Chisago County auditor for a single parcel and property tax identification number. At the county’s request or the city’s discretion a lot combination agreement may be required for recording, which permanently combines multiple parcels intended to represent single parcels. At the city’s discretion the applicant(s) may be required to furnish evidence of title or property control to the city attorney for review and report.
(C) Subdivision regulations exemptions. Provided the conditions of this section are met, public hearings, park land dedications, subdivision development contracts, and financial guarantees that are normally associated with the subdivision of land may be waived by the City Council.
(Ord. 2005-03, passed 6-27-2005)