HomeMy WebLinkAboutFINAL ORDINANCE NO. 08-153CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-153
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
EXEMPTING SUBDIVISION OF PROPERTY RESULTING FROM ACQUISITION BY
GOVERNMENTAL AGENCIES FOR PUBLIC IMPROVEMENTS OR USES FROM THE
PLATTING PROCESS.
SECTION 1. The City Council of the City of Lake Elmo hereby amends Chapter 153:
Subdivision Regulations, Section 153.09: Exceptions to Platting, by inserting the
following:
(A) Minor subdivision. A minor subdivision is a division of land which results in no more
than 4 parcels wherein each resultant parcel complies with the city's minimum lot dimension and
public road frontage requirements for the zoning district in which the land is located.
(B) Lot line adjustment. A lot line adjustment is a division of land which results in no more
than 4 parcels wherein each resultant parcel does not comply with the city's minimum lot
dimension and/or public road frontage requirements for the zoning district in which the land is
located. The City Council hereby waives compliance with the city's platting regulations for lot
line adjustments which satisfy 1 of the following conditions:
(1) Each resultant parcel, when combined with an abutting parcel through a Tax Parcel
Consolidation Procedure approved by Washington County, equals or exceeds the minimum lot
dimension requirements and public road frontage requirements for the zoning district in which
the property is located;
(2) In those cases where the City Administrator determines that it is not reasonably possible
for each resultant parcel to comply with the provisions of division (B)(1) above, each resultant
parcel, when combined with an abutting parcel through a Tax Parcel Consolidation Procedure
approved by Washington County, is less non -conforming after the lot consolidation than it was
before the lot consolidation; or
(3) In those cases where, in regard to property which is zoned agricultural or rural
residential, the City Administrator determines that each resultant parcel will equal or exceed
minimum lot dimensions for the zoning district in which the property is located, but that 1 of the
resultant parcels cannot satisfy the minimum public road frontage requirements for the zoning
district in which the property is located, access to the noncomplying parcel is protected by a
restrictive covenant approved by the City Attorney which includes the city as a beneficiary.
(C) Subdivision of Property for Public Purpose. The subdivision of property resulting from
acquisition by governmental agencies for public improvements or uses.
(D) Application for minor subdivision/lot line adjustment. An application for a minor
subdivision or a lot line adjustment shall be submitted on forms provided by the City
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Administrator. The applicant will be responsible for all expenses incurred in obtaining the
required information, which includes the following:
(1) Name, address, and telephone number of the property owner/applicant and evidence of
title;
(2) A legal description of the parcel which is being subdivided and legal descriptions for
each of the resulting parcels; and, in regard to lot line adjustments, legal descriptions for the
consolidated parcels;
(3) A written description stating the reason for the request; and
(4) Aland survey prepared by and signed by a registered land surveyor describing the minor
subdivision and/or lot line adjustment and showing all buildings, driveways, easements,
setbacks, and other pertinent information including the legal descriptions herein required.
(E) Review of minor subdivision.
(1) A completed application shall be submitted to the Planning Commission for its review
and recommendation to the City Council.
(2) The City Council may attach reasonable conditions to its approval and shall require the
conveyance of necessary street, utility, and drainage easements on forms approved by the City
Attorney; and shall require the payment of a public use dedication fee.
(F) Review of lot line adjustment. A completed application shall be reviewed administratively
by the City Administrator who shall make a written finding in regard to the provisions of
division (B) above. The City Administrator's approval shall be conditioned upon tax parcel
consolidation. Prior to the issuance of any development permits, and no later than 60 days after
administrative review and approval, the applicant shall provide the City Administrator with the
verifications listed below. Failure to provide the required verifications shall invalidate the City
Administrator's approval:
(1) Recorded documents or recorded document numbers for the deeds of conveyance which
effectuate the lot line adjustment; and/or
(2) Proof that the Washington County Assessor has approved a Tax Parcel Consolidation
and has assigned a new tax parcel number for the consolidated parcel or parcels.
(G) Review of Subdivision of Property for Public Purpose. A completed application,
accompanied by a fully executed deed that designates a governmental agency as a grantee, shall
be reviewed administratively by the City Administrator who shall make a written finding in
regard to the provisions of paragraph (C) above and if the conveyance falls within the definition
of paragraph (C), the City Administrator shall approve the subdivision. The City Administrator's
approval shall be conditioned upon receipt of a copy of the recorded deed. Failure to provide a
copy of the recorded deed shall invalidate the City Administrator's approval.
SECTION 2. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
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SECTION 3. Adoption Date. This Ordinance 08-153 was adopted on this 20th day of
September, 2016, by a vote of 5 Ayes and 0 Nays.
LAKE ELMO CITY COUNCIL
Ike Pearson, Mayor
ATTEST:
Juli J nson, C ty Jerk
This Ordinance 08-153 was published on the 20b ay of CfJQPi1— , 2016.
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