A. Administrative Approval Permitted: It is acknowledged by the city that certain forms of property subdivision do not result in the creation of additional parcels of land or are specifically exempted from the definition of a subdivision in Minnesota statutes section 462.352, subdivision 12. In these instances, it is deemed appropriate to permit administrative approval of property division requests. (Ord. 1038, 7-8-2002)
B. Types Of Property Divisions: The following types of property division requests shall require only administrative approval:
1. The creation of parcels of twenty (20) acres in area, or greater, that are at least five hundred feet (500') in width and area in an A, E or R zoning district.
2. The creation of parcels of five (5) acres in area with a minimum lot width of three hundred feet (300') in all P, B and I zoning districts.
3. The creation of cemetery lots.
4. Property line adjustments resulting from court orders.
5. Property line adjustments that do not result in the creation of an additional parcel of land. All parcels involved must continue to meet all dimensional, area and setback requirements of the zoning district in which the properties are located, in accordance with title 10 of this code.
6. A property division whereby one of the resulting parcels becomes public land and is conveyed to a governmental unit provided all of the resulting parcels either: a) meet the required lot size and lot width standards of the applicable zoning district, or b) are exempt from such standards, or c) a variance has been granted by the city council.
7. A property division whereby one of the resulting parcels becomes public land and is conveyed to a governmental unit and the parcel becoming public land is contiguous to another parcel of public land, provided the resulting parcel not conveyed to a governmental unit either: a) meets the required lot size and lot width standards of the applicable zoning district, or b) a variance has been granted by the city council. (Ord. 1245, 11-14-2011)
C. Information Required: Applicants for administrative approval of a property division shall submit the following information to the planning division staff:
1. A scaled topographic survey showing the parcel of record and the proposed parcel boundaries to be established, including the dimensions and areas of the proposed parcels.
2. Legal description of the parcel of record and proposed legal descriptions of parcels to be created.
D. Conditions Of Approval: The planning division staff may impose certain conditions of approval upon property division requests meeting any one of the criteria listed in subsection B of this section.
E. Written Approval; Copies: The planning division staff's approval of property division shall be in writing. One copy of said approval and survey shall be retained by the planning division staff, a second copy of the approval and survey shall be retained by the applicant and a third copy of the approval and survey shall be forwarded to the county recorder's office. The written approval shall include the legal description of the parcel of record being divided, legal descriptions of the newly approved parcels and any conditions attached to the approval.
F. Rejection Of Request: Any request for administrative approval of a property division that is submitted, but does not meet the criteria of subsections A and B of this section, shall be rejected and returned to the applicant with directions on how to proceed to request approval through either the subdivision platting procedure (chapter 2 of this title) or waiver of platting procedure (section 11-1-6 of this chapter). (Ord. 1038, 7-8-2002)