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HomeMy WebLinkAboutOrd. 040 - Lot Split CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO.40 AN ORDINANCE REGULATING THE DIVISION OF LOTS WITHIN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains: SECTION 1- DEFINITION A lot split is any division of a lot, parcel or tract of land into not more than two (2) parcels when one or both divided parcels have a width of less than 300 feet and are less than five (5) acres in size. A. No lot, parcel or tract of land shall be divided unless the resultant lots have at least the minimum width, depth and square footage as required for any parcel of land in the zoning district wherein the lot is located. B. No owner may utilize this method of land division on any parcel more than one (1) time in any three (3) year period. A three (3) year waiting period for a lot split is required on all lots, parcels or tracts from the date they were created by previous lot splits under this ordinance. SECTION II - APPLICATION Application for a lot split shall be made on forms furnished by the City and shall include a drawing showing: 1) The scale and north dire ction . 2) Dimensions of the property. 3) Names and locations of adjacent streets.- 4) Location of existing buildings on and'Ai1hi.n 100 feet of subject property. 5) Such other information as may be required to fully represent the intent of the lot split. 6) Current zoning and legal description. 7) The applicant must provide sufficient proof that the lot has not been split within the last three (3) years. 8) Provide a list of the property owners within 350' of the lot split. SECTION III - REVIEW AND RECOMMENDATIONS A. The proposed lot split shall first be presented to the Planning and Zoning Commission for its review and recommendation. Such recommendations shall consider land uses, traffic control, zoning regulations, future developments, and conformance with the Comprehensive Development Flan, and any other criteria deemed pertinent by the Planning and Zoning Commission. B. Upon receipt of an application for a lot split, the Clerk shall notify by mail, all property owners wi thin 350 feet of the property of the date of the review of such lot split. C. The division of a lot may be recommended for approval provided that such SjJllit is in conformance with the City's Comprehensive Plan, doeS not interfere with orderly planning, is not contrary to the public interest and does not nullify the intent of this ordinance. D. Following review and recommendation by the Planning and Zoning Commis sion, the request for a lot split shall be conveyed to the City Council. Within 60 days following receipt of the proposed lot split from the Planning and Zoning Commission, the Council shall approve or disapprove by resolution. If approved, a certified copy of the resolution approving the lot split shall be forwarded to the petitioner. The lot split, together with a certified copy of the resolution, shall thereafter be filed with the Recorders Office of Anoka County. SECTION N - APPEAL PROVISIONS The City Council shall have the power to vary or modify the application of any provisions in this ordinance upon its determination in its absolute legislative discretion that such variance or modification is consistent with the letter and intent of the Comprehensive Plan or proposed amendment upon which this ordinance is based, and with the health, safety, and general welfare of the City of Andover. Upon receiving any application for such variance or modification, (such application shall include the information contained in Section II of this ordinance) the City Clerk shall refer such application to the Planning and Zoning Commission of the City for report of said Planning and Zoning Commission with respect to the effect of the variance or modification upon said Community Development Plan or proposed amendment. Such report shall be returned by the Planning and Zoning Commission to the City Council within 60 days for City Council action. SECTION V - FEES A. There shall be a single charge of $25. 