10-24-2007 Council Agenda - Laserfiche WebLink

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1009. NON - PLATTED SUBDIVISION 1009.010. REGISTERED LAND SURVEYS. Subdivision by registered land survey shall only be allowed for torrens property. It is the intention of this Ordinance, however, that where used, all registered land surveys in the City of Little Canada should be presented to the Planning Commission in the form of a preliminary plat in accordance with the standards set forth in this Ordinance for preliminary plats and that the Planning Commission shall first approve the arrangement, sizes, and relationships of proposed tracts in such registered land surveys, and that 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 Ordinance, building permits will be withheld for buildings on tracts which 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 such tracts unless so approved. 1009.020. CONVEYANCE BY METES AND BOUNDS. No division of one (1) or more parcels in which the land conveyed is described by metes and bounds shall be made or recorded if the parcels described in the conveyance are five (5) acres or less in area and three hundred (300) feet or less in width unless such parcel was a separate parcel of record at the effective date of this Ordinance. Building permits will be withheld for buildings or tracts which have been subdivided and conveyed by this method and the City may refuse to take over tracts as streets or roads or to improve, repair or maintain any such tracts. 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 the Subdivision Regulations, the City Council may waive such compliance by adoption of a resolution to that effect. 1010. VARIANCES, PLANNING COMMISSION RECOMMENDATIONS, STANDARDS 1010.010. FINDINGS. The Planning Commission may recommend a variance from the minimum standards of this Ordinance (not procedural provisions) when, in its opinion, undue hardship may result from strict compliance. In recommending any variance, the Commission shall prescribe any conditions that it deems necessary to or desirable for the public interest. In making its recommendations, the Planning Commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probably effect of the proposed subdivision upon traffic conditions in the vicinity. A variance shall only be recommended when the Planning Commission finds: (a) That there are special and highly unique circumstances or conditions affecting said property which are not common to other properties in the City and that the strict application of the provisions of this Ordinance would deprive the applicant of the reasonable and minimum use of his land (b) That the granting of the variance will not be detrimental to the public health, welfare or injurious to other property in the territory in which property is situated. (c) That the variance is to correct inequities resulting from an extreme hardship limited to topography, soils or other physical factors of the land. - 3 0 -