HomeMy WebLinkAbout8C - Record Variances
AGENDA #:
PREPARED BY:
SUBJECT:
DA TE:
INTRODUCTION:
DISCUSSION:
STAFF AGENDA REPORT
8C
DONALD RYE
RECORDING VARIANCES AND CONDITIONAL USE
PERMITS
JULY 17,1995
Minnesota Statutes provide that variances and conditional use
permits be recorded on the title of the property for which the
variance or conditional use permit(CUP)has been granted. The
purpose of this report is to request direction from the City
Council regarding the City's role in this process.
Minnesota Statutes Chapters 462.3595, Subd. 4 and 462.36,
Subd. 1 require that variances and CUP's be recorded with the
County recorder or Registrar of Titles. The statutes do not,
however, require the City to do the actual recording. Since the
statute was amended in the late 1980's, the City has not
recorded the variances and CUP's which have been approved.
This does not create any particul.ar problem for the City
because City staff has access to City records which indicate
whether variances or CUP's have been approved. Many
communities have assumed this responsibility as a service to
the property owner affected by the variance or CUP.
Recording the action is beneficial to the current property owner
as well as to subsequent owners as the action becomes part of
the chain of title for the property and the existence of the
variance or CUP can be determined during a title search.
When staff considered this initially, there was some concern
because the County would not record the action on Torrens
property without the owners duplicate certificate of title. Staff
did not feel comfortable being in possession of the owners
duplicate because of the possibility of loss and the attendant
costs. Staff has recently learned that an amendment to the
applicable statute was approved in the last legislative session
which removes the need for the City to have the owners
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
duplicate in order to file the resolutions of approval.
The advantage in having the City file the resolutions is the
assurance that the approval will become part of the chain of
title to the property and future owners will be aware of the
City's action. The disadvantage will be the expenditure of some
staff time in bringing the resolutions to the Courthouse. It will
also be necessary to charge a recording fee to defray the
County recording fee and to recover some of the staff costs
incurred in the process. Based on the County fees and
required staff time, it is estimated that a recording fee of
$50.00 would be sufficient. This fee would be collected at the
time of application and would be refunded if the request were
denied. During the past 5 years, the City has processed an
average of 33 variances and 2 conditional use permits.
Staff is requesting Council direction on this matter.
ALTERNATIVES:
Council has the following alternatives:
1. Direct staff to assume responsibility for recording variances
and conditional use permits with Scott County and to charge a
recording fee of $50.00.
2. Direct staff to inform applicants of the statutory requirement
for recording but leave the actual recording to the discretion of
the property owner.
RECOMMENDATION: The recommendation is to approve alternative 1.
ACTION REQUIRED: Motion to direct staff to assume responsibility for recording
variances and conditional use permits with Scott County
and to charge a recording fee of $50.00.
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