The provisions of this article establish regulations for the subdivision and platting of land within the city; defining certain terms used therein; providing for the preparation of plats; providing for the installation of utilities, streets and other improvements; providing for the dedication of certain land for parks and playgrounds; and establishing procedures for the approval and recording of plats.

(Code 2015, § 11.01(1); Ord. of 4-28-1980)

In order to safeguard the best interests of the community and to assist the subdivider in harmonizing his interests with those of the city at large, the following regulations are adopted in order that adherence to same will bring results beneficial to both parties. Because each new subdivision becomes a permanent unit in the basic unit structure of the expanding community, and to which the community will be forced to adhere, and because piecemeal planning of subdivisions will bring an undesirable disconnected patchwork of pattern and poor circulation of traffic unless its design and arrangement is correlated to a master plan of the city aiming at a unified scheme of community interests, all subdivision of land hereafter submitted for approval to the planning commission shall, in all respects, fully comply with the regulations hereinafter set forth in this article. It is the purpose of the chapter to make certain regulations and requirements for the platting of land within the city pursuant to the authority contained in M.S.A. chs. 429, 471, and 505, which regulations the city council deems necessary for the health, safety and general welfare of this community.

(Code 2015, § 11.01(2); Ord. of 4-28-1980)

The regulations herein governing plats and subdivision of lands shall apply within the corporate limits of the city and any areas beyond the corporate limits in which the city has authority to approve plats and subdivisions.

(Code 2015, § 11.01(3); Ord. of 4-28-1980)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alley means a public right-of-way which affords a secondary means of access to abutting property.

Block means an area of land within a subdivision that is entirely bounded by streets and the exterior boundary or boundaries of the subdivision, or a combination of the above with a river or lake.

City engineer means a professional engineer as designated by the city manager.

Comprehensive development plan means the comprehensive plan prepared and adopted by the planning commission and approved by the council, which indicates the general locations recommended for the various functional classes of public works, places and structures and for the general physical development of the city and included any unit or part of such plan separately adopted and any amendment to such plans or parts thereof.

Define standards means the specifications to landowners or subdividers for the preparation of plats, both preliminary and final, indicating among other things, the optimum minimum or maximum dimensions of such items as right-of-way, blocks, easements, and lots.

Deflection point means the angle between a line and the prolongation of the preceding line.

Easement means a grant by a property owner for the use of a strip of land for the purpose of constructing and maintaining utilities, including, but not limited to, electric lines, telephone lines, storm sewer or storm drainageways, gas lines and walkways.

Final plat means a drawing or map of a subdivision, meeting all the requirements of the city and in such form as required by the city for the purposes of recording.

Hardshell refers to the white mat card stock on which a final plat is prepared and when appropriate signatures are affixed, is presented to the county recorder for official recording.

Lot is defined in section 10-2.

Mylar refers to a reproducible copy of the plat which is produced by a photographic process.

Pedestrian way means a public or private right-of-way across a block or within a block to provide access, to be used by pedestrians and which may be used for the installation of utility lines.

Percentage of grade, on street centerline, means the distance vertically (up or down) from the horizontal in feet and tenths of a foot for each 100 feet of horizontal distance.

Planning agency is defined in section 10-2.

Planning commission means the planning commission of the city.

Preliminary plat means the preliminary map, drawing or chart indicating the proposed layout of the subdivision to be submitted to the planning commission for its consideration.

Protective covenants means contracts made between private parties as to the manner in which land may be used, with the view to protecting and preserving the physical, social and economic integrity of any given area.

Sepia refers to a reproducible copy of the plat which can be produced by processing through a blue line machine.

Street means a public right-of-way affording primary access by pedestrians and vehicles to abutting properties, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place, or however otherwise designated.

Street cul-de-sac means a minor street with only one outlet and having an appropriate terminal for the sage and convenient reversal of traffic movement.

Street frontage roads means minor streets which are parallel and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.

Street local street means streets which serve to provide access to abutting properties from the higher order systems.

