HomeMy WebLinkAbout08-247 SubdivisionsCITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-247
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
AMENDING VARIOUS SECTIONS OF THE SUBDIVISION AND ZONING
REGULATIONS TO INCLUDE PROVISIONS RELATING TO PREMATURE
SUBDIVISIONS AND VARIANCES
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 153: Subdivision Regulations by amending Section 153.02 by adding the
underlined language and deleting the s-"wthfouo language as follows:
§ 153.02 GENERALLY.
(A) Purpose. The City adopts this chapter Iin order to provide for orderly, economic, and safe
development of land, to provide the necessary urban services and facilities, and to promote the
public health and safety of the City through the establishment of minimum regulations
governing the subdivision of land. It is the intent of the City to protect the right of
landowners to put their land to its highest and best use and protect each owner's right to full
beneficial use of their land to accomplish enjoyment without detriment to the public interest.
(B) Intent, The City establishes these regulations with the intent to:
(1) implement the Comprehensive Plan;
(2) ensure that subdivisions are consistent with all applicable plans laws and
regulations;
(3) provide for the orderly subdivision of land and to ensure prover legal descriptions
and monumentation of subdivided land:
L4�_ ensure that adequate public infrastructure, facilities and services are available
concurrent with development,•
(5) Conserve and protect the natural resources and scenic beauty of the City;
(6) Require subdividers to furnish land install infrastructure and provide appropriate
mitigation measures to ensure that development provides for all required
improvements,
(7) Promote a safe and effective transportation system including roadways pedestrian
pathways, and transit opportunities,•
(8) Prevent inappropriate subdivisions including_ premature subdivision,• excess
subdivision resulting in overcrowding of land and undue concentration of structures,•
partial or incomplete subdivision, or scattered or piecemeal subdivisions, and
(9) Establish standard requirements conditions and procedures for the design and
review of subdivisions.
- R))n Scope. The provisions of this chapter apply to any division of a tract of land into 2 or
more parcels for the purpose of transfer of ownership, building development, or tax assessment
purposes by platting, re -platting, registered land survey, conveyance, sale, contract for sale or any
other means by which a beneficial interest in land is transferred except those divisions listed below:
(1) where all the resulting parcels, tracts, lots, or interests will be 20 acres or larger in size and
500 feet in width for residential uses and five acres or larger in size for commercial and
industrial uses;
(2) creating cemetery lots; or
(3) resulting ftoim court orders.
-(C- ) Approval necessary for acceptance of subdivision plats. Before any plat or subdivision
shall be recorded or be of any validity, it shall be referred to the Planning Commission and
approved by the City Council as having fulfilled the requirements of this chapter.
-(-D)) Building permits. No building permits shall be issued for the construction of any
building, structure, or improvement to any land or lot in a subdivision, as defined in this chapter,
until all requirements of this chapter have been satisfied, with the following exceptions.
(1) Building permits may be issued for model homes after approval of the final plat by the City
Council upon receipt of a signed development agreement. The issuance of building permits for
model homes shall be in accordance with the signed development agreement.
(2) The developer shall agree in writing to indemnify and hold harmless the City for damages
that may occur as a result of the model home construction prior to the required improvements being
completed.
(3) No certificate of occupancy shall be issued by the City until all applicable requirements set
forth by the development agreement have been met.
(4) Traffic and parking arrangements relating to model homes shall be subject to the City's
review and approval.
-"TJ Conflicts. Whenever there is a difference between minimum standards or dimensions
required by this chapter or other ordinances of the City, the most restrictive standards of dimensions
shall apply.
(F-)LQI Flood plain management.
(1) No land shall be subdivided which is held unsuitable by the City Council for reason of
flooding, inadequate storm water drainage, steep slopes, inadequate water supply, or inadequate
sewag waste water treatment facilities. All lots within the flood plain shall contain a building site
with a lowest floor elevation that is at least two feet er above the regulatory flood protection
elevation. All subdivisions shall have water and sewage (waste water) disposal facilities that
comply with the provisions of this chapter, and shall have road access both to the subdivision and to
the individual building sites no lower than 2 feet below the regulatory flood protection
elevation. (Also refer to Section 153.025, Premature Subdivisions below).
