CR 94-165 Subdivision/Zoning Amendments
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. August 3 1, 1994 ~ Council Report 94-165
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SUBDIVISION/ZONING AMENDMENTS
Pro Dosed Action.
Staff recommends the following motion: Move to approve Resolution 94-80 approvmg
Ordinance 94-742 for first reading which makes various amendments to the Subdivision and
Zoning Ordinance.
At the Zoning and Planning meeting, Mr. Racek moved and Mr, Day seconded a motion to
approve Resolution RZ94-10 recommending approval of Ordinance 94-742 making various
amendments to the Subdivision and Zoning Ordinance. The motion carried unanimously,
Overview.
In May, the City Council placed a moratorium on subdivisions within the City. The purpose
of the moratorium was to review the existing ordinance and make possible amendments.
During this process the City staff, City Attorney, and a planning consultant provided input for
e the proposed amendments to the subdivision ordinance,
Also, the Zoning and Planning Commission made recommendations on possible amendments,
One concern that the Planning Commission has was to have the Zoning Ordinance and the
Subdivision Ordinance compatible. The Planning Commission reviewed the proposed
amendments at their July meeting,
The staff briefly reviewed the major changes to the Ordinances, Because the Planning
Commission had reviewed the proposed amendments at the July meeting there was little
discussion on this matter,
Primary Issues to Consider,
0 What are the changes to the ordinances?
SUDDortin2 Documents,
0 Analysis of Issues
0 Resolution 94-80
0 Ordinance 94-742
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CR94-165
Page 2
. Primary Issues to Consider,
0 What are the changes to the ordinance?
The following are the changes to the ordinance:
Section 500
definition changed to be the same as the Zoning Ordinance
Subd. 6. "City plan" means the comprehensive developmclflt plan prepared and maintained by
the zoning and planning commission and adopted by the council, indicating the general
locations recommended for the various functional classes of public works, places and
structures, and for the general physical development of the city, and includes any unit or part
of such plan separately adopted and any amendment to such plan or parts thereof.
Subd. 6. "Comprehensive municipal plan" that compilation of material. statements, goals,
standards and maps adopted by the commission and used by the commission in making
recommendations for guiding the orderly development of the private and public sectors of the
city.
new definition to define an easement, will be the same as the Zoning Ordinance
e Subd. 9. "Easement" means the grant or acquisition of certain limited rights in the use of
land for public or pri',1ate purposes by means other than lease or other rental arrangements.
Subd. 9. "Easement" is a grant by a property owner for the use of a strip of land, for the
purpose of constructing and maintaining, utilities. including but not limited to. wetlands,
ponding areas. sanitary sewers, water mains. electric lines, telephone lines, storm sewer or
storm drainage ways and gas lines.
new definition to define a flag lot
Subd. 13. "Lot" (flag) means lots or parcels with less frontage on a public street than is
normal1y required. The panhandle is an access corridor to lots or parcels located behind lots
or parcels which normally required street frontage.
definition changed to be the same as Zoning Ordinance
Subd, 13, "Lot (double frontage)" means any parcel of and, the opposite ends ohyhich abut
upon streets other than alleys,
Subd, ]4, "Lot (through)" a lot not a corner lot which has a pair of opposite lot lines which
abut upon streets other than alleys.
.
CR94-165
Page 3
. definition is currently in Zoning Ordinance, will be added to Subdivision Ordinance
Subd, 15. "Outlot" a parcel of land, included in a plat which is smaller than the minimum
size permitted for lots and which is thereby declared unbuildable until combined through
platting with additional land: or a parcel of land which is included in a plat and which is at
least double the minimum size and which is thereby subiect to future platting prior to
development; or a parcel of land which is included in a plat and which is designated for public
or private open space. right-of-way. utilities or other similar purposes. An outlot is
unbuildable and no permits to construct upon or improve an outlot may be issued.
adding concrete curb and gutter to required public improvements
Subd. 20, "Required public improvements" means those improvements in any proposed
subdivision, including streets, concrete curb and gutter, water and sewer systems and storm
water drainage systems, which are required in connection with the approval of any plat or
other subdivision,
new definition for right-of-way
8ubd, 19, "Right of ','lay" means the area ',vithin the limits of a street
Subd, 21. "Right-of-way" an area or strip of land. either public or private. on which an
irrevocable right-of-passage has been recorded for the use of vehicles or pedestrians or both.
