12.50 - Minor Subdivisions and Consolidations § 12.50
Section 12.5o: Minor Subdivisions and
Consolidations
Subdivision 1. Eligibility for Application
In keeping with Minnesota statutes 1989, 462.358 Subdivision la, which allows for
the establishment of more than one (1) class of subdivision and more than one (1)
set of regulations, certain proposed land subdivisions and consolidations may
qualify for application under this section. For such applications, the standards,
requirements, and procedures cited herein shall supersede their counterparts in
Sections 12.10, 12.11, 12.12, 12.20, 12.30, 12.40 and 12.42 of this ordinance.
Each of the following conditions must be met to establish eligibility:
A. The land to be subdivided or consolidated must be part of a recorded plat or
a recorded Registered Land Survey (RLS).
B. Consolidations may involve any number of parcels, but subdivisions shall be
limited to the creation of four (4) or fewer lots from one (1) or more original
parcels.
C. The subdivision or consolidation shall not necessitate any additional public
investment in new roads or utilities to serve the lots.
Subdivision 2. Components of Application
Application for a minor subdivision or consolidation shall be made on forms
furnished by the City. A filing fee set by Council resolution shall accompany the
application. The applicant shall also furnish fifteen (15) copies of a sketch showing
the following:
A. North arrow and scale (no smaller than 1" = 100').
B. Overall dimensions of the property and of each internal property division.
C. Square footage of the overall property and of each internal property division.
D. Location of all public utilities, streets, driveways, and easements, adjacent to
or on the property.
E. Location and dimensions of any existing buildings, and distances to nearest
existing or proposed lot lines on all sides.
Source: Ordinance No. 34, 2nd Series
Effective Date: 4-11-90
F. Size, species, and location of all existing significant trees, specimen trees,
and significant woodlands, as defined by City Code, located within the project
limits. These significant trees, specimen trees, and significant woodlands
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§ 12.50
should be identified in both graphic and tabular form. This existing tree
survey must be prepared by a certified tree inspector or landscape architect
retained by the applicant.
Source: Ordinance No. 548, 2nd Series
Effective Date: 4-16-15
G. Any other information specific to the particular site and required for the
complete evaluation of the application. Such information shall be supplied at
the expense of the applicant.
Source: Ordinance No. 34, 2nd Series
Effective Date: 4-11-90
Subdivision 3. Conditions for Approval or Denial
A. Minor subdivisions or consolidations shall be denied if the proposed lots fail to
meet the following requirements:
1. All lots shall meet the minimum area requirements of the zoning district in
which they are located, except that lots in the R-1 Single Family
Residential District created through minor subdivision after November 4,
2015, must be at least fifteen thousand (15,000) square feet if the
average of the R-1 single-family lots within two hundred fifty (250) feet of
the subject parcel have an average lot area of eighteen thousand
(18,000) square feet or greater, excluding from the calculation the
subject parcel and lots less than four thousand one (4,001) square feet.
Source: Ordinance No. 582, 2nd Series
Effective Date: 11-12-15
2. All lots shall meet the minimum dimension requirements of the zoning
district in which they are located, except that lots in the R-1 Single Family
and R-2 Moderate Density Residential Districts created through minor
subdivision after November 4, 2015, must meet the minimum lot width at
the minimum front yard setback line and maintain that lot width to a point
seventy (70) feet back from the front lot line.
3. The entire front of each lot shall abut on a street right-of-way and there
shall be vehicular access to and from each lot via an improved street on
which the lot abuts and/or via an improved public alleyway on which the
lot abuts.
Source: Ordinance No. 603, 2nd Series
Effective Date: 6-21-16
4. Corner lots shall be platted at least twenty (20) feet wider than the
required minimum lot width as required by the Zoning Chapter.
Source: Ordinance No. 582, 2nd Series
Effective Date: 11-12-15
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§ 12.50
B. Minor subdivisions may be denied upon the City Engineer's determination
that the buildable portion of a resulting new lot is encumbered by steep
slopes or excessive wetness. Alternatively, approval of the minor subdivision
may be conditioned on the applicant's submittal of a certified engineer's
study showing how the lot(s) may be so reconditioned as to allow
development without adversely affecting adjacent sites.
C. Minor subdivisions may be denied if public sewer and water connections are
not directly accessible by each proposed lot. Alternatively, approval of the
minor subdivision may be conditioned on the applicant's obtaining the
necessary easements across adjacent properties to the nearest reasonable
point of public sewer and water connection.
D. Approval of minor subdivisions shall be conditioned on the applicant's
granting of easements for necessary public purposes, as determined by the
City.
E. Where public agencies other than the City have some form of jurisdiction
over an area including or directly affected by a proposed minor subdivision,
approval of that minor subdivision may be conditioned on the requirements
of the outside agency. Such agencies shall include but not be limited to the
Hennepin County and Minnesota State Departments of Transportation, the
Department of Natural Resources, and the Bassett Creek Water Management
Commission.
F. If applicant is required to submit to a review of the property's title pursuant
to Subdivision 4c of this section, then approval of the minor subdivision shall
be conditioned on the applicant's resolution of any title issues raised by the
City Attorney.
