Planning commission unanimously recommends approval of Registered Land Survey 132 for 3481 Laverne Ave.

The Lake Elmo Planning Commission unanimously voted Oct. 15 to recommend City Council approval of Registered Land Survey 132, a minor-subdivision review that would divide the property at 3481 Laverne Ave. into two parcels so the former creamery building is fully contained on its own lot.

City staff told the commission the RLS is being processed through the city's minor subdivision procedures because county requirements triggered the registered land survey process rather than an administrative lot-line adjustment. Staff said the site is zoned VMX, the proposed parcelization would create two tracts (Tract A and Tract B), and no change in the buildings' use or new driveways or rights-of-way are proposed.

Staff reviewed agency comments returned in September and recommended conditions before recording, including addressing city attorney comments, satisfying the city engineer's memo dated Sept. 23, dedicating necessary right-of-way, recording required easements, obtaining sewer and water permits and associated fees before building permits are issued, and transferring or paying any special assessments. Staff also said the applicant must record the RLS and resolution within 180 days of approval or obtain a written extension from council.

John Picha, the property owner and applicant, told the commission he owns the building and has been working to stabilize and market the creamery for several years. "My goal is at this point to just clean it up and do what I can to find a good tenant in there that would be good for that part of town," Picha said.

A commissioner said the staff conditions and the support of Susan Dunn made the proposal acceptable. The commission made a motion to recommend approval based on staff findings and the conditions in the packet, seconded by another commissioner. The motion carried unanimously. Staff noted the matter will be scheduled before City Council on Nov. 5.

The approval recommendation does not authorize construction; staff said building permits and any required party-wall agreement will be addressed during permit review and must meet applicable building-code separations and permit conditions.

The commission opened a public hearing for RLS 132, but staff reported no written public comments had been received and no members of the public provided testimony beyond the applicant.

If City Council approves the RLS, the applicant will be required to complete the listed conditions prior to release of the RLS for recording, including addressing city attorney and city engineer comments, dedicating right-of-way to the satisfaction of the city engineer, securing utility permits, recording required easements, and resolving any special assessments or fees.