4.2 PCSR 11-28-2017
Request for Action
ToItem Number
Planning Commission4.2
Agenda Section Meeting DatePrepared by
Public Hearings November 28, 2017 Zack Carlton, Planning Manager
Item Description Reviewed by
Ordinance Amendment –City of Elk RiverChris Leeseberg, Senior Planner
Reviewed by
Subdivisions across plat boundaries, Case No.
OA 17-12
Action Requested
Recommend, by motion, approvalof the proposed amendment.
Purpose of the Ordinance Amendment
The proposed amendment streamlines the platting process for lot combinations and boundary line
adjustments which are exempt from the city’s subdivision ordinances per state statute.
Public Benefit
The change will save residents time and money when completing lot combinations and boundary line
adjustments.
Background/Discussion
State statute exempts certain property actions from a city’s subdivision ordinances. These include lot
combinations and boundary line adjustments, which are typically handled through the administrative
subdivision exemption process. These actions do not go before the City Council or Planning
Commission.
However, it has come to the city’s attention Sherburne County is not required, per state statute, to
combine lots or adjust parcel boundaries across plat lines. In situations where a property owner wants to
adjust property lines across plat lines, the county has required the changes to be submitted in the form of
a plat. Currently, the easiest way to complete this process within our ordinances is with the administrative
subdivision procedure, or simple plat. This requires submittal of a final plat, no preliminary plat is
needed, and only the City Council reviews these during a public hearing.
We have seen a number of these types of simple plats this year, and in order to streamline the process for
residents, staff proposes removing the public hearing requirement for plats when no new buildable lots
are being created. These types of lot line changes are exempt from our subdivision ordinances, and the
change will create a new approval process separate from our subdivision procedures.
Ordinance Sec. 30-352 describes the required platting exceptions described under state statutes. The
proposed amendment will change Sec. 30-352 (c) by describing the new approval process for simple plats
that do not create additional buildable lots. The process will not require a public hearing, and will be
approved by the City Council on the consent agenda.
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness,exceptional
service, and community engagement that encourages and inspires prosperity
Staff proposes replacing Sec. 30-352 (c) with the following language:
(c) Lot combinations and adjustments which are exempt from this Subdivision pursuant to
Minnesota Statutes or Sub-section 30-352(b), but which require platting pursuant to Sherburne
County recording requirements, shall be reviewed and approved by the City Council. Applicants
for a Platted Exemption shall submit an application on the form required and submit the fee
required, pursuant to the city’s fee schedule.
Council Meeting
If acted on, this item will go to theDecember 4, 2017, City Council meeting.
Attachments
Ordinance Amendment
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Commission\\OA 17-12 sr PC 11-28-2017 remove PH requirement.docx
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Ordinance17 -
An Ordinance Amending Section, 30-352, Platting required; exceptions, of the City
of Elk River, Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1.That§Section 30-352 (c),Platting required; exceptions,of the City of Elk River
Code of Ordinances shall be amended to read as follows:
Sec. 30-352. – Platting required; exceptions.
(c) In any case in which compliance with the restrictions of this section will create an unnecessary
hardship and failure to comply does not interfere with the purpose of this article, the city
council may waive such compliance by adoption of a resolution to that effect and the
conveyance may then be filed or recorded.
(c) Lot combinations and adjustments which are exempt from this Subdivision pursuant to
Minnesota Statutes or Sub-section 30-352(b), but which require platting pursuant to Sherburne
County recording requirements, shall be reviewed and approved by the City Council. Applicants
for a Platted Exemption shall submit an application on the form required and submit the fee
required, pursuant to the city’s fee schedule.
SECTION 2. That this ordinanceshall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 4th day of December, 2017.
______________________________
John J. Dietz, Mayor
ATTEST:
_______________________________
Tina Allard, City Clerk
Last Updated March 2014