5.1. PCSR 03-26-2024
Request for Action
To Item Number
Planning Commission 5.1
Agenda Section Meeting Date Prepared by
Public Hearings March 26, 2024 Zack Carlton, Community Development Director
Item Description Reviewed by
Ken Beaudry Chris Leeseberg, Senior Planner
Ordinance Amendment – Lot Line Changes and
Reviewed by
Platting Small Parcels, Case No. OA 23-07
Action Requested
Recommend, by motion, approval of the proposed ordinance amendment.
Background/Discussion
At the request of the applicant, and with the support of the Planning Commission and City Council, staff propose
an ordinance amendment that will allow a subdivision of land where a section of property is split from a larger lot
and attached to an adjacent parcel without platting.
The proposed amendment creates an exception to the platting requirements for unique situations where platting a
larger parcel is not necessary. Currently, ordinance states that any subdivision of land which results in a parcel that
is less than 20-acres for residential, or 5-acres for commercial requires a plat. The amendment removes this
requirement when the parcel being split includes a combination with an adjacent parcel. The exception also
requires that there shall be no increase in the number of parcels after the combination has been completed, and
that all parcels must be legal conforming upon recording.
In working with Sherburne County and the city attorney, the proposed amendment will create the ability within
our ordinance to complete the boundary line adjustment that the applicant has proposed in the past.
Financial Impact
None
Mission/Policy/Goal
Supports the growth and development of the community.
Agile, adapting to the changing needs of residents and businesses.
Attachments
Draft Ordinance
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Updated: January 2023
Strikethroughs to be removed
Underlines to be added
Ordinance 24 - ____
An Ordinance Amending Chapter, 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 § 30-352 (b), Platting required; exceptions, of the City of Elk River Code of
Ordinances shall be amended to read as follows:
(b) Subsection (a) of this section shall not apply to a conveyance if the land described:
(1) Is located in the former Town of Elk River and was a separate parcel of record on June
24, 1971;
(2) Is located in the former City of Elk River and was a separate parcel of record on
December 7, 1980;
(3) Is located in the former Town of Elk River and was the subject of a written agreement to
convey entered into prior to June 24, 1971;
(4) Is located in the former City of Elk River and was the subject of a written agreement to
convey entered into prior to December 7, 1970;
(5) Was a separate parcel no less than 2½ acres and 150 feet in width on January 1, 1966;
(6) Was a separate parcel of not less than five acres in area and 300 feet in width on July 1,
1980;
(7) Was a single parcel of commercial or industrial land of not less than five acres and having
a width of not less than 300 feet and its conveyance does not result in the separation or
division of the parcel into two or more lots or parcels, any one of which is less than five
acres or 300 feet in width; or
(8) Is a single parcel of residential or agricultural land of not less than 20 acres and having a
width of not less than 500 feet and its conveyance does not result in the division of the
parcel into two or more lots or parcels, any one of which is less than 20 acres in area or
500 feet in width.
(9) When a parcel is split to create a new lot that will be attached to an adjacent parcel. The
split must be associated with a lot combination or a plat that does not result in a net
increase in the number of parcels. All lots must be legally conforming after a combination
or plat is complete.
Last Updated January 2023
Strikethroughs to be removed
Underlines to be added
SECTION 2. That this ordinance shall 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 15th day of April, 2024.
______________________________
John J. Dietz, Mayor
ATTEST:
_______________________________
Tina Allard, City Clerk
Last Updated January 2023