Street urban collector means streets which distribute trips from the arterials through the area to the ultimate destination which may be on a local street.

Street urban minor arterial means a street which interconnects with and augments the urban principal arterial system and provides service to trips of moderate length with lower level of travel than principal arterials. This system distributes travel to smaller geographical areas than the principal arterial.

Street urban principal arterial means a street which serves the major center of activity of a metropolitan area, contains the highest traffic volume corridors, and has the longest trips.

Street width means the shortest distance between lines of lots delineating.

Subdivision means a described tract land which is to be divided into two or more lots or parcels, any of which resultant parcels is less than 20 acres in area, for the purpose of transfer of ownership or building development or, if a new street is involved, any division of a parcel of land. The term includes a resubdivision and, where it is appropriate to the context, related either to the process of subdividing or to the land subdivided.

Tangent means a straight line projected from the ends of two curves, which is perpendicular to a line in each curve drawn from the radii point to the end of the curve.

USGS datum refers to the United States Geodetic Survey Datum.

Vertical curve means the surface curvature on a street centerline located between lines of difference percentage of grade.

(Code 2015, § 11.02; Ord. of 4-28-1980; Ord. of 1-8-1995)

Prior to the filing of an application of a preliminary plat, the owner and his surveyor/engineer shall meet with the city engineer and planning director for informal discussion of the proposed plat. As far as may be practical on the basis of informal discussion, the city engineer and planning director will advise the owner as to the extent which a proposed subdivision concept conforms to the comprehensive development plan and suggest possible plan modifications necessary to ensure conformance. In addition to informal review of the concept, the owner shall be notified of the kind and extent of improvements to be made by him as part of a subdivision agreement.

(Code 2015, § 11.03(1); Ord. of 4-28-1980)

If there is a disagreement between the owner/developer and the staff during the concept plan review, either the owner/developer or the staff may request that the planning commission review the proposed subdivision and make a determination as to whether the proposed development concept is acceptable.

(Code 2015, § 11.03(2); Ord. of 4-28-1980)

Before any lot or parcel less than five acres in area may be conveyed of record or simultaneous with any unplatted land transferred from one zoning district to another zoning district, the owner shall file with the zoning administrator at least 15 working days before a regular meeting date of the planning commission.

(1)

A completed subdivision application including payment of fees.

(2)

Four prints of a preliminary plat, one of which shall be a reproducible sepia.

(3)

An up-to-date abstract of title or registered property report showing title in the applicant, or an option to buy the property shown on the preliminary plat.

(4)

Other supplementary material as enumerated in this article.

(Code 2015, § 11.03(3); Ord. of 4-28-1980)

Upon receipt of the above information, the zoning administrator shall place the proposed plat on the agenda of the next regular planning commission meeting and notify the subdivider, the owners of record of the property immediately adjoining the land within the plat and other property owners as required by state statute, of such meeting date. The planning commission shall, within a reasonable time, pass upon the preliminary plat as originally submitted or modified. If approved, the planning commission shall express its approval as conditional approval and state the conditions of such approval, if any, or if disapproved, shall express its reasons therefor. Such approval or disapproval shall be transmitted to the council and the council shall approve or disapprove the preliminary plat. Approval means the acceptance of the preliminary as a basis for preparation of a final plat.

(Code 2015, § 11.03(4); Ord. of 4-28-1980)

A final plat, conforming substantially to the preliminary as approved, shall be submitted to the zoning administrator at least 15 days before a regularly scheduled meeting of the planning commission. The zoning administrator shall place the final plat on the agenda of the next regular planning commission meeting and send notices as are required.

(Code 2015, § 11.03(5); Ord. of 4-28-1980)

Four prints of such final plat, one of which shall be reproducible sepia. Such final plat shall be prepared and presented in accordance with provisions of state statutes and county regulations.

(Code 2015, § 11.03(6); Ord. of 4-28-1980)

The owner may file a final plat limited to such portion of the preliminary plat which he proposed to record and develop at the time, provided that such portion conforms to all requirements of this article.