.
500.03
Subd. 3,
distance changed from 100 feet to 150 feet for preliminary plat information
d) location, widths and names of existing or previously platted streets or other public
ways, parks and other public lands, permanent buildings and structures, easements and
section and corporate lines within the preliminary plat and to a distance WO 150 feet
beyond the boundary line;
e) location and size of existing sewers, water mains, culverts or other underground
facilities, both public and private, within the preliminary plat area and to a distance of
+Gf) 150 feet beyond. Such data as grades, invert elevations, and location of catch
basins, manholes, and hydrants shall also be shown;
f) boundary lines of adjoining unsubdivided or subdivided land, within -Um--150 feet,
identifying by name and ownership;
.
CR94-165
Page 4
. minor changes to requirements for preliminary plat
Subd, 4.
c) typical cross-sections of proposed improvement upon streets and alleys, together with
an indication as to the method of disposing of the proposed storm water runoff in
accordance with all applicable rules and regulations:
Subd. 7.
a) a statement and/or expert analysis of the proposed use of lots, type of business or
industry so as to reveal effect of the development on traffic, fire hazards or congestion
of population; The city staff has the discretion to determine if expert analysis is
needed.
d) notation made as to present or projected installation of curb and gutter, sidewalks,
boulevard improvements, and the location of street trees;
g) a statement regarding the proposed access to the lot and how it will affect the
adjoining property.
. 500,07,
a) refer two copies of the preliminary plat to the zoning and planning commission for its
examination and report and one copy to the city engineer for his examination and
report, Copies of the City Engineer's report of the engineer shall be given to the
zoning and planning commission at least 15 days prior to the hearing required by
500,07 b.
street widths changed
500,27
Subd, I,
Classificati on Right-of-Way Roadway
Collector Streets 'KJ 74 feet 44- 48-52 feet
Minor Streets 6Q 66 feet ~ 36 feet
Marginal Access Streets M) 60
.
CR94-I65
Page 5
. right-of-way was substituted for street to be consistent with definition
Subd, 10. Private rights-of-way. Private rights-of-way shall not be approved nor shall
public improvements be installed in any private street right-of-way.
language removed because it was confusing and unclear
Subd. 11, Hardship to oVlller of adjoining property avoided, The right of way arrangements
shall not be such as to cause hardship to owners of adjoining property if!. platting land and
providing convenicflt access to it.
curb and gutter will be required for all new streets when there is a subdivision
500.33. Minimum standards: curb and gutter. Concrete curb and gutter may shall be
included as a part of the required street surface improvement and shan thus be designed for
the installation along both sides of all roadway in accordance with the standards of the city,
sodding will be required for all subdivisions
500.35. Minimum standards: boulevard sodding, Boulevard sodding may shall be included
as a part of the required street improvements,
. new sidewalks will now be either 5 or 6 feet and will have to conform to all state and
federal standards
500.37 Minimum standards: sidewalks, Subdivision 1. Width, Sidewalks may be required
to be included as part of the required street improvement and widths shall conform to the
following minimum standards, All sidewalks and curb openings shall conform to an applicable
state and federal standards.
Classification Width
Single family zone 5- Q feet
city engineer will determine the surface of pedestrian ways
500.39. Minimum standards: pedestrian ways, In blocks of over 900 feet in length,
pedestrian crosswalks through the blocks, and at least ten feet wide, may be required by the
city council in locations deemed necessary to protect public health, convenience and welfare.
