A minor subdivision may be considered only if all of the following conditions are met:
(A) The property to be divided will result in three or fewer lots.
(B) The property has not been subject to division by either a lot combination or division or minor subdivision within the previous five years.
(C) The minor subdivision shall conform to all the requirements of the underlying zoning district as specified in Appendix A of Chapter 153 of this Code; it shall not cause any structure on the land to be in violation of the zoning ordinance. Any proposed deviation from said standards shall require the processing of a variance request as governed by § 153.150 of this Code.
(D) The minor subdivision will not require the construction or extension of any street, road, or public utilities.
(Ord. 2016-2, passed 2-8-2016)
A minor subdivision application shall include the following:
(A) A completed application form;
(B) Application fee;
(C) Acreage, area, and buildable area calculations for proposed lots;
(D) Written narrative explaining the application and its rationale; and
(E) A Certificate of Survey (two full size copies and fifteen 11 inch x 17 inch reductions) prepared by a licensed land surveyor identifying the following, as applicable:
(1) A graphic scale not less than one inch to 100 feet.
(2) Name and address of legal owner and/or agent of the property.
(3) North arrow.
(4) Boundaries, dimensions, and area of existing lots being subdivided and new lots to be created.
(5) Legal descriptions of existing lot(s) and legal description of proposed new lots.
(6) Water courses, including delineated wetlands.
(7) All easements, encroachments, and right-of-way encumbering the property, including drainage and utility easements.
(8) Existing and proposed buildings, structures, and improvements within the parcel(s) to be subdivided. Existing and proposed features should be clearly indicated.
(9) Locations, widths, and names of all public streets, right-of-way, or railroad right-of-way showing type, width, and condition.
(10) Proposed driveway locations and locations of existing driveways.
(11) Additional data as determined appropriate by the Zoning Administrator to ensure compliance with city requirements.
(Ord. 2016-2, passed 2-8-2016)
(A) An application for a minor subdivision shall be submitted to the Zoning Administrator or designee. An application shall be considered complete when all required components are submitted.
(B) Upon submittal of a complete minor subdivision application, the Zoning Administrator shall request input from the city's planning, engineering, and legal staff, as appropriate. The subdivider shall reimburse the city for any legal or engineering costs associated with the review of the minor subdivision.
(C) The Planning Commission shall consider the proposed minor subdivision at a public meeting.
(D) At the public meeting, the Planning Commission shall receive the written report of the Zoning Administrator and shall take testimony from the subdivider and other interested parties. At the close of the public meeting, the Planning Commission shall consider all the written reports and materials, and the oral testimony, and make a recommendation on the minor subdivision to the City Council. The Planning Commission may recommend approval, approval subject to modifications or conditions, or denial. If denial is recommended, the reasons for such recommendation shall be stated in the record.
(E) The City Council shall consider the application at its next meeting following receipt of the Planning Commission recommendation. The City Council shall take action on the application which shall include findings of fact, which shall be entered in the proceedings of the City Council and transmitted to the applicant in writing. The failure of a simple majority to approve the application shall be a denial of the application.
(Ord. 2016-2, passed 2-8-2016)
If approved, the applicant shall file a certified copy of the written decision and executed copies of the registered survey with the Hennepin County Recorder within 60 days of approval. The applicant will also be responsible for providing a reproducible copy of the recorded survey to the city. If the minor subdivision is not filed within 60 days of approval, it shall become null and void.
(Ord. 2016-2, passed 2-8-2016)