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Item No. 5F Staff Report No. Meeting Date: 9/14/98 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: September 10, 1998 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.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. Analysis: Everest has not provided information on the reason for the delay. While it is staff's opinion that the extension would have no impact or adverse effect on the City or property owners of the City the city code states that the City Council can grant an extension which does not exceed 120 days. The City has already granted a 120 day extension therefore the code could be interpreted to prohibit any further extensions. The code could also be interpreted to say that any extension granted cannot exceed 120 days. Recommendation: Staff recommends that the City Council make the more liberal interpretation of the code and pass a motion approving an extension for the filing of Everest's plat from June 25, 1998 until October 25, 1998. _ ick Jopke, Co munity Development Director N:\DATA\USERS\RICKJO\SHARE\91498EV.RPT