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4Q
� ORIGIN
ORDINANCE
OF SAINT PAUL, N
Presented By
Referred To
_�—(
.3/0� 7 /
Council File #
Ordinance #
Green Sheet #
OTA �
Committee: Date
An ordinance amending sections 67.200, 67302, 67303, 67304, 67305, 67306, 67.402, 67.404,
67.405, and 67.703 of the Saint Paul Legislative Code Pertaining to Zoning.
The Council of the City of Saint Paul does ordain:
Section 1
That Section 67.200. Definitions. of the Saint Paul Legislative Code is hereby amended so as to add
the following definitions thereto:
Sec. 67.200. Definitions.
The definitions contained in Minnesota Statutes, Section 462.352, aze incorporated herein by
reference. The definitions contained in the zoning code, Chapters 60 through 66, shall also be applicable
to the subdivision regulations. The following terms shall have the meanings given to them:
r�:�tii�i�ii�:i�ciund�i�s;.;ari� �vIi�
��rt �p�zts '['�ze dzv�ici� i�f c�n� �€tr mtir�: ic�t� �Iu�h;cr��t�s �iis u�re �ia�tz fuu� ��{� I�?ts>
Section 2
That Sections 67302 through 67.306 of the Saint Paul Legislative Code be and are hereby amended
to read as follows:
Sec. 67.302. Platting not required.
Platting shall not be required when the subdivision constitutes a lot split or adjustment of common
boundaries as ��io� ii��ri�t�:in Section Fr�384 �7:Zf�Q.
Sec. 67.303. Lot splits aiitt'�tI�u'st�uie�its'_of ��iinim[aii;t��iui�t3i���s.
. , .
The procedures for obtairung approval for lot splits �n� �ij�£s�t�� e�t�rai�t� �un�ie�::are set
.. .... ... ....::....: ...... .. _.: .:
forth herein. �
Sec. 67.304. i�ppr�v�l �f �ot splits an� �xTjii�f��nfsinfc�tnt�i�n Ito�n�Ta�res;�ese�iHec�.
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���a:�:�n� f _ T �, �_,:.�.
following conditions are met:
(1)
�2)
(3)
provided the
The lot or lots have frontage on an existing improved street and access to municipal services.
The lot or lots to be divided aze previously platted land.
The lot or lots meet the minirnum standards for lot width and azea for the zoning district in
which they are located.
(4) The division of the lots shall not cause a remauung part of a lot to become a sepazately
described tract which does not meet the minnnum standards of the zoning district in which it
is located or which does not have street frontage and access to municipal services.
(5)
(6)
The division does not result in a split zoning classification on a single lot.
The division does not result in the creation of a nonconforming structure or use.
- � - - - - - -
Sec. 67.305. Application.
.
Application for approval for lot splits z�d:.:a.;el��£�'t�:t�f shall be submitted to
the planning administrator on forms furnished by the plaxuung division and shall include €et�-E4� si�,'���
. ,.. ,. .. .
copies of a certificate of survey drawn to an engmeer's scale �?i�. €1t� n��s? 1Qtsan�?;€t�xv I�g�' z���cr��t�t�ii�
including:
(1)
�2)
(3)
(4)
Scale and north direction.
Dimensions of the property.
Names and location of adjacent streets.
Locations of existing buildings on and within twenty-five (25) feet of the subject property.
(5) &�e�t �ether information as may be required, such as a grading plan or contour map, to fully
represent the intent of the lot split ar to determine if the lot split meets the intent and
requirements of this chapter.
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Section 3
That Section 67.402, 67.404, and 67.405 be and are hereby amended to read as follows:
Sec. 67.402. Preliminary plat--Procedures.