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(2) In the general flood plain district, applicants shall provide the information required in §
152.14.0. The Cif Council shall evaluate the subdivision in accordance with procedures established
in this chapter and standards contained in § 152.08.
"- LW Consistency with Comprehensive Plan and Zoning District. Subdivision of property shall
be in compliance with the City's Comprehensive Plan and zoning district in which the property is
located.
SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 153: Subdivision Regulations by adding a new Section 153.025 which shall
read as follows:
153.025 PREMATURE SUBDIVISION PROHIBITED.
Any plat or other subdivision of property be denied by the City Council if it is deemed by the
City Council to be premature for development pursuant to the criteria listed below.
(A) Any proposed plat or subdivision of property may be denied by the City Council if it
is deemed by the City Council to be premature for development. The burden of proof shall be on
the subdivider to demonstrate to the City Council that the proposed subdivision is not premature for
development. The City may deem a subdivision premature if any of the following conditions exist
(1) Inconsistent with the Comprehensive Plan. A proposed plat or subdivision may be
deemed premature if the subdivision is inconsistent with the goals, _purposes policies
phasing, or other requirements of the Comprehensive Plan. An application for a
Comprehensive Plan amendment may be made concurrently with an application for a plat
or subdivision approval; however, a plat or subdivision application will not be considered
for approval by the City Council until and unless any necessary Comprehensive Plan
amendment is approved by the City Council.
(2) Inconsistent with the City Capital Improvement Program. A proposed plat or subdivision
may be deemed premature if it is inconsistent with the City's Capital Improvement
Proai•am. In order for a plat or subdivision to not be inconsistent with the City's Capital
linprovement Program, public improvements and facilities that are to be provided at the
public's expense that are necessary to accommodate the proposed plat or subdivision must
be able to be reasonably provided within two years of the date of the plat or subdivision
application.
(3) Lack ofAdequate Water Sully. Unless the City has guided the site of the proposed plat
or subdivision as rural by the Comprehensive Plan, a proposed plat or subdivision may be
deemed premature if municipal water is not available to serve the proposed subdivision if
it is developed to its maximum permissible density without causing and unreasonable
depreciation of existing municipal water supplies. "Available" shall mean existing
readily extended and funded consistent with the phasing in the Comprehensive Plan the
Ca vital huprovement Program, and any relevant City ordinances plans and policies if the
site of the proposed plat or subdivision is guided as rural by the Comprehensive Plan a
po).osed subdivision shall be deemed premature with respect to a lack of adequate water
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supply if a private well or wells cannot adequately or safely serve the proposed
subdivision.
(4) Lack of Adequate Taste Disposal Systems Unless the City has guided the site of the
ro os� ed Mat or subdivision as rural by the Comprehensive Plan, a proposed plat or
subdivision maybe deemed premature if municipal sanitary sewer is not available or is not
adequate in size to serve the proposed subdivision if developed to its maximum
permissible density as indicated in the Comprehensive Plan. "Available" shall mean
existing or readily extended and fielded. consistent with the phasing in the Comprehensive
Plan the Capital Improvement Program and any relevant City ordinances, plans, and
policies. If the site of the proposed plat or subdivision is guided as rural by the
Comprehensive Plan a proposed subdivision may be deemed premature if a private
subsurface sewage treatment system or systems cannot adequately serve the prol2osed
subdivision.
(5) Lack of Adequate Streets. A proposed plat or subdivision may be deemed premature if
public streets to serve the proposed plat or subdivision are not available. "Available" shall
mean existing or readily extended and funded consistent with the phasing in the
Comprehensive Plan the Capital linprovement Program and any relevant City ordinances,
plans and policies. In addition, a proposed plat or subdivision may be deemed premature
if the traffic volume generated by the proposed plat or subdivision would create a hazard to
public safety and the general public welfare or the streets are inadequate for the intended
uses such that the subdivision would create unacceptable levels of traffic congestion on
existing or proposed streets as determined by the City Engineer.
