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2 <br />Request:The request is to reconfigure the property boundaries to ensure that the former creamery <br />building (building on west side of the site) is fully contained within its own dedicated parcel. <br /> <br />Existing Zoning: VMX – Village Mixed Use <br />Future Zoning: VMX - Village Mixed Use <br />History:The western building on the site was formerly the Lake Elmo Creamery. The east side of the <br />site was previously used as a lumber yard. Buildings on the site are currently used for storage <br />and there is not a proposed change in use at this time. <br />Deadline Application Complete – 09/09/2025 <br />for Action: 60 Day Deadline – 11/08/2025 <br />City Council – 11/05/2025 <br />Applicable <br />Code Provisions: Registered Land Survey: 103.00.040 Registered Land Survey <br />Subdivision Regulations: 103.00.070 Minor Subdivisions <br />VMX Zoning District <br />REQUEST DETAILS <br />Registered Land Survey. Chama Mission LLC and John Pecchia are requesting City approval <br />of an RLS to reconfigure the property lines at 3481 Laverne Ave. The proposed subdivision will <br />result in the creation of two tracts. The former creamery building (3481 Laverne) is located on <br />Tract A. Tract B is directly to the East which includes storage buildings that will remain the <br />same use. This request would not create any additional building sites. Washington County is <br />requiring a RLS instead of a lot line adjustment/consolidation process due to the property being <br />Torrens property. <br />REVIEW AND ANALYSIS <br />Registered Land Survey (RLS): An RLS is a means of subdividing a Torrens parcel into <br />separate tracts of land. Minnesota Statutes Section 508.47 outlines the standards and <br />requirements for conveying Torrens property in Minnesota. The statute notes that “[t]he County <br />Registrar of Title may require the owner of a registered parcel who wishes to convey any part of <br />the Parcel to prepare a drawing known as a registered land survey.” Additionally, the statute <br />states that an RLS must be approved by the City in the manner required for approval of <br />subdivision plats. For this reason, the RLS is going through the minor subdivision process <br />instead of an administrative lot line adjustment/consolidation process. <br />Property Ownership: There are two different ways of owning and indexing real property in <br />Minnesota: Abstract and Torrens (Registered). With Torrens property, the owner is issued a <br />Certificate of Title, which forgoes the need for a chain of title (an abstract). A person who owns <br />Torrens property is assured that no one else has a claim to the property. Each time an owner <br />voluntarily transfers property, a new Certificate of Title is created and only information that is <br />currently relevant to title is shown on the Certificate. This process keeps the title of a Torrens <br />property up to date. Once a property’s title is registered and becomes Torrens, no one can gain <br />adverse possession rights against the title, including any prescriptive easement or statutory user <br />rights. <br />Review of Registered Land Survey: