Laserfiche WebLink
1 <br />Page 2 <br />The condominium law lrcventn the adoption of any zoning <br />subdivision or similar laws that would prohibit condominium <br />development but the law Jots not invalidate or modify any pro- I <br />visions of any zoning, subdivision, building code, ordinance, <br />charter provision or regulations relative to the development of <br />condominiums. <br />A condominium may be created only by recording a declaration <br />exci:utcd as a deed in the county involved. A description of a unit <br />which sets forth the number of the ron.b�minium, the count% in which <br />it is located, I:hu i.di:ntilyiiig rumi,Vi of tbo uric, is a sufficient <br />legal description of the real entai.0 ine:luded iu tho condominium. <br />Mounds Viuw Subdivision l(egul,Ati.un, Chapter 42,03(22), define <br />subdivision as the division of a parcel of land into two or more lots <br />or arcelss. Any change in property lines wl)HM necessitates City <br />approval bofore new deeds can be filed constitutes a subdivision. <br />42.03(5) defines a lot as a parcel or portion of land in a <br />subdivision separated from ollier parcels or portions by Tescription <br />for the purpose of sale or separate use thereof. <br />Further, the Mounds View 'Zoning Ordinance 40.04, Subd.oc(4) <br />provides that only one principal building may be located in a lot <br />(with certain exceptions). <br />It appears that at present there is only one specific <br />reference to condominiums in the municipal code which simply de: <br />same and referred to the state law relative to condominiums. The <br />state law can be interpreted to mean that each condominium unit <br />would be subject to the City's subdivision regulations and zoning <br />laws. Literal application of the subdivision laws to condominium <br />development would in effect prohibit condominium units since it <br />could be argued that each unit would require setbacks and other <br />restrictions. The state law clearly provides that a City cannot <br />prohibit a condominium development by its various ordinances. <br />Therefore, I would suggest that the Planning Commission study and <br />suggest the implementation of amendments to the zoning and sub- <br />divisie:: re -Options and nnecibly the bltildi:' CJdL- to uuntrol <br />the construction of condominium developr,:ent in the City. <br />Since the Mounds View Code provides that only one principal <br />building can be constructed on a lot, if a proposal is submitted <br />for the construction of two or more buildings.on a lot that are <br />to be condominiimized, it will be necessary that the property be <br />either subdivided or that a planned unit development be approved <br />by the City. Individual buildings, of course, would still have <br />to conform to the :zoning and subdivision regulations of the City <br />as to parking, setbacks and other provisions.,, / <br />Yours truly, <br />Richard Mayovs. ' <br />Mounds View City Attorney <br />