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D013SEY & WHITNEY <br /> A Perr SH.P 1NCLODIMO P-68.0NAL COQW­9 <br /> 330 PABH AVENUE 220 SOUTH SIXTH STREET 201 FIRST AVENUE,S.W.,SUITE 340 <br /> NEW YORK.NEW YORK 10022 ROCHESTER,MINNBSOTA 33902 <br /> (212)413-9200 MINNEAPOLIS, MINNESOTA '55402-1498 (507)2418-3156 <br /> 1330 CONNECTICUT AVENUE.N.W. 612) 340-2600 1200 FIRST INTERSTATE CENTER <br /> WASBINOTON,D.C.20036 TELEX 29-0605 BILLINGS,MONTANA 39103 <br /> (202)857-0700 (406)252-3800 <br /> FAX(612)340-2869 <br /> 3 ORACECHCBCH STREET 307 DAVIDSON BUILDING <br /> LONDON BC3V OAT,ENGLAND OREAT PALLS,MONTANA 39401 <br /> 44-71-929-3334 MMU[lAM IL SO $ (406)727-3632 <br /> 36.RUE TRONCHET - l814 340-2 127 EAST FRONT STREET. <br /> 78009 PARIS,FRANCS MISSOULA,MONTANA 39802 <br /> 33-1-42-66-39.49 (406)721-6025 <br /> 35 SQUARE DE MEEUS October 13,,1992 - 801.GRAND.SUITE 3900 <br /> B-1040 BRUSSELS,BELGIUM DES MOINES,IOWA 50309 <br /> 32-2-504-46-11 (513)283-1000 <br /> Mr. Thomas D. Burt <br /> City Manager <br /> City of St. Anthony <br /> 3301 Silver Lake Road <br /> St. Anthony MN 55418 <br /> RE: Separation of Undersized Lots Held in Single Ownership <br /> Dear Tom: ..- <br /> This will confirm our discussions regarding the legal issues involved in the <br /> separation or division of two or more legally platted lots which have been held in single <br /> ownership for a such period. of-time that the current ordinances would make the lots <br /> nonconforming if they were owned separately. These questions are raised by the situation <br /> you asked about. Apparently, Anna G. Newgaard, at 3127 Silver Lake Road, owned Lots 18 <br /> and 19, Block 1, Bonnie View Heights, since 1954. As I understand it, these lots were <br /> covered by one tax parcel and there was only one tax statement for the property. The <br /> question now is whether the two lots (and the tax parcel) can be divided and conveyed to <br /> separate owners. <br /> I do not believe there is any specific provision in the ordinances stating that platted <br /> lots cannot be separated if it would make them nonconforming to do so. There is, <br /> however, case law in Minnesota to the effect that cities can prohibit the separation of <br /> legally platted lots if the lots would not conform to current zoning ordinances if separated. <br /> If St. Anthony wishes to add such a provision, we should include it in the new City Code. <br /> There can be some problems, however, with adding such a provision to your ordinances. <br /> The Planning Commission and Council should consider the issues carefully before <br /> making that decision. <br /> If the individual lots are conforming, of course, there is no issue; they can be <br /> separated and there would be no basis for the City to deny approval of the tax parcel <br /> division. In a case such as the Newgaard'property, however, these lots have.frontage on <br /> Silver Lake Road of only 66 feet, while the ordinances call for-75 feet. While owned as a <br /> single parcel, the two lots together clearly meet the requirements of the ordinance. If they <br /> are divided, each lot would have 9 feet less than the required frontage. One could argue <br /> that the lots are legally platted lots approved by the City in the plat of Bonnie View <br />