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City of Missoula, Montana Item to be Referred to City Council Committee Committee: Public Works Committee Item: Right of Way Encroachment Permit for 434 North Higgins (Liquid Assets) Date: December 11, 2009 Prepared by: Doug Harby Initiated by: Doug Harby Action Required: Approve a 2 foot wide encroachment permit on the Spruce Street frontage of Lots 6- 10, Block M, C.P. Higgins Addition, 434 North Higgins. Recommended Motion: Timeline: Referral to committee: December 14, 2009 Committee discussion: December 16, 2009 Council acts to set hearing: N/A Public Hearing: N/A Background and Alternatives Explored: A 2 foot wide encroachment permit for this property was granted to the previous owners (Arthur and Joanne Mandell) in 1986 (copy attached). This permit was for the use of Worden’s Market and automatically revoked upon change of use. After the relocation of Worden’s to its present location, the owner changed the use to a pawn shop. The encroachment permit revocation was not pursued. Subsequently, the property was purchased by the present applicant Charles V. Baumgartner. The property is presently being used as a pawn shop (Liquid Assets). Again, the revocation of the present encroachment permit was not pursued. This encroachment came to the attention of the City Engineer during the preliminary review of the North Higgins Streetscape Project. One of the issues with the proposed improvements was to remove/relocate as many of the driveways served off of Higgins as reasonably possible. The subject parcel has such a driveway (see attached existing plan). The property owner was contacted with this information and agreed to the relocation of the driveway to Spruce Street (see attached proposed plan) if the City renewed the encroachment permit. City Engineering supports the renewal of the encroachment permit for the subject parcel. Financial Implications: The North Higgins Streetscape project will fund the relocation of the driveways and the City Traffic Services Division will restripe the parking on Spruce Street. The property owner will be responsible for the relocation of the pindown curbs and any restriping onsite. Attachments: Permit application Copy of the previous permit Existing site plan Proposed site plan