2 Proposed Amend Chapter 18 CIT O
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Chanhassen, Minnesot~ 55317
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TO:
Planning Commission
FROM: Bob Generous, Senior Planner
DATE:
August 21,2001
SUBJ:
Proposed Section 18-37 Exemption
PROPOSAL SUMMARY
Staff is recommending that the subdivision ordinance be amended to require
that administrative subdivisions be recorded in a timely manner. While the
city would be assured of the recording if it recorded the documents, in some
instances, it may be necessary to permit'the property owner to record the
documents, such as those being done with the closing on a property sale.
EXISTING ORDINANCE
Section 18-37. Exemption.
(a) The zoning administrator shall certify that the following conveyances
are exempt from platting if the new and residual parcels meet the
minimum requirements of the zoning ordinance for a buildable lot and
are on an existing public street. The applicant shall furnish the city a
survey prepared and signed by a registered land surveyor for review:
(1) Dividing a platted lot to add a portion of the lot to an abutting
lot;
(2) Dividing a metes and bounds parcel to add a portion of the
parcel to an abutting parcel;
(3) In areas outside the Metropolitan Council's 1990 urban
services area, the separation of a parcel into two (2) or three
(3) parcels if all resulting parcels are capable of being further
subdivided into buildable lots under the zoning ordinance.
The Ci~, of Chanhassen. A W'owhtg community with clean lakes, quality schools, a charmin;~ downtown, thriving businesses, and beauti&l parks. A great place to live, work, and play.
Planning Commission
August 21,2001
Page 2
ANALYSIS OF PROPOSED ORDINANCE AMENDMENTS
The City attorney has advised staff that item one and two are not considered subdivisions
under state statute and they do not have to comply with subdivision requirements. Item
three is considered a subdivision because of the creation of new lots and, therefore, would
be required to meet the subdivision requirements were it not for the exemption.
Staff has prepared a strike through and bold format to show proposed changes to the
ordinance.
Section 18-37. Exemption.
(a) The zoning administrator shall certify that the following conveyances, known as
administrative subdivisions, are exempt from platting if the ncw and rcsidual
parccls meet thc minimum requircments of thc zoning ordinancc for a buildablc lot
and are on an e~xisting public strcct. The applicant shall furnish the city a survey
prepared and signed by a registered land surveyor for review:
(1)Dividing a platted lot to add a portion of the lot to an abutting lot;
(2)Dividing a metes and bounds parcel to add a portion of the parcel to an
abutting parcel;
(3)In areas outside the Metropolitan Council's 1990 urban services area, the
separation of a parcel into two (2) or three (3) parcels if all resulting
parcels are capable of being further subdivided into buildable lots under
the zoning ordinance.
and
(c) Upon approval of an administrative or metes and bounds subdivision, the
city shall notify the applicant of the approval and within thirty (30) days
thereafter, the applicant or the city attorney shall file the documents with the
county recorder and furnish the city evidence of such recording. Failure of
the applicant to comply shall be cause for revoking the city's approval.
RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of the amendment
to section 18-37 exemptions.
ATTACHMENTS
1. Ordinance Amending Section 18-37 City of Chanhassen Code
Planning Commission
August 21,2001
Page 3
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 18 OF THE
CHANHASSEN CITY CODE, THE CITY'S SUBDIVISION ORDINANCE
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Section 18-37 (a) of the Chanhassen City Code, is hereby amended:
(a) The zoning administrator shall certify that the following conveyances, known
as administrative subdivisions, are exempt from platting. The applicant shall furnish
the city a survey prepared and signed by a registered land surveyor for review:
(1)Dividing a platted lot to add a portion of the lot to an abutting lot;
(2)Dividing a metes and bounds parcel to add a portion of the parcel to an
abutting parcel;
(3)In areas outside the Metropolitan Council's 1990 urban services area, the
separation of a parcel into two (2) or three (3) parcels if all resulting
parcels are capable of being further subdivided into buildable lots under
the zoning ordinance.
Section 2. Add Section 18-37 (c)
Upon approval of an administrative or metes and bounds subdivision, the city
shall notify the applicant of the approval and within thirty (30) days thereafter, the
applicant or the city attorney shall file the documents with the county recorder
and furnish the city evidence of such recording. Failure of the applicant to
comply shall be cause for revoking the city's approval.
Section 3. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOIYI'ED by the Chanhassen City Council this
,2001.
day of
ATTEST:
Todd Gerhardt, Acting City Manager Linda C. Jansen, Mayor