00 plus engineering costs, if any, for a lot split application. B. Where parkland was dedicated or park fees paid, there shall be no park fee assessed or land dedicated. If no park fees have been assessed nor land dedicated, the charge of $100 for each lot of less than five acres in size created under this ordinance, shall be assessed for park fees. " SECTION VI - COMPLIANCE A. The effect of said Ordinance shall not work to preclude compliance with utilities hook-up, pa}T1llent of levied and pending assessments, and performance of any other requirements of Ordinances of the City of Andove r. B. The owner, or agent of owner, of any parcel shall not divide any lot or parcel for the purpose of sale, transfer, or lease with the intent of evading the provisions of this Ordinance. C. The owner, or agent of owner, of any parcel shall not sell or otherwise convey said parcel with the intent of evading the provisions of this Ordinance or circumventing attempts to plat acreage or otherwise subdivide tracts of land within the City of Andover. SECTION VII - PENALTIES Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as defined by State Law. The lot splitting not in accordance with the requirements of this ordinance may be enforced by mandamus, injunction, or any other appropriate remedy in any court of competent jurisdiction. SECTION VIII - AFFECTED AREAS: SUPER CEDES This ordinance shall apply to and govern the entire City of Andover during the period for which it is in effect. This ordinance during its effective period shall replace and supercede provisions in all other ordinances and regulations applicable to the City of Andover which are in conflict or inconsistent with the provisions herein. All ordinances and provisions therein which are not in conflict with the terms and conditions of this ordinance shall continue in full force and effect. A. Variance provisions and requirements thereto under Section 17 of Ordinance No. 10 of the City of Andover do not apply to this ordinance. SECTION !I.X - VALIDITY AND EFFECT The validity of any word, sentence, section, clause, paragraph, part or provision of this ordinance shall not affect the validity of any other part. This ordinance shall be in effect until amended, revised or superceded by the City of Andover. Adopted by the Andover City Council this 16th day of August , 1977. CI Y OF ANDOVER ."lJ~ - Mayor . .. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 40A AN ORDINANCE AMENDING ORDINANCE NO. 40, ENTITLED "AN ORDINANCE REGULATING THE DIVISION OF LOTS WITHIN THE CITY OF ANDOVER." The City Council of the City of Andover does hereby ordain: The following sections of Ordinance No. 40. adopted August 16. 1977. are amended to read: TITLE: AN ORDINANCE REGULATING THE SPLITTING OF RESIDENTIAL LOTS, PARCELS, OR TRACTS OF LAND WITHIN THE CITY OF ANDOVER. SECTION I - DEFINITION A residential lot split is any division of a lot, parcel or tract of land into not more than two (2) parcels when one or both divided parcels have a width of less than 300 feet and are less than five (5) acres in size. A. No residential lot. parcel or tract of land shall be divided unless the resultant lots have at least the minimum width. depth and square footage as required for any parcel of land in the zoning district wherein the lot is located. B. No change. C. No lot in an unsewered area shall be split where the resultant lot is less than 2~ acres. This ordinance shall become effective from and after its passage and publication. Adopted by the City Council of the City of Andover this 4th day of October . 1977. Patricia K. Lind Clerk/Treasure CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Ordinance No. 40B AN ORDINANCE AMENDING ORDINANCE NO. 40 AND ORDINANCE NO. 40A ENTITLED "AN ORDINANCE REGULATING THE DIVISION OF RESIDENTIAL LOTS WITHIN THE CITY OF ANDOVER". THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: The following sections of Ordinance No. 40 and Ordinance No. 40A, are amended to read as follows: . Section I - Definitions A residential lot split is any division of a lot, parcel, or tract of land into not more than two (2) parcels when one-or both divided parcels have-a-w~d~h-of-fess-~han-~ee-fee~-and are-fess-~han-f~ve-t5r-acres-~n-s~ze meet or exceed the minimum requirements for platted lots in the applicable zoning district. Section V - Fees A. There shall be a single charge of $25.00 