Title
Accept or Reject the Street Vacation Application Proposing to Vacate a Portion of Division Street Public Right-of-Way Located Along 752 Division Street
Body
RECOMMENDED ACTION (Motion):
Staff recommends the City Commission reject the street vacation application proposing to vacate a portion of Division Street Public Right-of-Way located along 752 Division Street.
BACKGROUND:
The City received an application seeking the vacation of a portion of Division Street public right-of-way from Mihaela Serac, owner of the property located at 752 Division Street, by and through her attorneys at Vial Fotheringham LLP. The portion of right-of-way is approximately 30 feet wide and 100 feet long spanning the length of her property at 752 Division Street, also known as Taxlot 100, Tax map 22E32CA.
Public Works Engineering reviewed the application and found this proposed right-of-way vacation has a negative effect on public and private infrastructure and is not in the best public interest. Therefore Public Works Engineering does not support any further consideration of this application and recommends rejecting the application based on reasons further listed below.
Public Works Engineering informed the applicant that both the City Engineer and Public Works Director are not supportive of vacating this segment of Division Street public right-of-way. Even with Public Works management staff being non-supportive of this application, the applicant would still like to proceed with an official determination of whether the application is rejected. The City Commission, as the governing body, has the authority to reject the application that petitions for the vacation of public right-of-way or not.
Public Works recommends the City Commission reject the Street Vacation Application because of the following reasons.
1. There is a present need for this portion of Division Street public right-of-way:
ยท The proposed street vacation area includes the supporting slope embankment for th...
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