A. Complete Neighborhood: The city council, upon receiving a report from the planning commission, may grant a variance from these regulations in case of a subdivision large enough to constitute a more or less self-contained neighborhood, provided the city council receives adequate safeguards to assure development according to plan. Said plan shall not be in conflict with the major street plan and shall, in the opinion of the city council, provide adequate public open space and be a desirable community development.
B. Minor Subdivision: In the case of a subdivision of small size and of minor importance, situated in a locality where conditions are well defined, the planning commission may exempt the subdivider from complying with some of the requirements stipulated in this chapter pertaining to the preparation of the preliminary plat and may allow for the consolidation of the preliminary and final plat review, pursuant to the criteria set forth in section 12.06 of this chapter. The subdivider's resulting parcels shall conform to all applicable requirements of this code.
C. Lot Division And Consolidation; Waiver Of Subdivision: Some of the subdivision requirements stipulated in this chapter may be waived to allow a division of one or more lots platted into lots and blocks and designated in a subdivision plat on file and of record in the office of the register of deeds or registrar of titles of Morrison County, into one or more separately described parcels or lots; or the consolidation of two (2) or more such platted lots or parts thereof into one or more lots or parcels, pursuant to the criteria set forth under subsection 12.01C of this chapter, definition of "waiver of subdivision". A waiver of subdivision may be allowed within any zoning district, with the administrator's approval. The procedure shall be in compliance with the following:
1. The owner or owners of such platted lots or lots to be so divided or consolidated shall file in the office of the administrator a certificate of survey prepared and signed by a state registered land surveyor. Such survey shall show the dimensions of said lots as measured upon the recorded plat, and also the proposed division or consolidation thereof. A written description of the separately described lots or parcels, which will result from the proposed subdivision or consolidation, shall be filed with such survey. The administrator shall review the proposal for conformance with this section.
2. The separately described tract of land to be conveyed or designated for building permit purposes by reason of such division or consolidation as described upon said proposed plat or registered land survey shall not be less than the minimum dimensions required to secure the minimum lot standards specified in the city code.
3. As a result of such division or consolidation as herein authorized, no remaining part of an original subdivision lot shall become a separately described lot upon said proposed plat or registered land survey, with a size less than the minimum dimensions required to secure the minimum lot standards specified in this code.
4. Evidence of ownership or a legal interest in the property. That may include the deed of ownership or a title opinion by a practicing attorney at law.
5. Written approval for public road access for each parcel from the appropriate road authority.
6. Upon submittal of all required documents, the administrator shall review the proposed subdivision or consolidation for compliance with all applicable code provisions. If the waiver of subdivision is in compliance, it shall be recorded in the office of the recorder or register of deeds or the registrar of titles of Morrison County.
7. Upon the application of an owner or owners who shall have complied with this subsection and all other applicable requirements of this chapter, the administrator, subject only to other applicable provisions of this code, is authorized to issue the building permit requested for on any separately described lot or parcel designated and set forth upon such proposed plat or survey.
D. Boundary Line Adjustment: A boundary or lot line adjustment is a procedure for changes in property lines through the attachment of land to a contiguous lot, tract or parcel. It is intended to modify or correct the location of a boundary or lot line to remedy adverse topographical features or encroachments of structures. A boundary line adjustment may be allowed within any zoning district, with the administrator approval, provided any residual tract or any existing structure does not become noncompliant with the provisions of this code. The application for a boundary line adjustment will not be considered complete until all fees and items are submitted.
1. The boundary line adjustment shall not:
a. Replat, amend, alter or vacate a plat;
b. Create any additional lot, tract, parcel or division;
c. Result in a lot, parcel, site or division which does not meet the minimum requirements of this code for setbacks, lot standards and access; or
d. Increase the nonconforming aspect of an existing nonconforming lot.
2. Procedures: Information to be provided:
a. Boundary line adjustment application;
b. Original and two (2) copies of a certificate of survey by a state registered land surveyor for all affected lots or tracts, showing the following:
(1) The proposed lines for affected lots, indicated by heavy solid lines;
(2) The existing lot lines for all affected lots proposed to be changed, indicated by heavy broken lines;
(3) The location and dimension of all structures/improvements existing upon the affected lots and the distances between structures/improvements and the proposed boundary lines;
(4) The area and dimensions of each lot following the proposed adjustment;
(5) The original legal description of the entire property, together with new separated legal descriptions for each parcel;
(6) All parcel numbers of affected lots; and
(7) The location and dimension of any drain field, easements or rights of way existing within or adjacent to any affected lots.
Upon submittal of all required documents, the administrator shall review the proposed boundary line adjustment application for compliance with the requirements of this section and all other applicable code provisions. If the adjustment is in compliance, it shall require filing a certificate of transfer of subdivided property with the office of the recorder or register of deeds, or the registrar of titles of Morrison County. The auditor's office will require the following: evidence that the current year and delinquent taxes are paid in full; and a deed of attachment be filed that states that the property as described is for the purpose of attachment.
E. Variance: The city council may grant a variance upon receiving a report from the planning commission in any particular case where the subdivider can show that by reason of exceptional topography or other physical conditions, the strict compliance with these regulations could cause an exceptional and undue hardship on the enjoyment of a substantial property right, provided such relief may be granted without detriment to the public welfare and without impairing the intent and purpose of these regulations.
F. Application For Variance Required: Application for any such variance shall be made in writing by the subdivider at the time when the preliminary plat is filed, stating fully all facts relied upon by the petitioner, and shall be supplemented with maps, plans or other additional data which may aid the planning commission and the city council in the analysis of the proposed project. The plans for such development shall include covenants, restrictions or other legal provisions necessary to guarantee the full achievement of the plan. Any variance or modification thus granted shall be recorded in resolution form and entered in the minutes of the city council setting forth the reasons that justified the action. (Ord. 10, 6th Series, eff. 3-2-2009)