HomeMy WebLinkAbout02-09-98REGULAR PLANNING COMMISSION AGENDA
MONDAY, FEBRUARY 9, 1998
6:30 p.m.
Call Meeting to Order:
Roll Call:
Approval of Minutes: (The minutes of the 1/26/98 Planning Commission
Meeting have not been completed at this time; therefore, no action is required.)
Public Hearings:
A. Consider approval of a Preliminary Plat to be known as Woodridge Estates
4th Addition, consisting of 2.79 acres to be subdivided into 2 lots for
single family dwellings and 1 outlot (Case #98-004).
Old Business:
New Business:
A. Review 1997 Variance Summary Report
B. Discussion on Proposed Official Map for the Ring Road between Franklin
Trail and Tower Avenue
Announcements and Correspondence:
Adjournment
16200 E~e[~re[~ ~ v~e. ~.~.,5~r~ior ~a~e, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING:
DATE:
PLANNING REPORT
4A
PUBLIC HEARING TO CONSIDER APPROVAL OF A
PRELIMINARY PLAT TO BE KNOWN AS WOODRIDGE
ESTATES 4TH ADDITION
JANE KANSIER, PLANNING COORDINATOR
X YES NO-N/A
FEBRUARY 9, 1998
INTRODUCTION:
The purpose of this public hearing is to consider an application for a preliminary plat for
the 2.79 acre site located at the intersection of Mushtown Road and Ridgewood Court,
just west of The Ponds Athletic Complex and east of Parkwood Drive. The preliminary
plat, to be known as Woodridge Estates 4th Addition, is the final phase of the
Woodridge development.
ANALYSIS:
Applicant:
John Mesenbrink
Mesenbrink Construction
7765 175th Street East
Prior Lake, MN 55372
Project Engineer:
Hanson Thorp Pellinen Oison Inc.
7565 Office Ridge Circle
Eden Prairie, MN 55344-3644
Location of Property:
This property is located on the east side of
Ridgewood Court, north of Mushtown Road and
directly west of The Ponds Athletic Complex.
Existing Site Conditions:
The site is fairly level, and contains a wetland
approximately 1.5 acres in size. The existing
significant trees on the site are located along the
southern boundary of the plat, adjacent to Mushtown
Road.
Zoning and Land Use
Designation:
The property is zoned R-1 (Suburban Residential).
The 2010 Comprehensive Plan identifies this
property as R-LMD (Urban Low to Medium Density
Residential).
Adjacent Land Use and
North: Single family lots in Woodridge Estates 3rd
1:\98files\98su bdiv\preplat\wood rdg4\woodr4.pc.doc Pa(~e 1
16200 Eagle Creek Ave. S.E.. PriorLake, M~nnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612}'447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Zoning:
Proposed Development:
Streets/Access/Circulation:
Grading/Erosion Control:
Drainage/Storm Sewer/
Water Quality:
Wetlands:
Sanitary Sewer and
Watermain:
Addition, zoned R-1.
South: Across Mushtown Road are large rural lots,
located outside of the Prior Lake City limits.
East: The Ponds Athletic Complex, zoned R-I.
West: Single family dwellings in Woodridge Estates
3rd Addition, zoned R-I.
The proposed plat consists of 2.79 acres to be
subdivided into 2 lots for single family dwellings and
one outlot. The total density of this development is
1.4 units per acre, which is well below the maximum
permitted density of 3.5 units per acre.
The proposed lots are 22,258 square feet and
17,408 square feet in area, and the frontage on the
lots is also at least 86 feet. The minimum lot size in
the R-1 district is 12,000 square feet and the
minimum frontage requirements is 86 feet. Both of
the proposed lots are consistent with these
standards. Outlot A is 1.88 acres in area, and
primarily consists of wetlands.
There are no new streets located within this plat.
Access to the lots is from Ridgewood Court, which
was platted as part of Woodridge Estates 3rd
Addition.
The only grading on this site is for the house pads
on Lots 1 and 2. The applicant has submitted a
preliminary grading plan which, for the most part,
meets City standards. The grading plan also
indicates each of these lots will be custom graded,
meaning more detailed grading plans will be
required at the time a building permit is obtained.
