06-18-2001 Planning Packet - Laserfiche WebLink

Home Browse Search

F. A subdivision may be denied if it fails to meet the performance standards in the ordinance, even if those performance standards are very discretionary in nature. Swanson v. City of Bloominpon. 421 N.W.2d 307 (Minn. 1988). The City must approve a subdivision that complies with the subdivision ordinance. National Capital Corp. v. Village of Inver Grove Heights . 222 N.W.2d 550 (Minn. 1974). The stanite provides that the subdivision regulations may require that any subdivision creating parcels be planed and that the regulations must require planing in subdivisions which create five or more lots which are 2-1/2 acres or less in size. Plats should conform with the requirements of Chapter 505 of Minneso'^a Statutes. In a municipality where subdivision regulations are in effect and have been recorded, no conveyance to which the regulations are applicable may be filed or recorded if the land is described by metes and bounds or by reference to a registered land survey or plat not approved by the municipality, except for cenain exceptions noted in the statute. There are financial penalties imposed on the seller for failure to comply anddr failure to inform a buyer (in the purchase agreement) of such property of the need to comply. Minn. Stat. § 462.358, Subd. 4 a. Permitted Use. Conditional Use Permits. In order for a use to be allowed in a specific zone or use district, it must be listed in the zoning ordinance as either a peimined or conditional use. or be similar enough >o such a listed use so as to be included by city staff, planning commission, or council interpretation or by application of common sense. See Frank’s Nursery Sales Inc, v. City of Roseville. 296 N.W.2d 605 (Minn. 1980), Farmington Township v. High Plains Cooperative. 460 N.W.2d 56 (Minn. App. 1990). If the use is not so listed as a peimined or conditional use. it is not allowed and the statute prohibits the granting of a variance for it. Minn. Stat. § 462.357 subd. 6. If the use is a peimined use. the property owner can usually develop the propeny for such a use upon filing of an application for a.building permit with plans show ing compliance with the state building code and the performance standards in the zoning code. In the cjbw* of a permitted use, there is normally no review by the planning commission or city council and if all of the listed performance standards are met. the building permit must be issued 490WBOM