Agenda - Planning Commission - 04/07/2011

Home

Minn. Stat. § 462.352 subd. 12 (2) Minn. Stat. § 462.352 subd. 12 (3) Minn. Stat. § 462.352 subd. 12 Minn. Stat. § 462.358 la; A.G. Op. 59A -32, (Nov. 4, 1977); A.G. Op. 59a -32, (Dec. 1, 1972.) Minn. Stat. §462.36 subd 3 LMC information memo, Planning Commission Guide LMC information memo, Zoning Guide for Cities See Section II-C -2 Metropolitan Council requirements and the Metropolitan Land Planning Act for more information on the Metropolitan Land Planning Act • Separations where all the resulting parcels, tracts, lots, or interests will be five acres or larger in size for commercial and industrial uses. • Cemetery lots. • Court ordered divisions or adjustments. • Lot consolidation, since subdivision refers only to separation of land. A developer may still choose to submit these types of divisions to the city's regulatory subdivision process. However, it appears cities are without authority to require them do so. As a result, the city attorney should be consulted on these applications. 2. Extra - territorial application When neighboring towns have not adopted their own subdivision regulations, a city can extend the application of its subdivision regulations to unincorporated territory located within two miles of its limits in any direction. These regulations would supersede any county subdivision regulations. A city cannot extend its subdivision regulations into a neighboring incorporated city, whether or not the neighboring city has adopted subdivision regulations. When two cities that do not share a common border have boundaries less than four miles apart, each city is authorized to control the subdivision of land an equal distance from its boundaries within this area. The city must pass a resolution if it opts to extend the application of its subdivision regulations. When a city opts to extend its subdivision regulations beyond its borders, the city must file copies of all resolutions approving subdivisions in the extra- territorial area with the clerk of the affected town. C. Interactions with and differences from the city's zoning ordinance Much like a zoning ordinance, a city subdivision ordinance can be a powerful tool to help cities implement their comprehensive plan. Subdivision ordinances may cover similar topics and are often confused with zoning regulations. However, there are important differences between zoning regulation and subdivision regulation. Ideally, a city will have both in place, though this is not required by state statute for cities outside of the metropolitan area. 6 LEAGUE OF MINNESOTA. CITIES