G. Minor subdivisions of nonresidential parcels may be denied upon the City
Engineer's determination that new development on the resulting lot(s) will
cause undue strain on adjacent roads or on public utilities or will adversely
affect adjacent residential, institutional, or public land uses. Alternatively,
approval of the minor subdivision may be conditioned on the applicant's
agreeing to take specific action to mitigate the strain or adverse affect.
H. Approval of residential minor subdivisions shall be conditioned on the
payment of a park dedication fee in an amount established by Council
resolution.
I. The conditions spelled out in this subdivision shall provide the only basis for
denial of a minor subdivision or consolidation except for the additional
conditions imposed on double bungalow lots in Subdivision 5. Approval will
be granted to any application that meets the established conditions.
Additionally, an applicant may request a waiver from specific conditions
imposed in this subdivision by applying for a variance in accordance with
Section 12.54.
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§ 12.50
Subdivision 4. Application Review Process
A. The completed application shall be received by the staff of the Planning
Department. An informal public hearing by the Planning Commission shall be
scheduled to take place within thirty (30) days of application acceptance. At
least ten (10) days prior to the hearing date, notice of the hearing shall be
mailed to the owners of all property within five hundred (500) feet of the
subject property. The Planning Commission shall consider the conditions
established in Subdivision 3 and shall make a recommendation to the City
Council on whether to approve or deny the proposed minor subdivision or
consolidation.
B. After review and recommendation by the Planning Commission, the
application shall be formally heard by the City Council. At least ten (10) days
prior to the hearing date, legal notice shall be published in the official
newspaper of the City, and notices shall be mailed to the owners of all
property within five hundred (500) feet of the subject property.
C. If preliminary Council approval is granted, the applicant shall have a final plat
prepared in accordance with Section 12.41. and in conformance with the
sketch approved by the Council. At this time, the applicant may be required
to submit, for review by the City Attorney, a current Certified Abstract of Title
or a current Registered Property Abstract for the property. The cost of this
review shall be borne by the applicant. Unless an extension is requested by
the applicant and granted by the Council, the plat and evidence of clear title
shall be completed and submitted to the City within one hundred eighty
(180) days of Council approval. Two (2) hard shell copies of the plat shall be
furnished by the applicant for signing. Except as otherwise authorized by the
Council, all conditions placed on the approval shall be fulfilled by this time.
When these requirements have been met the Council shall pass a resolution
approving the plat.
D. A certified copy of the resolution approving the final plat, together with one
copy of the final plat, shall be recorded with Hennepin County. The filing of
the plat must be done by the applicant within sixty (60) days of the approval
of the resolution. The other hard shell copy shall be filed with the City. Proof
of filing of the final plat must be submitted to the City prior to issuance of
any building permits on the properties.
Subdivision 5. Minor Subdivision for Double Bungalow
A. If the conditions for Subdivision 1. above are met, then a lot occupied or
proposed to be occupied by a double bungalow may be split along the party
line to provide individual ownership of each unit. The components of
application shall be as specified in Subdivision 2. above. The application
review process shall be as outlined in Subdivision 4. above, except that the
conditions for approval shall also include Paragraph B of this subdivision.
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B. All of the following conditions shall be met before a minor subdivision for
double bungalow shall be approved:
1. The two (2) newly created lots shall individually be exempt from the
minimum lot size and width requirements found in the R-2 Residential
Zoning District provisions of the zoning ordinance, but in combination the
lots shall meet said requirements. Other requirements of Subdivision 3.
above shall be met as stated.
2. The property and structure must be able to be split into two (2)
substantially equal sections, except as necessary to meet the wider corner
lot requirement, and except that developmentally unsuitable portions of a
lot may be discounted.
3. The structure must meet current building code standards for fire wall
separation, which may be created by new construction or an addition to
existing construction.
4. Separate utility services must be provided.
5. The owner of the property to be subdivided shall execute and record at
owner's expense a "Declaration of Covenants, Restrictions and
Conditions". Said document shall be used to protect the rights of the
individual owners sharing the single structure as to maintenance and
repair and reconstruction in case of damage to the original structure.
Specifically, it shall provide protection to the property owners and the City
on the following:
a. Building and use restriction.
b. Party walls and other necessary common easements, including utilities
and access.
c. Submission to binding arbitration of disputes between owners.
6. The City shall be a beneficiary to these "Declarations of Covenants,
Restrictions and Conditions". They shall be submitted for review by the
Planning Commission and the Council at the time the proposed
subdivision is reviewed. The City Attorney shall also review the
"Declarations of Covenants, Restrictions and Conditions". Changes to the
document shall be made if so recommended by the City Attorney. The
cost of such review shall be paid by the applicant.
7. No building permit shall be issued on any of the property until proof of
recording the "Declarations of Covenants, Restrictions and Conditions" has
been submitted to the City.
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8. Any other conditions shall be imposed that the City deems necessary to
assure compatibility with surrounding structures or to assure a reasonable
division of property.
Source: Ordinance No. 34, 2nd Series
Effective Date: 4-11-90
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