10.2. SR 01-22-2013 - Laserfiche WebLink

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ACTION REQUESTED Provide direction to staff. BACKGROUND/DISCUSSION In April 2006, Pat Briggs received site plan approval to construct 14,420 square foot retail office building on a lot at 19022 Freeport Street. City staff, through the internal site plan review process, approved the project because it was a permitted use and complied with all applicable ordinances at the time. The approved building was identified as Phase 1 of a larger project. Phase 2 proposed to include a new restaurant building on the vacant lot south of the subject property. This vacant lot is owned by the school district. There was no deadline for when Phase 2 was to be constructed. The second phase has not been constructed. Both projects were to share the northern entrance drive off of Freeport Street. Parking for the Briggs building was installed on the north side of the drive. Additional parking was planned for the south side of the drive once that lot developed. No curb and gutter were installed on the south side of the drive, using the exception allowed by section 30 -901 (2): "the city may grant an exemption from the curbing requirement where the city has approved future expansion of the parking lot." The city recently received a complaint from an Elk River businessman who believes he is unfairly burdened by having to install curbing on his project while a competitor was not required to install similar improvements. He has concerns with having to wait six years for a future phase with no end in sight. Staff understands the complainant's concern, but does not feel that the property owner is in violation of our ordinance. One of the challenges to development is that it rarely occurs on a preconceived schedule. Options To address the complaint, staff has identified numerous options, assuming an application for Phase 2 is not received in the near future: 1. Inform the complainant that the curb will be added when Phase 2 is constructed. In the future, stipulate a time frame for future phases. PMaWERE0 0Y N: \Public Bodies \City Council \Council RCA \Agenda Packet \01 -22- 2013 \10,2.docx INATURE]