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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 for 420 Nora Street Date: September 24, 2009 Prepared by: Doug Harby Initiated by: Territorial Landworks Inc. Action Required: Consider a right-of-way encroachment permit for parking at 420 Nora Street. Recommended Motion: The committee recommends the City Council deny a right-of-way encroachment permit for parking at 420 Nora Street. Timeline: Referral to committee: Committee discussion: Council acts to set hearing: Public Hearing: Background and Alternatives Explored: This is a portion of the Nora Street right-of-way adjacent to the old Meadow Gold building. This building has been modified to include residential and commercial areas. The property owners requested that the existing angle parking on the Nora frontage of this property be retained as part of the required ROW improvements. This type of parking, which is located within the boulevard, does not comply with parking or landscaping requirements. The City Engineer will consider approving upon reviewing the following information, such as: location on a low volume street, the property was originally developed with no on-site parking, sufficient right of way, improvements such as sidewalks, curbing and paving, and that because it is on public right-of-way it must remain available for general public use. There are many locations that this type of parking has been allowed such as adjacent to commercial properties in the Slant Street area and most recently along Oxford and Kent near Tremper’s Shopping Center. Although this property did not meet all the normal criteria, because it did have sufficient (according to the original zoning compliance permit) on-site parking, the City Engineer felt it was in the best interest of the developer to approve this parking. Note; this parking existed for the prior business located at this site and did not create any functional conflicts. Subsequent to this approval and the construction of this parking area per the requirements set forth by the City Engineer, the property owner has requested that a right-of-way encroachment permit be approved for this parking. This would allow the property owner to prevent the general public from using this parking and to be able count this parking toward meeting the parking requirements for changes anticipated after the approval of the zoning compliance permit. The City Engineer does not support this request for the following reasons: 1. One of the requirements considered by the City Engineer prior to approval was that this parking be retained for general public use. ---PAGE BREAK--- 2. We have concerns about the legal issues if this encroachment is granted and a use which needs this parking to meet the parking requirements is located on the adjacent property, and this parking was removed by the City for a different use. Will the City be responsible for providing parking for this property perpetually or will the use that required this parking have to be discontinued? 3. Allowing the use of public right-of-way for private parking restricts what the City can do with the ROW in the future. 4. Allowing the use of public right-of-way for private parking will set a precedent due to the large number of similar situations and possibly limit City Engineer approval of this parking configuration in the future which may significantly impact businesses that need this parking. Financial Implications: Significant if legal issues result from removal of this private parking in the future. Attachments: Application MOU