A.

All buildings shall be placed on a parcel or lot in a location that will not obstruct future streets which may be constructed by the city and be in conformity with existing streets and adopted plans.

B.

Substandard lots of record shall be governed by Section 05. Nonconformities.

C.

Outlots are deemed unbuildable and no building permits shall be issued for such properties unless the outlot status is removed by the city council upon demonstration that the intended use complies with the provisions of this ordinance.

This section is to establish a procedure and standards for the review and approval of divisions of land in the City of East Bethel, and to ensure all divisions of the land in the city are consistent with the comprehensive plan and all applicable ordinances and regulations pertaining to subdivisions.

A.

Definition. Metes and bounds description. The description of the outside dimensions (boundaries) of a parcel of real property by distances and angles of bearings from designated landmarks or points. The term includes simple fractional or quantity parts of a full government subdivision or a lot which is part of a subdivision plat.

1)

A full government subdivision is described as a government lot, a quarter-quarter section, ad infinitum.

2)

A simple fractional part of a full government subdivision or of a platted lot is described as: one-half; two-thirds; one-fourth; or similar fractions.

3)

A simple quantity part of a full government subdivision or a platted lot is described as: 20 acres; 200 feet; ten chains; or similar quantities.

B.

Eligibility requirements. To be eligible for using metes and bounds divisions as outlined in this section, the following conditions must be met:

1)

The parcel must be a minimum of five acres.

2)

The parcel must have a minimum road front of 300 feet.

3)

The parcel must contain 23,000 square feet of buildable area as defined in other portions of this ordinance.

4)

Appropriate road, public utility, and drainage easements, as outlined in Ordinance 151 as amended, must be dedicated to the city.

5)

Park and trail dedication fees as adopted by the city council by resolution must be paid at the time of city certification of parcel division.

C.

Procedure.

1)

Application forms and fee. Application for review and approval of all metes and bounds divisions of land in the City of East Bethel must be made in writing to the zoning administrator or designated city representative. Application forms will be furnished by the city, to be completed by the applicants, and filed with the city's designated representative. An application fee to cover the city's cost of review, including the time expended by city staff, must be paid at the time an application is filed; the amount of the fee will be set by the city council by resolution from time to time.

2)

Map. All applications must be accompanied by a survey of the parcel to be divided, a map with soil borings to prove that the parcel to be divided meets the 23,000 square foot buildable area requirement, and a narrative indicating the reasons or purposes for the proposed division. At a minimum, the map must indicate the outside dimensions of the parcel to be divided, the outside dimensions of each of the resulting parcels, the locations of any easements or wetlands as defined by this ordinance, the location and dimensions of any existing buildings, as well as the legal description of the property and the parcel(s) to be divided.

3)

Additional information. An applicant must provide any additional information which is reasonably related to and necessary for a thorough analysis of the application information upon request of city staff, the planning commission, and/or the city council prior to approval of the division.

4)

Review. Each application will be reviewed by the city's designated representative and, if complete, referred to the city's planning commission together with city staff report on the application. The applicant must demonstrate that the division will comply with the city's comprehensive plan and all applicable ordinances and regulations in effect at the time. The planning commission will review the application and city staff report and make its recommendation to the city council.

5)

Approval. The city council will approve an application if it finds that the division will be consistent with the comprehensive plan and applicable ordinances and regulations. The council may attach conditions to its approval if the conditions will promote the goals and purposes of the comprehensive plan. If the council denies an application, it must adopt written findings supporting denial.

6)

Security. The city council may require the applicant to furnish security by posting a bond or other financial security acceptable to the city to secure the performance of one or more conditions of approval or division. If security is required, the amount, terms, and conditions will be determined by city staff.

7)

Certificate of approval. Following city council approval, payment of park dedication fees and compliance with all condition(s), the instrument creating the division will be certified by the city clerk-treasurer (or designated city representative) that the division has been approved and the city's seal affixed in order for the division to be entered in the county auditor's records and the instrument recorded in the county recorder's records. The metes and bounds division must be filed at Anoka County within 60 days of city council approval of the division. Failure to file or to request an extension to the city council will void the division.

8)

Building permits. Building permits will be not be issued in connection with any parcels of land created by metes and bounds division after the effective date of this ordinance unless the review and approval provisions herein set forth have been complied with and city council approval of the division has been granted.

(Ord. No. 19, Second Series, 5-5-2010)