(6) Lack of Adequate Drainage. proposed plat or subdivision may be deemed premature if
municipal or private surface water management facilities are not available to meet
minimum local watershed and state treatment requirements including downstream
infrastructure to manage stormwater. "Available" shall mean existing or readily
constructed and funded consistent with the phasing in the Comprehensive Plan the Capital
Improvement Program and any relevant City ordinances plans, and policies. In addition,
a proposed plat or subdivision may be deemed premature in cases where flood plains, poor
soils, or steep slopes exist in such a manner as to preclude adequate site drainage or
treatment of surface water runoff, cause pollution of water sources or damage from
erosion would occur on downhill or downstream land.
(7) Inconsistent or Not Compliant with State Environmental Statutes and Rules. A proposed
plat or subdivision may be deemed premature if it is not in compliance or is not consistent
with the State's environmental statutes and rules set forth in Minnesota Statutes Chapter
116D and Minnesota Rules Part 4410.
SECTION 3. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 153: Subdivision Regulations by amending Section 153.07 by adding the
underlined language and deleting the strikethrough language as follows:
§ 153.07 MINOR SUBDIVISIONS.
(A)Purpose and Intent. The purpose of a minor subdivision process is to allow the City to waive
certain procedures and requirements of a major subdivision. The purpose is to reduce the
time and cost to the property owner for dividing land in locations and situations that are well
defined and where no new public infrastructure is required. The minor subdivision process
allows for concurrent review and approval of a preliminary and final -plat.
(B) Criteria for Minor sSubdivision. A minor subdivision is a division of land which results in
no more than 4 parcels shown on the plat/survey:
(1) Each resultant parcel meets all applicable requirements of the Zoning Code, including
but not limited to density, lot size, lot width, and minimum frontage on a public road,
unless a variance has been approved according to the procedures set forth in Section
153.11 of the City Code.
(2) No new public rights -of -way or streets shall be necessary for or created by the
subdivision.
(3) Streets, utility easements, drainage easements or public park land or cash in lieu of land
shall be dedicated as required by the City.
(4) All wetland areas and Minnesota Department of Natural Resources protected waters shall
be protected with a conservation easement up to the 100-year flood level.
(5) The minor subdivision complies with all applicable requirements of the road authority,
including access spacing and location criteria for sight distances if located adjacent to a
state or county highway, and/or of the watershed district(s) in which it is located.
(C) Submittal Requirements. Requests for minor subdivision shall be filed with the City on an
official application form. The applicant's signatures -shall be provided on the application
form. If the applicant is not the fee owner of the property, the fee owner's signature shall
also be provided on the application form, or the applicant shall provide separate written and
signed authorization for the application from the fee owner. Such application shall be
accompanied by the. following information. The applicant shall submit a minimum of 4 large
scale copies and 10 reduced scale (I I" X 17") copies and electronic versions of all graphics.
The application shall be considered as being officially submitted and complete when the
applicant has complied with all the specified requirements. The applicant will be responsible
for all expenses incurred in obtaining the required information.
(1) An application fee as set forth by the City's adopted fee schedule
(2) Detailed written and graphic materials fully explaining the proposed minor
subdivision.
(3) List of property owners located within 350 feet of the subject property in a format
prescribed by the City.
(4) A preliminary plat prepared by a registered land surveyor in the form required by
M.S. Ch. 505, as it may be amended from time to time, and the name, address, and
registration number of the surveyor, which includes:
a. Graphical scale not more than 1 inch equals 100 feet.
b. North point indication.
c. Original and proposed lot boundaries.
d. Topographic data at 2 foot contours.
e. Existing and resulting parcel legal descriptions.
f. Buildable area on each lot and proposed building pad.
g. The location of existing structures on the site.
