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<br />-I <br /> <br /> <br />Report #78-146 <br />June 8, 1978 <br /> <br />ew <br /> <br /> <br />Iri9hton <br /> <br />REPORT TO THE CITY COUNCIL <br /> <br />Request for postponement of Curbing <br />R.C.E. corporation <br /> <br />PURPOSE <br /> <br />To consider a request to defer installation of concrete curbing <br />at the Rice Creek Shopping Center. <br /> <br />BACKGROUND <br /> <br />In early October, 1977, a temporary certificate of occupancy <br />was issued to the R.C.E. Corporation for the first tenant of <br />the Rice Creek Center. The remaining site and landscape work <br />is now being completed in order to obtain the final certificate <br />of occupancy. A large item that remains is the concrete curbing <br />required along the western and southern borders of the property, <br />a total length of curbing of approximately 1,IOO feet. <br /> <br />By his attached letter Mr. Ernst is requesting that this <br />curbing be postponed as additional development is being proposed <br />both on the south and west of the shopping center. Mr. Ernst <br />made a similar request in July, 1977 but the Council took no <br />action on that request. It was noted at that time that when a <br />temporary certificate of occupancy was issued, Mr. Ernst would <br />have nine (9) months to actually complete the curbing. <br /> <br />At the time the current temporary certificate of occupancy was <br />granted, Mr. Ernst submitted a letter of credit in favor of <br />the City covering the remaining landscaping and curbing. This <br />letter of credit is valid until August 3l, 1978. The temporary <br />certificate of occupancy has just recently expired. <br /> <br />There are two problems we see with the request. First, the <br />ordinance in regard to temporary certificates of occupancy has <br />no provision for extension of the nine (9) month time limit. <br />(We would also note that meeting the time limit has not been a <br />problem in other developments in the City). The alternative <br />then would appear to be that a variance would be required. Such <br />a variance would follow just the normal variance procedure. <br /> <br />The second problem or concern is that the curbing requirement <br />has been consistently applied and completed in other develop- <br />ments throughout the City. <br /> <br />Issued by City Manager <br />