(Code 2015, § 11.03(7); Ord. of 4-28-1980)

When a final plat meets all of the conditions of this article, the planning commission shall recommend approval to the council and the council shall act thereon. Following final approval or disapproval by the council, the planning agency shall notify the owner or subdivider of the council's action and each final plat, when duly certified, signed and acknowledged by the planning commission and council, shall then be recorded by the owner in the office of the county recorder. After the final plat has been filed by the county recorder, the owner shall provide the city engineer with a Mylar copy of the final as executed.

(Code 2015, § 11.03(8); Ord. of 4-28-1980)

Approval of a preliminary plat shall become null and void if a final plat has not been submitted for all or part of the preliminary within one year from the approval of the preliminary plat by the council.

(Code 2015, § 11.03(9); Ord. of 4-28-1980)

The following information shall be submitted with or on the preliminary plat.

(1)

Identification and description.

a.

Proposed name of subdivision, which name shall not duplicate the name of any plat heretofore recorded in the county.

b.

Location by section, township and range, or by other legal description.

c.

Names and addresses of the owner and subdivider control of the lands included in the preliminary plat, the designer of the plat and the surveyor.

d.

Graphic scale, not less than one inch to 100 feet.

e.

North point, designated as true north.

f.

Date of preparation.

(2)

Existing conditions.

a.

Boundary line survey, unless waived by the planning agency, including measured distances and angles, which shall close by latitude and departure with an error of closure not exceeding one foot in 10,000 feet.

b.

Total acreage in the preliminary and individual lots, computed to 0.01 of an acre.

c.

Location and names of existing or platted streets or other public ways, parks or other public open spaces, permanent buildings and structures, easements and section and corporate lines within the tract and to a distance of 100 feet beyond the tract.

d.

If the proposed subdivision is a rearrangement or a replat of any former plat, the lot and block arrangement of the original plat along with its original name shall be indicated by dotted or dashed lines. Also, any revised or vacated roadways of the original plat shall be so indicated.

e.

Location and size of existing paved streets, railroads, sewers, water mains, quarries, gravel pits, culverts, or other underground facilities within the tract and to a distance of 100 feet beyond the tract. Also such data as grades, invert elevations and location of catchbasins, manholes, and hydrants.

f.

Boundary lines of adjoining platted or unplatted land and owners of all tracts of land within 100 feet.

g.

Complete topographic map with contour intervals not greater than two feet, watercourses, marshes, rock outcrops and other significant features; all superimposed on at least two prints of the preliminary. United States Geodetic Survey Datum shall be used for all topographic mapping. High water elevation and date thereof if part or all of plat adjoins a watercourse.

h.

A separate copy of restrictive covenants, if any, of all adjoining subdivisions.

(3)

Design features.

a.

Layout of streets, showing right-of-way widths and names.

b.

Locations and widths of alleys, pedestrian ways and utility easements.

c.

Proposed centerline grades of streets and alleys, if any, showing both existing and proposed grade lines.

d.

Location, size and approximate gradient of sewer lines.

e.

Location, size and valving of water lines.

f.

Location and size of drainage facilities and general grading plans.

g.

Layout, lot and block numbers, and typical lot dimensions scaled to the nearest foot.

h.

Areas other than those mentioned above intended to be dedicated for public use, including size.

i.

A draft of proposed restrictive covenants, if any are contemplated.

(Code 2015, § 11.04; Ord. of 4-28-1980)

(a)

The planning commission, in its review of a preliminary plat, will take into consideration the requirements of the community and the best use of the land being subdivided. Particular attention will be given to the arrangement, location and widths of streets, the general drainage situation, lot sizes and arrangement, as well as comprehensive development plan requirements for parks, school sites and streets, but not limited to, these.

(b)

The preliminary plat shall cover all of the subdividers contiguous land, but the final plat may cover only a portion of the preliminary plat, provided it is in conformance with the approved preliminary plat and other requirements herein.

