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Council approves RLS for 3481 La Verne Ave with tightened easement language after applicant concerns
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Summary
The Lake Elmo City Council approved a registered land survey (RLS) to split 3481 La Verne Ave (the former Creamery building) into two parcels, adopting an amendment to Condition 6 that ties the drainage/utility easement to water and sewer plans so the easement may be reduced based on approved connection plans.
The Lake Elmo City Council on Tuesday approved a registered land survey for 3481 La Verne Ave (the former Creamery building in the Old Village) after amending staff-recommended easement language at the applicant’s request.
Planning staff (Miss Monorusso) said the application from Chava Mission LLC and John Pisha would create two parcels so the western Creamery building sits on its own lot; existing and proposed zoning is village mixed use. Staff recommended seven conditions of approval and noted a city public-works/code provision that calls for a sewer connection ahead of a property sale but lacks an enforcement policy; staff said that enforcement issue could be discussed in a future workshop but did not block the subdivision decision.
The central point of debate was Condition 6, which originally required a drainage and utility easement along the entire north side of the building. The purchaser/applicant told the council the blanket phrasing felt ‘‘open-ended’’ and could allow future third-party access across the applicant’s finished parking area. The applicant asked that the easement wording be tied to actual bids or to approved connection plans so the easement could be reduced once connections were defined.
City staff and the city attorney said the council could approve the RLS with a condition that all proposed easements must be reviewed and approved by the city attorney and city engineer before the RLS is released for recording; they noted the RLS must be recorded within six months but that the applicant may request extensions. Council proposed and adopted a specific amendment to Condition 6 inserting the phrase, after the word ‘‘footprint,’’ ‘‘or as reduced based upon water and sewer plans for tract A and tract B.’’ The council then approved the resolution for the RLS (identified in the meeting as Resolution 2026-012) by voice vote.
The amendment clarifies that the drainage and utility easement may be narrowed based on approved utility connection plans for both resulting parcels, while preserving staff and engineering authority to confirm final easement dimensions and locations before recording. Council also discussed driveway-access requirements and clarified that driveway aprons would be brought up to code ahead of building permits but that applicants would not be required to repave parking areas before completing necessary underground work.
The RLS approval advances the subdivision process for the Old Village property; staff and the applicant will coordinate on final easement language and any required documentation before recording the RLS.