Pedestrian ways shall be suitably surfaced as determined by the city engineer.
sewage disposals will have to meet all state codes
. 500.43 Minimum standards: sewage disposal. Extensions of the public sanitary sewer system
shall be designed so as to provide sewer service to each lot. The design of said extensions
CR94-165
Page 6
. shall be in accordance with the standards of the city and all applicable state codes. Private or
group sewage systems shall be in accordance with state laws and this code and subject to
approval by the council.
drainage systems will now be required and approved by the city engineer and other
agencies
500.45. Minimum standards: drainage. A complete and adequate design drainage system will
may--be required for the subdivision and which system or systems shall be designed in
conformity with all applicable standards of the city, and subject to the approval of the city
engineer and their governing agencies.
if a lot has wetlands, only 50% of those wetlands will be counted for the total area of lot
size
500.55
Subd. 2. Size. The lot dimensions in subdivisions designed shall not be less than the
minimum dimensions required to secure the minimum lot area specified in the zoning code,
For the purposes of complying with the lot size requirements of the City's subdivision and
zoning regulations. no portion of any wetlands in excess of 50% of the total area of a lot will
be taken into account.
. lot size will be standardized, lots will have to be substantially square, rectangle or
triangular
Subd, 9, Lot shape, Lots shall be substantially square, rectangle or triangular. Lots shall
have a minimum of 3 sides and a maximum of 6 sides to allow for utilities and drainage
easements, The shape of the lots shall generally conform to the lot shapes in the area,
flag lots will not be permitted in subdivisions
Subd, 10. Flag lots, F]ag lots are not permitted in any subdivisions,
minor changes in language to installation of public improvements
500,57
Subd, 3. Public improvements, In any such proposed subdivision which is intended or zoned
for any residential use, the subdivider will at the subdivider's expense, under the supervisions
and subject to the approval of the engineer, cause the extension, construction and installation
of all required public improvements to every parcel resulting from such subdivision intended
for present development. The subdivider may petition the council for such installation under
. the appropriate Minnesota Statutes or under the city charter and cause the land benefited
thereby to be specially assessed therefor. If for reason such procedure is impossible or
CR94-165
Page 7
. deemed not feasible by the city council for any reason, of if the city council for any rcason
finds that the city may be deemed insecure by rcason of the spreading of such special
assessments because of possible future land forfeiture covered in such special asscssments
because of possible future land forfeiture covered ifl such special assessment due to
non payment of taxes or any othcr reason. In both cases the council will require such
subdivider or developer to deposit with the city clerk, either a cash amount or a surety bond
approved by the city attorney equal to at least 150% of the total legal and other fees and
expenses in connection therewith to guarantee the full payment of the installation of such
improvements in such subdivision. The amount of cash or of the surety bond required
hereunder shall be fixed by an estimate made by the city engineer in the same manner as the
method provided by statute in such cases in the engineer's preliminary report necessary for the
installation of such utilities by the city, pursuant to the statues in such cases, The cash amount
or surety bond with not be released until one ( 1) year after final acceptance as a means to
provide a guaranteed one year maintenance period,
Subd. 4, Installation by subdivider. In all proposed subdivisions other than those intended for
residential use, the subdivider may be permitted at the subdivider's expense to install, or cause
to be installed, any or all such required public improvements in any part, or all of this
subdivision, provided that such construction shall conform in all respects with the city
standards, including applicable statutes and requirements of this code and such plans are
prepared at the expense of the subdivider by a competent engineer and thereafter submitted to
and approved by the engineer, Thereafter prior to the issuance of any building permit upon
. any part, or parts, of such subdivision the subdivder or the developer shall deposit with the
clerk either cash or a surety bond approved by the city attorney in the amount to be
determined by the engineer by the same method as set forth in subdivision 2, such deposit to
guarantee the payment of the entire cost of such proposed installation designed to serve that
pursuant to the plans on file therefor. One (1) year after the completion of such installation of
all such required public improvements, pursuant to such approved plan, such deposit or bond
shall be returned or canceled by the city in accordance with subdivision 2 upon proof
furnished by such subdivider or developer that the entire cost of such installation and
construction as required by the city has been paid in full, and that such installation and
construction was completed pursuant to plan and approved by the engineer.
waiver of plat section has been added
500.60 Waiver of Plat. Subdivision 1. In certain circumstances a waiver of plat maybe more
appropriate than a subdivision to divide a property if the subiect property has been platted.
