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Council approves registered land survey at 3481 Laverne Ave after amending easement language
Summary
The council approved a registered land survey for the former creamery at 3481 Laverne Ave with a late amendment to condition 6 adding that the drainage/utility easement may be reduced "based upon water and sewer plans for tract A and tract B." The vote included discussion of recording deadlines and options to require easement approval before recording.
Lake Elmo — The Lake Elmo City Council on Feb. 17 approved a registered land survey (RLS) and minor‑subdivision for 3481 Laverne Ave (the former Creamery), but amended staff’s recommended condition wording to limit a broad utility easement.
Planner Miss Monterusso told the council the applicants are Chatham Mission LLC and John Pisha. Staff said the RLS will reconfigure the property so the former creamery building sits on its own parcel; the existing and future zoning remain village mixed use (VMX). Staff also noted the property is subject to a city code that requires sewer connection ahead of sale but that the city lacks a consistent enforcement policy on that point.
Applicant John Pisha told the council he and the seller support the RLS but objected to the current wording of condition 6, which he described as a broad drainage and utility easement "along the entire north side of the building" that felt open‑ended and could allow future access that would interfere with his planned parking and paving. "I don't wanna get to a point where I've finished and paved this parking lot area ... and then I find out that there's an agreement with the city and the developer directly to the east" that brings water and sewer through his parcel, Pisha said, asking that easement language be tied to bids or specific connection plans.
City Attorney (unnamed) responded that the council could approve the RLS with the condition that proposed easements be subject to review and approval by the city attorney and city engineer before the RLS is released for recording. He noted the applicant may obtain extensions of the RLS recording deadline if needed but cautioned the city cannot guarantee a future vacation outcome; it could agree to initiate a vacation process later.
A councilmember moved to approve the staff recommendation (recorded as proposed Resolution 2026‑012) with an amendment to Condition 6. The amendment — moved and seconded on the record — added the following after the word "footprint": ", or as reduced based upon water and sewer plans for tract A and tract B." The amendment passed by voice vote and was accepted into the conditions. Council then approved the RLS with the amended conditions by voice vote.
Staff and the applicant discussed that the RLS must be recorded within six months of approval unless an extension is granted, and staff confirmed the easement language will be reviewed by the city attorney and city engineer prior to final recording.