(a) Applications for formal approval of the subdivision shall be submitted to the planning
administrator. Applications shall include the required fee, ten (10) copies of the proposed subdivision plat
plan,,ai�1 evidence of ownership of the property to be subdivided, :.:.,a. *�;, :.°-�°° �'' �..�-°-° �F °„ �°�-�-�-,
(b) The piamiing administrator sha11 cause the proposed subdivision to be reviewed by the public
warks department and other affected cit7 departments and shall notify the applicant of any required
modifications requested. The proposed subdivision shall be reviewed to determine whether it complies
with these subdivision regulations, the zoning code, comprehensive plan and official maps, if any.
Sec. 67.404. fix�e: �'i�at�:.p�t--Procedures.
(a) Applications for formal approval of the final subdivision plat shall be submitted �a:t%:gl�ariTiug
... .
....:.._ .
adtt�l�tS�tor>together with the required fee ai�i �� ��,(1) �ct��es �?f t� f�al: ���t.
(b) The planning administrator shali cause the proposed subdivision to be rev3ewed by the public
works department and other affected city departments and shall notify the applicant of any required
modifications. The proposed subdivision shall be reviewed to determine whether it complies with these
subdivision regulations, the zoning code, comprehensive plan, official maps, if any, and conditions and
requirements stipulated in the preliminary approval.
(c) Within thiriy (30) days of filing the application, the planning �ee�e� atluziiiz�tratar shall forwazd
it to the city council together with recommendations for approval or disapproval fhereo£
�.7
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(d) The city council shall either approve or disapprove the application within sixty (60) days
followiug the date of filing of the applicafion with the planving adininistrator unless an extension of the
review period is agreed to by the applicant.
(e) Detex•mination of the city council shall be by resolution. Approved subdivisions shall be assigned
a number by the city clerk and shall be filed by the applicant with the county recorder or registraz of titles
within sixty (60) days of the adoption of the council resolution. �^����- °�a *'�-�° �z. ��-�:F�a °�-:�� �"
�� su��r��c�r� s�i :be forwazded to the public works department by t�� t��ui�. Copies
,: > : __..._:__..._
fiunished by the public works deparhnent to the water utility, gas, elech and telephone
(fl For a period of two (2) qeazs following fmal approval, unless the city and the subdivider agree
otherwise, no change in the comprehensive plan or official control shall affect the use, density, lot sizes,
lot layout, dedication or piatting required or pernritted by the approved application.
Sec. 67.405. Combining preliminary and final subdivision review.
A subdivider may choose to combine the preliminary and final approvals of a subdivision. In such
cases, the following procedure shall apply:
(1) Application for the preliminary plat shall be submitted together with the required fee, ten
(10) copies of the proposed subdivision plat plan, aiiii evidence of ownership of the property
to be subdivided, �.:..a. �:::. : �...,,., :,. u.: :,W...,� ^f �r� :........ ..:.�.:.. .i._,.,, w....a_,.a ac,., i�cm
(2) The planning administrator shall cause the proposed subdivision to be reviewed by the public
works department and other affected city departments and shall notify the applicant of any
required modifications. The proposed subdivision shall be reviewed to determine whether it
complies with these subdivision regulations, the zoning code, comprehensive pian and
official maps, if any.
(3} Within thirty (30) days of filing the preliminazy plat, the planning administrator shall notify
the applicant that the preliminazy plat has been approved or denied. If all city departments
approve the preliminary plat, the subdivider sha11 submit the final piat for approval.
(4) Within thirty (30) days of filing the application for final plat approval, the plamiing
administrator shall forwazd it to the city council together with recommendations for approval
or disapproval thereof.
(5) A public hearing shall be had before the city council as soon as practicable after receipt of
the recommendations. Published notice in the official newspaper and mailed notice to
property owners within three hundred fifty (350) feet shall be provided at least ten (10) days
before the hearing, and ten-day notice thereof, together with a copy of the recommendations,
shail be mailed to the applicant. The council shall either approve or disapprove the
application within one hundred twenty (120) days following the date of filing of the
applicauon with the planning administrator unless an ea-tension of the review period is
agreed to by the applicant.
(6) Determinations of the city council shall be by resolution. Approved subdivisions shall be
assigned a number by the city clerk and shall be filed by the appiicant with the county
recorder or registrar of titles within sixty (60) days of the adoption of the council resolution.