(c)

Where the parcel is subdivided into larger tracts than for building lots, such parcels shall be divided so as to allow for the opening of major streets and the ultimate extension of adjacent minor streets.

(d)

Drainage shall be provided for in the subdivision by adequate storm drains or by maintenance of natural drainage channels.

(e)

Where surface water runoff will be increased because of proposed development, beyond the capacity of existing storm systems, stormwater holding areas, ponds, or existing drainage channels shall be dedicated. The dedication may not be considered as part of the required public open space dedication.

(f)

Subdivisions showing unplatted strips or private streets controlling access to public ways shall not receive approval.

(Code 2015, § 11.05(1); Ord. of 4-28-1980)

(a)

The arrangement, character, extent, width and location shall conform to the comprehensive development plan, the approved standard street sections and all applicable ordinances, and shall be considered in their relation to existing and planned streets, to reasonable circulation of traffic, to topographical conditions, to runoff of stormwater, to public convenience and safety and in their appropriate relation to the proposed uses of the area to be served.

(b)

Street right-of-way widths shall be as shown in the comprehensive development plan and where not shown therein, shall be not less than as follows:

(c)

Local streets in planned developments may have an approved right-of-way of 40 feet under the following conditions:

(1)

Ten-foot utility easements are provided on each side of the right-of-way.

(2)

Sidewalks and pedestrian paths are built as part of the initial development, off the street right-of-way.

(3)

Suitable off-street parking space is provided to compensate for ban of off-street parking.

(Code 2015, § 11.05(2); Ord. of 4-28-1980)

(a)

Easements at least 20 feet wide centered on exterior lot lines and ten feet wide centered on interior lot lines, shall be provided for utilities, where necessary. Easements shall have continuity of alignment from block to block and at deflection points.

(b)

Where a subdivision is traversed by a watercourse, drainageway, channel or stream, stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse shall be provided, together with such further width or construction, or both, as will be adequate for the stormwater drainage of the area.

(Code 2015, § 11.05(4); Ord. of 4-28-1980)

(a)

The maximum length of blocks shall be 1,200 feet. Blocks over 600 feet long may require pedestrian ways at least ten feet wide at their approximate centers. The use of additional access ways to schools, parks and other destinations may be required.

(b)

Residential blocks shall normally be of sufficient width for two tiers of lots.

(c)

Blocks intended for commercial and industrial use shall be designed as such.

(Code 2015, § 11.05(5); Ord. of 4-28-1980)

(a)

Corner lots in residence districts R-1 and R-2 shall have at least ten feet extra width and sufficient depth for establishing building setback on both streets.

(b)

All lots shall have at least the minimum of 30 feet required frontage on a publicly dedicated street.

(c)

Side lot lines shall be substantially at right angles or radial to the street line.

(d)

Double-frontage or lots with frontage on two parallel streets shall be avoided except where essential to provide separation of residential development from traffic arteries or to overcome topographic or other conditions which render subdividing otherwise unreasonable. Such double-frontage lots shall have an additional depth of at least 20 feet in order to allow space for screen planting along the rear lot line.

(e)

Lots intended for commercial, industrial and multiple dwelling unit use shall be designed as such and the lot must be of adequate size to allow off-street parking, loading areas and such other facilities as are required to satisfy the requirements of chapter 6.

(f)

Lots abutting on a watercourse, drainageway, channel or stream shall have an additional depth or width, as required, to ensure building sites that are not subject to flooding at the level of the 100 year flood, as determined by the U.S. Army Corp. of Engineers.

(Code 2015, § 11.05(6); Ord. of 4-28-1980)

(a)

All new subdivisions shall dedicate land for public use such as parks, playgrounds or other open space use according to the following types of subdivisions:

(1)

Residential subdivision of up to ten dwelling units per gross acre: five percent of the total gross area.

(2)

Residential subdivision in excess of ten dwelling units per gross acre: seven percent of the total gross area.

(3)

Commercial and industrial subdivision: five percent of the gross area.

