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Upon receiving a report from the Planning Commission, the governing body may grant a variance from the provisions for these regulations in the case of a planned unit development, as defined in the Zoning 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. 274, passed 4-15-1997)
(A) (1) In the case of a subdivision resulting in three (3) or less lots, situated in a neighborhood where conditions are well defined, the governing body 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 crate not more than two (2) new lots plus the existing lot, and the newly crated property lines will not cause any resulting lot to be in violation of these regulations or the Zoning Code, the division may be approved by the governing body, after submission of a survey by a registered land surveyor showing the original lot and the proposed subdivision. Payment of all encumbrances for special assessments shall be a prerequisite for approval by the governing body unless specifically exempted.
(2) There shall be only one (1) minor subdivision with regard to the subject property in any twelve (12) month period.
(B) (1) Fees shall be payable at the time applications are filed with the city and are not refundable unless application is withdrawn prior to review by the City Council. City Council may refer to Planning Commission for recommendation.
(2) There shall be no fee in the case of applications filed in the public interest by members of the Council or by the Planning Commission.
(Ord. 274, passed 4-15-1997; Am. Ord. 313, passed 2-4-2003) Penalty, see § 153.999
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 governing body 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. 274, passed 4-15-1997)
(A) No building permit shall be issued for any structure on any parcel of land less than five (5) acres in area and having a width of less than three hundred (300) feet at the building setback line.
(B) No building permit shall be issued for any structure on any parcel of land less than five (5) acres in area and having a width of less than three hundred (300) feet on an improved public street, at the building setback line which is described by metes and bounds, until a plat describing such parcel of land is filed with the Kanabec County Register of Deeds and proof thereof is furnished to the local governing body.
(C) When a conveyance by metes and bounds is made the parcels involved are between five (5) and twenty (20) acres in size, a survey of the parcels involved shall be submitted to the City Clerk before any building permits will be issued for those parcels and a copy of the survey should be attached to the deed when it is submitted to the Kanabec County Register of Deeds for recording.
(Ord. 274, passed 4-15-1997)
In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply does not interfere with the purpose of these regulations, the governing body may waive such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded.
(Ord. 274, passed 4-15-1997)
VARIANCES
Upon receiving the report from the Planning Commission, the governing body may grant a variance in any particular case where the subdivider can show that by reason of the exceptional topography or other physical conditions the strict compliance to these regulations could cause an exceptional and undue hardship on the enjoyment of a substantial property right. Such relief may be granted provided there is no detriment to the public welfare and no impairment of intended purpose of this regulation.
(Ord. 274, passed 4-15-1997)
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