An applicant may apply for a waiver of plat if the following circumstances exist:
a) the lot(s) involved in the proposed division are platted
b) the division requested is a substantially single line
. c) that the division will not create more than one additional lot
CR94-165
Page 8
. d) that the division wilt not require the dedication of a public right of way or
extension of utilities in a public right of way
e) that the new lots created conform to all standards
Subd. 2, Application, All applications for a wavier of plat must include a survey of
the property to be divided and the new legal descriptions of the property after the division.
Subd, 3. Action by the commission, Application for a waiver of plat shall be referred
by the planing department to the Zoning and Planning Commission which shall hear the
applicant. or representative thereof, at its next regular meeting, provided all necessary data has
been submitted. The Commission shall recommend such conditions relating to the granting of
the waiver as its deems necessary to so as to carry out the intent and purpose of this code and
the standards in Subd. 1. or shall recommend denial of the request, The Commission's
recommendation shall be forwarded to the City Council .
Subd. 4. Filing. Applications for a waiver of plat shall be filed with the zoning
administrator with such filing fee as may be from time to time established by resolution of the
council.
That the Hopkins Zoning Ordinance No. 515-570 be and the same is hereby amended
. by amending the following sections:
515,07
a definition of an easement is added and will be the same as Subdivision Ordinance
Subd, 47. Easement: is a grant by a property owner for the use of a strip of land, for the
purpose of constructing and maintaining. utilities. including but not limited to, wetlands,
ponding areas, sanitary sewers, water mains. electric lines. telephone lines. storm sewer or
storm drainage ways and gas lines,
definition of lot has been amended to be the same a Subdivision Ordinance
Subd, 71. Lot: a parcel of land abutting on a public or approved pri'v'-ate street and of
sufficient size to provide the yards and area required by this code,
Subd, 72, Lot, means a parcel of land delineated upon and thereafter described by reference
to a plat. registered land surveyor auditor's subdivision. or other similar recorded dedicatory
document.
definition changed not to require paralleled streets on a through lot
Subd, 82. Lot - through: a lot. not a corner lot which has a pair of opposite lot lines abutting
. two substantially parallel streets which abut upon streets other than alleys,
-,-
CR94-l65
Page 9
. section added to state outIots are un buildable
Subd. 100. Outlot: a parcel of land, included in a plat, which is smaller than the minimum
size permitted for lots and which is thereby declared unbuildab]e until combined through
platting with additional land; or a parcel of land which is included in a plat and which is at
least double the minimum size and which is thereby subject to future platting prior to
development; or a parcel o(and which is included in a plat and which is designated for public
or private open space, right-of-way, utilities or other similar purposes, An outlot is
unbuildable and no permits to construct upon or improve an outlot may be issued.
a lot will be required to have at least 35 feet on a right-of-way and have access to the lot
from this right-of-way
560.05. Frontage. No residence shall hereafter be erected upon any lot unless such lot abuts
upon an improved public right-of-way street for at least 35 ~ feet and provides access to the
lot from this right-of-way unless it is located within an approved P.U.D, The access to a lot
may be only 35 in width from a public right-of-way
Alternatives
. 1. Approve the proposed amendments to the subdivision and zoning ordinance, By
approving the amendments, the Subdivision and Zoning Ordinance will be amended.
2. Deny the proposed amendment to the Subdivision and Zoning Ordinance. By denying the
amendments, the Subdivision and Zoning Ordinance will be not amended, If the City
Council considers this alternative, findings will have to be stated that support this
alternative.
3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued,
.
CITY OF HOPKINS
. Hennepin County, Minnesota
RESOLUTION NO: 94-80
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING AMENDMENTS TO THE ZONING AND SUBDIVISION ORDINANCE
WHEREAS, an application for various amendments to the subdivision
and zoning ordinance, ZN94-2, made by the City of Hopkins is approved;
and
WHEREAS, the procedural history of the application is as follows:
1. That an application for ordinance amendments ZN94-2 was made
by the city of Hopkins on July 29, 1994.