plus en~ineerfn~- o cos~s, ~f-any consultants fees, if any, for a lot split application. B. Where parkland was dedicated or a park fee paid at the time the original parcel was createdrthere shall be no park fee assessed or land dedicated at the time of the lot split application. If no park fees have been assessed nor land dedicated as above, the charge of $100.00 for each lot of-fess-~han-ffve-t5r-acres-in-s~ze created under this ordinance, shaff may be assessed for park fees. This ordinance shall become effective from and after its passage and publication. Adopted by the City Council of the City of Andover this 23rd day of August , 1979. CITY OF ANDOVER ~ / tv. ., - AJ(I Je y wJ(ndschitl - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 40C AN ORDINANCE AMENDING ORDINANCE NO. 40 AND ORDINANCE NO. 40A ENTITLED "AN ORDINANCE REGULATING THE DIVISION OF RESIDENTIAL LOTS WITHIN THE CITY OF ANDOVER". THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS~ The following section of Ordinance No. 40 and Ordinance No. 40A shall be deleted. Section I - Definition 6. Ne-tet-41'1-al'l-tll'lsewel"eEl-al"ea-shatt-Be-sf:jtH-whel"e-the-l"estlttal'lt-tet-4s tess-thal'l-2t-ael"es~ Adopted by the City Council of the City of Andover this 29th day of May . 19 85 . CITY OF ANDOVER ATTEST: ~ ~ ' ".. . . . . ''/ 'X' '4 J y W~hit ,Mayor 'LJ?..iZ/ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 40D AN ORDINANCE AMENDING ORDINANCE NO. 40B, AN ORDINANCE ENTITLED "AN ORDINANCE REGULATING THE DIVISION OF RESIDENTIAL LOTS WITHIN THE CITY OF ANDOVER". THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 40B is hereby amended as follows: SECTION V - FEES A. There shall be a single charge ~f-$~5.ee as set by Council resolution plus consultant's fees, if any, for a lot split application. B. Where parkland was dedicated or a park fee paid at the time the original parcel was created, there shall be no park fee assessed or land dedicated at the time of the lot split application. If no park fees have been assessed nor land dedicated as above, the eha~~e-~f-$!ee.ee fee as set by Council resolution for each lot created under this ordinance, may be assessed for park fees. Adopted by the City Council of the City of Andover this 18th day of February , 19 86 CITY OF ANDOVER ATTEST: ~-Q -_ "QA > Ken rttel C Acting-_br Johnson - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 40 E AN ORDINANCE AMENDING ORDINANCE NO. 40, THE LOT SPLIT ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 40 is hereby amended as follows: SECTION III. REVIEW AND RECOMMENDATIONS. D. Following review and recommendation by the Planning and Zoning Commission, the request for a lot split shall be eeRveyea ~e placed on the agenda of the City Council in the following manner: --- be be 3. The date may be altered to be earlier at the discretion of the City Council. Within 60 days following receipt of the proposed lot split from the Planning and Zoning Commission, the Council shall approve or disapprove by resolution. If approved, a certified copy of the resolution approving the lot split shall be forwarded to the petitioner. The lot split, together with a certified copy of the resolution, shall thereafter be filed with the Recorders Office of Anoka County. Adopted by the City Council of the City of Andover this day of Angn,::f-, 1988. 16th CITY OF ANDOVER ATTEST: U~) fd; Victoria Volk - City Clerk ~ ' / ?./ L? .......,.v rr Windschitl - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE 40 F AN ORDINANCE REGULATING THE SPLITTING OF RESIDENTIAL LOTS PARCELS OR TRACTS OF LAND WITHIN THE CITY OF ANDOVER. (40A, 10-04-77) The City Council of the City of Andover hereby ordains: SECTION III. REVIEW AND RECOMMENDATIONS E. Adopted this 17th day of April Council of the City of Andover. 