07-09-1980 Council Agenda - Laserfiche WebLink

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Mr. Clayton Parks June 12, 1980 Page 3 plans) is an accurate copy of portions of the plans of the building as filed with and approved by the municipal or other governmental subdivision having jurisdiction over the issuance of permits for the construction of buildings. We have complied with this requirement. I have enclosed herewith a photocopy of a portion of the floor plans for Fleur Royal Condominiums which were filed with the County Recorder simultaneously with the Declaration on March 24,'1980. I am informed that the building plans for Fleur Royale Apartments were approved by the City of Little Canada prior to or at the time of their construction and such building plans are on file with the City. The registered land surveyor's statement certifies that his copies are accurate copies of portions of those building plans which have been filed and approved by the City. Section 515.13 does not require any current municipal approvals upon conversion of an already approved building to a condominium. With resepct to Little Canada Ordinance No. 161, relating to Park Charges, we have done some review of the validity of that ordinance. It appears that Minnesota Statutes § 462.358 is the statute which empowers a municipality to adopt subdivision regulation ordinances. It also prescribes certain mandatory provisions which must be included in such an ordinance and prescribes other provisions which are merely permissive. One of the permissive provisions which the state statute allows a municipality to include in its subdivision ordinance is the park dedication provision or cash in -lieu- of -land. The statute also provides that the cash -in -lieu- of -land must be an amount computed on the fair market value of undeveloped land. In any event, it is this company's position that a city has no authority to extract park land or park charges except as they may be empowered to do so under an ordinance which conforms to Minnesota Statutes § 462.358. It is our position that Section 462.358 only relates to subdivisions of undeveloped land. Little Canada Ordinance No. 161 does not, in our view, comply with the requirements of Section 462.358.