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h. Existing and proposed driveway locations.
i. Existing easement locations.
j. Existing parks, streets and utility easements.
k. Delineated wetlands and water bodies including ordinary high water elevations and
floodplain boundaries as applicable.
1. Sewage treatment systems and/or well locations.
in. Location and size of existing sewers, water mains, wells, culverts, or other
underground utilities within the tract and to a distance of 150-feet beyond the tract,
the data as grades, invert elevations, and locations of catch basins, and manholes
shall also be shown;
(5) Drainage, grading and erosion control plans, if applicable.
(6) Existing and proposed lowest floor elevations for each lot.
(7) Soil testing for the installation of subsurface sewage treatment system, if applicable.
(8) If driveways to a state or county highway, are required, driveway permits or a letter
of intent to approve said driveways from the applicable road authority.
(9) Any additional information if deemed necessary and required by the City. The City
may waive for good cause certain information requirements not pertinent to the
particular minor subdivision request.
(D)Review of Minor Subdivision.
(1) Review by staff and other commissions or jurisdictions. The City shall refer copies of
the preliminary plat to the City Engineer, Planner, Attorney, the Watershed District
and the appropriate county, state, or other public agencies for their review and
comment. The City shall instruct the appropriate staff persons to prepare technical
reports where appropriate, and to provide general assistance in preparing a
recommendation on the action to the Planning Commission and Council.
(2) Public Hearing Set. Upon receipt of a complete application, the City shall set a
public hearing following proper hearing notification. The Planning Commission shall
conduct the hearing, and report its findings and make a recommendation to Council.
Notice of said hearing shall consist of a legal property description and a description
of the request, which shall be published in the official newspaper at least 10 days
prior to the hearing and written notification of said hearing shall be mailed at least 10
days prior to the hearing to all owners of land within 350 feet of the boundary of the
property in question. Public hearings shall follow the hearing procedures outlined in
Section 154.102. Failure of a property owner to receive said notice shall not
invalidate any such proceedings as set forth within this Chapter.
(3) The Planning Commission shall make a finding of fact and recommend such actions
or conditions relating to the request as it deems necessary, to carry out the intent and
purpose of this Chapter.
(4) The City Council shall not approve a minor subdivision until it has received a report
and recommendation from the Planning Commission and the City staff, or until 60
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days after the first regular Planning Commission meeting at which the request was
considered.
(5) Approval of a minor subdivision shall require passage of a resolution by a majority
vote of a quorum of the City Council.
(6) Prior to certification by the City of the approval of the minor subdivision, the
applicant shall submit the final plat for signature, supply the easement documents
granting the City any easements required by the City using the City's standard form
of easement and pay any required recording or other fees.
(7) Whenever an application for a minor subdivision has been considered and denied by
the City Council, a similar application for a minor subdivision affecting substantially
the same property shall not be considered again by the Planning Commission or the
City Council for at least 6 months from the date of its denial unless a decision to
reconsider such matter is made by a majority vote of the entire City Council.
(E) Recording of the Minor Subdivision. If the minor subdivision is approved by the Council,
the subdivider shall record it with the County Recorder or Registrar of Titles within 180
days after the approval. If not recorded within 180 days, approval of the minor subdivision
shall be considered void, unless a request for a time extension is submitted in writing and
approved by the City Council. The subdivider shall, immediately upon recording, furnish the
City with copies of the recorded documents which effectuate the minor subdivision. No
building permits shall be issued for construction of any structure on any lot within the
approved minor subdivision until the City has received evidence of the plat being recorded
by the County.
(F) Financial Guarantee. Following the approval of a minor subdivision as required by this
Section and prior to the issuing of any building permits or the commencing of any work, the
applicant may be required to submit a financial guarantee to the City to ensure the
completion of any improvements as shown on the approved plans and as required as a
condition of minor subdivision approval.
(G) Certification of Taxes Paid. Prior to approval of an application for a minor subdivision, the
applicant shall provide certification to the City that there are no delinquent property taxes,
special assessments, interest, or City utility fees due upon the parcel of land to which the
minor subdivision application relates.