1990, by the City City of Andover ("\ "'-, ~... ATTEST u~k Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Ordinance No. 40G AN ORDINANCE AMENDING ORDINANCE NO. 40, THE LOT SPLIT ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No, 40 is hereby amended as follows: TITLE AN ORDINANCE REGULATING THE SPLITTING OF RESIDENTL\L LOTS, PARCELS OR TRACTS OF LAND WITHIN THE CITY OF ANDOVER. SECTION 1. DEFINITIONS A residential lot split is any division of a lot, parcel, or tract of land into not more than two (2) parcels when both divided parcels meet or exceed the minimum requirements for platted lots in the applicable zoning district. A. No resideatiallot, parcel or tract ofland shall be divided unless the resultant lots have at least the minimum width, depth and square footage as required for any parcel of land in the zoning district wherein the lot is located, B. No owner may utilize this method ofland division on any parcel more than one (1) time in any three (3) year period. A three (3) year waiting period for a lot split is required on all lots, parcels or tracts from the date they were created by previous lot splits under this ordinance. Adopted by the City Council of the City of Andover this _6th_day of November ,1996. A/C~ d~ Victoria V olk, City Clerk . lit. STATE OF MINNESOTA ) COUNTY OF ANOJ<.A ) S5. 481617 CITY OF ANDOVER I, the under signed, being the duly qualified and acting Clerk of the City of Andover, Minnesota, hereby certify that I have carefully compared and examined the attached Ordinance No. 40 and find the same is a true, full and complete document as shown above. WI1TNE55 my hand, as such Clerk, and the Corporate Seal of the City, thi s 24th day of October , 19 77 . '"" eft\> ............ / I i}?";';;c'. ~:;"';-'~\' c: m rC'.c~(sj:'~n):-);::'?'- r,.;,..,... t; .~o if:::" .- ''''''\.0.. .~ ." .".., -'t 01'''." ~. .00 ,,,,<:J , <1-,... ~ .' ..., \' \.~'i';.. . CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA . '. ORDINANCE NO.40 AN ORDINANCE REGULATING THE DIVISION OF LOTS WITHIN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains: SECTION I- DEFINITION A lot split is any. division of a lot, parcel or tract of land into not more than two (2) parcels when one or both divided parcels have a width of less than 300 feet and are less than five (5) acres in size. A. No lot, parcel or tract of land shall be divided unless the resultant lots have at least the minimum width, depth and square footage as required for any parcel of land in the zoning district wherein the lot is located. B. No owner may utilize this method of land division on any parcel more than one (1) time in any three (3) year period. A three (3) year waiting period for a lot split is required on all lots, parcels or tracts from the date they were created by previous lot splits. under this ordinance. SEC TION IT - APPLICATION Application for a lot split shall be made on forms furnished by the City and shall include a drawing showing: 1) The scale and north direction. 2) Dimensions of the property. 3) Names and locations of adjacent streets.- 4) Location of existing buildings on andwifuin 100 feet of subject property. 5) Such other information as may be required to fully represent the intent of the lot split. 6) Current zoning and legal description. 7) The appl~cant must provide sufficient proof that the lot has not been split within the last three (3) years. 8) Provide a list of the property owners within 350' of the lot split. SECTION ITI - REVIEW AND RECOMMENDATIONS A. The proposed lot split shall first be presented to the Planning and Zoning Commission for its review and recommendation. Such recommendations shall consider land uses, traffic control, zoning regulations, future developments, and conformance with the Comprehensive Development Flan, and any other criteria deemed pertinent by the Planning and Zoning Commission. . . . B. Upon receipt of an application for a lot split, the Clerk shall notify by mail, all property owners wi thin 350 feet of the property of the date of the review of such lot split. C. The division of a lot may be recommended for approval provided that such split is in conformance with the City's Comprep.ensive Plan, doeS not interfere with orderly planning,. is not contrary to the public intere st and does not nullify the intent of this ordinance. D. Following review and recommendation by the Planning and Zoning Commission, the request for a lot split shall be conveyed to the City Council. Within 60 days following receipt of the proposed lot split from the Planning and Zoning Commission, the Council shall approve or disapprove by resolution. If approved, a certified copy of the resolution