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forwarded to the public works department
the public works deparhnent to the water
Section 4
; g�,
and telephone companies.
That Section 67.703 of the Saint Paul Legislative Code be and is hereby amended to read as
follows:
Sec. 67.703. Variances.
by
(a) Required findings. The city council ' a may grant
a vaziance to the subdivision regulations when compliance would create an unusual hazdship to the
development of the land, based on fmdings that:
(1) The intent of this chapter is met;
(2) The granting of the variance will not be detrimental to the public safety, health or welfaze or
injurious to other property or improvements in the neighborhood in which the property is
located;
(3)
(4)
(5)
The conditions upon which the request for a vaziance is based aze unique to the property for
which the vaziance is sought and are generally not applicable to other property;
The literal interpretation of the provisions of this chapter would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district;
The special conditions and circumstances do not result from the actions of the applicant; and
(6) Because of the particulaz naturai surroundings, shape or topographicai conditions of the
specific property involved, unusual hazdship to the owner would result, as distinguished from
a mere inconvenience, if the strict letter of these regulations were carried out.
(b) Conditions of variance. The city council may require conditions for approvSng a variance that
wili substantially achieve the intent and requirements of these regulations. Violations of such conditions
shall be deemed a violation of this chapter.
(c) Procedure for a variance. An application for vaziance shall be submitted by the subdivider at the
time the subdivision is filed with the planning administrator.
5
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Section 5
O`5� �9 �.
Tlus ordinance shali take effect and be in force thirty days from and after its passage, approval, and
publication.
p�+m ieurn
AUG 26 1995
Requested by Department of:
Adopted by Council: Date
Certified by Council
By:
Approved
By:
�
�
Planninc & Economic evelo ment
By: �l �_
�s ��� �
DEPARTMENT/OFFICE/COUNpL DATE INITIATED
PED PLANNING 06/27/95 GREEN SHE N ° 3 � 2� �
CANTACT PERSpN d PHONE INR A INRIAlNA"fE
� DEPARTMENT DIflECTOR � CRV COUNGI
Kad Dadlez 266-6582 "�'�x �crnnrroa�v -r �cnvc�a�c
NUYBEHFOR
MUST8E0 COUNCILAGENDABY(OA7E) qOVfING BUDGETDIRECTOP �FIN.&MGT.SERVICESDIR.
S G`�� � ��O �Ep MAYOR(OflASSISTANn ,� ke.�nford
J KV
TOTAL # OP SIGNATURE PAGES " } (CLIP ALL LOCATIONS FOR SIGNATURE)
wmoN REOUESrEo
Adopt 7une Minor Zoning Amendments
IiECOMMENOA7�ON5: npprove (A) a Peject (a) pERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS:
A PLANNiNG COMMISSiON _ CIVII S£RViCE COMMiSS�ON �� Has this person/Fifm aver worked under a coMract fw thiS depattment?
_ CIBCOMMITTEE _ YES NO
A STAFF 2. Has this personffum ever been a city employee?
— — VES NO
� DISTR7CT COUR7 � 3. Does this persOn/firm
possess a skill not normally possessetl by any current ciry employee?
SUPPOflTS WHICN WUNCILO&IECI7VE1 YES NO
Explafn all yes answers on seperete Sheet antl attech to green aheet
INITIATING PROBLEM, ISSUE, OPPORTUNIN (WM, What. Wt�en, Whera, 4Vhy):
"�����
Needed minor zoning amendments are delayed if done only periodically.
��H 30 1�9�
��
AOVANTAGES IF APPftOVEO: ,
Zoning Code will be kept up to date. ��� , ����
JU� � 7 3995
DISADYANTAGES IP AAPROYED'. � � �
None.
