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6 <br />over the parking area and shall include the existing water and sewer stubs which result in an <br />easement that extends over the north side of the property. This item is addressed via condition #6 <br />which states that the Drainage and Utility Easement shall be established along the entire north <br />side of the building, extending from eastern property line to western property line, and shall <br />encompass all areas outside of the building footprint. The final location and dimensions of the <br />easement shall be verified to the satisfaction of the City Engineer prior to recording. <br />OTHER CONSIDERATIONS: <br />After further review and discussion among staff, legal counsel, and the applicants and property <br />owners, staff have identified additional considerations for the Council. While these issues do not <br />inherently affect approval of the current subdivision, staff want to ensure the Council is aware of <br />them. <br />Sewer and Water Connection <br />During review of this application staff identified a public works ordinance 5.08.080 which <br />requires sewer and water connections ahead of a property sale. Review of this project has <br />highlighted a gap between this policy and implementation/enforcement. The Council should <br />discuss how the City should approach this code and provide direction to staff in the future. This <br />could occur at a future workshop. <br />This request is a planning/zoning act and not the sale, conveyance, or transfer of property <br />ownership at this time. <br />Note: Certain future regulatory requirements may require establishing a sewer connection <br />before the property is sold or transferred. <br />Property Use <br />This application is not for a change of use. The City has requested the applicant provide <br />documentation/evidence of a lawful nonconforming use. Because staff have not received <br />evidence at this time, no determination has been made. <br />RECOMMENDATION: <br />Staff recommend that the City Council’s approval of the Registered Land Survey (RLS) No. 132 <br />with conditions outlined in the staff report. <br />SUGGESTED MOTION: <br /> “Move to approve of proposed Resolution 2026-012 for the property located at 3481 Laverne <br />Avenue N. based on the findings of fact and the conditions presented in the staff report.” <br />Alternate Motion: <br />“Motion to amend resolution 2026-012 as directed by City Council and bring back to the <br />March 3rd meeting.” <br />ATTACHMENTS: <br />1.Application Materials <br />2.Agency Review Memos <br />•Fire Memo dated 9.23.2025 <br />•Engineering Memo dated 9.23.2025