This site generally drains towards the s~uth and
east, to the wetland area on Outlot A. ~ere is an '/
existing storm sewer system located in Ridgewood
Court.
There is a 1.5 acre wetland located on this site, in
Outlot A. The developer does not intend to disturb
this wetland.
Sanitary sewer service and water service are
located along the westerly boundary of this plat in
Ridgewood Court. There are three existing service
lines to this property, two serving Lot 1, and one
serving Lot 2. One of the service lines to Lot 1 must
be abandoned.
1:\98fi[es\98su bdiv\preplat\woodrdg4\woodr4pc.doc Page 2
Easements:
The Developer will be required to dedicate drainage
and utility easements over the wetlands, as shown
on the preliminary plat.
Tree Preservation:
This development is subject to the provisions of
Section 6.16 (Tree Preservation) of the Zoning
Ordinance. The applicant has provided an inventory
as required by this ordinance, which shows the
majority of significant trees located along the south
boundary of the plat. There is one 6" maple on Lot 1
which will be removed for the house pad on the site.
These 6 caliper inches total 2.2% of the total caliper
inches on the site. The Tree Preservation
Ordinance allows removal of 25% of the caliper
inches, so no tree replacement will be required.
Landscaping:
This development is also subject to the
requirements of Chapter 7 of the Subdivision
Ordinance, which requires one (1) street tree per lot
frontage and one (1) front yard tree per lot. The
applicant has submitted a landscaping plan showing
the proposed location of the required trees, as well
as the minimum size and types. This plan is
consistent with these requirements.
Parkland Dedication:
The park dedication requirements have been met for
this subdivision.
Finance/Assessment Fee
Review:
This subdivision will be subject to a trunk sewer and
water charge, a stormwater management fee and a
collector street fee. These fees are calculated on
the net acreage of the new lots only. These charges
will be paid at the time the developer's contract is
executed. A summary of the charges is shown on
the attached memo from Ralph Teschner.
ANALYSIS:
A preliminary plat identifies proposed lot locations, areas and dimensions, road
locations, storm sewers, grading, location and grade of sewer and water, landscaping
and tree replacement plans, and other improvements to an undeveloped site. Once
preliminary plat approval is granted, the property owner has a vested interest in the plat.
For one year following preliminary plat approval, no ordinance amendment shall apply to
or affect the use, development density, lot size, lot layout, dedication required or
permitted by the approved preliminary plat.
A preliminary plat for the entire Woodridge Estates development was approved in 1991.
This portion of the preliminary plat included a cul-de-sac with seven lots, approximately
10,000 square feet in area. However, since a final plat for this site was not submitted
1:\98files\98su bd[v~preplat\wood rdg4\woodr4pc.doc Page 3
within a year after approval of the preliminary plat, the development became subject to
current regulations, including wetland rules and lot area.
In 1995, the developer submitted a proposal to subdivide this site into three lots and one
outlot. While this proposal preserved the wetland and created lots meeting the minimum
lot area, it also proposed two "flag" lots which did not meet the minimum lot frontage
requirements. The City Council denied the preliminary plat in January, 1996.
This proposal is different from previous proposals in that it complies with all current
regulations. The wetland is not disturbed, and the proposed lots meet the minimum lot
area and frontage requirements. No additional infrastructure is required to serve this
plat.
The proposed preliminary plat meets the standards of the Subdivision Ordinance and
Zoning Ordinance. If the preliminary plat is to proceed, it should be subject to the
following condition:
Prior to final plat approval, the developer must address, in writing, the
ownership and maintenance of Outlot A.
ALTERNATIVES:
1. Recommend the Council approve the preliminary plat of Woodridge Estates 4th
Addition as presented and subject to the conditions listed above, or with specific
changes directed by the Planning Commission.
2. Table or continue the public hearing to a date and time certain and provide the
developer with a detailed list of items or information to be provided for future
Planning Commission review.
3. Recommend denial of the application based upon specific findings of fact.
RECOMMENDATION:
Staff recommends Alternative #1
ACTION REQUIRED:
A motion recommending approval of the preliminary plat of Woodridge Estates 4th
Addition is required.
REPORT ATTACHMENTS:
1. Location Map
2. Original Preliminary Plat of Woodddge Estates
3. Preliminary Plat of Woodddge Estates 4th Addition
4. Grading, Drainage and Landscape Plan for Woodridge Estates 4th Addition
5. Memo from Ralph Teschner
1:\98files\98s ubdiv\preplat\woodrdg4\woodr4pc.doc Page 4
~RIOR LAKE
LAKE
ORDERLY ANNEX.e
P
.,/'
/
/
/
/
/
~ .u LIIi
· ~ lit
INTEROFFICE MEMORANDUM
TO:
FROM:
RE:
DATE:
PLANNING/ENGINEERING
Ralph Teschner
Woodridge Estates 4th Addition
(assessment]fee review)
January 13, 1998
Outlot A Woodridge Estates 3rd Addition (PIN #25 317 036 0) is proposed to be platted into
Woodridge Estates 4th Addition. This area has received no prior assessments for City municipal
utilities.
Since utilities are available to the property site, the cost for the extension of services internally
will be the responsibility of the developer. In addition to these improvement costs, the
subdivision will be subject to the following City charges:
Stormwater Management Fee
Collector Street Fee
Trunk Sewer & Water Fee
16.8 cents/sq.~.
$1500,00/acre
$3500,00/acre
The application of these City charges would generate the following costs to the developer based
upon a net lot area calculation of .91 acres of single family lots (39,616 sq. ft.) as provided
within the site data summary sheet of the preliminary plat description:
Trunk Sewer & Water Charge:
.91 acres @ $3500.00/ac = $3,185.00
Storm Water Management Fee:
39,616 sf~ 16.8/sf= $6,655.00
Collector Street Fee:
.91 acres ~ $1500.00/ac = $1,365.00
These charges represent an approximate cost of $5603.00 per lot for the 2 proposed lots within
Woodridge Estates 4th Addition. Assuming the initial net lot area of the plat does not change, the
above referenced storm water, collector street, trunk and lateral sewer and water charges would
be determined and collected within the context of a developer's agreement for the construction
of utility improvements at the time of final plat approval.
There are no other outstanding special assessments currently certified against the property. Also,
the tax status of the property is current with no outstanding delinquencies.
16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
H:~PLITS~SPL9801 DOC
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING:
DATE:
6A
1997 VARIANCE SUMMARY REPORT
JENNI TOVAR, PLANNER
YES X NO-N/A
FEBRUARY 9, 1998
INTRODUCTION:
The purpose of this item is to provide the Planning Commission with information regarding I997's
variance activity. It is hoped this information will give the Commission information which will be useful
in evaluating new variance requests.
DISCUSSION:
The following table is a summary of variance activity for 1997 and a comparative of the previous years
activity.
VARIANCE REQUESTS 1997 1996 1995
Number Percent Number Percent Number Percent
OHWL Setback 3 10% 10 24% 14 18%
Front yard setback 0 8 20% 16 20%
Side yard setback 2 7% 6 15% 23 29%
County road setback 0 6 15% 0
Impervious surface 4 13% 5 12% 10 13%
Rear yard setback 5 16% 2 5% 3 4%
Accessory buildings 0 2 5% 1 1%
Lot size 1 3% 1 2% 5 6%
Height 2 7% 1 2% 0
Lot width 4 13% 0 4 5%
Driveway setback 2 7% 0 2 2%
Sign 0 0 1 1%
Temporary building 0 0 1 1%
# Parking stalls 1 3% 0 0
Bluff setback 2 6% 0 0
Bluff Impact Zone 2 6% 0 0
Cul-de-sac length 1 3% 0 0
Grade of slope 1 3% 0 0
OHW Lot Width 1 3% 0 0
16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Number of Applications 17 27 43
Number of Requests 31 41 88
Requests Approved 11 25 61% 61 69%
Requests Denied 10 8 24% 24 27%
Requests Incomplete 2 0 0
Requests in Process 5 0 0
Requests Withdrawn 3 6 15% 3 4%
Requests Appealed 7 8 2
Appeals Overturned 2 1 0
Number Lots in SD l 1 20 31
Number of Riparian Lots 9 14 22
Note: If an applicant requested a variance and the Planning Commission approved a reduction
of the original request, then it is represented as one approved request and one denied
request in the tables. In 1995, there were 6 requests the Planning Commission approved
as less than what the applicant had originally asked for; In 1996 there was 1, and in 1997
there were 3.
