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New Richmond council denies release of deed restrictions for two lots; owner told to return with written township sign-off
Summary
After extended debate about precedent and jurisdiction, the council voted to deny a developer—s request to release deed restrictions on two parcels from a 2007 extraterritorial plat. The owner and her buyer were urged to return with written confirmation from Erin Prairie Township before the council will reconsider.
The New Richmond City Council voted to deny a developer—s request to release deed restrictions on two parcels that were part of a 2007 extraterritorial plat.
City staff told the council the original Polfolk Ridge approval included lot-combination restrictions to preserve larger parcel sizes until municipal water and sewer were available. Earlier this year the developer recorded a new certified survey map (CSM) that reconfigured several small "ghost" lots into two larger parcels, one just over five acres and the other about two acres. The deed restriction on the original plat prohibits sale or conveyance of lots separately until public water and sewer are extended, staff said.
"The deed restriction itself can only be released or modified with approval from the City of New Richmond," city staff said during the presentation. Staff also warned the council that state law and case law have limited the city—s current extraterritorial zoning authority, and that removing restrictions could have zoning effects in Erin Prairie Township that the city does not control.
Robin Hafner, who identified herself as the owner of the purple (magenta) parcels, said she reconfigured the property to make her house more marketable and that the county and city had earlier approved the new CSM. "The magenta or purple is my property," Hafner said, adding she had contacted the township chair and road supervisor and had been told they were "okay with this." She told the council the title company discovered the deed restriction during a closing process, delaying a planned sale.
Several council members said releasing restrictions for two lots could set a precedent that would invite other owners in the subdivision to seek the same change, possibly increasing density on the city—s periphery and complicating future annexation or utility planning. One alderman said the action would effectively alter density in Erin Prairie Township and that written township concurrence would be needed.
A motion to deny the release of the deed restrictions carried on roll call. The council advised Hafner to return at a work session with written confirmation from Erin Prairie Township if she wishes the council to reconsider the request.
The council did not adopt any changes to the cemetery plat or county zoning as part of the vote; it denied only the specific release request for Lot 1 and Lot 2 as presented. The denial was framed as a city-level decision rather than a county or township approval and may be revisited only with additional written agreements.
