Frisco, Indian Ridge developer work to avoid landing in court |

Frisco, Indian Ridge developer work to avoid landing in court

FRISCO – Frisco officials and a local developer are working toward an agreement so they don’t have to go to court.

Koenew LLC filed suit against Frisco after town officials denied a development application known as Indian Ridge – a five-unit, multi-family development on Forest Drive.

“I think that Koenew simply wanted to get things going here and demonstrate that they’re serious about this project,” said Mark Honhart, an associate with David Helmer’s law firm, which is representing Koenew.

At present, town officials and the plaintiff are at a standstill.

“We have executed what’s called a “standstill’ agreement,” said Amy Ito, Frisco’s community development coordinator. “It’s an agreement that allows us to continue to consider the application during a period of time.”

According to Ito, the agreement allows Koenew to revise its application to meet the town requirements without having to begin the application process anew. As part of the agreement, Koenew was required to submit a revised application by March 11, she said, which it did.

“It’s my understanding that a development application has been submitted,” Honhart said.

Frisco Senior Planner Mark Gage is reviewing the submittal currently, said Frisco Community Relations Director Linda Lichtendahl, adding that the town council will review the application at its April 1 meeting.

“They have also applied for a variance request for the slope disturbance,” Lichtendahl said. “The town has certain codes for slope disturbance. (The applicant doesn’t) want to meet the code, so they’re requesting council alter the requirements for their project.”

It’s in the interest of both parties to reach an agreement without going to court, Honhart said.

“My client just wants to build the units that he’s proposed, and he’d rather build than litigate – I know that,” he said.

If Frisco and Koenew LLC are not able to resolve the matter through the standstill, they will proceed to district court to pursue the lawsuit, Honhart said. The suit does not specify a monetary amount, as that is prohibited in state district court.

Lu Snyder can be reached at (970) 668-3998, ext. 203, or

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