(b)

The term "new subdivision" shall not apply where property lines are being surveyed for the purpose of correcting previous descriptions, situations where individuals are buying or selling land only to increase their yard space for individual properties or the resubdivision of an area where a previous dedication was made.

(c)

Where a proposed park, playground or open space, as shown on the comprehensive development plan, is located in whole or in part in a subdivision, the council may require the dedication of such area within the subdivision in those cases where the council deems such requirements to be reasonable.

(d)

When in the judgment of the planning agency, a subdivision is of insufficient size to include an area for park and playground or the subdivision is not designated as an area for playground or park in the comprehensive development plan, the owner or subdivider, in lieu of property dedication, shall pay to the city a sum of money equal to the required dedication percentage multiplied by the gross value of the subdivision. The gross unimproved value of the subdivision shall be determined in accordance with the intended use of the property. The city shall request the county assessor to establish a market value on the proposed use minus any improvements. Payment to the city of the required open space dedication, whether in dedicated property monies, shall be accomplished by the property owner or subdivider at the time of final platting, provided further that where money in lieu of land is to be paid to the city, such money may be paid in a manner established by policy of the council. In no case shall the plat be signed or building permit issued for any lot within the subdivision until such transfer of land or payment in lieu of land has been completed. Any money paid to the city shall be placed in a special fund to be used for the acquisition of land for parks and playgrounds only.

(Code 2015, § 11.05(7); Ord. of 4-28-1980)

(a)

Subdivision boundary lines (including measured distances and angles, which shall close by latitude and departure with an error of closure not exceeding one foot in 10,000 feet), street rights-of-way, easements, lot lines, lines of all other sites and of all reservations; with accurate dimensions. Points on the boundary of the final plat shall be shown as coordinate value of the state plane coordinate system when such coordinate system becomes available.

(b)

Dimensions of the plat shall be one inch equals 100 feet.

(c)

When there is more than one sheet, an index sheet shall be attached, showing the entire subdivision, including boundary and streets, at an appropriate scale. On each sheet, there shall be match lines for matching all adjoining sheets.

(d)

Municipal, township, county, or section lines accurately tied to the lines of the subdivision by distance and angles.

(e)

Streets and roadways to be named and the names indicated on the plat. A sequence of street naming shall be followed, consistent to the pattern that has been established by policy in the particular area under consideration. All dimensions shall be shown for streets, roadways, etc. Horizontal curve data shall be indicated by radius and degree. Chord bearings and lengths of all arcs shall be shown.

(f)

The boundary line of the property to be included within the plat is to be fully dimensioned; all angles of the boundary to be indicated; all monuments and surveyor's irons to be indicated; each angle point of the boundary perimeter to be so monumented. Location and ties of monuments that cannot be set at proper location because of physical hardship shall be delineated on the outside boundary of the final plat.

(g)

Pipes or steel rods shall be placed at each corner of each lot and at each intersection of street centerlines. All federal, state, county, or other official benchmarks, monuments or triangulation stations in or adjacent to the property shall be preserved in precise position and shall be recorded on the plat. All lot and block dimensions shall be shown on the plat and all necessary angles pertaining to the lots and blocks, as an aid to future surveys, shall be shown on the plat. No ditto marks will be permitted in indicating dimensions.

(h)

Lots are to be numbered in numerical order and in tracts containing more than one block, the blocks are to be numbered in numerical order.

(i)

Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, or for the exclusive use of property owners within the subdivision, with the purposes indicated therein.

(j)

In case of a rearrangement or replat, the original platting of the subdivision shall be shown in dotted lines.

(k)

Low land and water areas shall be indicated by proper identification symbols. Floodway and flood fringe zones shall be shown as delineated by current floodplain maps.

(l)

All easements for utilities and drainage, being of record, of nonrecorded agreement or intended for dedication shall be indicated and dimensioned.

(m)

The name of the subdivision shall be lettered in prominent print at the top of the plat, together with the name of the city, township and county wherein the subdivision lies. The name of the subdivision shall be simple in nature, easy to pronounce and shall not duplicate in exact name any plat of record in the city or the county.

