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03-22-1995 Council Agenda
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03-22-1995 Council Agenda
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gantee that municipal <br />or prohibit the devel <br />n of taxes and the filing <br />or recordable certifica- <br />lity. In any action com <br />ie misrepresentation of. <br />tis subdivision shall be, <br />, a district court hearing4. <br />aunt sufficient to pay all <br />luding reasonable attor- <br />e per centum of the pur- <br />es. In a municipality in <br />or recorded as provided <br />s are applicable shall be <br />ay metes and bounds or <br />fter April 21, 1961 or to <br />ive. The foregoing provi- <br />te of adoption of subdivi- <br />the later, or of the adop- <br />.. <br />ter, or <br />atered into prior to such <br />Tea and 150 feet in width <br />ea td 300 feet in width <br />lot less than five acres and <br />Ines not result in the dixi-„. <br />of which is less than five <br />not less than 20 acres and <br />ioes not result in the divi- <br />which is less than 20 acres <br />restrictions will create an <br />:re with the purpose of the <br />zit compliance by adoption <br />t be filed or recorded. Any. <br />:el in violation of the prom ' <br />.pality a penalty of not less <br />y may enjoin such convey- <br />ourt of competent junsdic- <br />; section all electric and gas <br />ther similar improvements <br />way or easement which is <br />e official map of the munici- <br />ning body. When a munici- <br />ion of any building shall be <br />land abutting on a street or <br />at or on the official map or <br />iy, and unless the buildings <br />on issuing permits shall not <br />875 <br />HOUSING, REDEVELOPMENT, PLANNING, ZONING 4623585 <br />apply to planned developments approved by the governing body pursuant to its zoning <br />ordinance- No permit shall be issued for the construction of a building on any lot or <br />parcel conveyed in violation of the provisions of this section. <br />Subd. 6. Variances. Subdivision regulations may provide for a procedure for vary- <br />ing the regulations as they apply to specific properties where an unusual hardship on <br />the land exists, but variances may be granted only upon the specific grounds set forth <br />in the regulations. Unusual hardship includes, but is not limited to, inadequate access <br />to direct sunlight for solar energy systems. • <br />Subd. 7. Vacation. The governing body of a municipality may vacate any publicly <br />owned utility easement or boulevard reserve or any portion thereof, which are not being <br />used for sewer, drainage, electric, telegraph, telephone, gas and steam purposes or for <br />boulevard reserve purposes, in the same manner as vacation proceedings are conducted <br />for streets, alleys and other public ways under a home rule charter or other provisions <br />of law. <br />A boulevard reserve means an easement established adjacent to a dedicated street <br />for the purpose of establishing open space adjacent to the street and which area is des- <br />ignated on the recorded plat as "boulevard reserve". <br />Subd. 8. Plat approval under other laws. Nothing in this section is to be construed <br />as a limitation on the authority of municipalities which have not adopted subdivision <br />regulations to approve plats under any other provision of law. - <br />Subd. 9. Unplatted parcels. Subdivision regulations adopted by municipalities <br />may apply to parcels which are taken from existing parcels of record by metes and <br />bounds descriptions, and the governing body or building authority may deny the issu- <br />ance of building permits to any parcels so divided, pending compliance with subdivi- <br />sion regulations. <br />Subd. 10. Limitations. Nothing in this section shall be construed to require a <br />municipality to regulate subdivisions or to regulate all subdivisions which it is autho- <br />rized to regulate by this section. <br />History: 1965 c 670 s 8; 1971 c 842 s 1; 1973 c 67 s 1; 1973c 176s I; 1975 c 98 s <br />1; 1976 c 181 s 2:1978 c 786 s 16,17; 1980 c 560 s 6; 1980 c 566 s 25-33; 1981 c 85 s 7; <br />1982 c 415 s 2:1982 c 507s 23; 1985 c 1943 24; 1986 c 444; 1989 c 196 s 1; 1989 c 200 <br />s 1; 1989 c 209 art 2 s 1 <br />4623585 JOINT PLANNING BOARD. <br />Upon request of a home rule charter or statutory city council or county or town <br />board by resolution presented to the county auditor of the county of the affected terri- <br />tory a board shall be established to exercise planning and land use control authority in <br />the unincorporated area within two miles of the corporate limits of a city. The board <br />shall have members in a number determined by the city, county, and town. Each gov- <br />ernmental unit shall have an equal number of members. The members shall be <br />appointed from the governing bodies of the city, county, and town. Upon request of <br />more than one county or town board with respect to the unincorporated area within <br />two miles of the corporate limits of a single city, the parties may create one board rather <br />than a separate board for each county or town, with equal membership from each <br />affected governmental unit. The board shall serve as the governing body and board of <br />appeals and adjustments for purposes of sections 462.351 to 462.364 within the two- <br />mile area. The board shall have all of the powers contained in sections 462.351 to <br />462.364 and shall have authority to adopt and enforce the uniform fire code promul- <br />gated pursuant to section 299F.011. The city shall provide staff for the preparation and <br />administration of land use controls unless otherwise agreed by the governmental units. <br />If a municipality extends the application of its subdivision regulations to unincorpo- <br />rated territory located within two miles of its limits pursuant to section 462.358, subdi- <br />vision Ia, before the creation of a joint board, the subdivision regulations which the <br />municipality has extended shall apply until the joint board adopts subdivision regula- <br />tions. <br />History: 1982 c 507 s 24 <br />Page 57 <br />
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