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Notwithstanding any provisions to the contrary herein contained, the City Council, upon recommendation from the Planning Commission, may issue municipal improvement bonds to pay the cost of required streets, sewer, water, and storm sewer improvements subject to the following:
(A) The proposed subdivision must be abutting upon a presently platted and substantially developed residential neighborhood.
(B) Before proceeding to issue improvement bonds, the Planning Commission and the City Council must make a finding based on current real estate activity in and around the city that lots within the proposed subdivision will be readily marketable.
(C) Issuance of improvement bonds to construct required improvements shall be upon petition and in accordance with M.S. Chapter 429, as amended, and the total cost of the improvements shall be assessed against the benefitted property.
(Ord. 179, passed 2-16-78)
MINOR SUBDIVISIONS, RESUBDIVISIONS, VARIANCES, AND THE LIKE
Upon receiving a report from the Planning Commission the City Council may grant a variance from the provisions of these regulations in the case of a planned unit development, as defined in Chapter 156 of this code, provided that the Council shall find that the proposed development is fully consistent with the purpose and intent of these regulations and the Comprehensive Plan. This provision is intended to provide the necessary flexibility for new land planning and land development trends and techniques such as cluster development.
(Ord. 179, passed 2-16-78)
In the case of a subdivision resulting in three or fewer lots, situated in a neighborhood where conditions are well defined, the City Council may exempt the subdivider from complying with some of the requirements of these regulations. In the case of a request to subdivide a lot which is a part of a recorded plat, or where the subdivision is to permit the adding of a parcel of land to an abutting lot or to create not more than three new lots, and the newly created property lines will not cause any resulting lot to be in violation of these regulations or Chapter 156 of this code, the division may be approved by the City Council, after submission of a survey by a registered land surveyor showing the original lot and the proposed subdivision.
(Ord. 179, passed 2-16-78)
In the case of a request to divide a lot which is a part of a recorded plat, where the division is to permit the adding of a parcel of land to an abutting lot or to create two lots and the newly created property line will not cause the other remaining portion of the lot to be in violation with this regulation or Chapter 156 of this code, the division may be approved by the City Council after submission of a survey by a registered land surveyor showing the original lot and the proposed subdivision.
(Ord. 179, passed 2-16-78)
In any case where the division of land into two or more lots or parcels for the purpose of transfer of ownership or building improvement is not specifically provided for in the provisions of these regulations, a description of land division shall be filed with the City Manager-Clerk. No building permit shall be issued for any construction, enlargement, alteration, repair, demolition, or moving of any building or structure on any lot or parcel resulting from the division, until that division has been approved by the City Council. Prior to the consideration of the division by the City Council, they shall require that a certified survey be submitted.
(Ord. 179, passed 2-16-78)
All registered land surveys shall be filed subject to the same procedure as required for the filing of a plat for platting purposes. The standards and requirements set forth in these regulations shall apply to all registered land surveys. Unless the City Council shall approve, a registered land survey shall not be used to divide a parcel of land into lots for the purpose of transfer of ownership or building development, if any of the tracts do not have the required frontage on a dedicated public street.
(Ord. 179, passed 2-16-78)
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