Deeds & Agreements, Pending - File 76, 1967 - 1974 set 2

Home

Although the traffic generation as related to the size of that part of the property to be occupied by the banquet room itself is considerable, it is much less so as related to the size of the entire property, which has a frontage on Fremont Avenue of approximately 360 feet. Also, when the widening occurs, the available parking on the property will be reduced, so we have a case of conflicting needs. Further- more, the possibility of the City's extending the widening beyond this property in the near future appears remote. Because of these circumstances, it is my opinion that the Code provisions require grant and improvements to a greater extent than is reasonably related to the increased traffic and other needs of the proposed use. Therefore, I recommend that the obligation in this case be reduced to the requirement of granting the land required for a ten foot widening of the entire frontage on Fremont Avenue (approximately 3600 square feet), with no requirement for the construction of improvements. I recommend also that the property owners and their lessees be permitted to continue the use of the granted property for parking until such time as the actual widening occurs. One additional point should be made clear at this time. There is space on the property which is undeveloped and unused. Should future use of this vacant part of the property entail traffic generation, the requirement for improvement of the granted property would attach to that use.