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6.5. SR 10-20-2008REQUEST FOR ACTION To Item Number City Council 6.5. Agenda Section Meeting Date Prepared by Communi Develo ment October 20, 2008 eremy Barnhart, Plannin Mana er Item Description Reviewed by Request by Roger Derrick for Extension of West Oaks Final Plat Approval to October 1, 2010 Reviewed by Action Requested Roger Derrick, developer of West Oaks, is requesting extension of the final plat approval and other time related agreements to October 1, 2010. Staff recommends denial of the extension. Background/Discussion The Preliminary Plat for West Oaks was approved by the City Council on July 21, 2003. Phases were approved over tune: Phase 2: July 19, 2004; Phase 3: November 15, 2004, Phase 4: June 20, 2005, and Phase 5: August 21, 2006. Mr. Derrick is requesting an extension to October 1, 2010. The City Council recently discussed an extension policy. At that time, it was understood that in many cases, an extension would be appropriate. The Council seemed to agree that a total of two years of extension would be favorable. Mr. Derrick is requesting a four year extension from the Phase 5 approval date. The Council may want to limit extensions to protect itself. If certain fees are raised, or if standards or goals were to change, the Council would have no ability to compel these changes. Financial Impact None Attachments ^ Letter of request Action Motion by Second by Vote FOIIOW Up S:\PLANNING MAIN\Case Files\Plat\P 06-12 West Oaks 5th\Memo to request e~ension 10-20-08.doc SEA 18 2008 Cottage Homesteads at West Oaks, LLC Cottage Homesteads at West Oaks, LLC 7300 Metro Blvd., Suite #360 Edina, MN 55439 952.830.0161 Fax: 952.831.1215 September 17, 2008 Jeremy Barnhart Planning Manager City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: West Oaks plat Dear Mr. Barnhart, Please accept this letter as our formal request to extend the filing for the West Oaks plat, and any other development requirements contained in the developers agreement, until October 1, 2010. As you know, the real estate industry has been experiencing a marked slow down, and, consequently, we are unable to develop the next phase at this time. We all hope things will improve. Thank you for your consideration. Si Cottage Homesteads at West Oaks, LLC CC: George Sanford