(n)

Notarized certification by a registered land surveyor to the effect that the plat represents a survey made by him and that monuments and markers shown therein exist as located and that all dimensional and geodetic details are correct.

(o)

Notarized certification by owner, and by any mortgage holder of record of the adoption of the plat and the dedication of streets and other public areas.

(p)

Certification showing all delinquent taxes and special assessments due on the property have been paid in full.

(q)

Forms of approval, available in the office of the city clerk, shall be as determined from time to time by the city council.

(Code 2015, § 11.06; Ord. of 4-28-1980)

(a)

Before a final plat is approved by the council, the owner and subdivider of the land covered by the plat shall execute and submit to the council an agreement which shall be binding on his or their heirs, personal representatives and assigns, that he will cause no private construction to be made on the plat or file or cause to be filed any application for building permits for such construction until all improvements required under this article have been made or arranged for in the manner following as respects the streets to which the lots sought to be constructed have access.

(b)

The agreement shall provide that all of the required improvements will be made in accordance with standards established by the city engineer, and shall include adequate provisions in the form of escrow deposits or other form of deposit acceptable to the city council; to ensure that all improvements accomplished by the subdivider will comply with such standards.

(c)

The agreement shall provide that the subdivider shall make an advance payment to the city of a percentage of the estimated total costs of those improvements which are to be accomplished by the city, the amount of such advance payment shall be determined by the city council, terms for payment of the balance of the total cost shall be provided in the agreement.

(d)

Approval of the final plat and agreement of the city council shall be contingent on the deposit of those sums to the city required by the agreement. No signatures indicating the city's approval of the plat will be affixed to the plat until such sums have been deposited with the city clerk.

(e)

Before the subdivider makes any sale, conveyance or assignment of any lot or parcel in the subdivision, the city clerk shall have on file a notarized copy of a concurrence document wherein the subsequent owner acknowledges that he has seen and accepted the basic improvements agreement and that he agrees to such improvements and the assessment of their cost. The concurrence document shall be attached to and made a part of the subdivision basic improvements agreement made between the subdivider and the city.

(Code 2015, § 11.07(1); Ord. of 4-28-1980)

(a)

Sanitary sewers shall be installed to serve all properties in the subdivision where a connection to the city sewer system is available at the boundary of the subdivision.

(b)

Storm drains shall be constructed to serve all properties in the subdivision where a connection to the city storm drainage system is available or can be developed at the boundary of the subdivision.

(c)

If approved by the city council, both storm drain and sanitary sewer may be installed under contract by the city after petition for same by the owner. The cost shall be assessed against all lots in the subdivision over a period of not to exceed ten years unless otherwise determined by the city council.

(d)

All construction must conform to the standards of the city for such work.

(Code 2015, § 11.07(2); Ord. of 4-28-1980)

(a)

Where a connection to the city water system is presently available at the boundary of the subdivision, water distribution facilities, including fire hydrants, shall be installed to serve all properties within the subdivision. Water mains shall be a minimum of eight inches in diameter and shall meet all city standards therefor.

(b)

If approved by the city council, water mains may be installed under contract by the city after petition for the same by the owner. The cost shall be assessed against all lots in the subdivision over a period of not to exceed ten years, unless otherwise determined by the city council.

(Code 2015, § 11.07(3); Ord. of 4-28-1980)

Petitions for right-of-way grading, base preparation, curb and gutter, pavement and sidewalks, covering all streets in the subdivision shall be filed, or if these improvements are to be installed by the owner or subdivider under contract, a cash deposit or bond covering the cost, as estimated by the city engineer, shall be made in accordance with section 10-2244(d).

(Code 2015, § 11.07(4); Ord. of 4-28-1980)

(a)

Boulevard trees will be mandatory. The developer shall submit a planting plan during the preliminary review of the proposed subdivision. Such plan shall describe species of planting, height, diameter of trunk and distances between plantings.

(b)

Trees may be planted within the boulevard but shall not be planted in utility easements.