�
DISADYANTAGES IF NpT APPflWED'
��� ��/ /���
Needed amendments could face long delay. �� �,� ���������
TOTAL AMOUNT OF TRANSACTION S COST7REVEP7UE BUDGETED (CIRCLE ONE) YES NO
FUNDIldG SOUPCE ACTIVITV NUMBEH
FINANCIAL INFOPMATION: (EXPLAIN)
g����
CITY OF SAINT PAUL
Norm Coleman, Mayor
June 27, 1995
Council President David Thune and
Members of the City Council
3rd Floar City Hall
Saint Paul, Minnesota 55102
390 Gry Hall
I S West Kel[ogg Bou7evmd
Saint Paul, MN 55102
Dear President Thune and members of the City Council:
Telephane: 612-266-SSIO
Facsimile: 612-228-8513
Beginning in 1982, the Plauning Commission periodically considered and recominended
to the City Council a series of minor zoning amendments contained in 40-acre studies
called Zoning Amendments I, II, etc. There have been eight of them. The zoning
amendments made changes needed to bring the code up to date with new living or
business practices, carry-out newly adopted plans, clarify regulations, correct errors,
and incorporate zoning administrator interpretations and Planning Coxnmission findings.
Since these 40-acre studies were done only periodically, needed zoning amendments
were delayed until staff, the Commission, and City Council had the time to work on
them. In order to avoid such delays and to keep the code as current as possible, the
Commission will consider and recommend to the City Council several minor zoning
amendments each month.
The fifth Minor Zoning Amendments recommendation is attached. They concern
subdivision regulations. The Zoning Committee of the Planning Commission held a
public hearing on the proposed amendments on June 15, 1995. The Commission
recommended their approval on June 23, 1995, as set forth in the attached resolution.
I am pleased to transmit these amendments to you for your review and approval.
Sinc e ,
Norm leman
Mayor
/��a'
C �,��� �'
NC:kd
�'�" �=?��
city of saint paui
pianning commission resoiution
fiie number 95-54
�' te, June 23. 1995
MINOR ZONIlVG AMENDMENTS
JUNE 1995
WHEREAS, the Saint Paui Planning Commission has determined that considering and
recommending monthly zoning amendments to the Mayor and Ciry Council is the most
desirable way to keep the zoning code as current as possible; and
WHEREAS, the Zoning Committee of the Saint Paul Planning Commission held a public
hearing on proposed minor zoning amendments conceming subdivision regulations at its June
15, 1995 meeting; and
WHEREAS, the Saint Paul Planning Commission has determined:
1. That the number of reai estate descripiions affected by the amendments renders the
obtaining of written consent impractical;
2. That a survey of an area in excess of 40 acres has been made;
That a determination has been made that the proposed amendments to the Zoning
Code are related to the overali needs of the communiry, to the existing land use, and
to plans for future land use; and
4. That pursuant to State Statutes proper notice of the hearing was given in the Saint
Paul Pioneer Press on May 24, 31, and June 7, 1995.
NOW, THEREFORE, BE IT RESOLVED, that the Saint Paui Planning Commission
recommends approval of the zoning code amendments in the "Minor Zoning Amendments
June 1995" study pertaining to subdivisaon regulations and directs the Planning Administrator
to forward the study and this resolution to ffie Mayor and City Council for their review and
action.
moved by Morton
seconded by
in favor �nanimous
against
�s ���
MINVPES OF THE ZONING COMMITTEE
CITY COUNCIL CHAMBERS, SAZNT PAUL, MINNESOTA ON JUNE 15, 1995
PRESENT: Mmes. Faricy and Morton; Messrs. Fie1d, Gurney, Kramer and Vaught
of the Zoning Committee; Mr. Segal, Assistant City Attorney; Mmes.
Dadlez and Sanders; and Mr. Ryan of the Planning Division
ABSENT: Chavez, excused
Wencl, excused
Time: 4:45 - 5:05 p.m.
The meeting was chaired by Gladys Morton, Chairperson.
JUNE. 1995 MINOR ZONING AMENDMENTS. SUBDIVISION REGUI,ATIONS
Kady Dadlez, Planning Division staff, reviewed the staff report.
