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FILE #16-3824 May 16, 2016 Page 2 of 2 (3) Resulting from court orders, or the adjustment of a lot line by the relocation of a common boundary as long as each of the two resulting lots meets the requirements of chapter 78. State Law reference— Similar provisions, Minn. Stat. § 462.352, subd. 13. State Statute: 462.352 Subd. 12.Subdivision. "Subdivision" means the separation of an area, parcel, or tract of land under single ownership into two or more parcels, tracts, lots, or long-term leasehold interests where the creation of the leasehold interest necessitates the creation of streets, roads, or alleys, for residential, commercial, industrial, or other use or any combination thereof, except those separations: (1) where all the resulting parcels, tracts, lots, or interests will be 20 acres or larger in size and 500 feet in width for residential uses and five acres or larger in size for commercial and industrial uses; (2) creating cemetery lots; (3) resulting from court orders, or the adjustment of a lot line by the relocation of a common boundary. The City reviews several lot line rearrangements a year, using a process entitled Lot Line Rearrangement. The code does not prescribe a provision for the review of a lot line rearrangement. To be consistent with city code and state statute, the proposed ordinance establishes a process where staff verifies that a proposal falls within these criteria, excepting the action from the subdivision code. If both lots meet minimum size and width requirements and all improvements remain conforming, a document will be created for recording. If one or both lots don’t meet the requirements, or if new non-conformities are created (hardcover, setbacks, etc.), a variance will need to be granted. For example, if the boundary line adjustment results in one lot being smaller, and therefor existing structural hardcover is over the 15% limit, a variance for structural cover would be processed. If approved, the boundary line adjustment would then be certified. Staff approval of boundary line adjustments will save applicant, staff, and Council time and be consistent with State Statute and City Ordinance. Recommendation Staff recommends approval of the ordinance as drafted.