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REQUEST FOR COUNCIL ACTION <br />COUNCH M’^PTINGJAN 1 1 1999 <br />CITY OFOROf^O <br />Date: December 28,1998 <br />Item No.; ^ <br />Department Approval:Administrator Approval:Agenda Section: <br />Zoning <br />Name: Michael P. Gaffron ^ <br />Title: Tenior Planning Coordinator <br />Item Description:#2372/2377/2388 Wyatt & Nancy Moe, 1230 Spruce Place - Variances, Lot <br />Line Rearrangement, Street/park vacation, and Vacation of Portland Place - <br />Request for Refund <br />List of Exhibits <br />A - Letter of Request <br />B - Staff Response Letter 12-28-98 and Attachments <br />Dr. Moe has requested a refund of certain fees related to the above applications, as well as City <br />payment of approximately 1/3 of his surveyor bills. Staff is recommending that the $300 fee for the <br />vacation of Portland Place be refunded, on the basis that this fee and application would not heve <br />been necessary had the City proceeded properly in its 1978-79 vacation action. <br />No suitable basis has been provided to support Ciiy payment of the surveyor bill. The City has <br />incurred significant legal and engineering costs due to these applications, and these have purposely <br />not been billed to the applicant. These incurred costs should be considered as the City's contribution <br />to the lot line rearrangement which resulted in the Moe's owning the park and right-of-way they had <br />long been maintaining, and the City owning the roadway which had long been encroaching on the <br />Moe property. <br />COUNCIL ACTION REQUESTED <br />Authorize a refund of $300 to Dr. W. Wyatt Moe for Portland Place Vacation application #2388. <br />Advise staff whether payment of a portion of the surveyor fees is warranted.