The nature of the requests for variance is probably very familiar to the Commission, and similar to
previous years. Ordinance number 96-12, approved 5-20-96, permits a 5' side yard setback on
substandard lots, and also allows for reconstruction of existing decks without variances. Many of the
requests in 1995 were for side yard setbacks on substandard lots or involved an OHWL setback variance
to replace a deck. These changes to the ordinance had greatly reduced the number of variances requested
in 1996. Ordinance 97-06, approved 2/3/97 changed the setback from Collector Streets to be from
"Major" Collector Streets. Ordinance 97-12, approved 5/5/97, reduces the OHW setback on General
Development Lakes to 50 feet rather than 75 feet with setback averaging. Both of these changes have
significantly reduced the number of variance requests in 1997. The recent changes of the ordinances have
allowed for development that may have not occurred otherwise, without a variance. The process for the
general public has been made more accommodating.
VARIANCE HARDSHIP STANDARDS
While the current variance criteria have been a part of the City Code and Zoning Ordinance since 1983,
they have not been a part of the review process until 1995. The criteria are the same for each request and
substantiate the legal grounds for granting or denying variances on a case by case basis.
1. Literal enforcement of the Ordinance would result in undue hardship with respect to the
property.
This criteria goes to whether reasonable use can be made of the property if the Ordinance is literally
enforced. The hardship resulting from literal enforcement of the ordinance is identified.
2. Such unnecessary hardship results because of circumstances unique to the property.
Unique circumstances consider conditions of the property and not the owner. Conditions such as lot
size, lot dimensions (length, width, and shape), topography, wetlands, trees, lakes, and other factors
specifically related to the property itself are considered.
3. The hardship is caused by provisions of the Ordinance and is not the result of actions of persons
presently having an interest in the property.
Hardship created by the applicant is not a grounds for granting a variance (such as design of the
proposed structure or changes to the topography). The shape and width of the lot and location of the
existing structures may be hardships over which the applicant had no control. It is common, that the
lot and dwelling may have been existing prior to the adoption of the Zoning Ordinance.
4. The variance observes the spirit and intent of this Ordinance, produces substantial justice and is
not contrary to the public interest.
The intent of the ordinance is examined, and considered in relation to the request. Also, adjacent
properties may be considered as not be contrary to the existing conditions of the neighborhood or
public interest.
Variances granted prior to 1995, didn't specifically address these criteria and a motion, rather than a
resolution, was the documentation of action taken. The following is a sample of rationale used for
granting variances:
The topography of the land necessitates a deck, will not interfere with the private space of
adjoining areas and is not detrimental to the health and welfare of the neighborhood;
· The lot is substandard, variances are reasonable, the hardship was not created by the applicant,
and the variances would not be detrimental to the health and welfare of the neighborhood.
· Hardship is caused by the lot being a substandard lot and the development practices of a former
government.
The home was built before the highway was constructed, the highway location created a
hardship for improvements to the property and the redesign of the structure would not be
detrimental to the health and welfare of the community.
· The small size of the lot is a hardship and thc variance is consistent with variances granted in the
Grainwood neighborhood and would not infringe on the health and welfare of the community.
The lot is substandard, hardship is not the result of the applicant since the parcel was platted in
1927 and annexed into the City of Prior Lake in 1975, it observes the spirit and intent of the
ordinance and would not be contrary to the public interest.
· The lot is substandard, hardship is apparent due to topography and it is not detrimental to the
general health and welfare of the community or out of character with the neighborhood.
· There is a precedent for granting 50 foot variances in the Grainwood area and it would not be
detrimental to general health and welfare to the community.
