Sec. 69.306. - Planning administrator and board of zoning appeals approval.
(a) The planning administrator shall have the authority to approve those lot splits and adjustments of common boundaries which meet all of the required conditions in section 69.304. In approving lot splits and adjustments of common boundaries, the planning administrator shall review the application for compliance with section 69.304 and cause the application to be reviewed by the public works department and other affected city departments, if appropriate, and shall notify the applicant of any required modifications. When all conditions are met and modifications made, the planning administrator shall stamp the survey as approved. Such surveys and legal descriptions shall then be recorded. In instances where a variance from one (1) or more of the conditions for a lot split or adjustment of common boundary is needed, the planning administrator shall not approve it until a variance from the board of zoning appeals is granted.
(b) Where condition (3), (6) or (7) of section 69.304 is not met, the board of zoning appeals shall hold a public hearing to consider the variance from the required condition. The hearing shall be held in accordance with the provisions of sections 64.201 through 64.209 of this Code which give the board of zoning appeals the power to grant variances from the strict enforcement of the Code upon making the required findings of section 64.203.
(c) If a proposed lot split creates a new property line that bisects a building or other structure, a common wall agreement shall be filed on the deeds for both new parcels. This provision is intended to satisfy all of the zoning requirements for setbacks in lieu of a variance, but does not supersede any building code requirements resulting from the proposed lot split.
(d) A notice of decision shall be provided by United States Mail to all record owners of adjoining property as listed on the property tax records in the Office of the Ramsey County Recorder. This notice shall be provided on the same date that any preliminary or final decision regarding a lot split or adjustment of common boundary application is provided to the applicant.
(C.F. No. 95-794, § 2, 8-9-95; C.F. No. 03-235, § 1, 4-16-03; C.F. No. 03-1028, § 1, 4-7-04; Ord 15-32, § 1, 7-22-15)