2. That the Hopkins Planning commission, pursuant to published
notice, held a public hearing on the application and
reviewed such application on August 30, 1994: all persons
present were given an opportunity to be heard.
3. That the written Comments and analysis of the City staff
were considered.
. NOW THEREFORE, BE IT RESOLVED that the application for ordinance
amendment ZN94-2 is hereby approved based on the following Findings of
Fact:
1. That to protect the health, safety and welfare of the
residents, the subdivision and zoning ordinance are amended.
Adopted this 6th day of September, 1994.
Charles D. Redepenning, Mayor
ATTEST:
James A. Genellie, city Clerk
.
...----
. CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO, 94-742
AN ORDINANCE A1vIENDING THE ZONING
ORDINANCE AND SUBDIVISION ORDINANCE
BE IT ORDAINED by the City Council of the City of Hopkins as follows:
That the Hopkins Zoning Ordinance No, 500 be and the same is hereby amended by
amending the following sections with the following language:
Section 500,01
Subd, 6. "Comprehensive municipal plant I that compilation of material, statements, goals,
standards and maps adopted by the commission and used by the commission in making
recommendations for guiding the orderly development of the private and public sectors of the
city,
Subd, 9. "Easement" is a grant by a property owner for the use of a strip of land, for the
purpose of constructing and maintaining, utilities, including but not limited to, wetlands, ponding
areas, sanitary sewers, water mains, electric lines, telephone lines, storm sewer or storm drainage
. ways and gas lines.
Subd. 13, "Lot" (flag) means lots or parcels with less frontage on a public street than is
normally required. The panhandle is an access corridor to lots or parcels located behind lots or
parcels which normal1y required street frontage.
Subd. 14. tlLot (through)" a lot, not a corner lot, which has a pair of opposite lot lines which
abut upon streets other than alleys.
Subd. 15, "Outlot it a parcel of land, included in a plat, which is smaller than the minimum size
permitted for lots and which is thereby declared unbuildable until combined through platting with
additional land; or a parcel of land which is included in a plat and which is at least double the
minimum size and which is thereby subject to future platting prior to development; or a parcel of
land which is included in a plat and which is designated for public or private open space,
right-of-way, utilities or other similar purposes, An outlot is unbuildable and no permits to
construct upon or improve an outlot may be issued.
Subd. 20. "Required public improvements" means those improvements in any proposed
subdivision, including streets, concrete curb and gutter, water and sewer systems and storm water
drainage systems, which are required in connection with the approval of any plat or other
subdivision,
.
. Subd, 21. "Right-of-way" an area or strip of land, either public or private, on which an
irrevocable right-of-passage has been recorded for the use ofvehic1es or pedestrians or both.
That section 500.01 is renumbered
Section 500.03
Subd.3.
d) location, widths and names of existing or previously platted streets or other public ways,
parks and other public lands, permanent buildings and structures, easements and section
and corporate lines within the preliminary plat and to a distance 150 feet beyond the
boundary line;
e) location and size of existing sewers, water mains, culverts or other underground facilities,
both public and private, within the preliminary plat area and to a distance of 150 feet
beyond, Such data as grades, invert elevations, and location of catch basins, manholes,
and hydrants shall also be shown;
f) boundary lines of adjoining unsubdivided or subdivided land, within 150 feet, identifying
by name and ownership;
Subd, 4.
. c) typical cross-sections of proposed improvement upon streets and alleys, together with an
indication as to the method of disposing of the proposed storm water runoff in accordance
with all applicable rules and regulations;
Subd, 7.
a) a statement and/or expert analysis of the proposed use of lots, type of business or industry
so as to reveal effect of the development on traffic, fire hazards or congestion of
population; The city staff has the discretion to determine if expert analysis is needed,
d) notation made as to present or projected installation of sidewalks, boulevard
improvements, and the location of street trees;
g) a statement regarding the proposed access to the lot and how it will affect the adjoining
property.
