07-28-1986 Council Packet - Laserfiche WebLink

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b. c. Vary the minimum requirements for a lot as set forth in the Zoning Chapter as .pplied to the entire subdivision; and, Vary the procedural requirements of the Chapter. While the City is somewhat limited in what variances it can grant, the language is clear that variances to promote the purposes of subdivision regulation are acceptable. The City should be advised, however, that it would not be appropriate to "trade' a variance to leverage a developer to make another change in the proposed subdivision. All variances should be based on hardship, justice, etc. as outlinrl in Section 11.02 and should not be used as means to accomplish ends that while acceptable are not directly tied to the granting of the variance. 3. The City may plan for the development of streets without adopting an official map setting forth the same. While Minnesota Statutes recognize that official maps are tools to effectuate the implementation of a comprehensive plan, the statutes do not require their use for the planning of streets. Should the City choose to address future traffic patterns and their effect on the City by adopting plans laying out streets and roads, it would i.t- advisable that the plan be adopted in an orderly, schematic way. Specifically, the City should avoid the appearance that the requirements for roads are simply piecemeal decisions for the City, and not based on any coherent plan. CONCLUSION: The Legislature has granted municipalities considerable discretion in regulating the subdivision of land within their respective jurisdictions. The discretion is to be guided by the goals of sound development and the protection of the community. Because the relevant statutes, case law and city ordinances do not specifically define what "sound developent° is, the City should be mindful that its regulations must have a rational basis and be enforced in pursuance of legitimate ends. KAB/jk 4675e -3-