The revised Zoning Ordinance has been forwarded to the City Council with a recommendation of
approval by the Planning Commission. The revised Zoning Ordinance is expected to be clear and concise,
reducing the number of appeals of zoning interpretations and be more user fi-iendly by clarifying
expectations.
ALTERNATIVES:
Accept the report and direct that it be transmitted to the City Council for
information.
Accept the report, direct that the report be transmitted to the City Council for
information, and direct further study of possible ordinance revisions in response to
the report.
ACTION REOUIRED:
A motion accepting the report, and directing further action revising the if appropriate.
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING:
DATE:
6B
DISCUSSION ON PROPOSED OFFICIAL MAP FOR THE
RING ROAD BETVVEEN FRANKLIN TRAIL AND
TORONTO AVENUE
JANE KANSlER, PLANNING COORDINATOR
YES X NO-N/A
FEBRUARY 9, 1998
INTRODUCTION:
The City of Prior Lake has, for several years, anticipated the construction of a ring road
between Franklin Trail and Toronto Avenue. This road is shown on the Transportation
Map in the 2010 Comprehensive Plan. The recent construction of the Park Nicollet
Clinic and the changes to the access points on Highway 13 has facilitated the need for
this road. In order to better plan for this road, the City staff have proposed an official
map for the right-of-way.
An Official Map is an ordinance in map form adopted by the City that conclusively shows
the location and width of proposed streets or future public land and facilities. The
requirements for an Official Map are identified in the State Statutes (see attached). The
purpose of an Official Map is to prevent private development form encroaching on sites
for proposed public improvements. The adoption of an Official Map does not give the
City any right, title or interest in areas identified for public purposes, but it does authorize
the City to acquire such interests without paying compensation for buildings or
structures erected in such areas without a permit or in violation of the conditions of an
approved permit. The Official Map also governs the issuance of building permits in that
it is not required to issue a permit for a structure within the public area defined by an
official map. The statute also provides a property owner with an appeal process.
ANALYSIS:
The purpose of the proposed ring road is to provide access to the commercial properties
on the southwest side of Highway 13, and to reroute that traffic from Highway 13 to a
local street. The proposed alignments will accomplish this by directing traffic from
Franklin Trail to Toronto Avenue, and provides access to the properties adjacent to
Highway 13 and the properties to the south.
Three alignments are attached for your review. Of these proposals, the alignment
labeled Attachment A is probably the most desirable from an engineering standpoint;
however, this alternative also is the most costly in that it would require the purchase of
existing buildings. The alignment shown on Attachment C has the least impact on
existing development.
1:\98flles\98subiec\98-019\98-019Dc.doc Page 1
16200 Eagle Creek Ave. S.E.Prior'Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) z~47-4245
AN EQUAL OPPORTUNITY EMPLOYER
At this time, the staff is asking the Planning Commission to provide some direction about
which alignment is most desirable. Once we have this direction, a survey of the
property will be prepared, and a public hearing scheduled to review the Official Map.
The City Council will ultimately determine the alignment of the road with the final
approval of the Official Map.
ACTION REQUIRED:
Provide direction to the staff on which alignment is most suitable.
REPORT ATTACHMENTS:
1. State Statute
2. Potential Alignments (Attachments A, B, and C)
1:\98files\98subjec\98-019\98-019pc.doc
Page 2
826
surface areas necessary for mined underground space development pursuant to sections
469. I35 to 4-69,1'4 i, together with their estimated cost. the justification for each improve-
mont, the impact that such improvements will have on the current operating expense of the
municipality, and such other information on capital improvements as may be pertinent.
Sub& 10. Official map. "Official map" means a map adopted in accordance with sec-
tion ,1-62.359 which may show existing and proposed future streets, roads, and highways of
the municipality and county, the area needed for widening of existing streets, roads, and
highways of the municipality and county, existing and proposed air space and subsurface
areas necessary for mined under~ound space development pursuant to sections 469.135 to
469. i,,t I. and existing and future county state aid highways and state trunk highway tights-
of-way, An official map may also show the location of existing and future public land and
facilities within the municipality. In counties in the metropoNtan area as defined in section
473. i 2 t. official maps may for a period of ap to live years designate the boundaries of areas
reserved for purposes of soil conservation, water supply conservation, flood control and sur-
face water drainage and removal including appropriate regulations protecting such areas
against encroachment by buildings, other physical structures or rb. cilities.
Sub& l I. Governing body. "Governing body" in the case of cities means the council by
whatever name known, and in the case of a town. means the town hoard.
Subd, 12, Subdivision. "Subdivision" means the separation of an ama. parcel, or tract
of land under single ownership into two or mom parcels, tracts, lots. or long-term leasehold
interests where the creation of the leasehold interest necessitates the creation of streets.
roads, or alleys. [or residential, commercial, industrial, or other use or any combination
thereof, except those separations:
(a) Where all the resulting parcels, tracts, lots. or interests will be 20 acres or larger in
size and 500 feet in width for residential uses and five acres or larger in size for commercial
and industrial uses:
(bi Creating cemetery lots:
(c3 Resulting from court orders, or the adjustment ut' a lot line by the relocation of a com-
mon boundary.
Subd. 13. Plat. -Plat- means the drawing or map of a subdivision prepared for filing of
record pursuant to chapter 505 and containing ail elements and requirements set ~'orth in ap-
plicable local regulations adopted pursuant to section 4-62.358 and chapter 505.
Subd. 14. Subdivision regulation. "Subdivision regulation" means an ordinance
adopted pursuant to section 462.358 regulating the subdivision of land.
Subd. 15. Official controls. '~Official controls" or "controls" means ordinances and
regulations which control the physical development of a city. county or town or any part
thereof including air space and subsurface areas necessary for mined underground space de-
velopment pursuant to sections 469.135 to 469 14[, or any detail thereof and implement the
general objectives of the comprehensive plan. Official controls may include ordinances es-
tablishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes
and official maps.
Subd. 16. Prelimina~ approval, "Preliminary approval" means official action taken
by a municipality on an application to create a subdivision which establishes the rights and
obligations set forth in section 462.358 and the applicable subdivision regulation. In scant-
dance with section 462.358. and unless otherwise specified in the applicable subdivision reg-
ulation, preliminary, approval may be grated only following the review and approval of a
preliminary plat or other map or drawing establishing without [imitation the number, layout.
and location of lots. tracts, blocks, and parcels m be created, location of streets, roads, utili-
ties and facilities, park and drainage facilities, and lands to be dedicated for public use.
Sub& 17. Property fights. The words "area." "interest in real property?' "ground.'
"land." "lot." "parcel." "property,." "real estate," "real property." "site," "territory," and
"tract," and other terms describing real property shall include within their meaning, but not
827
be timite
opmem:
His'
1980 c
arr 2 s
462.353
Su~'
nicipal ?
nicipatiE
Su?
pality m:
displa.,,,
tions, an,
public or
SuP
any fund
pality mai
tracts wit.
therance
by it in rc
official
pernlit or
tions. Fez
informau,
amendmc
permit
tm(es wbi~
poses of t~
order, con:
Hist{~
462..354 C
Subd
planning ,,
vote of ail
as other p~
charter, or
the ~"ollo ~ i
officials ar
may be a d
sion snail ?
(21 it
and shall ~L
istration. T
staff as in r:
Subd.
adopting or
462.3585 HOUSING, REDEV~LOPME~f. PLA~X~G, ZONING
462.3585 JOINT PLANNING BOARD.
Upon request of a home rule charter or statutory, city council or county or town board by
resolution presented to the county auditor of the county, of the affected territory a board shall
be established to exercise planning and land use control anthority in the unincorporated area
within two miles of the corporate limits of a city. The board shall have members in a number
determined by the city. county, and town. Each governmental unit shall have an equal nm'n-
ber of members. The members shall be appointed from the governing bodies of the city,
count3', and town. Upon request of more than one county or town board with respect to the
unincorporated area within two miles of the corporate limits of a single city. the parties may
create one board rather than a separate board for each county or town. with equal member-
ship from each affected governmental unit. The board shall serve as the governing body and
board of appeals and adjustments for purposes of sections 462.351 to 462.36,1- within the
two--mile area. The board shall have all of the powers contained in sections 0-62.351 to
462.364 and shall have authority to adopt and enforce the uniform fire code promulgated
pursuant to section 2991::.011. The city shall provide staff for the preparation and administra-
tion of land use controls unless otherwise agreed by the governmental units. If a municipality
extends the application of its subdivision regulations to unincorporated territoD, located
within two miles of its limits pursuant to section 462.358, subdivision la. before the creation
of a joint board, the subdivision regulations which the municipality has extended shall apply
until the joint board adopts subdivision regulations.
