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One additional factor that should be known is the City did approve a vacation of five feet from <br />both the north and south portion of the right-of-way back when Mr. Roberto constructed his <br />house in 2003. That action reduced the right-of-way from 60 feet to 50 feet. <br />The Council will have to decide if they want to initiate a vacation hearing based on Mr. <br />Roberto's request. If so, a 4/5ths vote of the Council is needed to grant the vacation. We would <br />also need to define the exact nature of the area to be vacated. If you decide to proceed with the <br />hearing, you are not bound to grant the vacation. The Council could also require Mr. Roberto to <br />pay the $200 deposit and execute a cost agreement making him responsible for the costs <br />associated with this process as would typically happen if he had petitioned for the hearing. If <br />you move forward with the hearing, the appropriate mailed and published notices would take <br />place. Staff would also conduct a more detailed review of the specific request to ensure the <br />public's interests are being protected. <br />cc: Sam Roberto <br />2 <br />