All of the zoning amendments relate to the subdivison regulations in the
zoning code.
1. Approval o£ Lot Splits and Adjustments of Common Boundaries by Planning
Admiaistrator and Role of Board of Zoning Appeala
Commissioner Kramer asked whether there have been any cases that have not been
administratively approved.
Ms. Dadlez said that every lot split or adjustment of common boundary has been
done administratively, and in the past 4 1/2 years or so, during the tenure of
the person currently doing the lot splits, there have been no variances
required.
Commissioner Kramer asked whether there is an appeal mechanism.
Ms. Dadlez said that the appeal would be the variance process. If all the
requirements are not met for the lot split that the staff could do
administratively, then the applicant could apply for a variance to the Board
of Zoning Appeals and if this request for a variance is granted by the BZA
then the applicant could return to staff who could then administratively
approve a lot split.
2. Submittal Requirements £or Applications for Preliminary and Final Plats
3. C1ariEy Variance Processes £or 5ubdivision and Lot Splits
Commissioner Kramer asked that when a final plat is filed, if it ends up
creating a new cul-de-sac or a new street, who determines how that street is
named.
Mr. Segal said that the plat itself would designate the name of the street and
that is subject to approval of the City Council, as well as changes of names
at a later date. Sometimes the name of the street is not shown on the plat.
If it is a new street it would customarily show a name. Segal said that the
Department of Public Works would review and recommend a street name, as well
as a developer of a street who may reoommend a name as well.
Commissioner Gurney moved approval of the June 1995 Minor Zoning Amendments.
Commissioner Kramer seconded the motion. The motion carried with a unanimous
voice vote of 5 to 0.
�s-��'y
Commissioner Vaught was not pres=nt for the vote.
Submitted by:
��
K�� �
Kady Dadlez
Approved by:
Gladys Morton,
Chairperson
DEPAR"1MENT OF PLANNING
& EWNOMIC DEVELOPMENT
�s ���
C�� OF Stu1V 1 PAVL Division ojPlmming
Norm Coleman, Mayar 25 West Fourth Sveet Telephone: 612-266-6565
Saint Paul MN SSIO2 Facsimile: 612-228-3314
MINOR ZONING AMENDMENTS
June 1995
�s � �y
MINOR ZONING AMENDMENTS
JUNE 1995
APPROVAL OF LOT SPLITS AND ADNSTMENTS OF COMMON BOL3NDARIES BY
PLANNING ADNIINISTRATOR AND ROLB OF BOARD OF ZONiNG APPEALS
Sec. 67.200. (A1 Definifions.
Sec. 67.200. (Ll Definifions.
Section 67.30� ARTICLE III. GENERAL PKOVISIONS PERTAINING TO SUBDIVISION
APPROVAL A1VD PLATTING REQUIREMENTS
Sec. 67.300. Subdivision approval.
(a) All subdivisions shall be subject to the regulations set forth in this chapter and subject to the
approval or disapproval of the ciTy.
(b) No person shall subdivide land without first obtaining the city's approval as herein required.
(c) No person shall convey any land without first obtaining the required subdivision approval.
(d) No person shall obtain a building permit until the preluninary plat for the required subdivision
has been approved.
Sec. 67.301, Platting required.
A plat shall be required when a subdivision:
(1) Creates five (5) or more lots or parcels each of which is two and one-half (2 1/2) acres or
less in size; or
(2) Requires paved streets, alleys and other public improvements or services; or
(3) Is previously unplatted land.
Sec. 67.302. Platting not required.
Platting shall not be required when the subdivision constitutes a lot split or adjustment of common
boundaries as dessfik�eA i���t�i;:in Section Fr�384 �'7:2C�41.
Sec. 67.303. Lot splits aui�- a���istiqieu�'isif c�riiivtiii liifuniT;t�.
The rocedures for obtainina a roval for lot s lits aistl:�tzT'_ ..:°:° ;, �#! �tkl�ri�a�;e;s are
P a PP P .:..::3.� ..
set forth herein.
