10.2. SR 01-22-2013ACTION 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]
2. Require the installation of the curbing at the next conditional use permit or building permit
associated with 19022 Freeport Street.
3. Notify the property owner to install curbing within a date to be established, informing the
applicant that the elapsed time has eclipsed reasonable expectations of temporary conditions.
FINANCIAL IMPACT
None
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Site plan dated April 13, 2006
Close up of area in question
N: \Public Bodies \City Council \Council RCA \Agenda Packet \01 -22- 2013 \10.2.docx
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