Perimeter Easements in New Subdivisions

The city has recently updated the subdivision ordinance.  A number of changes were made to provide for better design requirements which accomplish a better end product.  One such end product is the establishment of Drainage and Utility Easements to be dedicated on the final plat. 

It is common to have these platted.  They occur along lot lines allowing the city or other utilities to work in the setback areas of lots to provide utility services or fine tune drainage needs that were not expected at the time of design.  In establishing the requirement a 6 foot easement was required on either side of an interior lot line and a 12 foot easement was required around the perimeter of the plat (outside edges). 

The city ran into problems with the perimeter easements in that most residential zones have a required side yard setback of 10 feet.  Having a 12 foot easement would require an additional 2 feet of setback for those lots that exist around the perimeter of the plat.  This creates an inconsistency and is problematic in that some areas would require 12 feet side yard setback and others would require 10.  Keeping track of when to use what setback creates uncertainty.  The interior lots with a 6 foot on either side of the line easement would not create a problem with a 10 foot setback but consistency was felt required. 

The Planning Commission reviewed the required Drainage and Utility Easement.  They felt it should be standardized to establish consistency and recommended that change.  The City Council agreed with the change and it was adopted at the June meeting. 

Counil Compensation

City Council members are never fully compensated for all the time that goes into being a member.  They don’t serve for the compensation they receive but it does offset some of the expenses they incur in doing the job.  In Breezy Point the amount of council compensation has remained the same since 1995.  Starting in 1995 the salaries paid to members of the council stand at $200 for mayor and $150 for council members per month.  

In contrast, the compensation paid to council members in neighboring communities is a bit higher.  

Nisswa         Mayor $350/month, 

                    Council members’ $300/month

                    Special Council meetings at $50/meeting

Crosslake     Mayor $450/month, 

                    Council members’ $350/month

                    Any additional meeting (committee or council)
                    up to 4/month at $20 each

Pequot Lakes    Mayor $350/month, 

                       Council members’ $325/month

                       Special Council meetings at $20/meeting

Minnesota statues allow council members to set salaries but it can only be done at certain times.  A siting council cannot increase its own salary.  No change in the salary can take effect until after the next succeeding regular city election. 

The Breezy Point City Council adopted an ordinance at their June meeting to increase the compensation for council members starting in 2015.  The new rate for council members will be $250 per month and the mayor will receive $300 per month.  Although compensation received for being a council member is not a significant amount it was hoped that the increase would be helpful in attracting individuals to run for election and be part of the city council. 

Breezy Point Resort M & H Complex

Some of you may understand consolidation of property and some not.  The term can be used in a few different ways but what I’m talking about is the consolidation of adjacent lots into one property for the purposes of ownership and taxation.  Many homes in Breezy Point have multiple lots.  Sometimes the home is built across two lots.  Other times additional property is just an adjoining lot. 

Combining these lots is something that is required when a building permit is issued.  Combining lots results in one property tax statement rather than two or more.  Once consolidated the property can’t be divided again unless a formal subdivision is accomplished.  It is also important to combine lots when the issue of impervious surfaces becomes an issue.  Generally speaking any hard surface that sheds water is an impervious surface.  In areas such as ours where water quality is very important limiting the amount of runoff limits the amount of potential contaminants that can enter a waterway.  The city and other jurisdictions limit the amount of impervious surface through zoning codes. 

This past fall Breezy Point Resort had made application for a maintenance and dormitory facility.  This required a conditional use permit and the question of impervious coverage became an issue.  The existing facility had met the impervious coverage standards but with an expansion of the facility additional land was needed to be added to the property.  Several adjacent lots were owned or available to address the standards for impervious coverage but not consolidated into one lot. 

As a condition of the conditional use permit providing for the expansion of the building,    the property had to be consolidated.  Typically this is done administratively with a form requesting the consolidation of the properties, providing the properties originate from the same plat.  In this instance the property to be combined had one lot in a different plat.  Administratively combining the lots was not possible so a re-plat of the property needed to occur.  A new plat was developed and presented for approval called the Breezy Point Resort M & H Complex.  The plat was approved by the city council and can now be recorded as a new plat within the city of Breezy Point.