�s -���
Sec. 67304. �3T�`gv�iljgf �ot splits �;,�i�ii4�;u¢�'q�P4lui�i�%
�..� r,...,7:.:...,.. r � r ,.. ....1:4,.. �:�:%_�S�?�3�:4�873L�;��:f���YCf�'�5::41��k�r.f7�f'1€¥Y(3?T��7C3���3�'t�;3��"`�`"zaa�or:-i�ioi
..::..: ... .. . .. .. .. .:.... �._ ..... .,.:.. . .: .: . .. :..>.::...:.. . .,_ .... ..,._ .......:. ...:..
or ,._,. ,,.. _.,,_„ i...� .. �,:,,w .,_e.,«.... _,. ._.,._� .�.,,., r.._ ��� i,.... :.. Permitted without platting, Provided
the following conditions aze met:
(1) The lot or lots have frontage on an existing improved street and access to municipal
services.
(2) The lot or lots to be divided aze previously platted land.
(3) The lot or lots meet the minimum standazds for lot width and azea for the zoning district in
which they are located.
(4) The division of the lots shall not cause a remaining part of a lot to become a sepazately
described tract which does not meet the minimum standards of the zoning district in which
it is located or which does not have street frontage and access to municipal services.
(5) The division does not result in a split zoning classification on a single lot.
(6) The division does not result in the creation of a nonconforming structure or use.
. ,
nr�� ����e�� ��i� �anw�en � e� ���«� «va«.���r.. 4.� r �n4o r� �r ��m��
r s r� Y �r � �
. ,
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,ea c..,.w .. ..a i,,,...i a,.......:...:,._..
..,,., .............. ,....r�. ..�.,.� .
Sec. 67.3�5. Application.
Application for approval for lot splits aud �d,��si�icrifs_;�sf�trinuia3i:��t3aiCes shall be submitted
to the planning administrator on forms furnished by the planning division and shall include €et�r{4}
s€�:(tr� copies of a certificate of survey drawn to an engineer's scale �v%t��EAe;���v:l�rt�;arid:��te�si
, ...:.......:.. . .......::...:.........
t�e�z�pYit£TZS" including:
(1) Scale and north direction.
(2) Dimensions of the property.
(3) Names and location of adjacent streets.
(4) Locations of existing buildings on and within twenty-five (25) feet of the subject property.
(5) &�la Qether information as may be required, such as a grading plan or contour map, to
fully represent the intent of the lot split or to determine if the lot split meets the intent and
requirements of this chapter.
9s- 79�
,.
. . .. ... ... . .
�:_ - : .=--. - � - �- .:: -- - :- -. -: : -- - -
-� - -
DISCUSSION
Current provisions of the zoning code require all lot splits to be approved by the City Council.
Aowever, for many years staff has been approving lot splits administratively in instances where all
requirements are met and no vaziances ue needed. Last yeaz there were about 40 lot splits approved
administratively, none required vaziances. It is unclear exactly when and under what conditions the
process changed from obtaining council action to approving them administratively. However, it is
clear that it is much more efficient, both in terrns of time and cost, for staff to approve lot splits which
do not require variances. Often applicants come to the Planning Division requesting a lot split for a
property which is scheduled for a real estate closing within a day or two. It does not seem reasonable
to require applicants to wait as long as four weeks to get a lot split approval when it is clear that all of
the requirements are met and no vaziances are needed. Giving the staff the authority to approve lot
splits allows us to serve our customers more quickly and e�ciently without undue delay.
In addition, is seems appropriate to give the Board of Zoning Appeals the authority to approve
variances from the conditions for lot spiits and adjustments of common boundaries rather than the City
Council. The Boazd of Zoning Appeals has experiences with these types of vaziances since they
already approve similar variance requests on a routine basis.
