Subd. 1. Registered land surveys. It is the intention of this chapter that all registered land surveys in the city should be presented to the Planning Commission in the form of a preliminary plat in accordance with the standards set forth in this chapter for preliminary plats. The Planning Commission shall first recommend the arrangement, sizes and the relationships of proposed tracts in the registered land surveys, and tracts to be used as easements or roads should be so dedicated. Unless a recommendation and approval have been obtained from the Planning Commission and City Council respectively, in accordance with the standards set forth in this chapter, building permits will be withheld for buildings on tracts that have been so subdivided by registered land surveys, and the city may refuse to take over tracts as streets or roads or to improve, repair or maintain any tracts unless so approved.
Subd. 2. Minor subdivision and lot combination.
a. Application. This subdivision shall apply to the following applications:
(1) Requests to divide a portion of a lot or lots where the division is to permit the adding of a parcel of land to an abutting lot or lots so that no additional lots are created and all new lots conform to the Zoning Code minimum lot size standards;
(2) Requests to combine two existing platted lots or lots of record in the R-ID zoning district:
(a) Of which one or both lots are nonconforming due to insufficient lot size, width or depth; and
(b) That results in a single lot that is not greater in area than 125% of the minimum lot size for the R-lD zoning district;
(3) Requests to divide a lot from a larger tract of land thereby creating no more than two lots, each of which meet the minimum size and area requirements for the zoning district in which the property is located. In the R-1D, Single-Family Residential zoning district, as provided for in the Shorewood Zoning Code, neither lot may be greater than 125% of the minimum lot size for the zoning district. To qualify, neither of the lots resulting from the division may be capable of being further divided. Nor may the property have been part of a previous minor subdivision or metes and bounds conveyance since 1985;
(4) Requests to divide a base lot, as defined by the Shorewood Zoning Code, upon which has been constructed a two-family dwelling, townhouse or quadraminium, where the division is to permit individual private ownership of a single dwelling unit within the structure and the newly created property lines will not cause any of the unit lots, as defined by the Shorewood Zoning Code, or the structure to be in violation of this chapter, the Zoning Code or the State Building Code.
b. Data requirement for minor subdivision or lot combination.
(1) Certificate of survey. The requested minor subdivision shall be prepared in the form of a certificate of survey by a registered land surveyor.
(2) Property description and submission information. The data and supportive information detailing the proposed subdivision shall be the same as required for a preliminary plat as set forth in § 1202.04, Subd. 2. of this chapter. The Zoning Administrator may exempt the subdivider from certain of the informational requirements.
(3) Proposed legal descriptions/drainage utility easements. The subdivider’s registered land surveyor shall prepare legal descriptions for the proposed new lots, any street right-of-way or conservation easements that may be required as part of the minor subdivision approval, and for drainage and utility easements, ten feet on each side of each lot line. Additional easement width may be required based upon the recommendation of the City Engineer.
(4) Proof of ownership. Prior to release of a Council resolution approving a minor subdivision, the subdivider shall submit an up-to-date from within the last 30 days title opinion for review and approval by the City Attorney.
(5) Deeds for easements and street right-of-way. Prior to release of a Council resolution approving a minor subdivision, the subdivider shall submit deeds in favor of the city for any easements or public right-of-way that may be required as part of the minor division.
c. Minor subdivision or lot combination procedure. The procedure for considering a minor subdivision or lot combination as described in Subd. 2.a., above shall be as follows:
(1) The subdivider shall schedule a meeting with the Zoning Administrator to determine whether the application qualifies as a minor subdivision as described in Subd. 2.a., above. A lot combination, as described in Subd. 2.a., above, may be approved for recording with the Hennepin County Recorder by the Zoning Administrator;
(2) The subdivider must submit an application, all required information and a fee as required in Chapter 1301 of the Shorewood City Code by the first Tuesday of any given month in order to be placed on the Planning Commission agenda for the first Tuesday of the following month;
(3) The Zoning Administrator shall refer the application to all appropriate city staff for review and comment;
(4) The application and any reports prepared by city staff shall be considered at a regular meeting of the Planning Commission at which the subdivider shall be present to answer questions concerning the proposed subdivision;
(5) The Planning Commission shall make its recommendation to the City Council within 60 days of the date of the Planning Commission meeting at which the application is first considered;
(6) Upon receipt of the application, any reports prepared by city staff, and the Planning Commission’s recommendation, the City Council shall take action within 45 days of the date of the Council meeting at which the application is first considered. Approval of the application requires a simple majority vote of the full City Council;
(7) The subdivider must record the minor subdivision, and any required deeds for easements or street right-of-way with the Hennepin County Recorder within 30 days of the date it receives the resolution approving the subdivision. Failure to record the subdivision within 30 days shall void the approval. No building permits shall be issued for new lots until the subdivider has provided proof of recording.
(Am. Ord. 380, passed 2-11-2002)