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Page 9
<br /> MACKALL, CROUNSE d� MD ❑ RE �
<br /> L
<br /> . Mr. Bruce Malkerson January 12 , 1981
<br /> Page Six
<br /> d. The subject property r�eets the require-
<br /> ments for t�vo riparian access lots; and
<br /> e. A horizontal subdivision of the property
<br /> with walkway acc�ss is environmentally
<br /> more desirable than vertical subdivision.
<br /> The Planning Commission made its recommendation for approval by
<br /> a vote of 4 - 0, and after deliberating over the matter since
<br /> April 1980.
<br /> Municipal authority to regulate the subdivision
<br /> of land is created by the provisions of enabling legislation
<br /> in the form of the subdivision ordinance , k�hich, in this case,
<br /> is Chapter 39 of the Municipal Code of Orono. The local
<br /> legislative body, the Orono City Council , has the authority
<br /> ,L to impose conditions upon the subdivision -of land, so long
<br /> a��"'" as such conditions are within its delegated powers and are
<br /> reasonable. Such a legislative body has no power, ho�oever,
<br /> to impose conditions which are not c•:ithin its delegated
<br /> authority or applicable legislation. ':he conditions imposed
<br /> ��q� must be reasonable in light of the particular subdivision in
<br /> � � issue. See 82 l�m. �Jur . 2d, Zoning and Planning, Part D,
<br />� §§ 163-168 .
<br /> As in the case of other zoning decisions , the
<br /> approval or disapproval of a subdivision request will not, be
<br /> disturbed unless it is found to be unreasonable,� arbitrary,
<br /> capricious, or in violation of statutory or constitutional
<br /> provisions. Where a subdivision ordinance specifies standards
<br /> to which a proposed plat_ must conform, it is arbitrary and .
<br /> capricious as a matter of law to deny approval of a plat which
<br /> complies in all respects with the subdivision ordinance .
<br /> National Capital Corporation v. Village of Inver Grove Heights,
<br /> 222 N. W. 2d 550 (1974) .
<br /> In this case , the applicable ordinance contains
<br /> a special section governing the right of a residential homeoc•m er
<br /> � to divide I�is property on� time into two lots or parcels without
<br /> 1 the necessityo uf complying fully with the platting ordinance .
<br /> �S�yd.��y The Municipal Code of Orono, § 39. 021 provides that such a
<br /> v�'�► �1'� homeowner is entitled so to divic�e his property upon findings
<br /> '����" t ha t:
<br /> � �,�Z1 ,,,,�/, / a . A residential �tructure li�� k�ithin the
<br /> ��, �- ,y`,�"P-� a lot to be divide�? ;
<br /> �' y" pl
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