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2. SUBMITTAL REQUIREMENTS FOR APPLICATIONS FOR PRELIMINARY & FINAL
PLATS
Sec. 67.402. Preliminary plat—Procedures:
(a) Applications for format approval of the subdivision shall be submitted to the planning
adminish�ator. Applications shall include the required fee, ten (10) copies of the proposed subdivision
plat plan,;;�tit1 evidence of ownership of the property to be subdivid � a'� ........... ..r o..,."., °,�;z'
(b) The planning administrator shall cause the proposed subdivision to be reviewed by the public
works department and other affected city departments and shall notify the applicant of any required
modifications requested. The proposed subdivision shall be reviewed to determine whether it complies
with these subdivision regulations, the zoning code, comprehensive plan and official maps, if any.
Sec. 67.404. Satxe;�?[�,p7Rt Procedures.
(a) Applications for forma] approval of the final subdivision plat shall be submitted 3� ;t3i�
�aTatuiiit�;ai�i�#i�ist��tt?r;logether with the required fee antl:�n;��:'�}�s�qpie5:o�:tT�e:�� �Z��t. ::.:..
(b) The planning administrator shall cause the proposed subdivision to be reviewed by the public
works department and other affected city departments and shall notify the applicant of any required
modifications. The proposed subdivision shall be reviewed to determine whether it complies with these
subdivision regulations, the zoning code, comprehensive plan, official maps, if any, and conditions and
requirements stipulated in the preliminary approval.
(c) Within thirty (30) days of filing the application, the planning �eeteF ticiii7inr�zji� shall
forward it to the city council together with recommendations for approval or disapproval thereof.
(d) The city council shall either approve or disapprove the application within sixty (60) days
following the date of filing of the application with the planning administrator unless an extension of
the review period is agreed to by the applicant.
(e� Determination of the city council shall be by resolution. Approved subdivisions shall be
assigned a number by the city clerk and shall be filed by the applicant with the county recorder or
registrar of titles within sixty (60) days of the adoption of the council resolution. �g-aa�
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a'"°"���t3;,�e�Yded:ca�F�*`:�f;t�e`SUlidfvisiari�i��I1'be forwazded to the public works departrnent �
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thc:;cauti�. Copies sl�a� i�iay be furnished by the public warks department to the water utility, gas,
electric and telephone companies.
(fl For a period of two (2) years following final approval, unless the city and the subdavider agree
otherwise, no change in the comprehensive plan or official control shall affect the use, density, lot
sizes, lot layout, dedication or platting required or permitted by the approved application.
Sec. 67.405. Combining preliminary and final subdivision review.
A subdivider may choose to combine the preliminary and fmal approvals of a subdivision. In such
cases, the following procedure shall apply:
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(1) Application for the preliminary plat shal] be submitted together with the required fee, ten
(10) copies of the proposed subdivision plat plan, � evidence of ownership of the property
to subdivlde ^^a Fi.e ........... ..F..17 ., e ,.C..�..,.o..�.. ..:s1.:.. H,_,,,. 1,..«A..,,A ca. i�cm
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(2) The planning administrator shall cause the proposed subdivision to be reviewed by the
public works depaRment and other affected ciry departments and shall notify the applicant
of any required modifications. The proposed subdivision shall be reviewed to determine
whether it complies with these subdivision regulations, the zoning code, comprehensive plan
and official maps, if any.
(3) Within thirty (30) days of filing the preliminary plat, the planning administrator shall notify
the applicant that the preliminary plat has been approved or denied. If all ciTy departments
approve the preliminary plat, the subdivider shall submit the final plat for approval.
(4) Within thirry (30) days of filing the application for final plat approval, the planning
administrator shall forward it to the city council together with recommendations for approval
or disapprovalthereof.
(5) A public hearing shall be had before the city council as soon as practicable after receipt of
the recommendations. Published notice in the official newspaper and mailed notice to
property owners within three hundred fifty (350) feet shall be provided at least ten (10) days
before the hearing, and ten-day notice thereof, together with a copy of the recommendations,
shall be mailed to the applicant. The council shall either approve or disapprove the
application within one hundred twenty (120) days following the date of filing of the
application with the pianning administrator unless an extension of the review period is
agreed to by the applicant.
