We have a proposal to construct a new building on an existing lot. The builder has floated the idea of creating parking stalls along the street instead of creating a parking lot on site. This is a low-traffic sidestreet that is substandard (no curb or storm sewer). There is already a continuous curb cut across the street, a leftover from the bad planning days of the 1970's.
This appears to me to be a good idea. The parking would be perpendicular to the street, there would be negligible traffic impacts, and as curb, storm sewer, and sidewalks would be installed, the street would actually be improved. Hopefully, the owner across the street might make a similar improvement. Here are the problems:
The parking stalls would not be entirely in the ROW, but would cross the lot line. The developer would prefer that the stalls be private, but we can't agree to allowing exclusive use of the ROW by a private party. Vacating the street is not an option. If the lot line were moved to put the stalls entirely in the ROW, the lot would not conform to zoning, and the setbacks would mandate a smaller building (the problem that on-street parking is meant to correct). There is also a question of maintenance, where our DPW would prefer that plowing and other maintenance be performed by the building owner.
1. Does anybody have thoughts on how to rectify the lot line issue? (or does anyone have examples of agreements to permit the shared public/private use of the ROW for parking?)
2. Does anybody have examples of maintenance agreements for parking lots such as this?