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#2563 - Sketch Plan Comments <br />March 17,2000 <br />Page 2 <br />Section 10.03 Subd. 6(C): <br />C.The separation by the transfer or sale of non-conforming, undeveloped lots not <br />served by public sanitary sewer, aligned in a contiguous arrangement, undivided <br />by a public or private road or road easement and under same or common <br />ownership is not permitted without Council approval. Council approval is not <br />required if the separation of such lots results in individual building sites that <br />satisfy the area and width requirements of the Zoning Chapter. <br />Source: City Code <br />Effective Date: 4-1-84 <br />Parcels B and C on the survey are in fact: a) non-conforming, b) undeveloped, c) aligned in “a <br />contiguous arrangement, d) not separated by a road, and e) under common ownership. A literal <br />reading of this section indicates that it would require Council approval to sell these two lots <br />separately from each other to two different owners. This section might also be construed as <br />suggesting that these two undeveloped lots may not be separately sold from the adjacent <br />commonly owned substandard developed lot, because such a sale would leave the developed lot <br />with an inability to become conforming (via a lot combination). <br />Section 11.03 Subd. 2, Def. 65 (Definition of Subdivision) <br />65."Subdivision" - The separation of an area, parcel or tract of land under single <br />ownership into two or more parcels, tracts, lots or long-term leasehold interests where the <br />creation of the leasehold interest necessitates the creation of streets, roads or alleys, for <br />residential, commercial, industrial, or other use or any combination thereof, except those <br />separations: <br />(a)Where all resulting parcels, tracts, lots or interests will be 20 acres or <br />larger in size and 500 feet in width for residential uses and five acres or larger in <br />size for commercial and industrial uses; <br />(b)Creating cemetery lots; <br />(c)Resulting from court orders, or the adjustment of a common boundary <br />as long as each of the two resulting lots meets the requirements of the Zoning <br />Chapter of the City Code. <br />This definition indicates that division of a single parcel into two or more parcels is by definition <br />a subdivision and subject to the subdivision code. The three exceptions define situations which <br />would flot be considered as subdivisions, and would not be subject to the subdivision code. <br />i <br />.1 ..nrr:},,