(6) Determinations of the city council shall be by resolution. Approved subdivisions shall be
assigned a number by the city clerk and shall be filed by the applicant with the county
recorder or registraz of titles within sixty (60) days of the adoption of the council resolution.
forwarded to the public works department 1��:€ti�;Gi3t�€y. Copies ska(1 Eii�� be furnished by
the public warks department to the water ufility, gas, electric and telephone companies.
DISCUSSION
These amendments modify submittal requirements for subdivision applications. They also include the
planning adminisiraror title and eluninate the planning directar title.
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CLARIF'Y VARIANCE PROCE5SES FOR SUBDIVISIONS AND LOT SPLITS
Sec. 67.703. Variances.
(a) Required fzndings. The city council may
grant a variance to the subdivision regulations when compliance would create an unusual hardship to
the development of the land, based on findings that:
(1) The inYent of this chapter is met;
(2) The granting of the vaziance will not be detrimental to the public safety, heakh or welfaze
or injurious to other property or improvements in the neighborhood in which the properry is
located;
(3) The conditions upon which the request for a variance is based are unique to the property for
which the vaziance is sought and aze generally not applicable to other property;
(4) The literal interpretation of the provisions of this chapter would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district;
(S) The special conditions and circumstances do not result from the actions of the applicant; and
(6) Because of the particular natural surroundings, shape or topographical conditions of the
specific properiy involved, unusuai hardship to the owner would result, as distinguished
from a mere inconvenience, if the strict letter of these regulations were carried out.
(b) Conditzons of variance. The city council may require conditions for approving a variance that
will substantially achieve the intent and requirements of these regulations. Violations of such
conditions shall be deemed a violation of this chapter.
(c) Procedure for a variance. An application for vaziance shall be submitted by the subdivider at
the time the subdivision is filed wiYh the planning administrator.
This text amendment clazifies that the city council will grant variances for subdivisions and that the
boazd of zoning appeals will grant variances for lot splits and adjustments of common boundaries.
This amendment also eliminates the need for the planning commission to make a recommendation to
the city council on vaziances for subdivisions. Eliminating the need for a planning commission
recommendation streamlines the approval process and imgroves efficiency.
DEPAR'I'MENT OF PLANNING
& ECONOMIC DEVELOPMEN'P
Date:
To:
CTTY OF SAINT PAUL
Norm Coleman, Mayor
June 23, 1995
Planning Commission
Division ofPlannirsg
25 West Fourth Streei
Sa+nt Pau1, MN 55102
From: Kady Dadlez KQ
Re: Mntor Zoning Amendments relating to Subdivision Regulations
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Te7ephone: 612-266-6565
F¢csimile: 612-228-3374
After further review and consideration, staff recommends a refinement of one of the June Minor
Zoning Amendments. The origina] language is shown struck-out and the new proposed language is
underlined in the section below.
This technical refinement of the minor zoning amendment makes it cleaz that the board of zoning
appeals' authority to grant vaziances extends only to conditions #3 and #6, see below. The board of
zoning appeals does not have the authority to grant variances from conditions #1, #2, #4, or #5 of
Section 67304 and the text of the amendment should be changed to reflect this circumstance.
Section 67.304. Lot splits and adjustments of common boundaries are permitted without platting,
provided the following conditions aze met:
(1)
�2)
(3)
The lot or lots have frontage on an existing improved slreet and access to municipal services.
The lot or lots to be divided ue previously platted land.
The lot or lots meet the minimum standazds for lot width and area for the zoning district in
which they are located.
(4) The division of the lots shail not cause a remaining part of a lot to become a sepazately
described tract which does not meet the minimum standazds of the zoning district in which it
is located or which does not have street frontage and access to municipal services.
(5)
The division does not result in a split zoning classification on a single lot.
(6) The division does not result in the creation of a nonconforming shucture or use.