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<br />Code, This proposal would re-plat the one combined lot into the three conforming lots that
<br />would access Lake Johanna Blvd. No variances are needed for this subdivision,
<br />
<br />
<br />This report will use the lot numbers as shown on the Final Plat where the western developed lot
<br />is Lot 1, the central lot is Lot 2, and the eastern lot is Lot 3. Some of the submitted plans have
<br />the numbers reversed,
<br />
<br />Proposed lots 2 and 3, as shown on the Final Plat, would each accommodate one new dwelling.
<br />Lot 1 has an existing dwelling and two accessory structures. Lot 1, the westernmost lost, would
<br />retain all of the 133 feet of shoreline,
<br />
<br />Park Dedication Fee
<br />
<br />For a subdivision that results in two new lots, Section 1130,08 Subd. 2 of the Subdivision
<br />Ordinance permits the City to require the applicants to dedicate up to six percent of the buildable
<br />land area in the subdivision or to pay a park dedication fee of up to six percent ofthe property's
<br />land value at the time the final plat is approved, Given the small size and location of a potential
<br />land dedication, a park dedication fee would be more appropriate then a land dedication.
<br />
<br />The applicant has submitted an official appraisal for Lots 2 and 3 prepared by Real Estate
<br />Appraisal Services, LLC. Lot 2 is valued at $180,000 and Lot 3 is valued at $190,000
<br />(Attachment 7D-2). The maximum park dedication fee for the two lots would be $22,200 or
<br />$11,100 per lot, which is six percent of the appraised market value of the land. Since State
<br />Statutes permit the City to only charge a park dedication fee for the new lots, Lot 1 is not subj ect
<br />to a park dedication fee.
<br />
<br />While the City does have guidelines for setting the maximum park dedication fee, State Statutes
<br />(462,358 Subd 2,b and 2,c) have additional criteria that while not directly reflected in the City's
<br />Subdivision Code, must be considered:
<br />. The regulations may require that a reasonable portion of the
<br />buildable land, as defined by municipal ordinance, of any proposed subdivision be
<br />dedicated to the public or preserved for public use as streets, roads, sewers, electric, gas,
<br />and water facilities, storm water drainage and holding areas or ponds and similar
<br />utilities and improvements, parks, recreational facilities, playgrounds, trails, wetlands,
<br />or open space
<br />. In establishing the portion to be dedicated or preserved or the cash fee, the City shall give
<br />due consideration to the open space, recreational, or common areas and facilities open to
<br />the public that the applicant proposes to reserve for the subdivision.
<br />. The municipality must reasonably determine that it will need to acquire that portion of
<br />land for the purposes stated in this subdivision as a result of approval of the subdivision.
<br />. The municipality must not deny the approval of a subdivision based solely on an
<br />inadequate supply of parks, open spaces, trails, or recreational facilities within the
<br />municipality,
<br />. There must be an essential nexus between the fees or dedication
<br />and the municipal purpose sought to be achieved by the fee or dedication. The fee or
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