SECTION 4. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 153: Subdivision Regulations by amending Section 153.08 by adding the
underlined language and deleting the st ilelffir-ought language as follows:
§ 153.08 MAJOR SUBDIVISIONS — PRE -APPLICATION CONFERENCE.
(A)Purpose and Intent. In order to ensure that all applicants are informed of the procedural
requirements and minimum standards of this chapter and the requirements or limitations
imposed by other City ordinances or plans, prior to the development of a preliminary plat,
applicants are required to attend a pre -application conference with City staff (including, but
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not limited to, the Planning Director and the City Engineer) to review and discuss the
proposed subdivision.
1. Prerequisite. Pre -Application Conference. Before filing of an application for a major
subdivision with the City, the applicant of the proposed major subdivision shall arrange
for and attend a pre -application conference with the Planning Director, City Engineer
and other City staff. The primary purpose of the pre -application conference shall be to
provide the applicant with an opportunity to gather information and obtain guidance as
to the general suitability of his or her proposal for the area for which it is proposed and
its conformity to the provisions of this section before incurring substantial expense in
the preparation of plans, surveys and other data.
2. No application for a major subdivision will be accepted by the City unless an
applicant's proposal is distinctly similar to one reviewed by City staff in the required
pre application conference.
(B) Submittal requirements. Requests for pre -application conference and staff review of a major
subdivision shall be filed with the City on an official application form. The applicant's
signatures shall be provided on the application form. If the applicant is not the fee owner of
the property, the fee owner's signature shall also be provided on the application form, or the
applicant shall provide separate written and signed authorization for the application from the
fee owner. Such application shall be accompanied by the following information. The
applicant shall submit a minimum of 4 large scale copies and 10 reduced scale (11" X 17")
copies and electronic versions of all graphics. The application shall be considered as being
officially submitted and complete when the applicant has complied with all the specified
requirements. The applicant will be responsible for all expenses incurred in obtaining the
required information.
(1) An application fee as set forth by the City's adopted fee schedule.
(2) Detailed written and graphic materials fully explaining the proposed major
subdivision.
(3) List of property owners located within 350 feet of the subject property in a forinat
prescribed by the City_
(4) A scaled drawing which includes:
a. Locations of boundary lines in relation to a known section, quarter section, or
quarter section line comprising a legal description of the property .
b. Graphical scale not less than 1 inch equals 100 feet.
c. Data and north point.
d. Existing conditions.
i. Boundary line of proposed subdivision, clearly indicated;
ii. Existing zoning classification for land within and abutting the subdivision;
iii. A statement on the acreage and dimensions of the lots;
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iv. Location widths and names of existing or previously platted streets or other
public ways, showing type, width, and conditions of improvements, if any,
railroad and utility rights -of -way, parks and other open spaces, permanent
buildings and structures, easements in section and corporate lines within the
tract and to a distance of 150 feet beyond the tract;
V. Location and size of existing sewers, water mains, wells, culverts, or other
underground utilities within the tract and to a distance of 150 feet beyond
the tract, the data as grades, invert elevations, and locations of catch basins,
and manholes shall also be shown;
vi. Boundary lines of adjoining unsubdivided or subdivided land, within 150
feet, identified by name and ownership, including all contiguous land
owned or controlled by the subdivider;
vii. Topographic data, including contours at vertical intervals of not more than
5 feet; water courses, marshes, rock outcrops, power transmission poles and
lines and other significant features shall also be shown; National Geodetic
Vertical Datum (N.G.V.D.) shall be used for all topographic mapping; fed
viii. The subdivider may be required to file a report prepared by a registered
civil engineer or soil scientist on the feasibility of on -site sewer and water
systems on each lot; the report shall include a soil borings analysis and a
percolation test to verify conclusions-..,-
ix. Buildable area on each lot and proposed building pad..
