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APPROVAL OF LOT SPLIT

JM
Jon Miller
Mon, Mar 20, 2023 3:01 PM

Counselors,

Facts:

  • Owner of property has a portion of his property that is inaccessible because of a ravine
  • Owner wants to split that inaccessible portion off and sell it to his neighbor
  • The property to be split off will not conform to the minimum lot requirements for the zoning district (no street frontage, etc.)

Do any of your cities have a process for approving a lot split under these facts?  To approve of a lot split, our ordinances require the resulting lots conform to all requirements for the zoning district.  I could see where the city could require covenants be included in the deed to make the conveyed tract appurtenant to the neighbor's larger tract, thus ensuring that they will be conveyed together in the future.

How have your cities addressed this situation?  If you have an ordinance that would apply, can you share it?

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments.  If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others.  Sharing this email may result in a loss of the attorney-client privilege.

Counselors, Facts: * Owner of property has a portion of his property that is inaccessible because of a ravine * Owner wants to split that inaccessible portion off and sell it to his neighbor * The property to be split off will not conform to the minimum lot requirements for the zoning district (no street frontage, etc.) Do any of your cities have a process for approving a lot split under these facts? To approve of a lot split, our ordinances require the resulting lots conform to all requirements for the zoning district. I could see where the city could require covenants be included in the deed to make the conveyed tract appurtenant to the neighbor's larger tract, thus ensuring that they will be conveyed together in the future. How have your cities addressed this situation? If you have an ordinance that would apply, can you share it? Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.