07-17-2017 CCM - Laserfiche WebLink

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City Council Minutes Page 12 July 17,2017 Councilmember Wagner asked how an issue is identified with the proof of parking agreement. Mr. Carlton stated he and the applicant determined 5 parking issues in a 6-month period would require construction of additional parking spaces to provide 1.97 stalls per unit. He stated the agreement would outline what constitutes an issue and if the variance is approved, the agreement would be brought to the council for approval at a later date. Mr. Beck stated a parking issue would be something like unexpected parking on a city street that would interfere with public safety access, or parking in a yard, or something that would clearly indicate a parking shortage. He stated the agreement is Eke a security blanket for the city. Mayor Dietz asked how long the applicant would have to remedy the parking shortage if there was a violation of the parking agreement. Counselor Beck stated a timeframe would be outlined in the parking agreement and would allow ample time during construction season to add the required parking spaces. Councilmember Westgaard asked if the agreement would be detailed and clear about the applicant's responsibility, and was Counselor Beck confident the language would have enough teeth for enforcement. He stated now is the time to enforce the ordinance,which was written for 2.5 parking stalls, and enforce an ordinance that was written with good market data over time to avoid future issues with enforcement of the agreement by having to spend taxpayer dollars. He stated the area is guided towards future development. He agrees with the applicant that the city doesn't want to see the applicant fail. Counselor Beck stated they would do the best they can with a clear parking agreement but enforcement is never easy. Councilmember Ovall asked questions regarding violations of the parking agreement. Councilmember Wagner stated she didn't feel on-street parking should be considered as parking spaces. She noted the comparables presented by the applicant during the public hearing were in locations with free public parking. She commended Mr. Carlton in working with the applicant to help with a parking agreement but felt nervous about the enforceability such an agreement and there was too much gray area around it. She reminded council the members of the Board of Adjustments were not in favor of this variance. She stated that staff has done a lot of work to find a solution for the applicant and wants it to work for the applicant but doesn't feel this is the route to take. NATURE]