Section 500.07,
a) refer two copies of the preliminary plat to the zoning and planning commission for its
examination and report and one copy to the city engineer for his examination and report,
. Copies of the City Engineer's report shall be given to the zoning and planning commission
at least 15 days prior to the hearing required by 500,07 b.
.
. Section 500,27
Subd, 1.
Classification Right-of-Way Roadway
Collector Streets 74 feet 48-52 feet
Minor Streets 66 feet 36 feet
Marginal Access Streets 60 feet
Subd, 10. Private rights-of-way. Private rights-of-way shall not be approved nor shall public
improvements be installed in any private right-of-way.
500,33. Minimum standards: curb and gutter, Concrete curb and gutter shall be included as a
part of the required street surface improvement and shall thus be designed for the installation
along both sides of all roadway in accordance with the standards of the city.
500.35. Minimum standards: boulevard sodding, Boulevard sodding shall be included as a part
of the required street improvements.
. 500,37 Minimum standards: sidewalks. Subdivision 1. Width, Sidewalks required to be
included as part of the required street improvement and widths shall conform to the following
minimum standards, All sidewalks and curb openings shan conform to an applicable state and
federal standards.
Classification Width
Single family zone 5 -6 feet
500.39. Minimum standards: pedestrian ways. In blocks of over 900 feet in length, pedestrian
crosswalks through the blocks, and at least ten feet wide, may be required by the city council in
locations deemed necessary to protect public health, convenience and welfare. Pedestrian ways
shall be suitably surfaced as determined by the city engineer,
500.43 Minimum standards: sewage disposal. Extensions of the public sanitary sewer system
shall be designed so as to provide sewer service to each lot. The design of said extensions shall be
in accordance with the standards of the city and all applicable state codes, Private or group
sewage systems shall be in accordance with state laws and this code and subject to approval by
the council.
500.45, Minimum standards: drainage. A complete and adequate design drainage system will be
. required for the subdivision and which system or systems shall be designed in conformity with all
--- - .,
.
. applicable standards of the city, and subject to the approval of the city engineer and their
. .
governIng agenCIes.
Section 500.55
Subd. 2. Size. The lot dimensions in subdivisions designed shall not be less than the minimum
dimensions required to secure the minimum lot area specified in the zoning code, F or the
purposes of complying with the lot size requirements of the City's subdivision and zoning
regulations, no portion of any wetlands in excess of 50% of the total area of a lot will be taken
into account
Subd.9, Lot shape, Lots shall be substantially square, rectangle or triangular. Lots shall have a
minimum of 3 sides and a maximum of 6 sides to allow for utilities and drainage easements. The
shape of the lots shall generally conform to the lot shapes in the area,
Subd, 10, Flag lots. Flag lots are not permitted in any subdivisions.
Section 500.57
Subd. 3, Public improvements, In any such proposed subdivision which is intended or zoned for
any residential use, the subdivider will at the subdivider's expense, under the supeIVisions and
subject to the approval of the engineer, cause the extension, construction and installation of all
. required public improvements to every parcel resulting from such subdivision intended for present
development The subdivider may petition the council for such installation under the appropriate
Minnesota Statutes or under the city charter and cause the land benefited thereby to be specially
assessed therefor. In both cases the council will require such subdivider or developer to deposit
with the city clerk, either a cash amount or a surety bond approved by the city attorney equal to at
least 150% of the total legal and other fees and expenses in connection therewith to guarantee the
full payment of the installation of such improvements in such subdivision, The amount of cash or
of the surety bond required hereunder shall be fixed by an estimate made by the city engineer in
the same manner as the method provided by statute in such cases in the engineer's preliminary
report necessary for the installation of such utilities by the city, pursuant to the statues in such
cases, The cash amount or surety bond with not be released until one (1) year after final
acceptance as a means to provide a guaranteed one year maintenance period.
Subd, 4. Installation by subdivider. In all proposed subdivisions other than those intended for
residential use, the subdivider may be permitted at the subdivider's expense to install, or cause to
be installed, any or all such required public improvements in any part, or all of this subdivision,
provided that such construction shall conform in all respects with the city standards, including
applicable statutes and requirements of this code and such plans are prepared at the expense of the
subdivider by a competent engineer and thereafter submitted to and approved by the engineer.