approving the lot split shall be forwarded to the petitioner. The lot split, together with a certified copy of the resolution, shall thereafter be filed with the Recorders Office of Anoka County. SECTION IV - APPEAL PROVISIONS The City Council shall have the power to vary or modify the application of any provisions in this ordinance upon its determination in its absolute legislative discretion that such variance or modification is consistent with the letter and intent of the Comprehensive Plan or proposed amendment upon which this ordinance is based, and with the health, safety, and general welfare of the City of Andover. Upon receiving any application for such variance or modification, (such application shall include the information contained in Section II of this ordinance) the City Clerk shall refer such application to the Planning and Zoning Commission of the City for report of said Planning and Zoning Commission with respect to the effect of the variance or modification upon said Community Development Plan or proposed amendment. Such report shall be returned by the Planning and Zoning Commission to the City Council within 60 days for City Council action. SECTION V - FEES A. There shall be a single charge of $25. 00 plus engineering costs, if any, for a lot split application. B. Where parkland was dedicated or park fees paid, there shall be no park fee assessed or land dedicated. If no park fees have been assessed nor land dedicated, the. charge of $100 for each lot of less than five acres in size created under this ordinance, shall be assessed for park fees. '" ~ .. . " . . SECTION VI - COMPLIANCE A. The effect of said Ordinance shall not work to preclude compliance with utilities hook-up, payment of levied and pending assessments, and performance of any other requirements of Ordinances of the City of Andover. B. The owner, or agent of owner, of any parcel shall not divide any lot or parcel for the purpose of sale, transfer, or lease with the intent of evading the provisions of this Ordinance. C. The owner, or agent of owner, of any parcel shall not sell or otherwise convey said parcel with the intent of evading the provisions of this Ordinance or circumventing attempts to plat acreage or otherwise subdivide tracts of land within the City of Andover. SECTION VII - PENALTIES Any person, firm or corporation violating any of the provISIons of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as defined by State Law. The lot splitting not in accordance with the requirements of this ordinance may be enforced by mandamus, injunction, or any other appropriate remedy in any court of competent jurisdiction. SECTION VIII - AFFECTED AREAS: SUPERCEDES This ordinance shall apply to and govern the entire City of Andover during th~ period for which it is in effect. This ordinance during its effective period shall replace and supercede provisions in all other ordinances and regulations applicable to the City of Andover which are in conflict or inconsistent with the provisions herein. All ordinances and provisions therein which are not in conflict with the terms and conditions of this ordinance shall continue in full force and effect. A. Variance provisions and requirements thereto under Section 17 of Ordinance No. 10 of the City of ATJ.dover do not apply to this ordinance. SECTION !lX - VALIDITY AND EFFECT The validity of any word, sentence, section, clause, paragraph, part or provision of this ordinance shall not affect the validity of any other part. This ordinance shall be in effect until amended, revised or superceded by the City of Andover. Adopted by the Andover City Council this ENTERED /lhA lL ._19.2:~L... 1~~i4::~ By J< ~-;; _ ._._.Deput1> 16th day of August , 1977. CI Y OF ANDOVER "bJ~ Mayor ~ :.-- 1-'0 ."::.. 0'\...... - ::l ""C+ ~ ~\n'< ~. ~ 00 '" Ii...., ~g:.-- . en 8. 8"0 \J\ ~ <: \J\ ::l (1) \",) Ii o~ \",)<: p. . z ~ \~ ~. .1 a ~'O 3 ~ S' :J ~_~ '0- 0 5- .-+~ ".,c> '0 -'L"'~O::g '0 () n:>g.-n_ 'X 0' (1)'<=0 \ () =="., ~ ~~, ~~~~ f ~ :'; ~ ~ .oJ ::rc>- ~ -:0 ~: 'Vi. :: g -( ;>> 0 ::r- c: ;::0 lJ'Q '" ..... (\) Z rq (P\ .~ ~ !~~~~\ . '<..: Q:J:;:p:;:c1 "'"" t--' _' Z (D '-D.....::;1 C> ~(\) \ ~~~ 0.... g.. ......"",., .~~ ~~~ ~ ~m'.'... .. . . . ~ 00 ~ ~ ~ ~