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burnsville apartment project spells legal trouble

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burnsville apartment project spells legal trouble

burnsville officials had expected to break ground this summer on a high-end apartment project — complete with a gym, yoga studio and pool — one of just two multifamily buildings the city council has approved since 2004.instead, the city and developer have tabled the project as they brace for a court fight with the owners of a nearby strip mall, nicollet plaza. christopher penwell, a lawyer for the mall, told the city council that the project has too many units and inadequate parking, violating several agreements and altering the original site plans.“they’re trying to pack too much on this particular site, and it doesn’t work,” penwell said.the city council unanimously approved changes to the project plans and a related zoning ordinance in april. nicollet plaza filed a lawsuit in dakota county in early may against the city, developer chase real estate and landowner ksh development seeking to halt the project.penwell contends that all parties must approve of any changes to the project because they entered into a legally binding agreement in 2004 when they signed off on earlier project plans — and his client won’t go along with the revisions.mayor elizabeth kautz said the previous site plans were meant to be flexible and noted that the city has revised such plans for other projects. provided images parking concerns around the development are the driving force behind objections to the project. “what we’re looking at is you holding the city hos...