Thereafter prior to the issuance of any building permit upon any part, or parts, of such subdivision
the subdivder or the developer shall deposit with the clerk either cash or a surety bond approved
. by the city attorney in the amount to be determined by the engineer by the same method as set
forth in subdivision 2, such deposit to guarantee the payment of the entire cost of such proposed
- -,
. .
. installation designed to serve that pursuant to the plans on file therefor, One (1) year after the
completion of such installation of all such required public improvements, pursuant to such
approved plan, such deposit or bond shall be returned or canceled by the city in accordance with
subdivision 2 upon proof furnished by such subdivider or developer that the entire cost of such
installation and construction as required by the city has been paid in full, and that such installation
and construction was completed pursuant to plan and approved by the engineer.
That section 500 of the Hopkins of the subdivision regulations is hereby amended by
adding the following provision:
500.60 Waiver of Plat Subdivision 1, In certain circumstances a waiver of plat maybe more
appropriate than a subdivision to divide a property if the subject property has been platted, An
applicant may apply for a waiver of plat if the following circumstances exist:
a) the lot(s) involved in the proposed division are platted
b) the division requested is a substantially single line
c) that the division will not create more than one additional lot
d) that the division will not require the dedication of a public right of way or extension of
utilities in a public right of way
. e) that the new lots created conform to all standards of the appropriate district
Subd, 2, Application, All applications for a wavier of plat must include a survey of the
property to be divided and the new legal descriptions of the property after the division,
Subd, 3, Action by the Commission. Application for a waiver of plat shall be referred by
the planing department to the Zoning and Planning Commission which shall hear the applicant, or
representative thereof, at its next regular meeting, provided all necessary data has been submitted.
The Commission shall recommend such conditions relating to the granting of the waiver as its
deems necessary to so as to carry out the intent and purpose of this code and the standards in
Subd, 1, or shall recommend denial of the request. The Commission's recommendation shall be
forwarded to the City Council,
Subd. 4. Filing. Applications for a waiver of plat shall be filed with the zoning
administrator with such filing fee as may be from time to time established by resolution of the
council,
That the Hopkins Zoning Ordinance No, 515-570 be and the same is hereby amended by
amending the following sections:
. Section 515.07
. ,
. Subd, 47. Easement: is a grant by a property owner for the use of a strip of land, for the
purpose of constructing and maintaining, utilities, including but not limited to, wetlands, ponding
areas, sanitary sewers, water mains, electric lines, telephone lines, storm sewer or storm drainage
ways and gas lines.
Subd.72, Lot: means a parcel of land delineated upon and thereafter described by reference to a
plat, registered land surveyor auditor's subdivision, or other similar recorded dedicatory
document.
Subd. 82, Lot - through: a lot, not a corner lot, which has a pair of opposite lot lines which abut
upon streets other than alleys.
Subd, 100, Outlot: a parcel of land, included in a plat, which is smaller than the minimum size
permitted for lots and which is thereby declared unbuildable until combined through platting with
additional land; or a parcel of land which is included in a plat and which is at least double the
minimum size and which is thereby subject to future platting prior to development; or a parcel of
and which is included in a plat and which is designated for public or private open space,
right-of-way, utilities or other similar purposes. An outlot is unbuildable and no permits to
construct upon or improve an outlot may be issued.
That the entire section 515 is renumbered,
. Section 560
560,05, Frontage. No residence shall hereafter be erected upon any lot unless such lot abuts
upon an improved public right-of-way for at least 35 feet and provides access to the lot from this
right-of-way unless it is located within an approved P.U.D, The access to a lot may be only 20 in
width from a public right-of-way
First Reading: September 6, 1994
Second Reading: September 20, 1994
Date of Publication: September 28, 1994
Date Ordinance Takes Effect: October 18, 1994
Charles D. Redepenning, Mayor
ATTEST:
. James A Genellie, City Clerk