History: 1982 c 507 s 24
462.359 PROCEDURE FOR PLAN EFFECTUATION: OFFICIAL MAPS.
Subdivision 1. Statement of purpose. Land that is needed i'or future street purposes
and as sites for other necessaD.' public facilities and servicer, is frequently diverted to nonpub-
lic uses which could have been located on other lands without hardship or inconvenience to
the owners. When this happens, public uses of land may be denied or may be obtained later
only at prohibitive cost or at the expense of dislocating the owners and occupants of the land.
ldemification on an official map of land needed for future pubiic uses permits both the public
and private property owners to adjust their building plans equitabl.,, and convenieml? before
investments are made which will make such adjustments difficult to accomplish.
Subd. 2. Adoption. After the planning agency has adopted a major thoroughfare plan
and a community facilities plan. it ma?.. for the purpose of carrying out the poiicies of the
major thoroughfare plan and communit.x facilities plan. prepare and recommend to the gov-
erning body a proposed official map coverthg the entire manicipality or an?. portion thereof.
The governing body ma3. after holding a public hearthg, adopt and amend the official map by
ordinance. A notice of the time. place and purpose of the hearing shall be published in the
official newspaper of the municipalit?, at least ten days prior to the date of the hearing. The
official map or maps shall be prepared in sufficient detail to permit the establishment of the
future acquisiuon Iines on the ground. In unplatted areas a minimum of a centerline survey
shall have been made prior to the preparation of the final draft of the official map. The accura-
cy of the future acquismon lines shown on the official map shall be attested to by a registered
l~.nd surveyor. After adoption, a copy of the official map. or sections thereof with a copy of
the adopting ordinance attached shall be filed with the county recorder as provided in sec-
tions 462.351 to 462.364.
Subd. 3. Effect. After an official map has been adopted and filed, the issuance of build-
ing permits by the municipality shall be subject to the provisions of this section. Whenever
any street or highway is widened or improved or any new street is opened, or interests in
lands for other public purposes are acquired by the municipality, it is not required in such
proceedings to pa3' for any building or structm'e placed without a permit or in violation of
conditions of a perrmt within the limits of the mapped street or outside of any building hne
that may have been established upon the existing street or within any area thus identified for
public 13urposes. The adoption of an official map does not give the municipality any right,
title, or interest in areas identified for public purposes thereon, but the adoption of the map
does authorize the municipality to acquire such interests without paying compensation for
buildings or structures erected in such areas without a permit or in violation of the conditions
of a permit.
837
Subd. 4. Appe:
tion is denied, the
with it by the owner
any case in which
that the entire prop
forms a part cannot
granted, and (b) tha
the official map anc
property in the use
or approval is requ:
hearing required b?.
newspaper once at
adjustments author
board or commisslc,
of the board to inst:
proceedings are star
provals shall issue
nances. The board
the extent and char:.
History: 1
462.3595 CONDI'~
Subdivision ]
types of devetopme:
activities as conditk
the govemthg bod5
dards and criteria s:
include both genera
quirements specific
Subd. 2. Publit
shall be held in the:
Subd. 3. Durat:
tions agreed upon a:
from enacting or am
Subd. 4. Filing
with the county recc
pality is located for:
the propert.,, include
History: 1982
462.3597 INTERI?
Subdivision 1.
ticular date, until th=
permit it.
Subd. 2. Autho
im uses. The regulat:
permission for an in:
( 1 ) the use coni
(2) the date or
(3i permission
for the public to tak=
{4} the user agre
mission of the use.
Any interim use
836
' or town board by
t~o~ a board shall
~bers in a number
odies of ate city.
'itt respect to the
f. the part/es may
h equal member.
