Laserfiche WebLink
<br />3. <br /> <br />Properties to the north and east are zoned UTF and consist of <br />farming and grazing on large parcels. Properties to the west and <br />south are within the City of St. Paul and are in residential use. <br /> <br />4. <br /> <br />Soil Type <br />Woodburn Silt Loam <br /> <br />SCS Soil Class Hiqh Value <br />II/III Y <br /> <br />% of Parcel <br />100% <br /> <br />5. <br /> <br />Current resource use of the parcel (from Standard Industrial <br />Classification - SIC - Manual); Type OOI Acres 4.47 <br /> <br />6. <br /> <br />Applicant asks for a determination that a 4.47 acre tract contains <br />seven legal lots. <br /> <br />v. <br /> <br />Additional Findings of Fact and Conclusions of Law <br /> <br />1. <br /> <br />Applicant has the burden of proving all relevant standards and <br />criteria are met. <br /> <br />2. <br /> <br />This case is labeled an administrative review. The MCUZO contains <br />no specific process called administrative review. Administrative <br />review is a type of review under the MCZO (Rural), and its closest <br />counterpart in the MCUZO is a determination. <br /> <br />Under MCUZO 42.02, a determination includes, but is not limited <br />to, written information provided by the Zoning Administrator <br />regarding the application of the ordinance to a specific lot, such <br />as an indication of conformance with appl~cable provisions of the <br />MCUZO in official correspondence or on a state agency permit, <br />building permit, mobile home siting permit, occupancy permit, or <br />similar document. <br /> <br />Under MCUZO 42.06 (a), the Zoning Administrator shall determine <br />from available records whether a subject lot was established in <br />conformance with applicable county regulations, or shall otherwise <br />clearly indicate the limited scope of the determination. <br /> <br />Under MCUZO 42.06(c), if a determination cannot be made without <br />interpretation or the exercise of factual, policy or legal <br />judgement the Zoning Administrator shall deny the request. Where <br />a determination with regard to a proposed use or structure cannot <br />be made without interpretation or the exercise of factual, policy <br />or legal judgement the proposed use or structure may be approved <br />as a conditional use under MCUZO chapter 40. <br /> <br />A determination on the number of lots contained in the subject <br />property requires the. exercise of legal judgement, but does not <br />involve a proposed 'use or structure. No conditional use <br />application is required. Rather than initially deny the <br />application, to expedite the application process, the Zoning <br /> <br />ADM-O1-02\ORDER - 3 <br />SMITH <br />