If the following conditions are met, a lot or lots upon which a two-family, side-by-side dwelling now exists, or is to be constructed, may be split along the party wall to allow for individual ownership of each unit:
(A) A survey shall be submitted to the city showing lot dimensions, the location of the building in relation to all lot lines and the location of the party wall in relation to all lot lines;
(B) If split, the two lots shall be substantially equal in size and dimensions;
(C) The two family dwelling and lot must conform to all minimum requirements of the city code and state laws;
(D) Separate utility services must be provided;
(E) Deed restrictions, subject to approval by the Manager, shall be recorded with the deed and shall contain at least the following provisions:
(1) Structure shall at all times have a uniform exterior appearance in terms of color, design and maintenance;
(2) In case of damage, the dwelling shall either be restored to its original condition or removed;.
(3) A provision for quick resolution of all disputes;
(4) The city shall be considered a third party beneficiary to the deed restrictions and may enforce the same;
(5) All breaches of the deed restrictions shall be considered nuisances, as that term is used in M.S. § 429.021, as it may be amended from time to time, and all costs incurred by the city to enforce the deed restrictions shall be assessable to the offending party or parties as provided for by state law;
(F) Such other conditions as the Manager deems necessary to assure compatibility with surrounding structures or to assure a reasonable division of property.
(Ord. passed 7-21-99)