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City Council Ordinance 33 ORDINANCE AMENDMENT The City Council of Monticello, Minnesota hereby ordains that Ordinance Section 11-1-7 relative to Exceptions to the Subdivision Ordinance be amended to read as follows: 11-1-7 Exceptions: When requesting a Sub- division if either of the following two conditions exist the subdivider is required to present a certificate of survey, have the subdivision reviewed by the Planning Commission, reviewed and approved by the City Council and adhere to the park dedication requirements spelled out in Ordinance Section 11-6-1 through 11-6-5 and all other sub- division requirements shall be waived. A. In the case of a request to divide a lot which is a part of an existing ]_ot of record where the division is to permit the adding of a parcel of land to an abutting lot or to create two lots and the newly created property line will not cause the other remaining portion of the lot to be in violation with this Ordinance of the Zoning Ordinance. B. Such division results in parcels havin g an area of five (5) acres or more with frontage on a public right-of-way measuring three hundred (300) feet or more and when such division does not necessitate the dedication of a public right-of-way; or if a lot which is part of a plat recorded in the office of the Register of Deeds of Wright County is to be divided and such division will not cause any structure on the lot to be in violation of the Zoning Ordinance or said new portions of lots to be violation of city ordinances. Adopted by the City Council this_F27th_„day f July, 1977• `,p,. C. 0. Johnson, Mayor ATTEST: ~/'~'~- ary ieber, City Adm. _r ' II-I-I II-I-7 CHAPTER SECTION: II-I-I SHORT TITLE II-I-2: PURPOSE II-I-~: SCOPE I{-i- : APPROVALS NECESSARY FOR ACCEPTANCE OF SUBDIVISION PLATS II-I- CONDITIONS FOk RECORDING II-I-~: BUILDING PERMITS II-I-~: EXCEPTIONS II-i- SEPARABILITY II-I-9: CONFLICT AN ORDINANCE ESTABLISHING REGULATIONS FOR THE SUBDIVISfON AND PLATTING OF LAND WITHIN THE CITY OF MONTICELLO, DEFINING CERTAIN TERMS USED THEREIN; PROVIDING FOR THE PREPARATION OF PLATS; PROVIDING FOR THE INSTALLATION OF STREETS AND OTHER IMPORVEMENTS; PROVIDING FOR THE DEDICATION OF CERTAIN LAND FOR PARKS AND PLAYGROUNDS; ESTABLISHING PROCEDURES FOR APPROVAL AND THE RECORDING OF PLATS; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE; AND REPEALING ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT HEREWITH. THE COUNCIL OF THE CITY OF MONTICELLO DO ORDAIN: II-I-I: SHORT TITLE: THIS ORDINANCE SHALL BE KNOWN as THE "SUBDIVISION ORDINANCE OF THE CITY OF MONTICELlO", AND WILL BE REFERRED TO HEREIN AS "THIS OreDINANCE~'. II-I-2: PURPOSE: IN ORDER TO SAFEGUARD THE BE57 INTERESTS OF THE CITY OF MONTICELLO AND TO ASSIST THE SUBDIVIDER IN HARMONIZING MIS INTERESTS WITH THOSE OF THE CITY AT LARGE, THE FOLLOWING ORDINANCE IS ADOPTED IN ORDER THAT ADHERENCE TO SAME WILL BRINGS RESULTS BENEFICIAL TO BOTH PARTIES. IT IS THE PURPOSE OF THIS ORDINANCE TO MAKE CERTAIN REGULATIONS ANO REQUIREMENTS FOR THE PLATTING OF LAND WITHIN THE CIT'r OF MONTICELLO PURSUANT TO THE AUTHORITY CONTAINED IN MINNESOTA STATUTES ANNOTATED, WHICH