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City of Nowthen

Section

Ch.10 § 9-2

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Canonical: Nowthen.CityCode.Ch10.§9-2

LOT LINE ADJUSTMENT AND LOT CONSOLIDATION

### A. GENERAL REQUIREMENTS 1\. Criteria. Lot line adjustments exempted from platting by Minnesota Statute §462.352, Subd. 12, and lot consolidations shall not require a plat or replat and may be administratively approved, provided all of the following conditions are met: A. The lot line adjustment shall be in compliance with the Comprehensive Plan and the purpose and intent of this Chapter. B. The lot line adjustment does not create additional parcels. C. The lot line adjustment shall not cause any structure or any parcel to be made non-conforming or to be in violation of the Zoning Ordinance or any other provisions of the City ordinances. D. The lot line adjustment shall result in lots that meet the minimum dimensional requirements for the zoning district in which the property is located, or shall not further increase the non- conformity of any lot dimension. E. All parcels resulting from the lot line adjustment shall have frontage and access on an existing improved public street. F. The resulting parcels shall generally conform with the shape, character, and area of existing or anticipated land subdivisions in the surrounding areas. <!-- PageNumber="1" --> <!-- PageBreak --> G. Any such lot line adjustment shall not require any public improvements. H. Any such lot line adjustment shall not result in legal descriptions that are unduly complex. I. Prior to issuance of building permits, property irons shall be installed pursuant to Minnesota Statutes. J. The applicant warranties that he or she has obtained all necessary consent from all owners and interested parties of the property subject to the application. 2\. Filing. A lot line adjustment or lot consolidation application shall be filed with the City Planner on an official application form. The application shall be accompanied by the fee as set forth in the City's fee ordinance. The application shall also be accompanied by detailed written and graphic materials that describes the lot line adjustment. The application shall be considered as being officially submitted and complete when the applicant has complied with all the specified submittal requirements, as described in this Section. 3\. Staff Analysis. Upon receiving a complete application, as determined by staff review, the City Planner shall refer copies of the application to the City staff and other applicable public agencies as needed in order to receive written comments. The City Planner shall instruct the appropriate staff person to 1) coordinate an analysis of the application, 2) review the application for compliance with all applicable evaluation criteria, codes, ordinances, and applicable performance standards set forth in this Chapter and 3) prepare written approvals or denials. 4\. City Planner Review. The City Planner shall consider a lot line adjustment as follows: A. The City Planner shall either approve, defer or deny the application. B. A written permit shall be issued to the applicant when a determination of compliance has been made. Specific conditions to assure compliance with applicable evaluation criteria, codes, ordinances, and the standards of this Chapter may be attached to the permit. C. Determination of non-compliance with applicable codes, ordinances, and the standards in this paragraph shall be communicated to the applicant in writing and the application for the permit shall be considered denied; unless, within 10 days of the date of such notice, the applicant submits revised plans and/or information with which the City Planner is able to determine compliance. <!-- PageNumber="2" --> <!-- PageBreak --> D. If dedication of right-of-way on existing streets is required, the lot line adjustment shall be reviewed and acted on by the City Council. E. If an easement vacation is required, the lot line adjustment shall be reviewed and acted on by the City Council at the same meeting that the easement vacation is considered. 5\. Easement dedication. Prior to certification by the City of the approval of the lot line adjustment, the applicant shall supply required drainage and utility easements in recordable form to the City. Required easements shall be recorded in Anoka County. The costs of recording shall be paid by the applicant. 6\. Recording of lot line adjustment. If the lot line adjustment is approved, the applicant shall record the lot line adjustment with the County Recorder or the Registrar of Titles within six months of the date of approval, and pay all associated costs. No changes, erasures, modifications or revisions shall be made in any lot line adjustment after approval has been given by the City Planner or the City Council. 7\. Expiration of Lot Line Adjustment Approval. Unless the City Planner specifically approves a different time period, the approval of a lot line adjustment shall expire 6 months from the date it was approved, unless before expiration of the 6-month period, the applicant submits a written request for an extension thereof. Such request for an extension shall include the following: 1) an explanation for why the lot line adjustment or lot combination has not been filed, 2) what, if any, good faith efforts have been made to complete the process, and 3) the anticipated completion date. The City Planner may approve one such extension for a term not to exceed 6 additional months. B. APPLICATION REQUIREMENTS The materials, information and drawings required for submission of a lot line adjustment or lot consolidation application are listed in this section. In order for the application to be deemed complete, it shall include or have attached thereto all materials, information, and drawings listed in this section. Where possible, materials shall also be submitted digitally. 1\. Application Form. The applicant shall submit an official application form, as provided by the Town, including the following information: A. Location, address (if assigned), legal description and Anoka County property identification number (P.I.N.) of all parcels included within the proposed subdivision. B. Name, address, telephone number and signature of the applicant and all persons currently having an ownership interest in the parcels <!-- PageNumber="3" --> <!-- PageBreak --> comprising the proposed subdivision. C. Written description of request. Such description may be provided on a separate sheet of paper that is attached to the application form. 2\. Other Written Materials. The application form shall be accompanied by, or address, the following written materials: A. Completed application form and any necessary consent by interested parties signed by all owners in fee title, all lienholders, and all parties of interest in the property to be subdivided. B. Certificate of Survey, prepared by a licensed professional, containing information as listed on the checklist provided by the City. C. Proof of ownership by either a copy of a deed, abstract of title or attorney's opinion. The Town reserves the right to require additional ownership information or verification. If requested, such additional information shall be provided by the applicant, at the applicant's expense. D. Property descriptions, existing and proposed. E. Drainage and utility easement exhibits, with legal descriptions for all wetland and floodplain areas and adjacent lot lines. 3\. Fees and Escrow. The fees and escrow shall accompany the application form as set forth in the Nowthen fee ordinance.

Amendment history

No amendments recorded for this section yet. Admin review will populate this from minutes & agenda packets.