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Item No. C Staff Report No. Meeting Date: 4/12/99 Type of Business: CA WK: Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business Ci of Mounds View Staff Report To: Mayor and City Council Members From: Rick Jopke, Community Development Director Item Title/Subject: Extension of Time frame to File Final Plat for the Everest Building N Project Date of Report: April 1, 1999 Background: On October 27, 1997 the city approved a final plat for Mounds View Business Park East 2ND Addition presented by the Everest Group,Ltd.to facilitate the development of Building N. The plat has not yet been filed. The City's subdivision code in 1202.07 Subdivision 4 states: "If the final plat is approved,the subdivider shall,within one hundred twenty(120)days,record it with the County Register of Deeds or Registrar of Titles ". The 120 day deadline occurred on February 27, 1998. The City Council on March 23, 1998 granted an extension until June 25, 1998 as allowed by ordinance. In September of 1998, Everest requested and was granted an additional extension. This extension has expired and Everest has requested an additional extension. The City's subdivision code in 1202 .07 Subdivision 5 states: "in the event the plat is not recordable as approved or the subdivider fails to record within the time prescribed herein,the Council may re-approve the final plat upon the following terms and conditions: a)that the subdivider proves to the satisfaction of the council that the delay was caused by conditions beyond the control of the subdivider, and b)that the extension of the time request has or will have no adverse effect on the City or property owners of the City, and that the Council shall set the time limit of the extension requested but in no event shall it exceed one hundred twenty(120) days. The City Council in the past has interpreted that multiple extensions can be granted but that any extension granted cannot exceed 120 days. Analysis: It is staff's understanding that the delay has been caused by the inability to finalize tenants for the proposed building. The proposed plat remains unchanged.It is staff's opinion that the extension would have no impact or adverse effect on the City or property owners of the City. Recommendation: Staff recommends that the City Council pass a motion approving a 120 day extension to allow the plat to be filed no later than August 10, 1999. 0-1 170 Rick Jopke, Community Development Director N:\DATA\USERS\RICKJO\SHARE\41299EV.RPT