X. Existing and proposed driveway locations:,;
xi. Existing parks, streets and easement locations:; and
xii. Delineated wetlands and water bodies including ordinary high water
elevations and floodplain boundaries as applicable.
e. Proposed design features.
i. Layout of proposed streets showing right-of-way widths, center line grade,
typical cross -sections, and proposed names of streets in conformance with
all applicable City ordinances and policies; the name of any street used in
the City or its environs shall not be used unless the proposed street is the
logical extension of an already named street, in which event the same name
shall be used. The naives and number shall comply with the County
Uniform Street Numbering System.
ii. Areas other than streets, pedestrian ways, utility easement, intended to be
dedicated or reserved for public use, including the size of the areas in acres.
iii. Provision for surface water disposal, drainage, and flood control within the
boundaries of the proposed property division consistent with SSection
150.273 of the City Code, storm water management and erosion and
sediment control
f. Supplementary information. is The supplementary information as shall reasonably
be deemed necessary by City staff; including, but not limited to:
4� i. Proposed protective covenants;
iii: ii. Statement of the proposed use of lots stating type of residential
buildings with number of proposed dwellings and type of business or
industry, so as to review the effect of the development on traffic, fire
hazards, and congestion of population;
i iii. If any zoning changes are contemplated, the proposed zoning plan for
the areas, including dimensions, shall be shown. The proposed
zoning plans shall be for information only and not vest any rights in
the application for use other than residential;
v iv. A statement showing the proposed density with the method of
calculating said density also shown.
i- v. Where the subdivider owns property adjacent to that which is being
proposed for division, the City may require that the subdivider submit
a sketch plan or ghost plat of the remainder of the property so as to
show the possible relationship between the proposed division and a
future subdivision. All subdivisions shall be reasonably consistent
with the existing or potential adjacent subdivisions; and
vi. Where structures are to be placed on large or excessively deep lots,
which are subject to replat, the development subdivision plans shall
indicate placement of structures so that lots may be further
subdivided, in addition to a sketch plan that, illustrates a way in which
the lots can possibly be resubdivided.
(C) Pre -application Plan Review. The pre -application plan for the proposed subdivision shall be
reviewed by City staff. The City staff review of the proposed subdivision plan is to provide
the applicant with an opportunity to gather information and obtain guidance as to the general
suitability of his or her proposal for the area for which it is proposed and its conformity to
the provisions of this subchapter. The applicant shall not construe any of the information
provided by City at this point in the review process as an approval or denial of the proposed
subdivision but rather as information to guide the applicant through the next steps in the City
review process for the applicant's proposal.
SECTION 5. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 153: Subdivision Regulations by amending Section 153.11 by adding the
underlined language and removing the st ''>..4d,,.ough language as follows:
§ 153.11 VARIANCES; STANDARDS; PLATTING.
(A) Purpose. The City may grant a variance A vafianee May be gfan from the minimum
standards required by this chapter as they apply to a specific property where unusual hardship on
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the land exists,ut Vyariances may be granted only upon the specific grounds set forth in this
section. In granting any variance, the Planning Commission may recommend, and the Council
shall prescribe, the conditions as it deems necessary and desirable to protect the public interests.
In no case shall any of the procedural requirements of this chapter be waived nor shall a variance
be deemed to permit any waiver or avoidance of the procedural requirements.
(B) Planning Commission review. No variance shall be granted until the matter has been
considered by the Planning Commission. In making its recommendations and making the findings
set forth in paragraph (C) below, 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 probable effect of the proposed subdivision
upon would have on traffic conditions in the vicinity of the proposed subdivision.
