07-28-1986 Council Packet - Laserfiche WebLink

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Minnesota Statute ubd. 2a clearly states that the scope of a municipality's buodivi;ion control powers includes the ability to set standards and requirements addressing, among other things, size, location, grading, improvement of lots, structures, public at,:�as, streets, roads, trails, curbs, walkways, anu the protection and conservation of flood plains, shore lands, soils and water. Finally, the statute states that the subdivision regulations shall require that the subdivisions be consistent with the municipality's official map and zoning ordinances. Chapter 11 of the Orono City Code sets forth the City's subdivision policy and regulations. The language container n Section 11.02 articulates the City's policy ari purpose for subdivision regulations, mirroring to a large tent the objectives and policy statement set forth in Minnesota Statute §462.358. The City's regulations emphasize the need for consistency between the City's Comprehensive Plan, sound, orderly development and the need to provide for the public health, safety and general welfare. Against this framework the answers to the three questions outlined above are as follows: 1. The City can require that more than minimal zoning and subdivision regulations be met before approving a subdivision application. Minnesota Statutes, and Section 11.02, Suhd. 9 of the City Code clearly recognize the City's ability to attach reasonable conditions to the subdivision of land. The conditions must not be ar.itrary and should promote the general purposes upon which the subdivision regulations are based. For example, if a particular proposed access presents traffic hazards, a danger to the general welfare, or is not consistent with future development plans, the City can require that an alternative access be used. Obviously, personal taste cannot be a guiding factor as the regulations must be related t the scope of the powers granted to the municipalities by the legislature. 2. Nothing in statute or the City Code prohibits the City from granting an applicant more variances than originally requested. Section 11.02, Subd. 10 of the City Code outlines the conditions upon which a variance may be granted by the City in the instance of a subdivision recuest. Subdivision variances may be granted if ex'taordinary hardship or practical difficultie. ould result from the strict enforcement of subdivision regulations, and if the variance would in fact serve the purposes of Chapter 11 to a greater extent. Variances cannot be ,ranted if such a variance would: a. Vary t - provisions of the Comprehensive municipal Plan. -2-