/eming body and
2.364. within the
nons 462.351 to
>de promulgated
t and administra.
if a. municipality
:ermtory, located
nded shall apply
b~PS.
street purposes
,,'xed to nonpub-
convenience to
e obtained later
mis of the [and.
both the public
eniently before
~lish.
roug.h, fare plan
policies or' the
:nd to the gov-
ortion thereof.
>fficial map bv
~blished in th[
-' hearing. The
shment of the
terline survey
3. The accura'-
>y a registered
vitha copy of
~vided in sec-
race of build-
,r interests in
aired in such
t violation of
buildin,, line
!dentifi~d for
ty any right.
n of the map
~e conditions
837
~. Subd. 4. Appeals. If a land use or zoning permit or approval for a building in such Ioca-
iion is denied, the board of appeals and adjus-tments shall have the power, upon appeal filed
with it by the owner of the land. to grant a perm/t or approval for building in such location in
any case in which the board finds, upon the evidence and the arguments presented to it, fa)
that the entire property of the appellant of which such area identified for public purposes
forms a part cannot yield a reasonable return to the owner unless such a permit or approval is
granted, and (b} that balancing the interest of the municipality in preserving the integrity of
the official map and of the comprehensive municipal plan and the interest of the owner of the
property, in the use of the property and in the benefits of ownership, the grant ot' such permit
or approval is required by considerations of justice and equity. In addition to the notice of
hearing required by section 4-62.354. subdivision 2. a notice shall be published in the official
newspaper once at least ten days before the day of the hearing. If the board of appeals and
adjustments authorizes the issuance of a permit or approval the governing body or other
board or commission having jurisdiction shall have six months from the date dj: the decision
of the board to institute proceedings to acquire such land or interest therein, and if no such
proceedings are star, ed within that tin%. the officer responsible for issuing permits or ap-
provals shall issue the permit or approval if the application otherwise conforms to local ordi-
nances. The board shall specif.v the exact location, ground area. height and other details as to
the extent and character of the building for which the permit or approval is granted.
History: I965 c 670 v 9:1976 c 18I s 2:1986 c 4d,4:1995 c 254. art 3 s 8
462.3595 CONDITIONAL USE PERMITS.
Subdivision [. Authority, The governing body ma.',' by ordinance designate certain
types of developments, including planned unit deveiopments, and certain land development
activities as conditional uses under zoning regulations. Conditional uses may be approved by
the governing body or other designated authority by a showing by the applicant that the stan-
dards and criteria stated in the ordinance will be satisfied. The standards and criteria shah
include both general requirements for all conditional uses. and insofar as practicable, re-
quirements specific to each designated conditional use.
Subd. 2, Public hearings, Public hearings on the granting of conditional use permits
shall be held in the manner provided in section 162.357. subdivision 3.
Subd. 3. Duration. A conditional use permit shall remain in effect as long as the condi-
tions agreed upon are observed, but nothing in this section shall prevent the municipality
from enacting or amending official controls to change the status of conditional uses.
Subd. 4., Filing of permit, A certified copy of any conditional use permit shall be flied
with the county recorder or registrar of titles of the county or counties in which the munici-
pality is located for record. The conditional use permit shall include the legal description of
the property included.
History: 1982 c 507 s 25
462.3597 INTERLM USES.
Subdivision 1. Definition. An "interim use" is a temporary, use of property until a par-
titular date. until the occurrence of a particular event, or until zoning regulations no longer
perm/t it.
Sub& 2. Authority. Zoning regulations may permit the governing body to allow inter-
im uses. The regulations may set conditions on interim uses. The governing body may grant
permission t'or an interim use of property if:
(1) the use conforms to the zoning regulations:
(2) the date or event that will terminate the use can be identified with certainty:
(3) permission of the use will not impose additional costs on the public if it is necessary,
for the public to take the property in the future: and
(4) the user agrees to any conditions that the governing body deems appropriate for per-
mission of the use.
Any interim use may be terminated by a change in zoning regulations.
I--
Z
rtl
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
I=..
Z
Ltl
/
/
/
/
/
/
/
/
/
/
/
/