(C) Findings. A variance shall be granted only where the City Council finds the variance is in
harmony with the general purposes and intent of this chapter and when the variance is consistent
with the Comprehensive Plan. The applicant also must establish that there is an unusual hardship in
complying with this chapter. "Unusual hardship" as used in connection with the granting of a
variance means as follows:
(1) that the property owner proposes to use the property in a reasonable manner not
permitted by this chapter-
(2) the plight of the property owner is due to circumstances unique to the property not
created by the property owner; and
(3) the variance, if granted, will not alter the essential character of the locality,
(2) That then ing ot the ,,ubl'. el fire ei-
ii�1ir eu-s-to ether prepefty,-ante
{x}--Thatffio-varianc-o OR ; f ur�u�iurd�lnip tel-a#irng-t�l-r.y
hu'fa "Ier. -e tke-laid
SECTION 6. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 153: Subdivision Regulations by amending Section 153.12 by adding the
underlined language and removing the atAilket.1-r-o— language as follows:
§ 153.12- VARIANCE PROCEDURES.
(A) Application. Requests for a variance to from the City's subdivision regulations set forth in
this chapter standards or-an--apPeal shall be filed with the City on an official application form. The
application shall be accompanied by a fee as established from time to time by resolution of the
City Council. The application shall also be accompanied by detailed written and graphic materials
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necessary for the explanation of the request. The Mplication also shall include all information
reouired for variances set forth in Sections 154.109 (C) of the Zoning Code. The .,ppheant shall
��3�-e�11-g�=apl3ic-s
(B) Hearing. The Planning Commission shall hold a public hearing on the variance request ii�
aeeerdai-we— k-tie- st— i ls set Bei2flh-ii3 the z de.
(C) Appearance of the applicant before the Planning Commission. The applicant or a
representative of the applicant shall appear before the Planning Commission in order to answer
questions concerning the proposed variance request.
(D) Findings-,, The Planning Commission shall make 4S the findings set forth in Section
154.11 (C) and make the considerations set forth in Section 154.11 (B) and make its
recommendation to the City Council die-a�tens- �o�-�'nm�o-te��st-aa4�
14ec-essafYte eaif et#,�:e.
(E) Approval/denial. Upon receiving the report and recommendation of the Planning
Commission, the City Council shall dec4dethef to approve or deny the request for a
variance. The City Council shall not gftff4 012rove or deny a variance until it has received
the report and recommendation ftom the Planning Commission of unless no report and
recommendation is received from the Planning Commission u-rrti4- and 30 days have gassed
since after• the application was accepted deemed complete by the City. The City Council shall
deeide w' etheN to approve or deny the request for a variance of ai appeal no later than 60
days after the Alin of the application was deemed complete by the CitX unless a time
extension is permitted h b Minnesota Statutes Section 15.99 State
Law.
(F) Written findings an opde . The City Council shall make written findings of fact and Of&
in granting or denying any application for a variance er appeM. In granting any variance or- makin
.ai+y-orde�-ated-te a-va}ianee ei appeal, the City Council shall impose any condition on its
gpproval of the variance that it considers necessary in order to protect the public health, safety, or
welfare.
(G) Notification of decision. The Planning Director or the City Clerk shall notify the
applicant of the Council's decision in writing. If the City Council deifies the variance, the
notification must include a statement of the reasons for denial.
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SECTION 7. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 154: Zoning Regulations by adding a new Section 154.0045 to read as follows:
154.0045 PREMATURE DEVELOPMENT AND SUBDIVISION PROHIBITED.
Any development, redevelopment, plat, or other subdivision of property may be denied by the City
Council if it is deemed by the City Council to be premature for development pursuant to the criteria
listed in. Section 153.025 of the Subdivision Ordinance. The burden of proof shall be on the
applicant, property owner, or subdivider to demonstrate to the City Councitthat the proposed
development, redevelopment, plat, or subdivision is not premature for development or
redevelopment.
SECTION 8. Effective Date. This ordinance shall become effective immediately upon adoption
and publication in the official newspaper of the City of Lake Elmo.
SECTION 9. Adoption Date. This Ordinance 08-247 was adopted on this 2nd day of March
2021, by a vote of Ayes and Nays.
LAKE ELMO CITY COUNCIL
Charles Cadenhead, Mayor
ATTEST:
Julie Johnson, City Clerk
This Ordinance 08- was published on the day of , 2021
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