REGULATIONS THE CITY COUNCIL DEEMS NECESSARY FOR THE HEALTH, SAFETY ANO GENERAL WELFARE OF THIS COMMUNITY. II-I-3: SCOPE: THE PROVISIONS OF THIS ORDINANCE RELATE TO ANY DIVISION OF A TRACT OF LAND INTO TWO OR MORE PARCELS BY PLATTING REPLATTING, CONVEYANCE. REGISTERED LAND SURVEYS OR OTHER MEANS. II-I-~: APPROVALS NECESSARY FOR ACCEPTANCE OF SUBDIVISION PLATS: BEFORE ANY PLAT SHALL BE RECORDED OR BE OF ANY VALIDITY, IT SHALL BE REFERRED 70 THE CITY PLANNING COMMISSION AND APPROVED BY THE CITY COUNCIL OF MONTICELLO AS HAVING FUIFIllEO THE REQUIREMENTS OI~ THIS ORDINANCE. II-1-5: CONDITIONS FOR RECORDING: No PLAT p~- ANV SUBDIVISION SHALL BE ENTITLED TO RECORD IN THE WRIGHT COUNTY REGISTER OF DEEDS OFFICE OR HAVE ANr vAL101TY UNTIL THE PLAT THEREOF HAS BEEN PREPARED, APPROYEO, AND ACKNOWLEDGED IN THE MANNER PRESCRIBED By THIS ORDINANCE. II-I-6: BUILDING PERM175: ND BUILDING PERMITS Will BE CONSIDERED FOR ISSUANCE BY THE CITY OF MONTICELLO FOR THE CONSTRUCTION OF ANY BUILDING, STRUCTURE OR IMPROVE- MENT TO 7HE LAND OR TO ANY lOT IN A SUBDIVISION AS DEFINED HEREIN, UNTIL ALL REQUIREMENTS OF THIS ORDINANCE HAVE BEEN FULLY COMPLIED WITH, II-I-7 EXCEPTIONS: WHEN REpUESTING A SUBDIVISION IF EITHER OF THE FOLLOWING TWO CONDITIONS EXIST THE SUBDIVIDER IS REQUIRED TO PRESENT A CERTIFICATE OF SVRVEv, HAVE THE SUBDIVISION REVIEWED BY THE PLANNING COMMISSION, REVIEWED AND APPROVED eY THE CITY COUNCIL AND ADHERE TO THE PARK DEDICATION REQUIREMENTS SPELLED OUT IN ORDINANCE SECTION it-6-I THROUGH i1-6-5 AND ALL OTHER SUBDIVISION REQUIREMENTS SHALL BE WAIVED. A, IN THE CASE OF A REQUEST TO DIVIDE A LOT WHICH IS A PART OF AN EXISTING lOT OF RECORD WHERE THE DIVISION IS TO PERMIT THE ADDING OF A PARCEL OF LAND TO AN ABUTTING LOT pR TO CREATE 7W0 LOTS AND THE NEWLY CREATED PROPERTY LINE WILL NOT CAUSE THE OTHER REMAINING PORTION OF THE LOT TO BE IN VIOLATION WITH THIS ORDINANCE OF THE ZONING ORDINANCE. II-I-8 II-I-9 , II-i-B: SEPARABILITY: IF ANY SECTION, SUBSECTION, SENTENCE, CLAUSE OR PHRASE OF THi~ ORDINANCE IS FOR ANY REASON NELO TO BE INVALID, SUCH DECISION SHALL NOT AFFECT THE VALIfa1TY OF THE REMAINING PORTIONS OF THIS ORDINANCE• II-I-9: CONFLICT: WHENEVER TNERE IS A DIFFERENCE BETMEEN MINIMUM STANDARDS OR DIMENSIONS SPECIFIED HEREIN AND THOSE CONTAINED IN OTHER OFFICIAL REGULATIONS, RESOLUTIONS OR ORDINANCES OF THE CITY THE HIGHEST STANDARDS SHALL APPLY, i J <~ I i ~ ~. ~, i _, .. t~ I i_ i I i I I i .. • -i-1-g IN PARCELS HAVING AN AREA OF FIVE ~5~ ACRES OR MORE WITHvFRONTAGE ON A PUBLIC RIGHT-OF-WAr MEASURING THREE HUNDRED ~300~ FEET OR MORE AND WHORNI~UAHLOTV1dHIOCH DISEPARTTOFEAEPLATARECOROEDEOINCTHEOOFOFICE OFBTHE REGHSTER OF WAY , DEEDS OF WRIGHT COUNTY IS TO BE DIVIDED AND SUCH DIVISION WILL NOT CAUSE ANY STRUGTU ON THE NOVIOLABTIONNOFIOCiTYIORDINANCES?ON1~7 2jD77A#33,OR SAID NEW POR710NS OF LOTS TO BE I II-I-B~ OFPTHABS'ORDYNANCE ASYFORCANYNREASONEhIELDNTOSBETINVALID~ASUCHODEGHSAON SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS ORDINANCE. ~~-1-9; CONFLICT: WHENEVER THERE IS A DIFFERENCE BETWEEN MINIMUM STANDARDS OR DIMENSIONS SPRESOLUTIONSEOR ORDINANGESGOFTTHEECITY OTNEEHIGHESTISTANDARDS REGULATIONS, SHALL APPLY. •