(c)

Trees shall be spaced a minimum of 30 feet apart.

(d)

Trees shall not be planted within 30 feet of street intersections.

(e)

Trees will be a minimum size of 1.75 inches to two inches in diameter. Tree diameter is measured six inches above ground level.

(f)

Trees shall not be planted within three feet of private utility hook-ups, utility mains, and concrete drives or walks.

(g)

Property owners will be responsible for the care of the trees.

(h)

Trees used for street planting must be compatible with the local landscape conditions and not presently under disease epidemic. Prohibited tree species include all conifer, evergreen, poplar, box elder, elm, silver maple and fruit bearing trees.

(Code 2015, § 11.07(5); Ord. of 4-28-1980)

All electrical distribution systems, telephone transmission systems and community antenna television systems serving subdivisions which are platted pursuant to the provisions of this article shall be installed as per requirements stated in chapter 14, article II.

(Code 2015, § 11.07(6); Ord. of 4-28-1980)

(a)

The planning commission may recommend to the council a variance from the provisions of division 5 of this article when, in its opinion, undue hardship may result from strict compliance. In granting any variance, the council shall take into account the nature of the proposed use of land, the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be granted unless the council finds:

(1)

That there are special circumstances or conditions affecting the property such that strict application of the provisions of this article would deprive the applicant of the reasonable use of his land.

(2)

That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner.

(3)

That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated.

(4)

That strict application of the subdivision regulations would create an undue hardship on a property owner as opposed to a mere inconvenience.

(b)

Recommendations of variances to the council shall list findings of fact and reasons substantiating the finds of fact.

(Code 2015, § 11.08; Ord. of 4-28-1980)

Upon receiving a report from the planning commission, the council may grant a variance from the provisions of these regulations in the case of a planned unit development, as defined in article XI, division 4, of this chapter, provided that a conditional use permit approving such planned unit development had previously been granted or that such conditional use permit is under consideration at the same time as the platting of the property.

(Code 2015, § 11.09; Ord. of 4-28-1980)

All registered land surveys filed with the zoning administrator shall be subject to the same procedure as required for the filing of a plat. The standards and requirements set forth in this article shall apply to all registered land surveys. Unless the governing body shall approve, a registered land survey shall not be used to divide a parcel of land into tracts for the purpose of transfer of ownership or building development, if any of the tracts do not have minimum lot area or required frontage on a dedicated public street.

(Code 2015, § 11.10; Ord. of 4-28-1980)

Final approval of any plat or registered land surveys under the provisions of this article shall not relieve the developer or property owner of any obligation to meet all requirements contained in this chapter. Any provision of this article which is more restrictive shall apply.

(Code 2015, § 11.11; Ord. of 4-28-1980)

The preliminary and final plat shall be accompanied by a fee as may be established by resolution of the city council and provided in the city fee schedule.

(Code 2015, § 11.12; Ord. of 4-28-1980; Ord. of 10-12-1992)

The city, as enabled by M.S.A. § 462.358, subd. 1a, hereby extends the subdivision regulations of this chapter to unincorporated territory located within two miles of the city limits.

(Code 2015, § 11.13(intro. ¶); Ord. of 9-27-1993)

Where two or more residential, commercial or industrial main use structures are located on one described parcel, the extension of this chapter shall not apply to the subdivision of such parcel if the purpose of the subdivision is to create separate parcels for each residential, commercial or industrial main use structure. In no case shall the application of this exception allow the creation of a vacant parcel. This exception shall only apply to those residential, commercial or industrial main use structures which were in existence at the time of the enactment of the ordinance from which this section is derived (September 27, 1993).

(Code 2015, § 11.13(1); Ord. of 9-27-1993)

The planning director and city engineer may administratively approve the division of platted property, provided all requirements of article XI of this chapter and article XII, division 3, of this chapter are satisfied and the division is accomplished by a maximum of two straight lines.

(Code 2015, § 11.14; Ord. of 9-27-1993)